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Legal Preparedness for Responding to Disasters and Communicable Disease Emergencies in Vietnam

Legal Preparedness for Responding to Disasters and Communicable Disease Emergencies in Vietnam. REPORT OF LEGAL RESEARCH TEAM. Disaster. Communicable diseases. Communicable diseases. Institutional arrangements, coordination of relief and information exchange

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Legal Preparedness for Responding to Disasters and Communicable Disease Emergencies in Vietnam

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  1. Legal Preparedness for Responding to Disasters and Communicable Disease Emergencies in Vietnam REPORT OF LEGAL RESEARCH TEAM

  2. Disaster Communicable diseases Communicable diseases • Institutional arrangements, coordination of relief and information exchange • Role of civil society organisations • Early warning and surveillance • Requests for external assistance • Customs arrangements • Transport • Tax, currency exchange and charges • Additional facilities and measures • Legal status of foreign entities providing assistance • Management of international travellers and personnel • Freedom of access and security • Accountability and transparency • Vietnam as a transit or sending state for int’l assistance

  3. Theoretical aspects Legal documents collection and analysis in light of key international and regional agreements Practical aspects Consultations with key actors (government and non-government) Consultations during workshops and meetings METHODOLOGY

  4. OVERVIEW OF VIETNAM’S LEGAL FRAMEWORK DISASTER PREPAREDNESS AND RESPONSE Floods and Storms Radiation Incidents DISPERSED Earthquake Tsunami Forest Destruction Accidents (Air & Ocean) Fire It is recommended to adopt a Law on disaster management

  5. OVERVIEW OF VIETNAM’S LEGAL FRAMEWORK COMMUNICABLE DISEASES PREPAREDNESS AND RESPONSE Some lacks of clarity will be mentioned in Specific sectors analysis

  6. 1. INSTITUTIONAL ARRANGEMENTS, COORDINATION RELIEF AND INFORMATION EXCHANGE DISASTER PREPAREDNESS AND RESPONSE Too many governmental actors, of whose the tasks are defined in a vague manner Too many mechanisms and structures Current institutional system Lack of well defined communication between Competent actors Lack of clear and stable mechanism for funding And financial management Unclear provisions on incentives and penalties

  7. 1. INSTITUTIONAL ARRANGEMENTS, COORDINATION RELIEF AND INFORMATION EXCHANGE (cont) DISASTER PREPAREDNESS AND RESPONSE Designate a unique National Committee for Disaster management directly responsible before The Prime Minister Decision Making Policy planning Law on disaster management should Responsible for International Cooperation Database management Adequate allocation of funding from the national budget A well defined mechanism of financial management Clear mechanism for the coordination of non-government and international assistance

  8. 1. INSTITUTIONAL ARRANGEMENTS, COORDINATION RELIEF AND INFORMATION EXCHANGE (cont) COMMUNICABLE DISEASES PREPAREDNESS AND RESPONSE Inactive National Focal Point Lack of procedures for Needs and impacts assessment The 2007 Law on Prevention and Control of Infectious Diseases Lack of formal procedures for International coordination Overdated provisions on border quarantine

  9. 1. INSTITUTIONAL ARRANGEMENTS, COORDINATION RELIEF AND INFORMATION EXCHANGE (cont) RECOMMENDATIONS Adopt a regulation on structure and functions of the National Focal Point Charged with coordination with public institutions The 2007 Law on Prevention and Control of Infectious Diseases Establish a Fund for communicable Diseases control, prevention and combat Adopt new Decree on Border Medical Quarantine In conformity with 2005 IHR Designate a unique agency assuring Communication with NGO (VNRC recommended)

  10. 2. EARLY WARNING AND SURVEILLANCE DISASTER PREPAREDNESS AND RESPONSE Too many entities involved in early warning and the determination of needs for disaster declaration Current institutional system Too many system of early warning and declaration Lack of clear timeline for early warning and declaration Lack of clarity surrounding the process of officially declaring a disaster situation

