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Regulations By The State Council | Rules for the Implementation of the Frontier Health and Quarantine Law of the People's Republic of China

作者:北京睿库发布时间:2023-09-15 11:16:39

 

Promulgation Authorities:  State Council

Promulgation Date:  2019.03.02

Effective Date:  2019.03.02

Validity Status:  valid

Rules for the Implementation of the Frontier Health and Quarantine Law of the People's Republic of China (Revised in 2019)


Rules for the Implementation of the Frontier Health and Quarantine Law of the People's Republic of China (Revised in 2019)

Chapter I General Provisions


Article 1    These Rules are enacted in accordance with the Frontier Health and Quarantine Law of the People's Republic of China (hereinafter referred to as the "Frontier Health and Quarantine Law").


Article 2    For the purpose of the Frontier Health and Quarantine Law and these Rules, the terms are defined as follows:

"Inspection" means medical inspection and sanitary inspection made by the frontier health and quarantine organ (hereinafter referred to as the "health and quarantine organ");

"Quarantinable epidemic victim" means a person who suffers from a quarantinable disease, or a person who is preliminarily diagnosed by the health and quarantine organ as having been infected with or having been in the incubation period of a quarantinable disease;

"Quarantinable epidemic suspect" means a person who has been exposed to the infected environment of a quarantinable disease and may spread such disease;

"Isolation" means detaining a quarantinable epidemic victim in a designated place so as to restrict his/her activities for medical treatment until there is no longer any danger of spreading a quarantinable disease;

"Detention for inspection" means detaining a quarantinable epidemic suspect in a designated place for diagnosis and inspection;

"Diagnosis and inspection on the spot" means that a person goes, at a time designated by the health and quarantine organ, to the nearest health and quarantine organ or other medical and health institution to receive diagnosis and examination, or that the health and quarantine organ or the medical and health institution performs diagnosis and examination for such person at his/her residence;

"Transport equipment" means cargo containers;

"Sanitary treatment" means medical measures including isolation, detention for inspection and diagnosis and inspection on the spot, as well as sanitary measures including disinfection, deratting and disinsection;

"Monitoring of infectious diseases" means investigation in a specific environment and among specific groups of people in terms of epidemiology, serology, etiology, clinical symptoms and other related influencing factors, and forecasting of occurrence, development and prevalence of infectious diseases;

"Health supervision" means sanitary inspection, appraisal, evaluation and sampling in the implementation of health laws and regulations and health standards;

"Means of transport" means ships, aircrafts, trains and other vehicles; and

"Frontier ports" mean international seaports, airports, railway stations and ports at land borders and boundary rivers.


Article 3    The work scope of the health and quarantine organ at a frontier port covers all foreign-related hotels, restaurants and clubs serving frontier ports, all entities providing food or beverage and services to the inbound or outbound means of transport, and all places where quarantine, monitoring and health supervision are carried out for inbound and outbound persons, means of transport, containers and goods.


Article 4    All inbound or outbound persons, means of transport and containers, as well as luggage, goods, parcels that may possibly transmit a quarantinable disease shall be subject to quarantine in accordance with these Rules and may only enter or exit upon approval of the health and quarantine organ.


Article 5    The health and quarantine organ shall, upon discovery of a quarantinable epidemic victim, immediately put him/her in isolation, take precautions to prevent other persons from being infected and handle the case as stipulated in Chapter VIII of these Rules.

Upon discovery of a quarantinable epidemic suspect, the health and quarantine organ shall handle the matter in accordance with the Chapter VIII hereof. As for those suspects suffering from a contagious disease other than those as defined in Chapter VIII of these Rules, they may be subject to diagnosis and inspection on the spot or detention for inspection as well as other sanitary treatment for a period of time not exceeding the longest incubation period of that contagious disease, reckoned from the day they left the infected environment.


Article 6    Health and quarantine organs are required to bar any quarantinable epidemic victims or suspects from exit, with the exception of those who come from abroad and have been subject to diagnosis and inspection on the spot upon arrival if they request to exit; if they exit by means of transport, quarantine physicians shall make endorsement on their exit quarantine certificates and inform the person in charge of the means of transport to adopt necessary preventive measures.


Article 7    The corpse of a person who died of any unknown cause other than an accidental injury at a frontier port or on an inbound or outbound means of transport staying thereat shall not be removed and transported until it has been inspected by the health and quarantine organ and a permit for removal and transportation of corpse issued.


Article 8    In the event of any means of transport from an infected area of China or on which a quarantinable disease or a suspected quarantinable disease or any death due to an unknown cause other than accidental injury is discovered during the domestic voyage, the person in charge of the means of transport shall notify the health and quarantine organ at the frontier port of arrival for a provisional quarantine.


Article 9    When quarantinable infectious diseases are prevailing at home or abroad, the health administrative department under the State Council shall report the situation to the State Council for decisions on taking the following one or all quarantine measures:

(I) ordering to blockade relevant areas of the land borders and boundary rivers;

(II) ordering that certain articles may only be imported or exported after disinfection or disinsection;

(III) prohibiting certain articles from being imported or exported; and

(IV) designating the first port of entry and landing airport. Without going through quarantine at the first port of entry or airport, the ships or aircrafts from foreign epidemic areas may not enter any other port or airport, with the exception of accidents or other special reasons.


Article 10    Upon the arrival of containers, goods, or discarded used materials at the port ready for entry or exit, a carrier, agent or consignor is required to declare to the health and quarantine organ to accept health quarantine. Containers, goods, or discarded used materials that come from epidemic area or have been contaminated by an infectious disease or are likely to transmit quarantinable epidemic diseases or are found to have rodents which affect human health and vectorial insects are required to undergo disinfection, deratting, disinsection or other necessary sanitary treatment.

If the consignor of the containers, goods or discarded used materials asks to go through health quarantine or sanitary treatment in other places, the health and quarantine organ shall provide convenience and do so in accordance with regulations.

The customs office shall carry out the release by virtue of the sanitary treatment certificate issued by the health and quarantine organ.


