Frontier Health and Quarantine Law of China
2018-08-26 1512
- Document
Number:Order
No. 6 of the President of the People's Republic of China
- Area of Law: Health and Sanitation Customs
- Level of Authority: Laws
- Date issued:04-27-2018
- Effective Date:04-27-2018
- Issuing Authority: Standing
Committee of the National People's Congress
- Status: Effective
Frontier Health and
Quarantine Law of China
(Adopted at the 18th Meeting of the Standing Committee of the Sixth National
People's Congress on December 2, 1986; and amended for the first time in
accordance with the Decision on Amending the Frontier
Health and Quarantine Law of the People's Republic of China adopted
at the 31st Meeting of the Standing Committee of the Tenth National People's
Congress on December 29, 2007; amended for the second time according to the Decision on Amending Some Laws adopted
at the tenth session of the 11th Standing Committee of the National People's
Congress on August 27, 2009; amended for the third time according to the
Decision of the Standing Committee of the National People's Congress to Amend
Six Laws Including the Frontier Health and Quarantine
Law of the People's Republic of China, by Order No. 6 of the
President of the People's Republic of China on April 27, 2018)
Contents
Chapter I General Provisions
Chapter II Quarantine Inspection
Chapter III Monitoring of Infectious Diseases
Chapter IV Health Supervision
Chapter V Legal Liability
Chapter VI Supplementary Provisions
Chapter I General Provisions
Article 1. This Law is formulated in order to prevent infectious diseases from
spreading into or out of the country, to carry out frontier health and
quarantine inspection and to protect human health.
Article 2. Frontier health and quarantine offices shall be set up at
international seaports, airports and ports of entry at land frontiers and
boundary rivers (hereinafter referred to as "frontier ports") of the
People's Republic of China. These offices shall carry out the quarantining and
monitoring of infectious diseases, and health inspection in accordance with the
provisions of this Law.
Article 3. Infectious diseases specified in this Law shall include
quarantinable infectious diseases and infectious diseases to be monitored.
Quarantinable infections diseases shall include plague, cholera, yellow fever
and other infectious diseases determined and announced by the State Council.
Infectious diseases to be monitored shall be determined and announced by health
administration departments under the State Council.
Article 4. Persons, conveyances and transport equipment, as well as articles
such as baggage, goods and postal parcels that may transmit quarantinable
infectious diseases, shall undergo quarantine inspection upon entering or
exiting the country. No entry or exit shall be allowed without the permission
of a frontier health and quarantine office. Specific measures for
implementation of this Law shall be stipulated in detailed regulations.
Article 5. On discovering a quarantinable infectious disease or a disease
suspected to be quarantinable, a frontier health and quarantine office shall,
in addition to taking necessary measures, immediately notify the local health
administration department; at the same time, it shall make a report to the
health administration department under the State Council by the most
expeditious means possible, within 24 hours at the latest. Post and
telecommunications departments shall give priority to transmissions of reports
of epidemic diseases.
Messages exchanged between the People's Republic of China and foreign countries
on the epidemic situation of infectious diseases shall be handled by the health
administration department under the State Council in conjunction with other
departments concerned.
Article 6. When a quarantinable infectious disease is prevalent abroad or
within China, the State Council may order relevant sections of the border to be
blockaded or adopt other emergency measures.
Chapter II Quarantine Inspection
Article 7. Persons and conveyances on entering the country shall be subject to
quarantine inspection at designated places at the first frontier port of their
arrival. Except for harbor pilots, no person shall be allowed to embark on or
disembark from any means of transport and no articles such as baggage, goods or
postal parcels shall be loaded or unloaded without the health and quarantine
inspector's permission. Specific measures for the implementation of this Law
shall be stipulated in detailed regulations.
Article 8. Persons and conveyances exiting the country shall be subject to
quarantine inspection at the last frontier port of departure.
Article 9. When foreign ships or airborne vehicles anchor or land at places
other than frontier ports in China, the persons in charge of the ships or
airborne vehicles must report immediately to the nearest frontier health and
quarantine office or to the local health administration department. Except in
cases of emergency, no person shall be allowed to embark on or disembark from
the ship or airborne vehicle, and no articles such as baggage, goods and postal
parcels shall be loaded or unloaded without the permission of a frontier health
and quarantine office or the local health administration department.
Article 10. When a quarantinable infectious disease, a disease suspected to be
quarantinable or a death due to an unidentified cause other than accidental
harm is discovered at a frontier port, the relevant department at the frontier
port and the person in charge of the conveyance must report immediately to the
frontier health and quarantine office and apply for provisional quarantine
inspection.
Article 11. According to the results of an inspection made by quarantine
doctors, the frontier health and quarantine office shall sign and issue a
quarantine certificate for entry or exit to a conveyance either uncontaminated
by any quarantinable infectious disease or already given decontamination
treatment.
Article 12. A person having a quarantinable infectious disease shall be placed
in isolation by the frontier health and quarantine office for a period
determined by the results of the medical examination, while a person suspected
of having a quarantinable infectious disease shall be kept for inspection for a
period determined by the incubation period of such disease.
The corpse of anyone who died from a quarantinable infectious disease must be
cremated at a nearby place.
