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| Category | PUBLIC HEALTH AND MEDICINE | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1986-12-02 | Effective Date | 1987-05-01 |
|
Frontier Health and Quarantine Law of the People's Republic of China |
|---|
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 Article 1 This Law is formulated in order to prevent infectious diseases Article 2 Frontier health and quarantine offices shall be set up at Health administration departments under the State Council shall be in Article 3 Infectious diseases specified in this Law shall include Quarantinable infectious diseases shall include plague, cholera, yellow Infectious diseases to be monitored shall be determined and announced by Article 4 Persons, conveyances and transport equipment, as well as Article 5 On discovering a quarantinable infectious disease or a disease Messages exchanged between the People's Republic of China and foreign Article 6 When a quarantinable infectious disease is prevalent abroad or Article 7 Persons and conveyances on entering the country shall be Article 8 Persons and conveyances exiting the country shall be subject to Article 9 When foreign ships or airborne vehicles anchor or land at Article 10 When a quarantinable infectious disease, a disease suspected Article 11 According to the results of an inspection made by quarantine Article 12 A person having a quarantinable infectious disease shall be The corpse of anyone who died from a quarantinable infectious disease must Article 13 Any conveyance subject to entry quarantine inspection shall be (1) having come from an area where a quarantinable infectious disease is (2) being contaminated by a quarantinable infectious disease; or (3) revealing the presence of rodents which affect human health or insects Apart from exceptional cases, when the person in charge of the foreign Article 14 A frontier health and quarantine office shall conduct A consignor or an agent for the transportation of a corpse or human Article 15 Frontier health and quarantine offices shall monitor persons Article 16 Frontier health and quarantine offices shall be authorized to Article 17 For persons who suffer from infectious diseases to be Article 18 Frontier health and quarantine offices shall, in accordance (1) supervise and direct concerned personnel on the prevention and (2) inspect and test food and drinking water and facilities for their (3) supervise the health of employees engaged in the supply of food and (4) supervise and inspect the disposal of garbage, waste matter, sewage, Article 19 Frontier health and quarantine offices shall have frontier In performing their duties, frontier port health supervisors shall be Article 20 A frontier health and quarantine office may warn or fine, (1) evading quarantine inspection or withholding the truth in reports to (2) embarking on or disembarking from conveyances upon entry, or loading 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 Article 22 If a quarantinable infectious disease is caused to spread or Article 23 The personnel of frontier health and quarantine offices must Article 24 Where the provisions of this Law differ from those of Article 25 In cases of temporary contact between frontier defence units Article 26 Frontier health and quarantine offices shall charge for health Article 27 The health administration department under the State Council Article 28 This Law shall go into effect on May 1, 1987. On the same day,
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Chapter I General Provisions
from spreading into or out of the country, to carry out frontier health and
quarantine inspection and to protect human health.
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.
charge of frontier health and quarantine work throughout the country.
quarantinable infectious diseases and infectious diseases to be monitored.
fever and other infectious diseases determined and announced by the State
Council.
health administration departments under the State Council.
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.
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.
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.
within China, the State Council may order relevant sections of the border to
be blockaded or adopt other emergency measures.
Chapter II Quarantine Inspection
subject to quarantine inspection at designated places at the first frontier
port of their arrival. Except for harbour 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.
quarantine inspection at the last frontier port of departure.
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.
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.
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.
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 desease.
be cremated at a nearby place.
disinfected, deratted, treated with insecticides or given other sanitation
measures when found to be in any of the following conditions:
epidemic;
which are carriers of disease.
conveyance refuses to allow sanitation measures to be taken, the conveyance
shall be allowed to leave the frentier of the People's Republic of China
without delay under the supervision of the frontier health and quarantine
office.
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.
remains into or out of the country must declare the matter to a frontier
health and quarantine office; transport thereof, in either direction across
the border, shall not be allowed until sanitary inspection proves satisfactory
and an entry or exit permit is given.
Chapter III Monitoring of Infectious Diseases
on entry or exit for quarantinable infectious diseases and shall take
necessary preventive and control measures.
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.
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 of persons possessing medical convenience cards.
Chapter IV Health Supervision
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
elimination of rodents and insects that carry diseases;
storage, supply and delivery;
drinking water and check their health certificates; and
excrement and ballast water.
port health supervisors, who shall carry out the tasks assigned by the
frontier health and quarantine offices.
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 unsatistactory 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
according to the circumstances, any unit or individual that has violated the
provisions of this Law by committing any of the following acts:
the frontier health and quarantine office;
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.
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.
is in great danger of being spread as a result of a violation of the
provisions of this Law, criminal responsibility shall be investigated in
accordance with Article 178 of the Criminal Law of the People's Republic of
China.
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
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.
of the People's Republic of China and those of a neighbouring 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.
and quarantine services according to state regulations.
shall, in accordance with this Law, formulate rules for its implementation,
which shall go into effect after being submitted to and approved by the State
Council.
the Frontier Health and Quarantine Regulations of the People's Republic of
China promulgated on December 23, 1957, shall be invalidated.
URL: http://www.asianlii.org/cn/legis/cen/laws/fhaql304