THE MINISTRY OF TRANSPORT ___________ No. 1812/QD-BGTVT | THE SOCIALIST REPUBLIC OF VIETNAM Independent - Freedom - Happiness _______________________ Hanoi, October 16, 2021 |
DECISION
Promulgating the Interim Guidance on transport activities in 5 sectors (roadway, railway, inland waterway, maritime, aviation) for safe and flexible adaptation and effective control over the COVID-19 pandemic
___________
THE MINISTER OF TRANSPORT
Pursuant to the Government’s Decree No. 12/2017/ND-CP dated February 20, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Transport;
Pursuant to the Government’s Resolution No. 128/NQ-CP dated October 11, 2021, promulgating the Interim Regulation on “safe and flexible adaptation and effective control over the COVID-19 pandemic”;
Pursuant to the Government’s Resolution No. 78/NQ-CP dated July 20, 2021, on COVID-19 prevention and control;
Pursuant to the Government's Resolution No. 86/NQ-CP dated August 06, 2021, on urgent COVID-19 pandemic prevention and control measures to implement the Resolution No. 30/2021/QH15 dated July 28, 2021 of the 15th National Assembly;
Pursuant to the Ministry of Health’s Decision No. 4800/QD-BYT dated October 12, 2021, on implementing the Government’s Resolution No. 128/NQ-CP dated October 11, 2021, promulgating the Interim Regulation on “safe and flexible adaptation and effective control over the COVID-19 pandemic”;
Pursuant to the Ministry of Health's Official Dispatch No. 8795/BYT-MT dated October 16, 2021, giving opinions to the draft plan on temporary organization of by-automobile transport activities for safe and flexible adaptation and effective control over the COVID-19 pandemic;
At the proposal of the Director of the Department of Transportation, the Director General of the Directorate for Roads of Vietnam, and Directors of the Vietnam Inland Waterway Administration, the Vietnam Maritime Administration, the Civil Aviation Authority of Vietnam, and the Vietnam Railway Authority,
DECIDES:
Article 1. To promulgate together with this Decision the Interim Guidance on transport activities in 5 sectors (roadway, railway, inland waterway, maritime, aviation) for safe and flexible adaptation and effective control over the COVID-19 pandemic.
Article 2. Effect
1. This Decision takes effect from the date of its signing.
2. To annul the following Decisions of the Minister of Transport: The Decision No. 1570/QD-BGTVT dated August 24, 2021, promulgating the Interim Guidance on traffic organization and pandemic control applicable to by-automobile transport activities during the COVID-19 prevention and control; the Decision No. 1777/QD-BGTVT dated October 10, 2021, promulgating the Interim Regulation on pilot road passenger transport activities for safe and flexible adaptation and effective control over the COVID-19 pandemic; the Decision No. 1588/QD-BGTVT dated August 27, 2021, promulgating the Interim Guidance on traffic organization and pandemic control applicable to inland waterway transport activities during the COVID-19 prevention and control; the Decision No. 1589/QD-BGTVT dated August 27, 2021, promulgating the Interim Guidance on traffic organization and pandemic control applicable to maritime transport activities during the COVID-19 prevention and control.
3. To annul Sections II, III, V and VII, Part 2 of the Interim Guidance on passenger transport activities in 5 sectors (roadway, railway, inland waterway, maritime, aviation) for safe and flexible adaptation and effective control over the COVID-19 pandemic attached to the Minister of Transport’s Decision No. 1740/QD-BGTVT dated September 30, 2021.
Article 3. Chief of the Ministry Office, Chief Inspector of the Ministry’s Inspectorate, Directors of Departments, Administration and Authorities, Director General of the Directorate for Roads of Vietnam, Director of the Departments of Transport and Departments of Transport - Construction of provinces and centrally-run cities; Vietnam Automobile Transportation Association, local Automobile Transportation Associations, Vietnam Inland Waterway Transport Association, Vietnam Shipowners' Association; units and enterprises involved in transport business; passenger car stations and roadside stations; airports, railway stations; heads of relevant agencies, units, organizations and individuals shall implement this Decision./.
For the Minister
The Deputy Minister
Le Dinh Tho
INTERIM GUIDANCE
On transport activities in 5 sectors (roadway, railway, inland waterway, maritime, aviation) for safe and flexible adaptation and effective control over the COVID-19 pandemic
(Attached to the Decision No. 1812/QD-BGTVT dated October 16, 2021, of the Minister of Transport)
In the implementation of the Government’s Resolution No. 128/NQ-CP dated October 11, 2021, promulgating the Interim Regulation on “safe and flexible adaptation and effective control over the COVID-19 pandemic” (hereinafter referred to as the Resolution No. 128/NQ-CP); pursuant to the Ministry of Health’s Decision No. 4800/QD-BYT dated October 12, 2021, issuing the Interim Guidance for implementation of the Government’s Resolution No. 128/NQ-CP dated October 11, 2021, promulgating the Interim Regulation on “safe and flexible adaptation and effective control over the COVID-19 pandemic” (hereinafter referred to as the Decision No. 4800/QD-BYT), the Ministry of Transport promulgates the Interim Guidance on transport activities in 5 sectors (roadway, railway, inland waterway, maritime, aviation) for safe and flexible adaptation and effective control over the COVID-19 pandemic (hereinafter referred to as the Interim Guidance) as follows:
PART 1
GENERAL REQUIREMENTS
I. OBJECTIVES
To restore the transport activities in 5 sectors (roadway, railway, inland waterway, maritime, aviation) in Compliance with COVID-19 prevention and control for the socio-economic development, security, and social safety assurance; create favor conditions for production and business restoration, socio-economic development, bringing life back to the new normal state.
