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

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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


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)


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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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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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)


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2. EARLY WARNING AND SURVEILLANCE


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)


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


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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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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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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.


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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


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


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


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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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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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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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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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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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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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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• 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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• 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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• 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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• 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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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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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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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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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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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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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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• 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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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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• 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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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

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• 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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• 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

legal preparedness for responding to disasters and communicable disease emergencies in vietnam

Documents

coordination of relief

coordination relief

legal preparedness

coordination of nongovernment

currency exchange

international cooperation1

light of key international

national budget