Article 11    A person who carries, consigns or mails special products such as microorganisms, human tissues, biological products, blood and its products for entry or exit is required to declare to the health and quarantine organ for health quarantine and go through the formalities for customs clearance with a certificate of approval for special products issued by the health and quarantine organ. No entry or exit shall be allowed without the permission of the health and quarantine organ.


Article 12    Luggage and other articles carried along or consigned by inbound or outbound passengers or crew members that may spread infectious diseases are required to undergo sanitary inspection. The health and quarantine organ shall exercise sanitary treatment or destruction of the food, drinks and aquatic products that come from the epidemic area or have been contaminated with epidemic diseases and issue a sanitary treatment certificate.

The customs office shall carry out release by virtue of the sanitary treatment certificate issued by the health and quarantine organ.


Article 13    The post authority is required to cooperate with the health and quarantine organ when it carries out health inspection and sanitary treatment of the parcels that are subject to health quarantine. No parcels may be delivered by the post authority without the permission of the health and quarantine organ.


Article 14    The General Administration of Customs of the People's Republic of China ("GACC") is responsible for stipulating the types, patterns and measure for issuance of health quarantine forms or certificates.


Chapter II Notification of Epidemic Situation


Article 15    When a quarantinable epidemic disease or a suspected quarantinable disease or a death due to an unknown cause other than accidental harm has been discovered at a frontier port or on the means of transport staying thereat, the person in charge of the organization concerned at the frontier port or of such means of transport must notify the health and quarantine organ immediately.


Article 16    When the health and quarantine organ has discovered a quarantinable disease or infectious disease under surveillance or suspected quarantinable disease, it must inform the local health authority and the health and epidemic prevention organization. When a quarantinable disease is discovered, it must be promptly reported to the health administrative department under the State Council.

When the local health and epidemic prevention organization has discovered a quarantinable disease or infectious disease under surveillance, it shall inform the health and quarantine organ.


Article 17    When a quarantinable disease is prevalent in a certain region at home or abroad, the health administrative department under the State Council may declare the region as an infected area.


Chapter III Health and Quarantine Organ


Article 18    The health and quarantine organ, based on its work needs, may set up local offices. The establishment, merger or dissolution of the health and quarantine organ shall be conducted in accordance with relevant regulations.


Article 19    The duties of the health and quarantine organ are:

(I) to enforce the Frontier Health and Quarantine Law and its rules for implementation as well as relevant health laws and regulations of the State;

(II) to collect, analyze information and report about the occurrence, prevalence and the cessation of infectious diseases at the international or frontier ports;

(III) to supervise the sanitary conditions at the frontier ports and to exercise quarantine inspection, infectious disease monitoring, health supervision and sanitary treatment for the inbound and outbound means of transport, persons, containers, corpses, human bones as well as luggage, goods, parcels that may spread quarantinable diseases;

(IV) to carry out health quarantine for any special articles such as inbound and outbound microorganisms, biological products, human tissues, blood and its products as well as any animals that may spread a human epidemic disease;

(V) to provide services of preventive inoculation, physical check-up, medical treatment, international travel health consultancy and hygiene promotion for inbound and outbound travelers;

(VI) to issue health quarantine certificates;

(VII) to make epidemiological investigations and carry out scientific experiments; and

(VIII) to carry out other tasks assigned by the GACC and the health administrative department under the State Council.


Article 20    The duties of the health supervisor at a frontier port are:

(I) to exercise health supervision and carry out health publicity for the frontier port or inbound and outbound means of transport staying at the frontier port;

(II) to give technical guidance in sanitary treatment, such as disinfection, deratting and disinsection; and

(III) to make investigation into the cases that have caused the spread of infectious diseases and the proliferation of rodents, vectorial insects, food-poisoning and food-borne contamination and to suggest control measures.


Article 21    When performing duties, the officers of the health and quarantine organ and the health supervisors at frontier ports shall wear their quarantine uniforms and quarantine marks; the means of transport of the health and quarantine organ at work are required to fly quarantine flags.

The design of the quarantine uniform, mark and flag and their uses shall be worked out by the GACC jointly with other authorities and submitted to the State Council for ratification.


Chapter IV Maritime Quarantine


Article 22    The entry quarantine for vessels must be carried out at quarantine anchorage of the port or at the designated place approved by the health and quarantine organ.

Quarantine anchorage shall be decided jointly by the maritime authority and the health and quarantine organ and filed with the competent department of transport under the State Council and the GACC for the record.


Article 23    Prior to the arrival of a vessel which is subject to entry quarantine, a shipping agency is required to inform the health and quarantine organ of the following matters as soon as possible:

(I) name and nationality of the vessel and scheduled time and date of arrival at the quarantine anchorage;

(II) port of departure and port of final call;

(III) number of crew and passengers; and

(IV) type of cargo.

The maritime authority shall inform the health and quarantine organ of time and date of arrival of the vessel at the quarantine anchorage as soon as possible.


Article 24    If, during its voyage, a quarantinable disease, suspected quarantinable disease, or a person died of an unknown cause other than an accidental injury is discovered on a vessel which is subject to entry quarantine, the captain must forthwith report the following matters to the health and quarantine organ at the quarantine port:

(I) name and nationality of the vessel and scheduled time and date of arrival at the quarantine anchorage;

(II) port of departure and port of final call;

(III) number of crew and passengers;

(IV) type of cargo;

(V) name of disease or principal symptoms, number of cases and deaths; and

(VI) whether or not there are doctors on board.


Article 25    Any vessel which is subject to entry quarantine must hang the quarantine signal to wait for inspection according to the following provisions. It is not allowed to lower the quarantine signal until an entry quarantine permit has been issued to it by the health and quarantine organ.

In the daytime, a vessel shall fly a signal flag of international code at a conspicuous place on the vessel:

(I) "Q" flag signifies that the vessel is not infected with epidemic, requesting the issuance of an entry quarantine permit; and

(II) "QQ" flag signifies that the vessel is infected or suspected of being infected with epidemic, requesting immediate quarantine.