II. REQUIREMENTS
1. To comply with the Government’s directions provided in the Resolution No. 128/NQ-CP and the Ministry of Health’s instructions provided in the Decision No. 4800/QD-BYT.
2. The Ministry of Transport, the Ministry of Health, relevant ministries, sectors and provinces, centrally-run cities shall proactively, unanimously, synchronously implement solutions on organization of 5 sectors (roadway, railway, inland waterway, maritime, aviation). Tasks and responsibilities shall be assigned to agencies, organizations and individuals involved in transport activities to ensure the safe and flexible adaptation and effective control over the COVID-19 pandemic.
3. To promote the initiative and creativity of the locality in controlling the pandemic, without leaving any local situation or ruling by regions in the promulgation and implementation of solutions beyond necessary, negatively affecting production, business, and social life.
III. SCOPE AND SUBJECTS OF APPLICATION
1. Scope of application
a) This Interim Guidance applies to transport activities in 5 sectors all over the country (roadway, railway, inland waterway, maritime, aviation) for safe and flexible adaptation and effective control over the COVID-19 pandemic;
b) Passenger transport on mainland-to-island route, domestic aviation, roadway, railway, and inland waterway.
2. Subjects of application
a) State management agencies, forces controlling the pandemic, transport business units in 5 sectors; internal transport units; car stations, roadside stations, seaports; inland waterway ports and wharves, airports, airfields and seaplane bases; railway stations, centers; other focal points for loading and unloading of goods;
b) Drivers, attendants on vehicles, persons accompanying vehicles (for freight transport and internal passenger transport) and passengers joining traffic in 5 sectors;
c) Organizations and individuals involved in transport activities.
PART 2
ORGANIZATION OF TRANSPORT ACTIVITIES FOR SAFE, FLEXIBLE ADAPTATION TO, AND EFFECTIVE CONTROL OF THE COVID-19 PANDEMIC
I. GENERAL PRINCIPLES
1. Classification and scope of assessment of pandemic risk levels
1.1. Pandemic risk classification
- Level 1: Low-risk (new normal) - labeled green;
- Level 2: Medium-risk - labeled yellow;
- Level 3: High-risk - labeled orange;
- Level 4: Very high-risk - labeled red.
1.2. Scope of pandemic risk level assessment
Assessing from the commune level. It is encouraged to assess from the smallest scope and size as possible (lower than the commune level) to ensure the flexibility and efficiency.
2. Passengers (except for passengers joining traffic by aviation or railway) must satisfy the following requirements:
2.1. Comply with the “5K messages”; make health declaration according to the Ministry of Health’s regulations;
2.2. Strictly comply with the COVID-19 prevention and control measures according to instructions of the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health;
2.3. Testing
a) Tests shall be conducted for those who show any of the following symptoms, including fever, cough, fatigue, sore throat, loss of taste and smell, dyspnoea, etc.
b) For all pandemic risk levels, testing is only required in one of the following cases:
- There is suspicion or indication for epidemiological investigation of people coming from a pandemic-hit area at level 3;
- They come from level-4 areas or blockage areas; no testing is required while traveling within the area.
c) For fully vaccinated people and those who have recovered from COVID-19, testing is only required in one of the following cases:
- There is an epidemiological investigation requirement;
- They come from level-4 areas or blockage areas.
2.4. The SARS-CoV-2 test result conducted by RT-PCR or rapid antigen test shall remain valid for 72 hours (from the time of receiving the result).
3. In case the Government, the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health issues new regulations on COVID-19 prevention and treatment applicable to subjects specified in this Interim Guidance, the new regulations shall prevail.
II. ROAD TRANSPORT
1. By-automobile passenger transport business units shall
1. Develop and implement plans for organization of transport activities in compliance with regulations on by-automobile transport business, conditions for by-automobile transport business and regulations on COVID-19 prevention and control; grasp information about routes, itineraries and pandemic risk levels as announced by the local authorities; publicize requirements for passengers under Clause 2, Section I, Part 2 of this Interim Guidance;
b) Arrange drivers and attendants on vehicles who satisfy requirements specified in Clause 4, Section II, Part 2 of this Interim Guidance;
c) Arrange vehicles meeting the requirements for COVID-19 prevention and control, such as being equipped with hand sanitizer, medical masks; vehicles must be disinfected after each trip (disinfection is only required for vehicles traveling through level-3 or level-4 areas);
d) Ask drivers to follow the itinerary and only stop, park (for meals or toilet) and pick up and drop off passengers at the specified locations;
dd) In case there is a passenger from level-4 areas on the vehicle: Make the list of passengers using Appendix attached to this Decision; assign drivers and attendants on vehicles to instruct passengers to self-declare (including updating the list of passengers on the journey); send a copy of such list to the Departments of Transport or the Departments of Transport - Construction (hereinafter referred to as Departments of Transport) of the places of departure and destination; archive the original list for at least 21 days from the end of the trip to serve the tracing and prevention and control of COVID-19 upon request of the competent functional agencies; keep passenger information confidential according to law provisions;
e) Arrange employees or health divisions to coordinate with local health agencies to handle upon detecting a COVID-19 case at the workplace;
g) Take responsibility for closely monitoring, inspecting and supervising vehicles and drivers during the transport; in which, strengthen the inspection and supervision through itinerary monitoring devices and cameras installed on the cars used for transport business;
h) Self-organize random tests for SARS-CoV-2 for people at high risk of infection in the unit.
