Disaster Mangement Working Group meeting in 2009 - International Disaster Response Law Presentation from IFRC at the meeting on July 07, 2009

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

4. OVERVIEW OF VIETNAM’S LEGAL FRAMEWORK DISPERSED Floods and Storms Earthquake Tsunami Fire Accidents (Air & Ocean) Radiation Incidents Forest Destruction DISASTER PREPAREDNESS AND RESPONSE 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 Law on Prevention And Control of Infectious Diseases Has already definition and classification of Infectious Disease Has established a comprehensive Legal Framework for prevention and control Infectious diseases Has established a relative overall Institutional Framework for prevention and control Infectious diseases

6. 1. INSTITUTIONAL ARRANGEMENTS, COORDINATION RELIEF AND INFORMATION EXCHANGE DISASTER PREPAREDNESS AND RESPONSE Current institutional system Too many governmental actors, of whose the tasks are defined in a vague manner Too many mechanisms and structures 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 Law on disaster management should Designate a unique National Committee for Disaster management directly responsible before The Prime Minister Decision Making 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 Policy planning Database management Responsible for International Cooperation

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

10. 2. EARLY WARNING AND SURVEILLANCE DISASTER PREPAREDNESS AND RESPONSE Current institutional system Too many entities involved in early warning and the determination of needs for disaster declaration 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 Law on disaster management should 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 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 The 2007 Law on Communicable Diseases Prevention and Combat Lack of procedures for notification of communicable diseases to international partners Lack of detailed provisions on notification of communicable diseases from Quarantine Agencies

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

16. 4.REQUEST FOR EXTERNAL ASSISTANCE DISASTER PREPAREDNESS AND RESPONSE Requests for international assistance may be made when natural disasters, fires, dangerous diseases or serious incidents occur which result in serious consequences in or great loss of life and properties 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 Contacting international organisations in times of disasters There are no specific provisions about contacting OCHA/ERC for help 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 Regional arrangements No specific provisions about contacting the ASEAN Committee on Disaster Management (ACDM) in relevant laws of Vietnam 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 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. The 2007 Law on Prevention and Control of Infectious Diseases

21. 5.CUSTOMS ARRANGEMENTS FOR THE ARRIVAL OF RELIEF GOODS IN DISASTERS Customs law provides Simplified paperwork requirements for non-commercial goods Waivers of custom duties, tariffs and fees 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 Other laws provides 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 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 Customs law should provide 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 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 Other laws should provide Procedures for importation and registration of foreign vehicles for relief and recovery work in Vietnam Exceptional quarantine procedures for rescue dogs

25. 5.CUSTOMS ARRANGEMENTS FOR COMMUNICABLE DISEASE EMERGENCIES The 2007 Law on Prevention and Control of Infectious Diseases, the law on animal and plant quarantine d esignate competent authorities responsible for Monitoring baggage, cargo, containers, conveyances, goods, postal parcels and human remains departing and arriving from affected areas 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 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 The 2007 Law on Prevention and Control of Infectious Diseases, the law on animal and plant quarantine do not d esignate competent authorities responsible for

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

28. 5.CUSTOMS ARRANGEMENTS FOR COMMUNICABLE DISEASE EMERGENCIES The quarantine law applied to affected conveyances does not provide for When is a conveyance considered to be affected or disaffected by a public health risk The application of materials for quarantine advised by WHO 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 The quarantine law should 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. 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 Laws on transportation provide 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 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 Laws on transportation should made no changes since the legal framework for transportation of relief goods in Vietnam is consistent with the IDRL guidelines.

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

33. 6.TRANSPORT RECOMMENDATIONS Laws on transportation should Provide regulations on reviewing the implemented measures as well as the coordination with the WHO Provide special provision for conveyance operators 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 The law on taxation and currency exchange provides 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 E xemption 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 Laws on taxation and currency exchange should made no changes since all of these provisions are consistent with the requirements set forth in the IDRL Guidelines.

