Laws of the People's Republic of China

State General Administration of Quality Supervision, Inspection and Quarantine

Order of the State Administration of Quality Supervision, Inspection and Quarantine

No. 57

The Regulation on the Urgent Handling of the Entry-Exit Inspection and Quarantine of Frontier and Port Public Health Emergencies was deliberated and adopted at the executive meeting of the State Administrative of Quality Supervision on September 28th, 2003. It is hereby promulgated and shall come into force as of the date of promulgation.

State General Administration of Quality Supervision, Inspection and Quarantine

November 7th, 2003

Regulation on the Urgent Handling of the Entry-Exit Inspection and Quarantine of Frontier and Port Public Health Emergencies

Chapter I General Provisions

Article 1

In order to effectively prevent, lessen, control and eliminate the harm of public health emergencies in good time, to safeguard the physical health of the persons on entry or exit and the general public of the frontiers and ports, and to maintain the normal social order at the frontiers and ports, the present Regulation is formulated pursuant to the Frontier Health Quarantine Law of the People's Republic of China, its implementation rules and the Regulation on the Urgent Handling of Public Health Emergencies.

Article 2

"Public health emergencies" as mentioned in the present Regulation (hereinafter referred to as "emergencies") refers to the outbreak of a serious contagious disease, colonial disease of unknown causes, serious food poisoning that has caused or may cause severe effect on the health of the persons on entry or exit and the general public at the ports and frontiers, and to other incidents that severely affect the health of the general public, including:

(1)

Rat plague, cholera, yellow fever, inhalational anthrax, severe acute respiratory syndrome;

(2)

The outbreak or prevailing of a contagious disease in Categories B and C in rather large scale, or the situation that several persons die of such a disease;

(3)

The occurrence of the epidemic situation of a rare disease or a disease that the state has ever declared eliminated;

(4)

Loss of a contagious disease bacteria or virus spawns;

(5)

The occurrence of a colonial disease with similar clinical features of unknown cause which is spreading or may spread;

(6)

10 persons or more are poisoned or die of poison;

(7)

Emergencies taking place at home or abroad that may endanger the frontiers and ports.

Article 3

The present Regulation shall apply to the urgent handling of the emergencies in relation to the frontiers, ports, persons on entry or exit, means of transport, goods, containers, luggage and post parcels, etc.

Article 4

In the urgent handling of the entry-exit inspection and quarantine of a frontier and port emergency, one shall comply with the policy of focusing on the prophylaxis and being always on the alert, and carry out the principles of unified leadership, level-to-level responsibilities, timely responses, definite measures, depending on science and strengthening cooperation.

Article 5

Inspection and quarantine institutions at all levels shall commend and award the persons who make outstanding contributions in the urgent handling of entry-exit inspection and quarantine of frontier and port emergencies.

Chapter II Organization and Control

Article 6

The State Administration of Quality Supervision, Inspection and Quarantine (hereinafter referred to as the SAQSIQ), the entry-exit inspection and quarantine bureaus of all places directly under it and their branches shall form a command body for urgent handling of the entry-exit inspection and quarantine of frontier and port emergencies.

Article 7

The SAQSIQ shall coordinate and control the overall command body for urgent handling of the entry-exit inspection and quarantine of frontier and port emergencies and shall perform the following functions:

(1)

Studying and formulating the plan on the urgent handling of the entry-exit inspection and quarantine of frontier and port emergencies;

(2)

Commanding and coordinating the inspection and quarantine institutions to earnestly perform in the urgent handling of the entry-exit inspection and quarantine of frontier and port emergencies, as well as organizing and bringing the technical force and relevant resources into play;

(3)

Checking and guiding the performances of the inspection and quarantine institutions in the urgent handling of the emergencies, and supervising the implementation of all urgent handling measures;

(4)

Coordinating the relationship between it and the relevant administrative departments of the state, and establishing necessary urgent coordination and contact mechanism;

(5)

Making collection, arrangement, analysis and reporting to the higher level the relevant information and the variations of the situation, and offering advice and proposals for the state to make resolutions; transmitting all relevant orders of the organs of higher levels to the inspection and quarantine institutions of all levels, and making arrangements for the implementation of such orders;

(6)

Encouraging, supporting, and coordinating to carry out international communication and cooperation of relevant technologies concerning the monitoring, pre-warning, response and handling of entry-exit inspection and quarantine of frontier and port emergencies.

The SAQSIQ shall establish an expert consultation team for the urgent handling of entry-exit inspection and quarantine of frontier and port emergencies, which shall offer professional consultation services, technical guides on the urgent handling, and offer proposals and advice for making urgent resolutions.

Article 8

An inspection and quarantine bureau directly under the SAQSIQ shall be liable for the urgent handling of the entry-exit inspection and quarantine of frontier and port emergencies within its administrative area and shall carry out the following functions:

(1)

Organizing and implementing the emergency plan on the handling of the entry-exit inspection and quarantine of frontier and port emergencies within its administrative area;

(2)

Mobilizing the force and resources of the inspection and quarantine institutions within its administrative area, and implementing urgent measures;

(3)

Reporting the urgent handling information to the SAQSIQ in good time and putting forward work proposals;

(4)

Coordinating the relationship with the local people's government and its administrative department of health, the administrative department of the port, the customs, the departments of frontier inspection and other relevant departments, etc.