2. Units conducting goods transport business by automobiles shall
a) Actively develop the transport plans, grasp information about the itineraries, locations for loading and unloading of goods and pandemic risk levels as announced by local authorities; fully disseminate transport plans for people on vehicles in case of being asked to participate in COVID-19 prevention and control;
b) Arrange drivers and accompanying persons who satisfy requirements specified in Clause 4, Section II, Part 2 of this Interim Guidance;
c) Arrange vehicles meeting the requirements for COVID-19 prevention and control, such as being equipped with hand sanitizer, medical masks; vehicles must be disinfected after each trip (disinfection is only required for vehicles traveling through level-3 or level-4 areas);
d) Ask drivers to follow the itinerary, load and unload goods at locations stated in the transport papers or goods transport contracts;
dd) Arrange employees or health divisions to coordinate with local health agencies to handle upon detecting a COVID-19 case at the workplace;
e) Take responsibility for closely monitoring, inspecting and supervising vehicles and drivers during the transport; in which, strengthen the inspection and supervision through itinerary monitoring devices and cameras installed on the cars used for transport business;
g) Self-organize random tests for SARS-CoV-2 for people at high risk of infection in the unit.
3. Units operate internal transport by automobiles shall
a) Actively develop the transport plans (only transporting their goods and staff), grasp information about the itineraries, locations for loading and unloading of goods and pandemic risk levels as announced by local authorities; fully disseminate transport plans for people on vehicles in case of being asked to participate in COVID-19 prevention and control;
b) Arrange drivers and accompanying persons who satisfy requirements specified in Clause 4, Section II, Part 2 of this Interim Guidance;
c) Arrange vehicles meeting the requirements for COVID-19 prevention and control, such as being equipped with hand sanitizer, medical masks; vehicles must be disinfected after each trip (disinfection is only required for vehicles traveling through level-3 or level-4 areas);
dd) In case there is a person from level-4 areas on the vehicle: Make the list of passengers using Appendix attached to this Decision; send a copy of such list to the Departments of Transport of the places of departure and destination (send one time if there is no change in the information about persons on the vehicle); archive the original list for at least 21 days from the end of the trip to serve the tracing and prevention and control of COVID-19 pandemic upon request of the competent functional agencies;
dd) Ask drivers to follow the itinerary, pick up and drop off passengers, load and unload goods at the prescribed locations;
e) Arrange employees or health divisions to coordinate with local health agencies to handle upon detecting a COVID-19 case at the workplace;
g) Take responsibility for closely monitoring, inspecting and supervising vehicles and drivers during the transport;
h) Self-organize random tests for SARS-CoV-2 for people at high risk of infection in the unit.
4. Requirements for drivers, attendants on vehicles and accompanying persons
4.1. Taking pandemic prevention and control measures
a) Complying with the “5K messages”; making health declaration according to the Ministry of Health’s regulations;
b) Strictly comply with the COVID-19 prevention and control measures according to instructions of the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health.
4.2. Testing
a) Tests shall be conducted for those who show any of the following symptoms, including fever, cough, fatigue, sore throat, loss of taste and smell, dyspnoea, etc. Random and periodic screening tests shall be conducted by health agencies;
b) Random tests shall be conducted for groups at high risk of infection according to the transport business units’ plans for pandemic prevention and control;
c) For all pandemic risk levels, testing is only required for drivers, attendants on vehicles and accompanying persons in one of the following cases:
- There is suspicion or indication for epidemiological investigation of people coming from a pandemic-hit area at level 3;
- They come from level-4 areas or blockage areas; no testing is required while traveling within the area.
d) For fully vaccinated people and those who have recovered from COVID-19, testing is only required in one of the following cases:
- There is an epidemiological investigation requirement;
- They come from level-4 areas or blockage areas.
dd) The SARS-CoV-2 test result conducted by RT-PCR or rapid antigen test shall remain valid for 72 hours (from the time of receiving the result).
4.3. Before, during and after each trip, drivers, attendants on vehicles and accompanying persons who show any of the symptoms such as fever, cough, fatigue, sore throat, loss of taste and smell, dyspnoea, etc. must monitor their health and immediately notify transport business units and local health agencies for implement response procedures as prescribed.
4.4. In case there is a passenger, driver, attendant or accompanying person who are infected with SARS-CoV-2 on the vehicle: Follow instructions of the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health.
4.5. Equipping hand sanitizer at convenient places; taking ventilation measures applicable to each type of public transport vehicle; asking passengers to wear masks during the trip.
4.6. On a daily basis and after each trip, cleaning and disinfecting frequently touched surfaces of the vehicles, such as steering wheel surface, door handles, seats, car windows and floors, etc. Particularly for taxis and equivalent vehicles, drivers and attendants on vehicles must clean the door handles and car seats after each passenger getting on or off the vehicles by antiseptic solution.
5. Vehicles
a) Vehicles must fully meet conditions on technical safety inspection and environmental protection as prescribed; be installed with itinerary monitoring devices and cameras according to the Decree No. 10/2020/ND-CP and other relevant legal documents;
b) Vehicles must meet the requirements for COVID-19 prevention and control, including being equipped with antiseptic solution, medical masks; being cleaned and disinfected after each trip.