At night, a light-signal shall be hung vertically at a conspicuous place on the vessel:

(I) three red lamps signify that the vessel is not infected with epidemic, requesting the issuance of an entry quarantine permit; and

(II) four lamps (red, red, white and red) signify that the vessel is infected or suspected of being infected with epidemic, requesting immediate quarantine.


Article 26    Except the pilot or those approved by the health and quarantine organ, no person is allowed to embark on a vessel with the quarantine signal, and no such articles as luggage, goods and parcels are allowed to be loaded or unloaded, nor another vessel is allowed to approach it. Except in wreckage, no person on board the vessel is allowed to disembark without the approval by the health and quarantine organ, and no pilot is allowed to guide the vessel out of the quarantine anchorage.


Article 27    Vessels applying for telegraphic quarantine must first submit an application to the health and quarantine organ for sanitary inspection. The sanitary certificate can only be granted to the qualified vessels. The telegraphic quarantine may be applied for within 12 months as of the date of issuance of the certificate.


Article 28    Any vessel with valid sanitary certificate is required to make a report, 24 hours before entry, to the health and quarantine organ about the following matters:

(I) name and nationality of the vessel and scheduled time and date of arrival at the quarantine anchorage;

(II) port of departure and port of final call;

(III) number of crew and passengers and their state of health;

(IV) type of cargo; and

(V) date of issue and number of the vessel's sanitary certificate; date and port of issue of the deratting certificate or a deratting exemption certificate as well as other sanitary documents.

After obtaining the reply of approval to the above report from the health and quarantine organ, the vessel may enter the port.


Article 29    Entry quarantine of vessels shall be carried out during the interval between sunrise and sunset. The round-the-clock quarantine shall be applied to any port which has night navigation conditions for docking and loading and unloading operation of cargo. No night-time quarantine shall be applied to vessels from epidemic areas.


Article 30    The captain of a vessel which is subject to entry quarantine, upon the embarkation of the quarantine physician, is required to submit the maritime declaration of health, the crew list, passenger list and cargo declaration form signed by him/her or countersigned by the vessel doctor and produce the deratting certificate or the deratting exemption certificate.

During the inspection, the quarantine physician has the right to consult the deck logbook and other related documents; the quarantine physician may ask for detailed information about the sanitary situation of the vessel during its navigation course, if he/she deems it necessary, and the captain and the vessel doctor must answer the questions truthfully. The answers in written form must bear the signature of the captain and that of the vessel doctor.


Article 31    On completion of entry inspection of the vessel, the quarantine physician is required to sign and issue an entry quarantine permit without delay for any vessel which is not infected with epidemic; if the vessel needs to go through sanitary treatment or is subject to certain restrictions, an endorsement must be made on the permit, and measures shall be taken accordingly; if the vessel is infected with or is suspected to be infected with an epidemic, a notice on sanitary treatment shall be issued to the vessel in addition to notifying the maritime authority. The pilot and those approved by the health and quarantine organ shall be deemed to have accepted the sanitary treatment as crew members. An entry quarantine permit shall be issued to the vessel only after the necessary sanitary treatment is completed.

Having received the entry quarantine permit issued by the health and quarantine organ, the vessel may lower the quarantine light signal.


Article 32    Before departure of an vessel subject to exit quarantine, a shipping agency is required to inform the health and quarantine organ of the following matters as soon as possible:

(I) name and nationality of the vessel and scheduled date and time of departure;

(II) port of destination and primary port of call;

(III) crew list and passenger list; and

(IV) type of cargo.

The maritime authority shall inform the health and quarantine organ of the fixed date and time of departure of the vessels at the earliest time.

If there is no change to crew members and passengers, the vessel subject to entry and exit quarantine at the same port may be exempted from submission of the crew list and passenger list; in case of a change, the crew list and passenger list shall be submitted.


Article 33    The captain of a vessel subject to exit quarantine is required to show the deratting certificate or the deratting exemption certificate and other related quarantine documents to the health and quarantine organ. The quarantine physician may ask the captain or the vessel doctor for further details about the state of health of the crew members and the passengers as well as the sanitary situation on the vessel; the captain and the vessel doctor are required to give true answers.


Article 34    Upon completion of exit quarantine for a vessel, the quarantine physician shall sign and issue an exit quarantine permit without delay based on the quarantine result. If the vessel cannot yet sail at the scheduled time on account of the sanitary treatment, the maritime authority shall be notified of the same in a timely manner.


Article 35    After exit quarantine for a vessel has been completed, no persons other than the pilot and those approved by the health and quarantine organ shall be allowed to board the vessel, and no articles such as luggage, cargo and parcels shall be loaded or unloaded. Any violation of the rules may cause the vessel to undergo exit quarantine again.


Chapter V Air Quarantine


Article 36    Any aircraft shall be prohibited from dumping or dropping any articles that may spread infectious diseases while in flight.


Article 37    The air station that conducts health and quarantine inspection is required to inform the health and quarantine organ of the following matters at the earliest time prior to the arrival of an aircraft subject to entry quarantine:

(I) nationality, model, number and identification mark of the aircraft and its scheduled time of arrival;

(II) departure station, stop-over station; and

(III) number of crew members and passengers.


Article 38    When a quarantinable disease or a suspected quarantinable disease or a death due to an unidentified cause other than accidental harm is discovered during the flight, the captain of an aircraft subject to entry quarantine shall immediately notify the air station at the airport of arrival and report the following matters to the health and quarantine organ:

(I) nationality, model, number and identification mark of the aircraft and its scheduled time of arrival;

(II) departure station, stop-over station;

(III) number of crew members and passengers; and

(IV) name of disease or principal symptoms, number of cases and deaths.