36. 7. TAX, CURRENCY EXCHANGE AND CHARGES CHARGES FOR HEALTH PROTECTION MEASURES The law requires Travellers subject to health protection measures have to pay border medical quarantine (i.e. medical examination, vaccination, etc…). 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 Ministry of Finance and Ministry of Health should 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 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 National laws, policies or plants provide for Extended opening hours for key governmental offices/service necessary for international relief Free or reduced price facilities for relief providers

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

40. 8. ADDITIONAL FACILITIES AND MEASURES ADDITIONAL MEASURES FOR COMMUNICABLE DISEASES CONTROL Draft of Decree on Border Medicine Quarantine Provides that No health measure will be applied to persons or goods in transit without transhipment 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 The law should made no changes since all of these provisions are consistent with the requirements set forth in the 2005 IHR.

47. 10. MANAGEMENT OF INTERNATIONAL TRAVELLERS AND PERSONNEL DURING A COMMUNICABLE DISEASE EMERGENCY – KEY FINDINGS The law provides 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. 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 The law should Specify prophylaxis measures upon arrival and departure of foreigners to Vietnam to prevent possibility of diseases transmission 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 Vietnamese laws provide No specific provisions about visas for international disaster relief personnel 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 Vietnamese laws regulates two different categories of foreign workers Must have a labour permit: foreigners working on a permanent basis in Vietnam 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

51. 10. MANAGEMENT OF INTERNATIONAL TRAVELLERS AND PERSONNEL FOREIGN PERSONNEL DURING A DISASTER – KEY FINDING The law should no specific rules for recognition of medical qualifications no detailed procedures and rules on mobilization of foreign medical personnel in practice, there are no emergency cases with foreign medical personnel entering and working in Vietnam

52. 10. MANAGEMENT OF INTERNATIONAL TRAVELLERS AND PERSONNEL FOREIGN PERSONNEL DURING A DISASTER – RECOMMENDATIONS Vietnamese laws provide for the waiver of requirements for entry and exit visas, the provision of minimum delay visas at points of entry and exit or the issuance of multiple entry and exit visas for relief personnel acting in their official capacity as representatives of internationally-recognized relief agencies New Law on Examination and Treatment should provide for cases of urgent recognition and governmental approval for the exercise of certain professions pertinent to disaster response operations, such as doctors, nurses, and pharmacists…

53. 10. MANAGEMENT OF INTERNATIONAL TRAVELLERS AND PERSONNEL FOREIGN PERSONNEL DURING A DISASTER – RECOMMENDATIONS Vietnamese laws should provide that The provincial Health Services in disaster-stricken areas should be in charge of expedited review and recognition of the foreign qualifications of medical and other professional relief personnel from assisting states and approved humanitarian organizations, as well as necessary licenses and permits. Vietnam should sign bilateral agreements with international humanitarian organizations which cover the issue of urgent recognition and approval of professional qualifications. The Ministry of Health should be responsible for governmental recognition of medical qualifications as well as necessary licenses and permits for disaster relief personnel in accordance with bilateral agreements of Vietnam

60. 13. VIETNAM AS A TRANSIT OR SENDING STATE FOR INTERNATIONAL ASSISTANCE TRANSIT OF INTERNATIONAL RELIEF The law provides No requirement on transit visa Exemption from import/export tax, special consumption tax, customs fees & inspection of the actual conditions of goods for clearance for relief goods and equipment No exemption from custom fees for relief vehicles Special provisions for relief aircrafts: the speedy flight permission grant procedures, as discussed in the part of Transport during disaster

61. 13. VIETNAM AS A TRANSIT OR SENDING STATE FOR INTERANTIONAL ASSISTANCE DURING A COMMUNICABLE DISEASE EMERGENCY The law provides No application of border medical quarantine for transportation means in transit not coming from an affected area and whose passengers and goods remain on board No statement to permit ships and aircraft in transit to take on, under the supervision of the competent customs authorities, fuel, water, food and supplies. Goods in transit without transhipment are not subject to health measures under the IHR