6. Bus stations and roadside stations
a) Work out solutions and plans to pick up and drop off passengers in order to ensure safety, security, fire and explosion prevention, and environmental protection as well as the COVID-19 pandemic prevention and control regulations;
b) Arrange points for health declaration and QR code scanning;
c) Arrange places for functional forces to conduct SARS-CoV-2 rapid antigen tests; and arrange well-ventilated temporary quarantine rooms or quarantine zones;
d) Social distancing shall be strictly maintained in ticketing areas, waiting rooms (for bus stations), places for passengers to get on or get off in line with the COVID-19 pandemic prevention and control regulations issued by the Ministry of Health;
dd) If drivers, attendants on vehicles, passengers or persons working at bus stations and roadside stations show symptoms such as fever, cough, dyspnoea or fatigue, etc., it is necessary to isolate them and immediately notify the local health agencies for handling;
e) Propagandize COVID-19 prevention and control measures in public areas;
g) Ask drivers, passengers and attendants on vehicles to follow regulations on COVID-19 prevention and control according to instructions of the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health;
h) Publicize hotlines of local functional agencies to receive reports of violations against the COVID-19 pandemic prevention and control regulations;
i) Self-organize random tests for SARS-CoV-2 for people at high risk of infection in the unit.
7. Places for loading and unloading of goods
a) Work out solutions to load and unload goods in order to ensure safety, security, fire and explosion prevention, and environmental protection as well as the COVID-19 pandemic prevention and control regulations;
b) Arrange points for health declaration and QR code scanning;
c) In case goods are loaded and unloaded in level-3 or level-4 areas: Arrange places for functional forces to conduct SARS-CoV-2 rapid antigen tests;
dd) If drivers, accompanying persons or persons working at places for loading and unloading of goods show symptoms such as fever, cough, dyspnoea or fatigue, etc., it is necessary to isolate them and immediately notify the local health agencies for handling;
dd) Propagandize COVID-19 prevention and control measures in public areas;
e) Ask drivers and accompanying persons to follow regulations on COVID-19 prevention and control according to instructions of the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health;
g) Publicize hotlines of local functional agencies to receive reports of violations against the COVID-19 pandemic prevention and control regulations.
8. People working at bus stations, roadside stations and places for loading and unloading of goods
8.1. Comply with the “5K messages”; make health declaration according to the Ministry of Health’s regulations.
8.2. Strictly comply with the COVID-19 prevention and control measures according to instructions of the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health.
8.3. Testing
a) Tests shall be conducted for those who show any of the following symptoms, including fever, cough, fatigue, sore throat, loss of taste and smell, dyspnoea, etc. Random and periodic screening tests shall be conducted by health agencies;
b) Random tests shall be conducted for groups at high risk of infection according to the transport business units’ plans for pandemic prevention and control;
c) For all pandemic risk levels, testing is only required for people falling into one of the following cases:
- There is suspicion or indication for epidemiological investigation of people coming from a pandemic-hit area at level 3;
- They come from level-4 areas or blockage areas; no testing is required while traveling within the area.
d) For fully vaccinated people and those who have recovered from COVID-19, testing is only required in one of the following cases:
- There is an epidemiological investigation requirement;
- They come from level-4 areas or blockage areas.
dd) The SARS-CoV-2 test result conducted by RT-PCR or rapid antigen test shall remain valid for 72 hours (from the time of receiving the result).
8.4. Regularly remind drivers, accompanying persons, passengers, and attendants on vehicles to comply with regulations on COVID-19 prevention and control issued by the Ministry of Health.
9. Transport plans
9.1. By-automobile passenger transport
a) In level-1 and level-2 areas
- Organize passenger transport activities with normal frequency;
- Drivers and attendants on vehicles must satisfy requirements specified in Clause 4, Section II, Part 2, and passengers must satisfy requirements specified in Clause 2, Section I, Part 2 of this Interim Guidance.
a) In level-3 areas
- For intra-provincial passenger transport on fixed routes, buses, taxis, contract cars, tourist car and shuttles buses for pupils and students: The Department of Transport shall advise the provincial-level People's Committee to decide on the principles of using no more than 50% of the total number of vehicles of the unit with socially-distanced seating (socially-distanced seating is not applicable to sleeper buses);
- For inter-provincial passenger transport on fixed routes (including buses with journeys from two or more provinces): The Departments of Transport of the places of destination and departure shall report the provincial-level People's Committee for permit inter-provincial passenger transport to operate with a maximum of 50% of the number of trips according to the volume announced by the Departments of Transport (the number of trips/month) with socially-distanced seating (socially-distanced seating is not applicable to sleeper buses);
- Drivers and attendants on vehicles must satisfy requirements specified in Clause 4, Section II, Part 2 and passengers must satisfy requirements specified in Clause 2, Section I, Part 2 of this Interim Guidance.
c) In level-4 areas
- Halt the passenger transport by cars, including inter-provincial and intra-provincial passenger transport on fixed route, buses, contract cars, tourist cars (except for technology cars with less than 9 seats using e-contracts), shuttle buses for pupils and students;
- For taxis and technology cars with less than 9 seats (contract cars and tourist cars using e-contracts) that have been installed with partitions and use e-payment method, the transport business unit may operate with a maximum of 20% of the total vehicles of the unit with socially-distanced seating;
- Drivers must be fully vaccinated or have recovered from COVID-19 and satisfy requirements specified in Clause 4, Section II, Part 2 and passengers must satisfy requirements specified in Clause 2, Section 1, Part 2 of this Interim Guidance.
- In case a passenger transport vehicle has a mandatory journey through a pandemic-hit area at level 4, it is not allowed to stop or park.
9.2. By-automobile freight transport: Operate normally at all pandemic risk levels; drivers and accompanying persons must satisfy requirements specified in Clause 4, Section II, Part 2 of this Interim Guidance.
