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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II ORGANIZATION AND CONTROL CHAPTER III PREPARATIONS FOR EMERGENCIES CHAPTER IV REPORT AND NOTICE CHAPTER V URGENT HANDLING CHAPTER VI LEGAL LIABILITIES CHAPTER VII SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. In order to effectively prevent, lessen, control and eliminate the harm of public health emergencies in 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 in accordance with 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. The term "public health emergencies" mentioned in the present Regulation (hereafter "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; and (7) Emergencies taking place at home or abroad that may endanger the frontiers and ports. Article 3. The present Regulation shall be applicable to the urgent handling of the emergencies involving the frontiers, ports, persons on entry or exit, means of transport, goods, containers, luggage and post parcels, etc. Article 4. When urgently handling the entry-exit inspection and quarantine of a frontier and port emergency, one shall abide by 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. All levels of inspection and quarantine institutions 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 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 exercise the following functions: (1) To study and formulate the plan on the urgent handling of the entry-exit inspection and quarantine of frontier and port emergencies; (2) To command and coordinate the inspection and quarantine institutions to do a good in the urgent handling of the entry-exit inspection and quarantine of frontier and port emergencies, to organize and to bring the technical force and relevant resources into play; (3) To check and guide the performances of the inspection and quarantine institutions in the urgent handling of the emergencies, to conduct supervision over the implementation of all urgent handling measures; (4) To coordinate the relationship between it and the relevant administrative departments of the state, to establish necessary urgent coordination and contact mechanism; (5) To collect, arrange, analyze and report to the higher level the relevant information and the variations of the situation, to offer advice and proposals for the state to make resolutions; to transmit all relevant orders of the organs of higher levels to the inspection and quarantine institutions of all levels, and make arrangements for the implementation of such orders; and (6) To encourage, support, coordinate and 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 a 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 raise proposals and advice for making urgent decisions. Article 8. An inspection and quarantine bureau directly under the SAQSIQ shall be responsible for the urgent handling of the entry-exit inspection and quarantine of frontier and port emergencies within its administrative area and shall exercise the following functions: (1) To organize and implement the emergency plan on the handling of the entry-exit inspection and quarantine of frontier and port emergencies within its administrative area; (2) To bring the force and resources of the inspection and quarantine institutions within its administrative area, and to implement urgent measures; (3) To report the urgent handling information to the SAQSIQ in time and put forward work proposals; and (4) To coordinate 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, 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 exercise the following functions: (1) To organize and establish an on-the-spot command department for the urgent handling of entry-exit inspection and quarantine of emergencies, to organize and implement urgent measures on the spot in time in light of the specific situation; (2) To implement urgent measures on the spot jointly with the professional technical institution of the entry-exit inspection and quarantine of emergencies of the inspection and quarantine bureau directly under the SAQSIQ; and (3) To strengthen 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, in accordance with the requirements of the Regulation on the Urgent Handling of Public Health Emergencies, formulate the national plan for the handling of entry-exit inspection and quarantine of frontier and port emergencies. According to 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 carry out regular trainings of relevant urgent treatment skills of entry-exit inspection and quarantine of frontier and port emergencies, 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, and shall enhance the capacity of handling emergencies. Article 13. The inspection and quarantine institutions shall carry out the publicity education of handling emergencies, shall intensify 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, establish a system for the report of the information relating to the serious and emergent situation of any contagious disease. When either circumstance 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 it receives such report, and shall report to the local government simultaneously. As for any emergency that may result in serious social consequences, the SAQSIQ shall report to the State Council in time. Article 15. When an inspection and quarantine branch learns of the occurrence of either circumstance listed in Article 2 of the present Regulation, it shall 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. Where any relevant frontier and port entity and individual finds either circumstance listed in Article 2 of the present Regulation, it / he shall timely 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, in accordance with 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 notify the relevant departments of the State Council and the inspection and quarantine bureaus directly under the SAQSIQ of the status of an emergency by circulating notices. After having received a notice, each inspection and quarantine institution directly under the SAQSIQ shall inform 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 responsible for reporting the emergencies found by them to the higher levels in time through the network system, the SAQSIQ shall timely 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) To conduct temporary control on the spot, to control the entry and exit of persons; under the serious epidemic situation suspected of a human and animal disease, to prohibit patients and suspected patients to contact the fragile animals; (2) To conduct medical observation or temporary isolated check-up on the relevant persons on the spot; (3) To take control measures on the means of transport, cargos, containers, luggage and post parcels on entry or exit, to bar any transference; (4) To seal up and preserve the equipment, materials and articles that may cause an emergency or the spread of an emergency; and (5) To take 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. 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 institution bureau directly under the SAQSIQ shall conduct technical investigations into, corroborate, dispose of, control and appraise the emergencies. Article 25. In 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 entry-exit inspection and quarantine personnel, reserved materials, means of transport and pertinent facilities and equipment. Where necessary, the SAQSIQ may, in accordance with 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, in accordance with 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 person-in-charge 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. With regard to 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 in accordance with 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 according to relevant regulation. With regard to any patient necessary to be transferred, it shall timely transfer the patient to the relevant department or institution for treatment. Article 29. In the event 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, in accordance with pertinent law and regulation, be given a warning or be imposed on a fine. If any crime is constituted, they shall be subject to criminal liabilities. (1) To conceal or delay the report or make false reports of emergencies to the inspection and quarantine institutions; (2) To refuse the inspection and quarantine institution to enter into the site of an emergency to take urgent measures; or (3) To obstruct the handling personnel of an inspection and quarantine institution to exercise their duties through violence or by other means. Article 31. With regard to any inspection and quarantine institution that fails to perform its duty of report according to 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 major persons-in-charge and other direct liable persons shall be given an administrative sanction. If any crime is constituted, they shall be subject to criminal liabilities. 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 major persons-in-charge and other direct liable persons shall be given an administrative sanction. If any crime is constituted, they shall be subject to criminal liabilities. 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 obstructs or interferes with the investigation by any other means, it shall be ordered by the higher inspection and quarantine institution to set right, and the major persons-in-charge and other liable persons shall be subject to administrative sanctions. If any crime is constituted, they shall be subject to criminal liabilities. Article 34. As for the functionaries who abuse their authorities, neglect their duties, or mal-practice for seeking private benefits in the urgent handling of an emergency, the major persons-in-charge and other direct liable persons shall be given an administrative sanction; if any crime is constituted, they shall be subject to the criminal responsibilities in accordance with the law. CHAPTER VII SUPPLEMENTARY PROVISIONS Article 35. The power to interpret the present Regulation shall remain with the SAQSIQ. Article 36. The present Regulation shall be implemented as of the date of promulgation. |
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