  11. 2. EARLY WARNING AND SURVEILLANCE (cont) RECOMMENDATIONS Establish a uniform disaster early warning and declaration system Provide for exclusive authority of the National Committee for Disaster Management to determine the need for launching disaster announcement based on well defined criteria, and to declare a disaster after authorisation of the Primer Minister Law on disaster management should Include, where possible, time indicators for communicating early warning information Establish criteria and an expeditious process for the public declaration of different levels of disaster

  12. 2. EARLY WARNING AND SURVEILLANCE (cont) COMMUNICABLE DISEASES PREPAREDNESS AND RESPONSE Lack of procedures for notification of communicable diseases to international partners The 2007 Law on Communicable Diseases Prevention and Combat Lack of detailed provisions on notification of communicable diseases from Quarantine Agencies

  13. 2. EARLY WARNING AND SURVEILLANCE (cont) RECOMMENDATIONS a National Focal Point should be established to ensure the information flow, surveillance and notification of health emergencies outbreaks The 2007 Law on Prevention and Control of Infectious Diseases To ensure notification and communication to international entities on communicable diseases Precise the timeline for communicating information Provisions on notification of communicable diseases by Quarantine Agencies should be added in the new Decree on Border Medical Quarantine

  14. 3. ROLE OF CIVIL SOCIETY ORGANISATIONS KEY FINDINGS • Except for the Red Cross Society, the Law does not clearly identify other civil society organisations able to legally participate in activities governed by this Law • The Law does not establish a clear mechanism for the coordination between VNRC and international relief. • The Law does not define an agency to assume uniform management of RC activities

  15. 3. ROLE OF CIVIL SOCIETY ORGANISATIONS (cont) RECOMMENDATIONS • Give a definition of “civil society organisations” or at least, give a list of organisations legally recognized to taking part in disaster and health emergency preparedness and response • Designate an agency to assume uniform management and coordination of these organisations’ activities in disaster and health emergency preparedness and response • Establish a clear mechanism for the coordination between national and international relief

  16. 4.REQUEST FOR EXTERNAL ASSISTANCE DISASTER PREPAREDNESS AND RESPONSE when natural disasters, fires, dangerous diseases or serious incidents occur which result in serious consequences in or great loss of life and properties Requests for international assistance may be made After there has been a declaration on state emergency On a case by case basis Besides, acceptance of foreign offers provided for only on one occasion, which is during coordinated maritime search and rescue.

  17. 4.REQUEST FOR EXTERNAL ASSISTANCE DISASTER PREPAREDNESS AND RESPONSE There are no specific provisions about contacting OCHA/ERC for help Contacting international organisations in times of disasters The RC of Vietnam shall make requests for donations through the RC system domestically and internationally The mobilization of NGO aid shall be determined by the Ministry of Foreign Affairs, concerned agencies and the Prime Minister

  18. 4.REQUEST FOR EXTERNAL ASSISTANCE DISASTER PREPAREDNESS AND RESPONSE No specific provisions about contacting the ASEAN Committee on Disaster Management (ACDM) in relevant laws of Vietnam Regional arrangements Vietnam has signed of the ASEAN Agreement on Disaster Management and Emergency Response. However, this agreement has yet to come into force as it has not been ratified by all ASEAN Member Countries

  19. 4.REQUEST FOR EXTERNAL ASSISTANCE COMMUNICABLE DISEASES REPAREDNESS AND RESPONSE Does not have specific provisions concerning the state’s support of WHO-coordinated response activities in case the WHO requests this The 2007 Law on Prevention and Control of Infectious Diseases Despite the absence of a specific legal framework, in practice, the Government has been very responsive of WHO-coordinated activities by supporting the WHO if any suggestions or recommendations are made by the latter.

  20. 4.REQUEST FOR EXTERNAL ASSISTANCE RECOMMENDATIONS • The guidelines for the management and response should be incorporated and institutionalized into one specific instrument so as to be clear and easy to follow. • Specific details about requests for external assistance should be included such as the criteria, timeline the amount or types of aid, supplies or goods needed. • Specific bodies or institutions responsible for requesting external assistance and their roles and responsibilities should be made clear. • Specific arrangements with international and regional bodies and organizations responsible for disaster management and emergency response should be included.