9.3. By-automobile internal transport
a) Internal freight transport: Comply with Point 9.2 of this Section;
b) Internal passenger transport:
- In level-1 and level-2 areas: operate normally;
- In level-3 and level-4 areas: may operate under instructions of the Departments of Transport of the places of destination and departure, with socially-distanced seating on vehicles;
- Drivers and persons on vehicles must satisfy health requirements applicable to areas with the corresponding pandemic risk levels as prescribed in Clause 4, Section II, Part 2 of this Interim Guidance.
III. MARITIME TRANSPORT
1. Transport business units and vessel owners shall
a) Develop and implement transport organization plans according to regulations on COVID-19 prevention and control; grasp information about pandemic risk levels as announced by local authorities;
b) Arrange employees or health divisions to coordinate with local health agencies to handle upon detecting an infected case at the workplace;
c) Prepare vessels meeting requirements for maritime safety and security, maritime labor and environmental protection as prescribed;
d) Prepare adequate equipment necessary for the COVID-19 prevention and control on board vessels according to regulations issued by the Ministry of Health and local authorities;
dd) Clean and disinfect surfaces of vessels used to transport passengers (passenger compartments, seats, toilet areas) daily and immediately after the end of the trip (only when operating in level-3 and level-4 areas;)
e) Self-organize random tests for SARS-CoV-2 for people at high risk of infection in the unit.
2. Crew members shall
2.1. Take pandemic prevention and control measures
a) Comply with the “5K messages”; make health declaration according to the Ministry of Health’s regulations;
b) Strictly comply with the COVID-19 prevention and control measures according to instructions of the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health;
c) For seagoing vessels from other countries and Vietnamese vessels operating in domestic routes within 14 days and operating in level-3 and level-4 areas: The captains shall declare the health status of crew members on board within a minimum period of 14 days and crew changes (if any) in the last 14 days and provide such information to the Centers for Disease Control or local health agencies to assess the risk and implement prescribed pandemic prevention measures before sending vessels entering the port for cargo handling, ensuring to eliminate the risk of disease transmission to the community when the vessels embark in the port;
d) Strictly control people embarking or disembarking the vessels, check their body temperature and medical masks, make the list of people embarking or disembarking.
2.2. Testing
a) Tests shall be conducted for those who show any of the following symptoms, including fever, cough, fatigue, sore throat, loss of taste and smell, dyspnoea, etc. Random and periodic screening tests shall be conducted by health agencies;
b) Random tests shall be conducted for groups at high risk of infection according to the transport business units’ plans for pandemic prevention and control;
c) For all pandemic risk levels, testing is only required for people falling into one of the following cases:
- There is suspicion or indication for epidemiological investigation of people coming from a pandemic-hit area at level 3;
- They come from level-4 areas or blockage areas; no testing is required while traveling within the area.
- There is suspicion or indication for epidemiological investigation of people coming from a pandemic-hit area in other countries.
d) For fully vaccinated people and those who have recovered from COVID-19, testing is only required in one of the following cases:
- There is an epidemiological investigation requirement;
- They come from level-4 areas or blockage areas;
- There is suspicion or indication for epidemiological investigation of people coming from a pandemic-hit area in other countries.
dd) The SARS-CoV-2 test result conducted by RT-PCR or rapid antigen test shall remain valid for 72 hours (from the time of receiving the result).
2.3. Before, during and after each trip, crew members who show any of the symptoms such as fever, cough, fatigue, sore throat, loss of taste and smell, dyspnoea, etc. must monitor their health and immediately notify transport business units, vessel owners, maritime authorities, and local health agencies for implement response procedures as prescribed.
2.4. On a daily basis and after each trip, cleaning and disinfecting frequently touched surfaces of the vessels, such as steering wheel surface, door handles, seats, vessel windows and floors, etc.
2.5. Equip hand sanitizer at convenient places; ask passengers (for passenger vessels) to strictly comply with COVID-19 prevention and control measures as instructed by the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health.
3. Vessels
a) Vessels must fully meet conditions on technical safety and environmental protection in accordance with the law provisions;
b) Vessels must meet the requirements for COVID-19 prevention and control, including being equipped with antiseptic solution, medical masks; being cleaned and disinfected after each trip;
c) Procedures for entering or leaving ports for seagoing ships shall be carried out online through the National Single Window portal; Maritime authorities shall grant permits for seagoing ships to enter for cargo handling after being approved by quarantine agencies and Centers for Disease Control for their satisfaction of COVID-19 prevention and control conditions;
d) Take COVID-19 prevention and control measures under the instructions of the IMO, the Ministry of Health and local authorities;
dd) Arrange separate ways for organizations and individuals to get on board vessels for work;
e) Arrange separate working areas outside cabin and restrooms for organizations and individuals getting on board vessels for work;
g) Before entering ports, seagoing ships must enter the locations designated by Maritime authorities to carry out quarantine procedures; seagoing ships may only perform cargo handling after finishing quarantine procedures and obtaining approval from the Centers for Disease Control (except for the mainland-to-island routes).
