international disaster response law presentation from ifrc
DESCRIPTION
Disaster Mangement Working Group meeting in 2009 - International Disaster Response Law Presentation from IFRC at the meeting on July 07, 2009TRANSCRIPT
Legal Preparedness for Responding to Disasters and
Communicable Disease Emergencies in Vietnam
REPORT OF LEGAL RESEARCH TEAM
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1. Institutional arrangements, coordination of relief and information exchange
2. Role of civil society organisations 3. Early warning and surveillance 4. Requests for external assistance 5. Customs arrangements 6. Transport 7. Tax, currency exchange and charges8. Additional facilities and measures 9. Legal status of foreign entities providing assistance10.Management of international travellers and personnel11.Freedom of access and security 12.Accountability and transparency 13.Vietnam as a transit or sending state for int’l assistance
Communicable diseases
Disaster Communicable diseases
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METHODOLOGY
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
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OVERVIEW OF VIETNAM’S LEGAL FRAMEWORK
DISPERSED
Floods and Storms
EarthquakeTsunami
FireAccidents
(Air & Ocean)
Radiation Incidents
Forest Destruction
DISASTER PREPAREDNESS AND RESPONSE
It is recommended to adopt a Law on disaster management
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OVERVIEW OF VIETNAM’S LEGAL FRAMEWORK
Law on Prevention And
Control ofInfectious 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
COMMUNICABLE DISEASES PREPAREDNESS AND RESPONSE
Some lacks of clarity will be mentioned in Specific sectors analysis
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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 betweenCompetent actors
Lack of clear and stable mechanism for fundingAnd financial management
Unclear provisions on incentives and penalties
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1. INSTITUTIONAL ARRANGEMENTS, COORDINATION RELIEF AND INFORMATION EXCHANGE (cont)
DISASTER PREPAREDNESS AND RESPONSE
Law on disaster managementshould
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 managementResponsible for
International Cooperation
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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
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1. INSTITUTIONAL ARRANGEMENTS, COORDINATION RELIEF AND INFORMATION EXCHANGE (cont)
RECOMMENDATIONS
Adopt a regulation onstructure and functions of the National Focal PointCharged with coordination with public institutions
Establish a Fund for communicableDiseases control, prevention and combat
Adopt new Decree on Border Medical QuarantineIn conformity with 2005 IHR
Designate a unique agency assuringCommunication with NGO (VNRC recommended)
The 2007 Law on Prevention and Control of Infectious Diseases
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2. EARLY WARNING AND SURVEILLANCE
DISASTER PREPAREDNESS AND RESPONSE
Current institutional system
Too many entities involved in early warningand 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
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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 ofthe 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
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2. EARLY WARNING AND SURVEILLANCE (cont)
COMMUNICABLE DISEASES PREPAREDNESS AND RESPONSE
The 2007 Law on Communicable DiseasesPrevention 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
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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
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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
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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
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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.
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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
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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
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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
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4.REQUEST FOR EXTERNAL ASSISTANCE
RECOMMENDATIONS
1. 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.
2. 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.
3. Specific bodies or institutions responsible for requesting external assistance and their roles and responsibilities should be made clear.
4. Specific arrangements with international and regional bodies and organizations responsible for disaster management and emergency response should be included.
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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
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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
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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
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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
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5.CUSTOMS
ARRANGEMENTS FOR COMMUNICABLE DISEASE EMERGENCIES
The 2007 Law on Prevention and Control of Infectious Diseases, the law on animal and
plant quarantine designate 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
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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 notdesignate competent
authorities responsible for
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5.CUSTOMS
ARRANGEMENTS FOR COMMUNICABLE DISEASE EMERGENCIES
The quarantine law applied to
affected conveyancesprovides 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
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5.CUSTOMS
ARRANGEMENTS FOR COMMUNICABLE DISEASE EMERGENCIES
The quarantine law applied to
affected conveyancesdoes 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
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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
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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.
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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.
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6.TRANSPORT
DURING COMMUNICABLE DISEASES
Laws on transportationprovide
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
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6.TRANSPORT
RECOMMENDATIONS
Laws on transportationshould
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.
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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
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 foroperations and accessing to reasonable & preferential
exchange rate for humanitarian organizations.
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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.
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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.
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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.
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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
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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.
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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
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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.
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9. LEGAL STATUS OF FOREIGN ENTITIES PROVIDING ASSISTANCE
• 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.