  21. 5.CUSTOMS ARRANGEMENTS FOR THE ARRIVAL OF RELIEF GOODS IN DISASTERS Simplified paperwork requirements for non-commercial goods Waivers of custom duties, tariffs and fees Customs law provides No provision on reduction of import, transit, or export restrictions in disaster settings Priority clearance for relief goods and equipment and reduction of inspection requirements No provision on re-exportation of equipment and unused goods or other disposition of unused humanitarian goods

  22. 5.CUSTOMS ARRANGEMENTS FOR THE ARRIVAL OF RELIEF GOODS IN DISASTERS Speedy licensing or waiver of license requirements and exceptions to import/export restrictions for communication equipment in disasters Humanitarian food is not the subject to control at entry port Other laws provides Permit for limited number of un-registered medicines to import for urgent needs No special provisions for importation and registration of foreign vehicles for relief and recovery work No exceptional provisions for quarantine of rescue dogs

  23. 5.CUSTOMS RECOMMENDATIONS Speedy licensing or waiver of license requirements and exceptions to import/export restrictions for communication equipment in disasters Clearance outside normal business hours and at outside of customs offices for goods in service of emergency Customs law should provide Regulations concerning reduction of import, transit or export restrictions during disasters Regulations for re-exportation of equipment and unused goods imported in service of emergency requirements Measures for other disposition of unused humanitarian goods

  24. 5.CUSTOMS RECOMMENDATIONS Procedures for importation and registration of foreign vehicles for relief and recovery work in Vietnam Other laws should provide Exceptional quarantine procedures for rescue dogs

  25. 5.CUSTOMS ARRANGEMENTS FOR COMMUNICABLE DISEASE EMERGENCIES Monitoring baggage, cargo, containers, conveyances, goods, postal parcels and human remains departing and arriving from affected areas The 2007 Law on Prevention and Control of Infectious Diseases, the law on animal and plant quarantine designate competent authorities responsible for Supervision of decontamination and sanitary measures Ensuring that facilities used by travellers at points of entry are maintained free of sources of infection Conducting inspections and medical examinations

  26. 5.CUSTOMS ARRANGEMENTS FOR COMMUNICABLE DISEASE EMERGENCIES Supervising the removal and safe disposal of any contaminated matter from a conveyance The 2007 Law on Prevention and Control of Infectious Diseases, the law on animal and plant quarantine do not designate competent authorities responsible for Monitoring and controlling the discharge by ships of potentially disease-causing matter by waterways Making effective contingency arrangements to deal with an unexpected public health events

  27. 5.CUSTOMS ARRANGEMENTS FOR COMMUNICABLE DISEASE EMERGENCIES Competent authority to disinfect the affected conveyances. These measures are consistent with the IHR Supervising the implementation of disinfection measures. The quarantine law applied to affected conveyances provides for The affected conveyance may nevertheless be allowed to depart under some conditions

  28. 5.CUSTOMS ARRANGEMENTS FOR COMMUNICABLE DISEASE EMERGENCIES When is a conveyance considered to be affected or disaffected by a public health risk The application of materials for quarantine advised by WHO The quarantine law applied to affected conveyances does not provide for Decide the technique employed to secure an adequate level of control of the public health risk Affected conveyances to take on fuel, water, food and supplies under the supervision of the competent authority Quarantine measures applied for containers and loading areas

  29. 5.CUSTOMS RECOMMENDATIONS Fill in the gaps identified above Require medical handling measures should be applied so as not to cause any harms to people's health on board the transport means, luggages and goods. The quarantine law should Require decontamination and sanitary procedures to be carried out so as to avoid causing damage to the environment Complete regulations concerning communicating with National IHR Focal Point on public health measures taken pursuant to the IHR

  30. 6. TRANSPORT DURING DISASTERS Exceptions and exemptions for aircrafts, land road vehicles and sea vessels bearing relief goods: waiver of traffic tolls, service fees and other charges Speedy passage of relief vehicles to meet the average requirements of the IDRL guidelines Laws on transportation provide An insurance for all vehicles circulating within the territory of VN for the validity of 1 years Foreigners staying in or visiting Vietnam can exchange their driving license in accordance to the formalities and procedures provided by the law.