4. Seaport operation enterprises shall
a) Work out solutions and plans to load and unload goods, pick up and drop off passengers coming to and leaving the seaports in order to ensure maritime safety, security, fire and explosion prevention, and environmental protection as well as the COVID-19 pandemic prevention and control regulations; grasp information about pandemic risk levels announced by local authorities;
b) Arrange points for health declaration and QR code scanning;
c) Arrange places for functional forces to conduct SARS-CoV-2 rapid antigen tests; and arrange well-ventilated temporary quarantine rooms or quarantine zones;
d) Social distancing shall be strictly maintained in ticketing areas, waiting rooms, places for passengers to embark and disembark in line with the COVID-19 pandemic prevention and control regulations issued by the Ministry of Health;
dd) If crew members, passengers or people working at seaports show symptoms such as fever, cough, shortness of breath or fatigue, it is necessary to isolate them and immediately notify the local health authorities for handling;
e) Propagandize and display information about COVID-19 prevention and control measures in public areas;
g) Ask crew members and passengers to follow regulations on COVID-19 prevention and control according to instructions of the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health;
h) Publicize hotlines of local functional agencies to receive reports of violations against the COVID-19 pandemic prevention and control regulations;
i) Organize the regular supervision of the compliance of pandemic prevention and control regulations by officers and employees; arrange employees to work according to the appropriate work shifts in order to ensure the work schedule and volume while keeping safe distance as prescribed;
k) Self-organize random tests for SARS-CoV-2 for people at high risk of infection in the unit.
5. People working at seaports shall
5.1. Comply with the “5K messages”; make health declaration according to the Ministry of Health’s regulations;
5.2. Strictly comply with the COVID-19 prevention and control measures according to instructions of the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health.
5.3. Testing
a) Tests shall be conducted for those who show any of the following symptoms, including fever, cough, fatigue, sore throat, loss of taste and smell, dyspnoea, etc. Random and periodic screening tests shall be conducted by health agencies;
b) Random tests shall be conducted for groups at high risk of infection according to the transport business units’ plans for pandemic prevention and control;
c) For all pandemic risk levels, testing is only required for people falling into one of the following cases:
- There is suspicion or indication for epidemiological investigation of people coming from a pandemic-hit area at level 3;
- They come from level-4 areas or blockage areas; no testing is required while traveling within the area.
d) For fully vaccinated people and those who have recovered from COVID-19, testing is only required in one of the following cases:
- There is an epidemiological investigation requirement;
- They come from level-4 areas or blockage areas.
dd) The SARS-CoV-2 test result conducted by RT-PCR or rapid antigen test shall remain valid for 72 hours (from the time of receiving the result).
5.4. Regularly remind crew members and passengers to comply with regulations on COVID-19 prevention and control issued by the Ministry of Health.
6. Other relevant subjects
In addition to requirements specified in Clause 5 of this Section, they must satisfy the following requirements:
6.1. Maritime pilots shall
a) Wear medical protective clothing when working on board vessels (only require for vessels from level-3 or level-4 areas, or seagoing ships from pandemic-hit areas in other countries); access the vessels’ cockpits by stairs outside the cabins (if any);
b) Keep a minimum distance with crew members according to regulations; avoid close contact (< 2m);
c) After completing their tasks of steering vessels, maritime pilots must destroy protective equipment according to the health agencies’ instructions.
6.2. For crew members of towing ships
a) It is not allowed to be in direct contact with crew members of seagoing ships or maritime pilots;
b) When receiving and removing towing ropes, it is necessary to wear face masks, gloves, goggles, and caps; they also must ensure the minimum distance when performing duties.
6.3. For marine surveyors, registrars, shipping agency staff, seagoing ship service providers, persons performing cleaning on vessels and technicians
a) They may only go on board vessels to perform their works after completing the medical quarantine and obtaining approval from border port guards or border port police stations;
b) They must wear medical protective clothing when getting on board according to regulations (only require for vessels from level-3 or leve-4 areas, or seagoing ships from pandemic-hit areas in other countries).
6.4. Passengers accompanying seagoing ships (except for mainland-island routes) shall follow the same requirements applicable to crew members as prescribed in Clause 2 of this Section.
7. Transport organization plans
7.1. Passenger transport (mainland-island routes)
a) In level-1 and level-2 areas
Transport activities shall be organized normally; crew members must satisfy requirements specified in Clause 2, Section II, Part 2, and passengers must satisfy requirements specified in Clause 2, Section I, Part 2 of this Interim Guidance.
a) In level-3 areas
- The Department of Transport shall advise the provincial-level People's Committee to decide on the principles of using no more than 50% of the total number of vessels of the unit (not apply to the case where there is only one vessel operating in one route) with socially-distanced seating;
- Crew members must satisfy requirements specified in Clause 2, Section III, Part 2 and passengers must satisfy requirements specified in Clause 2, Section I, Part 2 of this Interim Guidance.
c) In level-4 areas
Passenger transport activities shall be halted, except for special cases as decided by the provincial-level People's Committee.
7.2. Freight transport: Operate normally at all pandemic risk levels; crew members must satisfy requirements specified in Clause 2, Section III, Part 2 of this Interim Guidance.
IV. INLAND WATERWAY TRANSPORT
1. Transport business units, owners of vessels transporting passengers shall
a) Develop plans for COVID-19 pandemic prevention and control and plans for handling in cases the circumstance of a COVID-19 confirmed case arises in accordance with regulations; get information on channels and routes, itineraries, and pandemic risk levels announced by the locality; publicly announce transport requirements for passengers according to Clause 2, Section I, Part 2 of this Interim Guidance;
b) Arrange staff or health department to coordinate with local health agencies for settlement in cases the circumstance of a confirmed case arises at the workplace;
c) Prepare means to meet the requirements of security, safety, fire and explosion prevention and control, and environmental protection in accordance with regulations;
d) Prepare all necessary equipment for COVID-19 pandemic prevention and control on vessels according to the Ministry of Health’s regulations;
dd) Arrange the quarantine of their passengers with signs of fever, cough, shortness of breath or fatigue and immediately notify the information to the local health agency for handling;
e) Organize the cleaning and disinfection of surfaces on vessels (passenger compartments, seats, toilet areas) on a daily basis and right after the end of the voyage. During the movement, it is necessary to regularly carry out the disinfection, depending on the actual situation;
g) Self-organize random testing for SARS-CoV-2, for their people who are at high risk of COVID-19 infection.