KEY FINDINGS
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9. LEGAL STATUS OF FOREIGN ENTITIES PROVIDING ASSISTANCE
• 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
KEY FINDINGS
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9. LEGAL STATUS OF FOREIGN ENTITIES PROVIDING ASSISTANCE
• 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.
RECOMMENDATIONS
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9. LEGAL STATUS OF FOREIGN ENTITIES PROVIDING ASSISTANCE
• 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.
RECOMMENDATIONS
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9. LEGAL STATUS OF FOREIGN ENTITIES PROVIDING ASSISTANCE
• 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.
RECOMMENDATIONS
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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.
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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.
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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
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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
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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
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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…
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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
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10. MANAGEMENT OF INTERNATIONAL TRAVELLERS AND PERSONNEL
• 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
FOREIGN PERSONNEL DURING A DISASTER – RECOMMENDATIONS
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11. FREEDOM OF ACCESS AND SECURITY
• The Vietnamese Constitution recognizes fundamental rights and freedoms of individuals
• Approved international disaster relief providers have freedom of access to disaster-affected persons.
• No clear rules (e.g. in immigration or penal law) that would interfere with the ability of aid providers to assist affected migrants (e.g. undocumented workers) or any other group
• Quarantine laws place only the necessary limitations on freedom of movement & liberty of the person.
• No specific provisions on ensuring the safety of relief personnel, premises, transport, equipment and goods
KEY FINDINGS
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11. FREEDOM OF ACCESS AND SECURITY
• Vietnam’s national law should provide for some legal recourse for persons whose dignity or human rights are infringed by application of health measures under the IHR
• Vietnam’s national law should establish procedures and requirements for the processing of health information collected or received by the State pursuant to the IHR which refers to identified or identifiable persons
• The Steering Committee established under pursuant to the decision of the Prime Minister when the state of emergency is pronounced, as stipulated in Decree no. 71/2002/ND-CP, should be specifically charged with ensuring the safety of relief personnel, premises, transport, equipment and goods.
RECOMMENDATIONS
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12. ACCOUNTABILITY AND TRANSPARENCY
• Specific procedures/institutions in place to guard against diversion, misappropriation or fraud concerning foreign disaster relief and recovery goods/funds
• Use of such goods/funds in a manner consistent with the expressed intent of donors and objectives of the mobilization
• The periodical and yearly audit and reporting obligations with regard to the use of foreign aid
• Legal authority for a particular ministry/department to receive and disburse international donations made to the government
• Legal recourse for persons whose dignity or human rights are infringed by application of health measures under the IHR
KEY FINDINGS
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12. ACCOUNTABILITY AND TRANSPARENCY
• Minimum standards in disaster relief and/or recovery:– Mobilization and distribution and use of contributions
(of relief/recovery goods or funds) must be in accordance with relief/recovery objectives and subjects
– Allocation and use (of mobilized funds and goods) must be based on the damaging level caused by natural disasters, fires, serious incidents; contributing sources; the consistency, adequacy among affected provinces, municipalities, villages, sectors
• A mechanism of enforcement clearly described in chapter VI of the Decree No. 64/2008/ND-CP
KEY FINDINGS
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12. ACCOUNTABILITY AND TRANSPARENCY
Vietnam’s regulations relating to the accountability and transparency of the Government and assisting organizations in mobilizating and using of foreign aids are consistent with IDRL
RECOMMENDATIONS
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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
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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
62
13. VIETNAM AS A TRANSIT OR SENDING STATE FOR INTERANTIONAL ASSISTANCE
• The law does not prepare for a situation that Vietnam become sending state for international assistance
• No provisions on reduction of restrictions on exit of relief personnel.
• Exemption of visa fees could be granted by the Ministry of Foreign Affairs or the Ministry of Public Security or the Ministry of Defense on case-by-case basis.
• Exported relief goods and equipment are exempted from customs fees, special consumption tax and export tax, and enjoy priority of customs clearance
VIETNAM AS A SENDING STATE FOR INTERNATIONAL ASSISTANCE
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13. VIETNAM AS A TRANSIT OR SENDING STATE FOR INTERANTIONAL ASSISTANCE
• provisions on simplification of documentation requirements, waiver of all fees and charges and speedy clearance for relief personnel, transportation means, goods and equipment coming to, departing from and passing through the territory of Vietnam.
• permission for re-exportation of equipment and unused goods for relief activities
• establish a emergency plan which allows speedy passage for land, marine and air vehicles delivering humanitarian relief in Vietnam or in another country
• allows land road, marine and aircraft in transit to take on fuel, water, foods and supplies, as well as provides in detail the customs procedures for such supplies
RECOMMENDATIONS