Article 39    After an aircraft which is subject to entry quarantine lands at the airport, the quarantine physician shall get on board first. The captain or authorized agent thereof is required to submit to the health and quarantine organ the general declaration form, passenger list, cargo warehouse receipt and the valid mosquito eradication certificate or other documents in relation to quarantine. The captain or his/her authorized agent is required to give true answers to the quarantine physician's inquiries about the sanitary situation on board the aircraft. Before completion of quarantine, no persons other than those approved by the health and quarantine organ are allowed to get on or off the aircraft; no articles such as luggage, cargo and parcels shall be loaded or unloaded.


Article 40    Inbound passengers must undergo entry inspection at the designated place and answer the quarantine physician's inquiries orally or in written form. During the inspection time, no inbound passengers may leave the inspection place.


Article 41    Upon completion of inspection of the inbound aircraft, the quarantine physician shall sign and issue an entry quarantine permit to the aircraft which is not infected with epidemic based on the inspection result; if the aircraft needs to undergo sanitary treatment or have certain restrictions, an endorsement shall be made on the permit, which shall be executed by the aircraft captain or his/her authorized agent; if the aircraft is found to be infected or suspected to be infected with the epidemic, a notice on sanitary treatment shall be given to the aircraft in addition to notifying the air station, and an entry quarantine permit shall be issued to the aircraft after the prescribed sanitary treatment has been completed.


Article 42    Before the departure of an aircraft which is subject to exit quarantine, the air station subject to health and quarantine inspection shall submit to the health and quarantine organ the general declaration form, cargo warehouse receipt and other documents in relation to quarantine and inform the following matters:

(I) nationality, model, number and identification mark of the aircraft and its scheduled time of departure;

(II) stop-over station and destination station; and

(III) number of crew members and passengers.


Article 43    Upon completion of inspection of an outbound aircraft, the quarantine physician is required to sign and issue an exit quarantine permit to the aircraft which is not infected with epidemic, or, such permit shall be issued upon completion of the necessary sanitary treatment. If the aircraft cannot take off on the scheduled time due to sanitary treatment, the air station shall be notified of the same without delay.


Chapter VI Land Border Quarantine


Article 44    Prior to the arrival of a train which is subject to entry quarantine, the railway station conducting health and quarantine inspection shall inform the health and quarantine organ of the following matters at the earliest time:

(I) number of the train; scheduled time of arrival;

(II) station of departure; and

(III) marshalling of the train.


Article 45    On arrival of a train or any other vehicle which is subject to entry quarantine at a station or at a frontier post, the quarantine physician shall be the first to embark on the train or vehicle. The master of the train or the person in charge of the vehicle shall, either orally or in written form, declare to the health and quarantine organ the state of health of all persons on board and give true answers to the inquiries by the quarantine physician concerning sanitary and health conditions of persons on board.


Article 46    On arrival of a train or any other vehicle which is subject to entry quarantine at a station or at a frontier post, no person is allowed to get on or off the train or vehicle, nor any luggage, goods and parcels are allowed to be loaded or unloaded, without the permission of the health and quarantine organ before entry quarantine is over and an entry quarantine permit is issued.


Article 47    Prior to the departure of a train which is subject to exit quarantine, a railway station conducting health and quarantine inspection shall notify the health and quarantine organ of the following matters at the earliest time:

(I) number of the train; scheduled time of departure;

(II) station of destination; and

(III) marshalling of the train.


Article 48    During its course of transportation, if a quarantinable disease, a suspected quarantinable disease, or a death due to an unidentified cause other than accidental harm is discovered on a train or any other vehicle which is subject to entry or exit quarantine, the master of the train or the person in charge of the vehicle is required to report to the health and quarantine organ upon arrival at the railway station or at the frontier post.


Article 49    In case that a quarantinable disease or a suspected quarantinable disease is discovered on a train subject to entry or exit quarantine, or in case that the train is unable to depart at scheduled time due to sanitary treatment, the health and quarantine organ shall inform the head of the station without delay. If the parking place is not suitable for sanitary treatment, the head of the station may decide on another place within the station for sanitary treatment. Before completion of sanitary treatment, without the permission of the health and quarantine organ, no person is allowed to get on or off the train, nor any luggage, goods or parcels are allowed to be loaded or unloaded.

In order that the normal transportation of an inbound through train can be ensured, the health and quarantine organ may have its personnel exercise quarantine on board the train. The master of the train shall provide conveniences.


Article 50    After completion of entry or exit quarantine for a train or any other vehicle, the quarantine physician shall sign and issue an entry or exit quarantine permit according to the result of quarantine or do so after the necessary sanitary treatment.


Article 51    Any person entering or leaving the country on foot must undergo entry or exit quarantine inspection at the designated place and may not leave the place without the permission of the health and quarantine organ.


Article 52    Any train or vehicle subject to entry or exit quarantine, which carries goods coming from infected area, or having been infected or being suspected to have been infected with an epidemic disease or being found to have secretly carried rodents or vectorial insects that may spread an epidemic disease, must undergo health inspection and necessary sanitary treatment.


Chapter VII Sanitary Treatment


Article 53    When performing sanitary treatment, the officers of the health and quarantine organ must pay attention to the following matters:

(I) to prevent harm to any person's health;

(II) to prevent damage to the structure of and the equipment on the means of transport;

(III) to prevent fire; and

(IV) to prevent damage to the luggage or goods.


Article 54    The sanitary treatment for inbound or outbound containers, luggage, goods or parcels shall be conducted by the health and quarantine organ if necessary.

Any inbound or outbound means of transport is subject to disinfection, deratting, disinsection or other sanitary treatment under any of the following conditions:

(I) having come from an epidemic area of a quarantinable disease;

(II) being contaminated by a quarantinable disease; or

(III) having rodents or vectorial insects which affect human health and exceeding the limit allowed by the national health standards.


Article 55    Goods that are shipped from abroad and are only passing through the People's Republic of China shall, if there is no transshipment within China, be exempted from sanitary treatment except for events of epidemiological significance which are subject to sanitary treatment.