2. Transport business units, owners of vessels transporting cargoes shall
a) Proactively develop transport plans, get information on itineraries, locations for loading and unloading of cargoes and the pandemic risk level announced by the locality; fully disseminate the transport plans to people on the vessels to ensure that they can meet the requirement of participation in COVID-19 pandemic prevention and control;
b) Allocate crew who meet the requirements defined in Clause 3, Section IV, Part 2 of the Interim Guidance;
c) Arrange equipment to meet the requirements of COVID-19 pandemic prevention and control: Equip hand sanitizer, medical masks; implement the cleaning and disinfecting of vessels after each voyage (this content is carried out only when vessels return from level-3 and level-4 pandemic risk areas);
d) Request crew to follow the itinerary approved by the Maritime Administration, load and unload cargoes at inland waterway ports and wharves;
dd) Arrange staff or health department to coordinate with local health agency for settlement in cases the circumstance of a confirmed case arises at the workplace;
e) Be responsible for closely monitoring, inspecting and supervising the operation of vessels during the transport process;
g) Self-organize random testing for SARS-CoV-2, for their people who are at high risk of COVID-19 infection.
3. Crew, attendants on vessels shall
3.1. Comply with pandemic prevention and control measures
a) Comply with “5K message”; health declaration in accordance with the Ministry of Health’s regulations;
b) Strictly comply with COVID-19 pandemic prevention and control measures in accordance with the guidance of the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health.
3.2. Get tested
a) They must be tested when having one of symptoms such as fever, cough, fatigue, sore throat, loss of taste and smell, dyspnoea, etc.; random and periodic screening tests performed by health agencies;
b) Random tests shall be carried out for groups at high risk of infection according to the pandemic prevention and control plan of their transport unit;
c) For all pandemic risk levels, testing is only required for them in one of the following cases:
- There is a suspicion or an indication of epidemiological investigation of people coming from a level-3 pandemic risk area;
- Arriving from a level-4 pandemic risk area or blockade area; testing is not required when moving within the area;
d) For persons who have been fully vaccinated or recovered from COVID-19, only one of the following cases shall be tested:
- Upon the epidemiological investigation request;
- Arriving from a level-4 pandemic risk area or blockade area.
dd) Results of RT-PCR tests or rapid antigen tests of SARS-CoV-2 shall be valid within 72 hours from the time of receiving the results.
3.3. Before, during and after the voyage, crew, attendants on vessels and people following vessels that have one of symptoms such as fever, cough, fatigue, sore throat, loss of taste and smell, dyspnoea, etc. must monitor their health and notify the information to their transport units, local health agencies to implement pandemic settlement process according to regulations.
3.4. Clean and disinfect high-touch surfaces of vessels such as wheels, doorknobs, seats, windows, decks, toilet areas, etc. on a daily basis and after each voyage.
3.5. Equip hand sanitizer at convenient locations for passengers to use; apply suitable natural ventilation measures; ask passengers to wear masks during the travel.
4. Vessels engaged in transport shall
a) Fully satisfy the conditions for inspection of technical safety and environmental protection according to regulations;
b) Meet the requirements of COVID-19 pandemic prevention and control: must be equipped with disinfectant solutions, medical masks; must be cleaned and disinfected after each service time.
5. Inland waterway ports and wharves shall
a) Develop solutions and plans to pick up and drop off passengers coming to and leaving, load and unload of cargoes at, ports and wharves, ensuring the safety, security, fire and explosion prevention and control, environmental protection as well as COVID-19 pandemic prevention and control regulations;
b) Arrange health declaration points, scan QR codes;
c) Arrange locations for functional forces to organize rapid antigen tests of SARS-CoV-2; arrange rooms or areas for the temporary quarantine, ensuring the ventilation;
d) Ensure people’s compliance with the social distancing and COVID-19 pandemic prevention and control regulations issued by the Ministry of Health and localities in ticketing areas, waiting rooms, places for passengers to get on or get off vessels;
dd) Arrange the quarantine of their crew, passengers with signs of fever, cough, shortness of breath or fatigue and immediately notify the information to the local health agency for handling;
e) Disseminate information on measures to prevent and control the COVID-19 pandemic in public areas;
g) Ask their crew, attendants on vessels, passengers to comply with COVID-19 pandemic prevention and control regulations in accordance with the guidance of the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health;
h) Publish the hotline number of the local authority for the information about any violation against regulations on COVID-19 pandemic prevention and control;
i) Self-organize random testing for SARS-CoV-2, for their people who are at high risk of COVID-19 infection.
6. Persons working at ports and wharves shall
6.1. Comply with “5K message”; health declaration in accordance with the Ministry of Health’s regulations.
6.2. Strictly comply with COVID-19 pandemic prevention and control measures in accordance with the guidance of the National Steering Committee for COVID-19 Prevention and Control and the Ministry of Health.