  31. 6. TRANSPORT RECOMMENDATIONS made no changes since the legal framework for transportation of relief goods in Vietnam is consistent with the IDRL guidelines. Laws on transportation should

  32. 6.TRANSPORT DURING COMMUNICABLE DISEASES Facilitations for arrival of ships and aircraft at points of entry during a communicable disease emergency in general Special provisions for aircrafts Laws on transportation provide No special provision for conveyance operators No special provision for sea vessels, except for some health declaration forms which are compatible to WHO’s guidlines

  33. 6.TRANSPORT RECOMMENDATIONS Provide regulations on reviewing the implemented measures as well as the coordination with the WHO Provide special provision for conveyance operators Laws on transportation should Provide special provision for conveyance operators Requiring border quarantine bodies to follow the technical requirements in Annex 4 Section A and does not provide for the State’s application of the specific measures in Annex 4 Section B and Annex 5 of the IHR.

  34. 7. TAX, CURRENCY EXCHANGE AND CHARGES TAX EXEMPTION FOR DISASTER RELIEF ACTIVITIES Exemption from special consumption tax, VAT and import/export tax for goods and services used for humanitarian activities Exemption from corporate income tax and personal income tax for humanitarian organizations and personnel providing disaster relief The law on taxation and currency exchange provides Exemption from income tax and/or import, export tax and/or special consumption tax, income tax and vehicles registration fees for other individuals which participate in providing disaster relief Freely bringing currencies in and out of the country for operations and accessing to reasonable & preferential exchange rate for humanitarian organizations.

  35. 7. TAX, CURRENCY EXCHANGE AND CHARGES RECOMMENDATIONS made no changes since all of these provisions are consistent with the requirements set forth in the IDRL Guidelines. Laws on taxation and currency exchange should

  36. 7. TAX, CURRENCY EXCHANGE AND CHARGES CHARGES FOR HEALTH PROTECTION MEASURES Travellers subject to health protection measures have to pay border medical quarantine (i.e. medical examination, vaccination, etc…). The law requires In reason of financial deficiency, many suspected infected person which had been isolated had to pay fees for their medical test in the time of SARS, H5N1 and H1N1 epidemics. The impose of only one nationwide tariff, in respect of both travellers, vehicles and goods, and without distinction of their nationality or their residence status.

  37. 7. TAX, CURRENCY EXCHANGE AND CHARGES RECOMMENDATIONS Revise the provisions in existing law relating to charges for health measures to comply with the requirements of Arts. 40(1) and (2) of the IHR Ministry of Finance and Ministry of Health should Ensure that financial deficiency would not constitute a barrier to improve Vietnam’s legal framework on this issue Facilitate WHO in providing technical and financial support to the country in the time of disease.

  38. 8. ADDITIONAL FACILITIES AND MEASURES ADDITIONAL FACILITIES FOR INTERNATIONAL DISASTER RELIEF Extended opening hours for key governmental offices/service necessary for international relief National laws, policies or plants provide for Free or reduced price facilities for relief providers

  39. 8. ADDITIONAL FACILITIES AND MEASURES RECOMMENDATIONS made no changes since all of these provisions are consistent with the requirements set forth in the IDRL Guidelines. The law should

  40. 8. ADDITIONAL FACILITIES AND MEASURES ADDITIONAL MEASURES FOR COMMUNICABLE DISEASES CONTROL No health measure will be applied to persons or goods in transit without transhipment Draft of Decree on Border Medicine Quarantine Provides that Health declaration must be applied to entry, exit and transit persons, except for person in transit without transhipment Health declaration must be applied to goods, except for goods in transit without transhipment

  41. 8. ADDITIONAL FACILITIES AND MEASURES RECOMMENDATIONS made no changes since all of these provisions are consistent with the requirements set forth in the 2005 IHR. The law should

  42. 9. LEGAL STATUS OF FOREIGN ENTITIES PROVIDING ASSISTANCE KEY FINDINGS • Specific procedures for recognizing the international P & I of diplomatic and consular officials in place • P & I provided in Vietnam’s domestic laws match those of the Vienna Conventions • No specific procedures for recognizing the international P & I of international organizations and relevant regional organizations. • Referring to the Agreements on P & I signed between Vietnam and international organizations.