Article 13. Any conveyance subject to entry quarantine inspection shall be
disinfected, deratized, treated with insecticides or given other sanitation
measures when found to be in any of the following conditions:
(1) having come from an area where a quarantinable infectious disease is
epidemic;
(2) being contaminated by a quarantinable infectious disease; or
(3) revealing the presence of rodents which affect human health or insects
which are carriers of disease.
Apart from exceptional cases, when the person in charge of the foreign
conveyance refuses to allow sanitation measures to be taken, the conveyance
shall be allowed to leave the frontier of the People's Republic of China
without delay under the supervision of the frontier health and quarantine
office.
Article 14. A frontier health and quarantine office shall conduct sanitation
inspections and disinfect, derat, treat with insecticides or apply other
sanitation measures to articles such as baggage, goods and postal parcels that
come from an epidemic area and are contaminated by a quarantinable infectious
disease or may act as a vehicle of a quarantinable infectious disease.
A consignor or an agent thereof for the transportation of a corpse or human
remains into or out of this country must file a declaration with the frontier
health and quarantine office; such transportation into or out of this country
shall not be allowed until the sanitary inspection is passed.
Chapter III Monitoring of Infectious Diseases
Article 15. Frontier health and quarantine offices shall monitor persons on
entry or exit for quarantinable infectious diseases and shall take necessary
preventive and control measures.
Article 16. Frontier health and quarantine offices shall be authorized to
require persons on entry or exit to complete a health declaration form and
produce certificates of vaccination against certain infectious diseases, a
health certificate or other relevant documents.
Article 17. For persons who suffer from infectious diseases to be monitored,
who come from areas in foreign countries where infectious diseases to be
monitored are epidemic or who have close contact with patients suffering from
infectious diseases to be monitored, the frontier health and quarantine offices
shall, according to each case, issue them medical convenience cards, keep them
for inspection or take other preventive or control measures, while promptly
notifying the local health administration department about such cases. Medical
services at all places shall give priority in consultation and treatment to
persons possessing medical convenience cards.
Chapter IV Health Supervision
Article 18. Frontier health and quarantine office shall, in accordance with
state health standards, exercise health supervision over the sanitary
conditions at frontier ports and the sanitary conditions of conveyances on
entry or exit at frontier ports. They shall:
(1) supervise and direct concerned personnel on the prevention and elimination
of rodents and insects that carry diseases;
(2) inspect and test food and drinking water and facilities for their storage,
supply and delivery;
(3) supervise the health of employees engaged in the supply of food and
drinking water and check their health certificates; and
(4) supervise and inspect the disposal of garbage, waste matter, sewage,
excrement and ballast water.
Article 19. Frontier health and quarantine offices shall have frontier port
health supervisors, who shall carry out the tasks assigned by the frontier
health and quarantine offices.
In performing their duties, frontier port health supervisors shall be
authorized to conduct health supervision and give technical guidance regarding
frontier ports and conveyances on entry or exit; to give advice for improvement
wherever sanitary conditions are unsatisfactory and factors exist that may
spread infectious diseases; and to coordinate departments concerned to take necessary
measures and apply sanitary treatment.
Chapter V Legal Liability
Article 20. A frontier health and quarantine office may warn or fine, according
to the circumstances, any unit or individual that has violated the provisions
of this Law by committing any of the following acts:
(1) evading quarantine inspection or withholding the truth in reports to the
frontier health and quarantine office;
(2) embarking on or disembarking from conveyances upon entry, or loading or
unloading articles such as baggage, goods or postal parcels, without the
permission of a frontier health and quarantine office and refusing to listen to
the office's advice against such acts.
All fines thus collected shall be turned over to the state treasury.
Article 21. If a concerned party refuses to obey a decision on a fine made by a
frontier health and quarantine office, he may, within 15 days after receiving
notice of the fine, file a lawsuit in a local people's court. The frontier
health and quarantine office may apply to the people's court for mandatory
enforcement of a decision if the concerned party neither files a lawsuit nor
obeys the decision within the 15-day term.
Article 22. If a quarantinable infectious disease is caused to spread or is in
great danger of being spread as a result of a violation of the provisions of
this Law, criminal responsibility shall be investigated according to the
relevant provisions of the Criminal Law.
Article 23. The personnel of frontier health and quarantine offices must
enforce this Law impartially, perform duties faithfully and promptly conduct
quarantine inspection on conveyances and persons upon entry or exit. Those who
violate the law or are derelict in their duties shall be given disciplinary sanctions;
where circumstances are serious enough to constitute a crime, criminal
responsibility shall be investigated in accordance with the law.
Chapter VI Supplementary Provisions
Article 24. Where the provisions of this Law differ from those of international
treaties on health and quarantine that China has concluded or joined, the
provisions of such international treaties shall prevail, with the exception of
the treaty clauses on which the People's Republic of China has declared
reservations.
Article 25. In cases of temporary contact between frontier defense units of the
People's Republic of China and those of a neighboring country, of a temporary
visit at a designated place on the frontier by residents of the border areas of
the two countries and of entry or exit of conveyances and persons of the two
sides, quarantine inspection shall be conducted in line with the agreements
between China and the other country or, in the absence of such an agreement, in
accordance with the relevant regulations of the Chinese Government.
Article 26. Frontier health and quarantine offices shall charge for health and
quarantine services according to state regulations.
Article 27. This Law shall go into effect on May 1, 1987. On the same day, the Frontier Health and Quarantine Regulations of the
People's Republic of China promulgated on December 23, 1957, shall
be invalidated.