Article 56    According to the extent of contamination, the health and quarantine organ shall exercise disinfection, deratting, disinsection respectively for the inbound or outbound used materials or the used means of transport driving at foreign ports. In case of serious contamination, they shall be destroyed.


Article 57    Any consignor of inbound or outbound corpse and skeleton or his/her agent shall apply for health and quarantine inspection and present a certificate of death or other related documents. If the hygiene requirements are not satisfied, such corpse and skeleton must undergo sanitary treatment by the health and quarantine organ. Only those passing the health and quarantine inspection are allowed to be transported in or out.

The corpse of a patient who died from a quarantinable disease must be cremated at a nearby place and may not be transported.


Article 58    Before the arrival at a port, if the means of transport has already undergone sanitary treatment at another port, no repeated sanitary treatment is required. However, it is still necessary to conduct sanitary treatment under any of the following circumstances:

(I) events of epidemiological significance take place at the port for previous sanitary treatment or on the means of transport, requiring further sanitary treatment; or

(II) sanitary treatment conducted at another port proved to be practically ineffective before arrival at the port.


Article 59    If any abnormal death among rodents, the cause of which is not yet known, is found at a frontier port or on the means of transport, the person in charge of relevant organization at the frontier port or of the means of transport must report immediately to the health and quarantine organ for rapid ascertainment of its cause and application of sanitary treatment.


Article 60    The captain of a ship of international voyage is required to apply to the health and quarantine organ for inspection of rat damage every six months; the health and quarantine organ shall, according to the result of the inspection, apply a deratting to the ship or exempt it from deratting and issue a deratting certificate or a deratting exemption certificate. The certificate shall be valid for six months reckoned from the date of issuance.


Article 61    The health and quarantine organ may issue a deratting exemption certificate if it is verified that a ship is free of rodents through inspection under any of the following circumstances:

(I) where the cabin is void; or

(II) where there is ballast or other goods in the cabin, but these goods do not lure the mice, and the layout of the goods does not hinder the inspection for rodents.

When an oil tanker is in full load for inspection, a deratting exemption certificate may be issued.


Article 62    The rat-inspection or deratting of a ship shall be carried out when the cabin is void. If the ship cannot undergo rat-inspection or deratting by means of fumigation in due time owing to some reason or other, and it is sailing towards a port convenient for inspection or deratting by means of fumigation, the term of validity of the original deratting certificate or the deratting exemption certificate for the ship may be extended for one month, and the extension certificate may be issued.


Article 63    When a ship of an international voyage is subject to deratting by means of fumigation according to the criteria set by the state, if the deratting certificate or the deratting exemption certificate of the ship is still valid, except that the ship is found to have been infected with the plague or is suspected to have been infected with the plague, the health and quarantine organ must notify the captain of the ship of the reasons for deratting. The captain must act as required.


Article 64    While anchoring at the port, the captain is required to take measures as follows:

(I) effective rat guards or other rat-proof devices shall be used on the mooring ropes;

(II) the accommodation ladders and the bridge boards must be illuminated by strong lights; and

(III) when any dead rat is found or any rat is trapped, a report shall be made to the health and quarantine organ.


Article 65    If rodents are found on any ship of domestic voyage anchoring at the frontier port, the ship owner must undertake deratting by itself. Upon application of the ship owner, the health and quarantine organ may exercise deratting.


Article 66    When necessary, the health administrative department under the State Council may require the persons from abroad or some areas abroad to show the valid certificate of certain preventive inoculation or health certificate to the health and quarantine organ upon their entry.


Article 67    Term of validity of preventive inoculation is as follows:

(I) for yellow fever vaccine, it is valid for 10 years from the tenth day of inoculation. If the term of previous inoculation is less than 10 years and a second inoculation follows, it is valid for 10 years from the day of that second inoculation; and

(II) for other kinds of inoculation, their term of validity shall be governed by related regulations.


Chapter VIII Administration of Quarantinable Diseases


Section 1 Plague


Article 68    Incubation period of the plague is six days.


Article 69    Under any of the following circumstances, a ship or an aircraft, upon its arrival, shall be regarded as having been infected with the plague:

(I) any plague case is found on the ship or aircraft;

(II) any rodent infected with the plague is found on the ship or aircraft; or

(III) any person is found to have caught the plague six days after he/she boarded the ship.


Article 70    Under any of the following circumstances, a ship shall be regarded as being suspected to have caught the plague:

(I) there is no plague case but there are persons who caught the plague six days after they boarded the ship; or

(II) abnormal death of rodent is found on the ship and its cause of death is not yet known.


Article 71    The following sanitary treatment shall be implemented for a ship or aircraft infected with plague:

(I) the victim who has contracted the plague shall be placed in isolation;

(II) the plague suspect shall be subject to disinsection and diagnosis and inspection on the spot or detention for inspection a period of not more than six days reckoned from the day of arrival. During this period, no crew member may disembark except for work needs and approval by the health and quarantine organ;

(III) any luggage and belongings and used articles of a plague victim or a plague suspect and other articles that the health and quarantine organ has reason to believe to be contaminated shall undergo disinsection and, if necessary, disinfection;

(IV) any part of the ship or aircraft that has been occupied by the plague victim, and any other part that the health and quarantine organ has reason to believe to be contaminated shall undergo disinsection and, if necessary, disinfection;

(V) if any rodent on a ship or an aircraft is found to have caught the plague, the health and quarantine organ shall exercise deratting. If rodent is found to have not caught the plague, the health and quarantine organ may also exercise deratting. The deratting may be carried out in isolation. The deratting of a ship shall be carried out before unloading; and

(VI) the unloading shall be carried out under supervision of the health and quarantine organ to prevent the unloading staff from being infected. If necessary, the unloading staff shall be subject to diagnosis and inspection on the spot or detention for inspection for a period of not more than six days reckoned from the day of completion of the unloading.


Article 72    A ship suspected of being infected with plague shall be subject to sanitary treatment provided for in Items (II) to (VI) of Article 71 hereof.