  43. 9. LEGAL STATUS OF FOREIGN ENTITIES PROVIDING ASSISTANCE KEY FINDINGS • A general system for the registration of international nongovernmental organizations including international disaster relief ones in place • The laws specifically provide for means to facilitate and regulate foreign assistance from private sector or individual sources

  44. 9. LEGAL STATUS OF FOREIGN ENTITIES PROVIDING ASSISTANCE RECOMMENDATIONS The law should provide for fast-track procedures for humanitarian organizations to operate in Vietnam in times of emergency Speedy and special registration or even unregistered situation Unregistered organizations should be authorized to open bank accounts, sign contracts and leases, hire local personnel, obtain visas for foreign personnel, acquire and dispose of property and initiate legal proceeding However, the law also should provide for simplified procedure for verifying the status and motives of such organizations before and during disaster operation.

  45. 9. LEGAL STATUS OF FOREIGN ENTITIES PROVIDING ASSISTANCE RECOMMENDATIONS The Committee for Foreign Non-Governmental Organization should be responsible for deciding cases of special registration or without registration in times of emergency. The Committee for Foreign Non-Governmental Organization should compile the data of humanitarian organizations or verify the dossiers of those organizations operating in Vietnam before to prepare for the fast-track procedures.

  46. 9. LEGAL STATUS OF FOREIGN ENTITIES PROVIDING ASSISTANCE RECOMMENDATIONS Government sign agreements with humanitarian international organizations covered issues of coordination with government officials, freedom of movement within the country and waiver or reduction of customs duties, and issues of the entry of foreign personnel… in advance of disaster operations. Vietnam and the International Federation should sign the agreements to make its legal status in Vietnam clear and to attain the same P & I in Vietnam as the UN and UN agencies Within ASEAN, on July 26, 2005, at the occasion of the 38th ASEAN Ministerial Meeting on 26 July 2005 in Vientiane, Lao PDR, all 10 ASEAN members signed the ASEAN Agreement on Disaster Management and Emergency Response (AADMER). Vietnam should ratify this Agreement to facilitate ASEAN disaster relief.

  47. 10. MANAGEMENT OF INTERNATIONAL TRAVELLERS AND PERSONNEL DURING A COMMUNICABLE DISEASE EMERGENCY – KEY FINDINGS All fundamental HRs and freedoms of travellers indicated in International conventions are protected No additional health documents required on arrival/departure of travellers, except for public health purposes. The law provides Additional health measures including observation, isolation may be conducted to achieve the objective of preventing the international spread of disease. Travellers in possession of valid health certificates shall not be denied entry as a consequence of the disease to which the certificate refers.

  48. 10. MANAGEMENT OF INTERNATIONAL TRAVELLERS AND PERSONNEL RECOMMENDATIONS Specify prophylaxis measures upon arrival and departure of foreigners to Vietnam to prevent possibility of diseases transmission The law should Add more detail regulations concerning suspect travellers (such as, possibilities to continue their voyage and relevant managing measures) Indicate clearly conditions under which medical examinations and treatments offered for suspect and affected travellers can be conducted.

  49. 10. MANAGEMENT OF INTERNATIONAL TRAVELLERS AND PERSONNEL FOREIGN PERSONNEL DURING A DISASTER – KEY FINDINGS No specific provisions about visas for international disaster relief personnel Vietnamese laws provide Foreigners applying for entry shall be granted visas at Vietnam's international border gates when they enter Through bilateral or multilateral agreement or unilateral decision, Vietnam has waived certain visa requirements for other countries’ nationals

  50. 10. MANAGEMENT OF INTERNATIONAL TRAVELLERS AND PERSONNEL FOREIGN PERSONNEL DURING A DISASTER – KEY FINDINGS Must have a labour permit: foreigners working on a permanent basis in Vietnam Vietnamese laws regulates two different categories of foreign workers No labour permit required: Those entering Vietnam to work for less than three months or to handle emergency cases no specific rules for foreign relief personnel

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