An inspection and quarantine bureau directly under the SAQSIQ shall establish a professional technical institution for the urgent handling of entry-exit inspection and quarantine of frontier and port emergencies, which shall undertake relevant work.

Article 9

A branch shall perform the following functions:

(1)

Organizing and establishing an on-the-spot command department for the urgent handling of entry-exit inspection and quarantine of emergencies, and organizing and implementing urgent measures on the spot in good time according to the specific situation;

(2)

Implementing urgent measures on the spot in conjunction with the professional technical institution of the entry-exit inspection and quarantine of emergencies of the inspection and quarantine bureau directly under the SAQSIQ;

(3)

Strengthening the communication and cooperation between it and the local people's government and other relevant departments.

Chapter III Preparations for Emergencies

Article 10

The SAQSIQ shall formulate the national plan for the handling of entry-exit inspection and quarantine of frontier and port emergencies in accordance with the requirements of the Regulation on the Urgent Handling of Public Health Emergencies.

In light of the national plan for the handling of entry-exit inspection and quarantine of frontier and port emergencies, the inspection and quarantine institutions of all levels shall develop their own plans for the handling of entry-exit inspection and quarantine of frontier and port emergencies by taking the actual situation of the local ports into consideration, and each shall report to the institution of the higher level and the local government for archival purposes.

Article 11

The inspection and quarantine institutions of all levels shall implement regular trainings of relevant urgent treatment skills of entry-exit inspection and quarantine of frontier and port emergencies, and shall organize drills of urgent handling of entry-exit inspection and quarantine of frontier and port emergencies and popularize advanced technologies.

Article 12

The inspection and quarantine institutions of all levels shall, in accordance with the requirements of the plan on the urgent handling of entry-exit inspection and quarantine of frontier and port emergencies, guarantee the preparation and reservation of personnel, facilities, equipment, prophylaxis medicines, appliances and other resources for emergencies, so as to enhance the capacity of handling emergencies.

Article 13

The inspection and quarantine institutions shall carry out the publicity education of handling emergencies, and shall strengthen the prophylaxis awareness of emergencies and promote the treatment ability.

Chapter IV Report and Notice

Article 14

The SAQSIQ shall formulate rules on the urgent handling of entry-exit inspection and quarantine of port and frontier emergencies, shall establish a system for the report of the information in relation to the serious and emergent situation of any contagious disease.

When either circumstance as listed in Article 2 of the present Regulation occurs, the inspection and quarantine bureau directly under the SAQSIQ shall report to the SAQSIQ within 1 hour after receiving such report, and shall report to the local government simultaneously.

With regard to any emergency that may result in serious social consequences, the SAQSIQ shall report to the State Council in good time.

Article 15

An inspection and quarantine branch shall, when it learns of the occurrence of either circumstance as listed in Article 2 of the present Regulation, report to the inspection and quarantine bureau directly under the SAQSIQ and simultaneously report to the local government.

Article 16

The SAQSIQ and the inspection and quarantine institutions shall designate special persons to take charge of the communication of information and circulate a notice about the name list of the relevant personnel within their respective administrative area.

Article 17

Any relevant frontier and port entity and individual shall, where it / he finds either circumstance as listed in Article 2 of the present Regulation, in time and faithfully report to the local port inspection and quarantine institution. No one may conceal or delay the report or make false reports or hint any other to conceal or delay the report or make false reports.

Article 18

An inspection and quarantine institution that receives a report shall, according to the present Regulation, assign persons to investigate into, verify and corroborate the reported items, take necessary measures and report relevant information of investigation in time.

Article 19

The SAQSIQ shall inform the relevant departments of the State Council and the inspection and quarantine bureaus directly under the SAQSIQ of the developing status of an emergency by circulating notices.

After having received a notice, each inspection and quarantine institution directly under the SAQSIQ shall notify the relevant branches within their respective administrative area.

Article 20

The SAQSIQ shall establish a fast response information network system for the pre-warning of risks of entry-exit inspection and quarantine of emergencies.

The inspection and quarantine institutions of all levels shall be liable for reporting the emergencies found by them to the higher levels in good time through the network system, and the SAQSIQ shall in time circulate notices through the network system.

Chapter V Urgent Handling

Article 21

When an emergency occurs, the following on-the-spot urgent control measures shall be taken by the inspection and quarantine institution of the venue upon approval of the institution of a higher level:

(1)

Conducting temporary control on the spot, and controlling the entry and exit of persons; under the serious epidemic situation suspected of a human and animal disease, prohibiting patients and suspected patients from contacting the fragile animals;

(2)

Conducting medical observation or temporary isolated check-up on the relevant persons on the spot;

(3)

Taking control measures on the means of transport, cargos, containers, luggage and post parcels on entry or exit, to bar any transference;

(4)

Sealing up and preserving the equipment, materials and articles that may cause an emergency or the spread of an emergency,

(5)

Taking urgent health measures.