Article 73    For a ship or aircraft not infected with the plague, if it comes from an infected area, the health and quarantine organ may, where necessary, apply the following sanitary treatment:

(I) the plague suspect disembarking from the ship or aircraft shall be subject to diagnosis and inspection on the spot or detention for inspection for a period of not more than six days reckoned from the day the ship or aircraft left the infected area; and

(II) the ship or aircraft must undergo deratting under special circumstances.


Article 74    The following sanitary treatment shall be implemented for a train or any other vehicle which carries a plague case upon arrival:

(I) the sanitary treatment provided for in Items (I), (III), (IV) and (VI) of Article 71 hereof;

(II) the plague suspect shall be subject to disinsection and diagnosis and inspection on the spot or detention for inspection for a period of not more than six days reckoned from the day of arrival; and

(III) when necessary, the train or any other vehicle shall undergo deratting.


Section 2 Cholera


Article 75    The incubation period of cholera is five days.


Article 76    A ship shall be regarded as having been contaminated with cholera when any cholera case is found on board upon its arrival, or there were cholera cases on board within five days before its arrival.

The ship shall be regarded as suspected of cholera if there were cholera cases on board during its voyage but no further cases have occurred within five days before its arrival.


Article 77    An aircraft shall be regarded as having been contaminated with cholera when any cholera case is found on board upon its arrival.

The aircraft shall be regarded as suspected of cholera if there were cholera cases on board during its voyage but the cases have left the aircraft before arrival.


Article 78    The following sanitary treatment shall be implemented for a ship or aircraft infected with cholera:

(I) the person infected with cholera shall be placed in isolation;

(II) the crew members and passengers leaving the ship or aircraft shall be subject to diagnosis and inspection on the spot or detention for inspection for a period of not more than five days reckoned from the day of the completion of sanitary treatment. Within five days reckoned from the day the ship arrived, no crew member may disembark except for work needs and approval by the health and quarantine organ;

(III) any luggage and belongings of the cholera victim or the suspect and any other articles or food that are suspected of having been contaminated shall be disinfected;

(IV) the parts that have been occupied by the cholera victim and those that are suspected of having been contaminated shall be disinfected;

(V) the drinking water that has been contaminated or is suspected of having been contaminated with cholera shall be disinfected before being drained off, and the fresh water tank shall be disinfected before being refilled with clean water;

(VI) human excrement, rubbish, used water, waste materials and the blast water from the cholera infected area shall not be discharged or unloaded without disinfection; and

(VII) the unloading shall be carried out under supervision of the health and quarantine organ to prevent the unloading staff from being contaminated. When necessary, these unloading staff shall be subject to diagnosis and inspection on the spot or detention for inspection for a period of not more than five days reckoned from the day the unloading is completed.


Article 79    The following sanitary treatment shall be applied to a ship or aircraft that is suspected of having been contaminated with cholera:

(I) it shall undergo sanitary treatment as stipulated in Items (II) to (VII) of Article 78 hereof; and

(II) the crew members and passengers leaving the ship or aircraft shall be subject to diagnosis and inspection on the spot or detention for inspection for a period of not more than five days reckoned from the day the ship or aircraft arrived. During this period, no crew member on board the ship, except for duty and permitted by the health and quarantine organ, may leave the port area; the crew members and passengers leaving the ship or aircraft shall be subject to diagnosis and inspection on the spot or detention for inspection for a period of not more than five days reckoned from the day they left the cholera infected area.


Article 80    For a ship or aircraft not infected with epidemic, if it comes from a cholera infected area, it may be subject to the following sanitary treatment if the health and quarantine organ thinks it necessary:

(I) it shall undergo sanitary treatment as stipulated in Items (V) and (VI) of Article 78 hereof; and

(II) the crew members and passengers leaving the ship or aircraft shall be subject to diagnosis and inspection on the spot or detention for inspection for a period of not more than five days reckoned from the day they left the cholera infected area.


Article 81    The following sanitary treatment shall be applied to a train or any other vehicle if it carries a cholera case upon arrival:

(I) the sanitary treatment provided for in Items (I), (III), (IV), (V) and (VII) of Article 78 hereof; and

(II) the cholera suspect shall be subject to diagnosis and inspection on the spot or detention for inspection for a period of not more than five days reckoned from the day of arrival.


Article 82    The means of transport coming from a cholera infected area or suspected of having been contaminated with cholera shall undergo disinsection and disinfection if the health and quarantine organ thinks it necessary. If the means of transport carries aquatic products, fruit, vegetables, drinks or other foodstuffs, no unloading shall be allowed without the permission by the health and quarantine organ. When necessary, they have to undergo sanitary treatment, with the exception of those canned in air-tight containers and free from contamination.


Article 83    During inspection on the aquatic products, fruit, vegetables, drinks or parcels containing such products shipped from a cholera infected area, the health and quarantine organ shall exercise sampling examination in order to determine whether they have been contaminated. When necessary, sanitary treatment shall be conducted.


Section 3 Yellow Fever


Article 84    The incubation period of yellow fever is six days.


Article 85    Any person coming from a yellow fever infected area is required to produce a valid certificate of vaccination against yellow fever to the health and quarantine organ at the time of entry.

For those without valid certificate of vaccination, the health and quarantine organ may exercise detention for inspection for a period of six days reckoned from the day they left the infected place or they may undergo vaccination and detention for inspection until the certificate comes into effect.


Article 86    An aircraft shall be regarded as having been contaminated with yellow fever when yellow fever cases are found on board upon its arrival.


Article 87    An aircraft coming from a yellow fever infected area is required to produce the mosquito eradication certificate issued before it took off from that area. If, on arrival, it is unable to produce the mosquito eradication certificate, or the health and quarantine organ is not satisfied with the mosquito eradication certificate, and live mosquitoes are found on board, the aircraft shall be regarded as suspected of having been contaminated with yellow fever.


Article 88    A vessel shall be regarded as having been contaminated with yellow fever when yellow fever cases are found on board upon its arrival, or there were yellow fever cases on board during its voyage.

The vessel shall be regarded as suspected of being infected with yellow fever if it left the yellow fever infected area less than six days, or if within thirty days of arrival Aedes aegypti or other yellow fever vectors are found on board.


Article 89    A vessel or aircraft infected with yellow fever shall be subject to the following sanitary treatment:

(I) the person contaminated with yellow fever shall be placed in isolation;

(II) crew members and passengers leaving the vessel or the aircraft without a valid certificate of vaccination against yellow fever are required to undergo sanitary treatment as stipulated in Article 85 hereof;

(III) aedes aegypti, its eggs and larvae as well as other yellow fever vectors must be eliminated completely and, before completion of mosquito eradication, the vessel is required to keep away from the land or other vessels at a distance of at least 400 meters; and

(IV) unloading must be carried out after mosquito eradication. If it has to be done before mosquito eradication, it shall be carried out under the supervision of the health and quarantine organ, and preventive measures are taken to prevent unloading staff from being contaminated. If necessary, the staff shall be subject to diagnosis and inspection on the spot or detention for inspection for a period of six days reckoned from the date the unloading work is completed.


Article 90    A suspected ship or aircraft is required to undergo sanitary treatment as provided for in Items (II) to (IV) of Article 89 hereof.


Article 91    A vessel or aircraft coming from a yellow fever infected area but free from contamination may undergo sanitary treatment as stipulated in Item (III) of Article 89 hereof if the health and quarantine organ considers it necessary.


Article 92    A train or other vehicle with a case of yellow fever on board upon its arrival, or a train or other vehicle coming from a yellow fever infected area is required to undergo sanitary treatment as stipulated in Items (I) and (IV) of Article 89 hereof; adult mosquitoes, their eggs and larvae on board must be completely eradicated; the crew members and passengers without a valid certificate of vaccination against yellow fever are required to undergo sanitization as stipulated in Article 85 hereof.


Section 4 Diagnosis and Inspection on the spot, Detention for Inspection and Isolation


Article 93    The health and quarantine organ shall issue to the person subject to on-site diagnosis and inspection a register of on-site diagnosis and inspection. If necessary, the register shall be issued to the person after he/she has given a written pledge for fulfilling on-site diagnosis and inspection.

The person subject to on-site diagnosis and inspection must take the register with him/her to receive medical examination at the place and during a specific period of time designated by the health and quarantine organ. If the result of on-site diagnosis and inspection shows that the person is not infected with epidemic, he/she must return the register to the health and quarantine organ when the period of on-site diagnosis and inspection expires.


Article 94    The health and quarantine organ must, by the promptest means, notify the condition of the person subject to on-site diagnosis and inspection to its counterpart or any other medical and health entity at the place where the person subject to on-site diagnosis and inspection will make a stop.

If the person subject to on-site diagnosis and inspection asks for medical examination, the health and quarantine organ and the medical and health entity must take him/her as an emergency case and give him/her a medical examination and make endorsement of the result on the register. If he/she is found to have been contaminated with a quarantinable disease, or infectious disease under surveillance, or if he/she is suspected of having been contaminated with a quarantinable disease or infectious disease under surveillance, the necessary sanitary measures shall be adopted immediately, the register shall be taken back to keep on file for reference. At the same time the case shall be reported to the local health and epidemic prevention organization as well as the health and quarantine organ that has issued the register.


Article 95    Any person subject to detention for inspection shall do so at the place designated by the health and quarantine organ. In any of the following circumstances, the detention for inspection may be carried out on board a ship with the consent of the health and quarantine organ:

(I) at the request of the captain, detention for inspection may be carried out for members of the crew on board; or

(II) the passengers ask to have their detention for inspection carried out on board, with approval by the captain, and there are vessel physicians as well as facilities for medical treatment and disinfection.


Article 96    During the period of detention for inspection, if symptoms indicative of a quarantinable epidemic disease appear in the person, he/she must be isolated by the health and quarantine organ without delay. The other persons subject to detention for inspection in contact with him/her are required to undergo necessary sanitary treatment, and their term of detention shall be reckoned from the time the sanitization is completed.


Chapter IX Monitoring of Infectious Diseases


Article 97    Any inbound or outbound means of transport, person, food, drinking water and other articles as well as vectorial insects and animals are subjects to monitoring of infectious diseases.


Article 98    The monitoring of infectious diseases covers:

(I) investigation on first individual case;

(II) epidemiological investigation on the occurrence and spread of diseases;

(III) investigation on the source of infection;

(IV) retrospective investigation of infectious diseases under surveillance at the frontier port;

(V) investigation on the separation and identification of the pathogens; serological and epidemiological investigation on human groups and animals involved;

(VI) investigation on the animals, vectorial insects, food, drinking water and environmental factors;

(VII) observation and evaluation of the result of disinfection, deratting and disinsection;

(VIII) collecting, processing, analyzing and disseminating information on epidemic situation of infectious diseases under surveillance at the frontier port, at home and abroad; and

(IX) undertaking physical examination on persons subject to monitoring and exercising administration over patients of infectious diseases, suspects of such diseases, and close contacts.


Article 99    The health and quarantine organ shall prevent foreigners who suffer from serious mental disorder, infectious tuberculosis and other infectious diseases that may cause great harm to public health from entry.


Article 100    The people subject to entry or exit quarantine are required to fill in the health declaration form as required by the quarantine physician, to present a valid certificate of inoculation against certain infectious diseases, a health certificate or other related documents.


Article 101    The health and quarantine organ shall exercise monitoring of infectious diseases among the inbound or outbound passengers staying at the foreign-related hotels or guest houses at a frontier port as well as the employees and take precautionary or control measures according to circumstances.

The quarantine physician may, according to the results of epidemiological and medical examination, issue an instant medical card to any person coming from the infected area of the quarantinable disease or infectious disease under monitoring.