Article 22

An inspection and quarantine institutions shall organize experts to make epidemiological investigations into the emergency, conduct on-the-spot monitoring and examination, determine the seriousness of the harm, make preliminary judgment on the type of the emergency and put forward proposals on the initiation of the plan on the urgent handling of entry-exit inspection and quarantine of frontier and port emergencies.

Article 23

The implementation of the plan on the urgent handling of entry-exit inspection and quarantine of frontier and port emergencies of the SAQSIQ shall be subject to the approval of the State Council. The initiation of the plan on the urgent handling of entry-exit inspection and quarantine of frontier and port emergencies of any of the inspection and quarantine institutions of any level shall be subject to the approval of the higher level and be reported to the local government at the same time.

Article 24

The professional technical institution for the urgent handling of entry-exit inspection and quarantine of the frontier and port emergencies established by an inspection and quarantine bureau directly under the SAQSIQ shall conduct technical investigations into, corroborate, dispose of, control and appraise the emergencies.

Article 25

According to the need of urgent handing of an emergency, the command body for urgent handling of the entry-exit inspection and quarantine of frontier and port emergencies shall be empowered to assemble the personnel of entry-exit inspection and quarantine, reserved materials, means of transport and pertinent facilities and equipment. If it is necessary, the SAQSIQ may, according to Article 6 of the Frontier Health Quarantine Law of the People's Republic of China, submit an opinion to the State Council for approval of ordering to close the pertinent frontiers or to take other urgent measures.

Article 26

The personnel who participate in the urgent handling of the inspection and quarantine of the frontier and port emergencies shall, according to the requirements in the plan, take health quarantine prophylaxis measures and carry out their work under the guidance of professionals.

Article 27

In case of finding any patient or suspected patient of a contagious disease on a means of transport, the responsible person shall report to the local port inspection and quarantine institution as soon as possible. The inspection and quarantine institution shall organize relevant personnel to take corresponding health quarantine measures as soon as it receives such report.

As for those who have close contacts with the patients of a contagious disease on the means of transport, they shall be subject to a medical check-up or observation, or against whom control measures shall be taken pursuant to the health quarantine law and the administrative law and regulation.

Article 28

The inspection and quarantine institution shall conduct necessary examination and check-up on the persons under temporary medical check-up or isolation and note down in detail pursuant to relevant provisions. As for any patient necessary to be transferred, it shall in time transfer the patient to the relevant department or institution for treatment.

Article 29

In the case of an emergency, the patients, suspected patients and the persons who have close contacts with the contagious patients under medical check-up, on-site diagnosis and check-up, isolation treatment or health quarantine observation shall cooperate with the inspection and quarantine institutions when they take heath quarantine measures.

Chapter VI Legal Liabilities

Article 30

In handling the entry-exit inspection and quarantine of frontier and port emergencies, the relevant port entities or individuals under any of the following circumstances shall, according to the relevant law and regulation, be given a warning or be imposed on a fine. If any crime is constituted, the offenders shall be subject to criminal liabilities in accordance with the law.

(1)

Concealing or delaying the report or making false reports of emergencies to the inspection and quarantine institutions;

(2)

Refusing the inspection and quarantine institution to enter into the site of an emergency to take urgent measures;

(3)

Impeding the handling personnel of an inspection and quarantine institution to perform their duties in the form of violence or by other means.

Article 31

As for any inspection and quarantine institution that fails to exercise its duty of report in accordance with the present Regulation, or conceals or delays the report or makes false reports of relevant information of an emergency or hints any other person to conceal, delay or make false reports, the primary responsible persons and other direct responsible persons shall be given an administrative punishment. If any crime is constituted, the offenders shall be subject to criminal liabilities in accordance with the law.

Article 32

When an emergency occurs, if an inspection and quarantine institution refuses to accept the uniform command of the inspection and quarantine institutions of higher levels, misses the good time to take urgent measures or in violation of the requirements in the plan, refuses the command of the inspection and quarantine institutions of higher levels on the uniform assembling of personnel and materials, the entity shall be criticized by circulating a notice. If any serious consequence is caused, the primary responsible persons and other direct responsible persons shall be given an administrative punishment. If any crime is constituted, the offenders shall be subject to criminal liabilities in accordance with the law.

Article 33

When an emergency occurs, if any of the inspection and quarantine institutions fails to cooperate in the investigation by the higher inspection and quarantine institution or impedes or interferes with the investigation by any other means, it shall be ordered by the higher inspection and quarantine institution to get right, and the primary responsible persons and other responsible persons shall be subject to administrative sanctions. If any crime is constituted, the offenders shall be subject to criminal liabilities in accordance with the law.

Article 34

With regard to the functionaries who abuse their authorities, neglect their duties, or mal-practice for seeking private benefits in the urgent handling of an emergency, the primary responsible persons and other direct responsible persons shall be given an administrative punishment; if any crime is constituted, the offenders shall be subject to the criminal responsibilities in accordance with the law.

Chapter VII Supplementary Provisions

Article 35

The responsibility to interpret the present Regulation shall remain with the SAQSIQ.

Article 36

The present Regulation shall come into force as of the promulgation.