When a person requests for medical examination with an instant medical card, the health and quarantine organ and the medical and health entity shall perform emergency medical examination. If he/she is found to be a victim of a quarantinable epidemic disease or of a monitored epidemic disease or of a suspected quarantinable disease or of the monitored disease, necessary sanitary measures shall be adopted without delay. Meanwhile, the local health and epidemic prevention organization and the health and quarantine organ that issued the instant medical card shall be informed of the matter.


Article 102    Any person of Chinese nationality who applies to stay abroad for more than one year is required to hold a health certificate issued by the health and quarantine organ. The exit and entry organ for Chinese citizens shall process the exit formalities by virtue of the health certificate issued by the health and quarantine organ.

A person of Chinese nationality who has stayed abroad for more than one year is, upon entry, required to declare his/her health conditions to the health and quarantine organ and go to the nearest health and quarantine organ or to the hospital at or above the county level for physical examination within one month. The public security organ shall handle relevant procedures on the strength of the health certificate. The duplicate of the health certificate must be delivered to the health and quarantine organ at the port of entry for record.

Chinese crew members working on the means of international transport must carry their health certificates issued by the health and quarantine organ or the hospital at or above the county level. The items and form of the health certificate shall be uniformly prescribed by the GACC. The certificate shall be valid for 12 months.


Article 103    When the health and quarantine organ establishes an infectious disease surveillance site inside the frontier port, the entities concerned shall provide assistance and convenience.


Chapter X Health Supervision


Article 104    The health and quarantine organ shall exercise health supervision over the sanitary conditions at frontier ports and the means of transport according to the requirements stipulated in Articles 18 and 19 of the Frontier Health and Quarantine Law.


Article 105    The sanitary requirements for the frontier ports are as follows:

(I) the frontier port, the foreign-related hotels, living service providers and waiting halls (rooms) within the frontier port shall have a complete sanitation system and necessary sanitary facilities and keep the indoor and outdoor environment clean and tidy and well-ventilated;

(II) the authorities at the frontier port shall take feasible measures to reduce the number of rodents or vectorial insects so that they will not cause any harm. Warehouses and freight yard are required to be equipped with rat-proof devices; and

(III) garbage, wastes, sewage and excrement at the frontier port must be subject to innocuous treatment in order to keep the environment at the frontier port clean and tidy.


Article 106    The sanitary requirements for the means of transport are as follows:

(I) the berths and carriages must be kept clean and tidy and well ventilated;

(II) any means of transport shall be equipped with adequate disinfection, deratting, disinsection drugs and equipment as well as rat-proof devices;

(III) cargo holds, luggage compartments and freight cars must be thoroughly cleaned before loading and after unloading. Mixed loading of toxic articles and food is strictly forbidden so as to prevent contamination; and

(IV) entry and exit means of transport that have not met the sanitary requirements must make improvement without delay under the supervision and direction of the health and quarantine organ.


Article 107    The sanitary requirements for food and drinking water and for food and drinking water practitioners are as follows:

(I) drinking water and food provided at the frontier port or on the means of transport must be up to the relevant sanitary standards;

(II) the foreign-related hotels within the frontier port and the department providing catering services to the inbound or outbound means of transport must obtain a hygiene license from the health and quarantine organ; and

(III) drinking water and food practitioners at the foreign-related hotels within the frontier port and at the inbound or outbound means of transport must hold valid health certificates.


Article 108    The persons in charge of the relevant entities at the frontier port or of the means of transport are required to comply with the following requirements:

(I) to abide by the Frontier Health and Quarantine Law and these Rules as well as other relevant health laws and regulations;

(II) to accept supervision and inspection by the health supervisors and provide convenience for their work; and

(III) to take prompt measures to improve sanitary conditions at the frontier port or on the means of transport in accordance with the proposals made by the health supervisors.


Chapter XI Penalties


Article 109    The acts that shall be subject to administrative sanctions as specified in the Frontier Health and Quarantine Law and these Rules refer to:

(I) vessels subject to entry quarantine failing to hang quarantine signals;

(II) inbound or outbound means of transport picking up or dropping passengers without authorization, loading or unloading articles such as luggage, goods or parcels prior to entry quarantine and after exit quarantine;

(III) refusing to undergo quarantine or resisting health supervision, or refusing to accept sanitary treatment;

(IV) forging or altering the quarantine form or certificate or failing to declare truthfully the epidemic situation;

(V) concealing to carry microorganisms, human tissues, biological products, blood and its products which are forbidden to be imported as well as other animals and articles likely to cause the spread of infectious diseases;

(VI) inbound or outbound means of transport leaving the quarantine place without permission for the purpose of evading quarantine inspection;

(VII) withholding the truth of epidemic diseases or falsifying the circumstances;

(VIII) discharging ballast water or removing such controlled objects as rubbish or contaminated matter without sanitary treatment by the health and quarantine organ;

(IX) transporting human corpses or skeletons without sanitary treatment by the health and quarantine organ;

(X) importing, exporting, using or dismantling used materials or used means of transport without declaration to the health and quarantine organ, or without sanitary treatment and issuance of health and quarantine certificate by the health and quarantine organ; and

(XI) removing patients of infectious diseases off the means of transport before inspection by the health and quarantine organ and thus causing the spread of diseases.


Article 110    Persons who commit any of the acts set forth in Items (I) to (V) of Article 109 hereof shall be given a warning or be fined from 100 yuan to 5,000 yuan; persons who commit any of the acts set forth in Items (VI) to (IX) of Article 109 hereof shall be fined from 1,000 yuan to 10,000 yuan; and persons who commit any of the acts specified in Items (X) and (XI) of Article 109 hereof shall be fined from 5,000 yuan to 30,000 yuan.


Article 111    When levying a fine, the health and quarantine organ shall issue an official receipt. All fines shall be turned over to the State Treasury.


Chapter XII Supplementary Provisions


Article 112    The charging standard for health and quarantine inspection by the frontier health and quarantine organ shall be developed by the GACC in conjunction with the finance and price departments under the State Council.


Article 113    These Rules shall come into effect as of the date of promulgation.

 

 


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