6.3. Get tested
a) They must be tested when having one of symptoms such as fever, cough, fatigue, sore throat, loss of taste and smell, dyspnoea, etc.; random and periodic screening tests performed by health agencies;
b) Random tests shall be carried out for groups at high risk of infection according to the pandemic prevention and control plan of their transport unit;
c) For all pandemic risk levels, testing is only required for them in one of the following cases:
- There is a suspicion or an indication of epidemiological investigation from a level-3 pandemic risk area;
- Arriving from a level-4 pandemic risk area or blockade area; testing is not required when moving within the area;
d) For persons who have been fully vaccinated or recovered from COVID-19, only one of the following cases shall be tested:
- Upon the epidemiological investigation request;
- Arriving from a level-4 pandemic risk area or blockade area.
dd) Results of RT-PCR tests or rapid antigen tests of SARS-CoV-2 shall be valid within 72 hours from the time of receiving the results.
6.4. Regularly remind crew, attendants on vessels and passengers to comply with regulations on COVID-19 pandemic prevention and control prescribed by the Ministry of Health.
7. Plans for transport organization
7.1. Transporting passengers by waterway vessels
a) For level-1 and level-2 pandemic risk areas
- The activity of transporting passengers shall be organized with the normal frequency;
- Crew and attendants on vessels must meet requirements defined in Clause 3, Section IV, Part 2 and passengers must satisfy requirements specified in Clause 2, Section I, Part 2 of this Interim Guidance.
b) For level-3 pandemic risk areas
- For intra-provincial passenger transport routes: The Departments of Transport shall advise provincial-level People's Committees about allowing the intra-provincial passenger transport activities according to the principle of not transporting more than 50% of the number of people allowed to transport on a vessel;
- For inter-provincial passenger transport routes: The Departments of Transport of two destinations shall advise provincial-level People's Committees about allowing the inter-provincial passenger transport activities with more than 50% of the number of people allowed to transport on a vessel;
- Crew and attendants on vessels must meet requirements defined in Clause 3, Section IV, Part 2 and passengers must satisfy requirements specified in Clause 2, Section I, Part 2 of this Interim Guidance.
c) For level-4 pandemic risk areas: The activity of transporting passengers by waterway must be suspended.
7.2. Transporting cargoes by waterway: The activity of transporting cargoes by waterway shall be normally organized in cases of the pandemic at all risk levels. Crew and attendants on vessels must meet requirements defined in Clause 3, Section IV, Part 2 of this Interim Guidance.
V. RAILWAY TRANSPORT
1. Continue to comply with the guidance specified in the Decision No. 1782/QD-BGTVT dated October 11, 2021 of the Minister of Transport, defining interim regulations on passenger transport by railway for safe and flexible adaptation and effective control over the COVID-19 pandemic until alternative regulations are promulgated (according to Point 2, Section 1, Part IV of the Interim Regulations issued together with the Government’s Resolution No. 128/NQ-CP dated October 11, 2021).
2. The Vietnam Railway Authority is assigned to closely coordinate with the Health Department of Transport and relevant agencies to urgently make preliminary assessments of implementation of the Decision No. 1782/QD-BGTVT dated October 11, 2021. The Vietnam Railway Authority shall, based on the implementation results and the Government's Resolution No. 128/NQ-CP and the guidance of the Ministry of Health, develop a Draft Decision to replace the Decision No. 1782/QD-BGTVT dated October 11, 2021, report on it to the Ministry of Transport before October 18, 2021.
VI. AIR TRANSPORT
1. Continue to comply with the guidance specified in the Decision No. 1776/QD-BGTVT dated October 08, 2021 of the Minister of Transport, defining interim regulations on resuming regular passenger flights on domestic air routes for safe and flexible adaptation and effective control over the COVID-19 pandemic and the Decision 1786/QD-BGTVT dated October 12, 2021 of the Minister of Transport on promulgating the Appendix to replace Appendix 2 issued together with the Decision No. 1776/QD-BGTVT dated October 08, 2021 until alternative regulations are promulgated (according to Point 2, Section 1, Part IV of the Interim Regulations issued together with the Government’s Resolution No. 128/NQ-CP dated October 11, 2021).
2. The Civil Aviation Authority of Vietnam is assigned to closely coordinate with the Health Department of Transport and relevant agencies to urgently make preliminary assessments of implementation of the Decision No. 1776/QD-BGTVT dated October 08, 2021 and Decision No. 1786/QD-BGTVT dated October 12, 2021. The Civil Aviation Authority of Vietnam shall, based on the implementation results and the Government's Resolution No. 128/NQ-CP and the guidance of the Ministry of Health, develop a Draft Decision to replace the Decision No. 1776/QD-BGTVT dated October 08, 2021 and Decision No. 1786/QD-BGTVT dated October 12, 2021, report on it to the Ministry of Transport before October 18, 2021.
VII. CONNECTION FOR PASSENGER TRANSPORT AT AIRPORTS, RAILWAY STATIONS AT LEVEL-4 PANDEMIC RISK AREAS
1. Units managing airports, railway stations shall
a) Arrange locations, areas at airports, railway stations for road transport means to pick up and drop off passengers, guide road transport means coming to and leaving airports, railway stations at the locations, areas as specified;
b) Designate lounge areas for passengers to board; guide and supervise passengers’ observance of pandemic prevention and control work at airports and railway stations;
c) Coordinate with Departments of Transport (of localities with airports and railway stations) in picking up and dropping off passengers at airports and railway stations.
2. Departments of Transport (of localities with airports and railway stations) shall assume the prime responsibility for, and coordinate with Departments, sectors, local authorities and units managing airports and railway stations in organizing by-automobile passenger transport activities to connect road transport with airports and railway stations.
3. Transport business units providing by-automobile transport and drivers shall:
a) Transport passengers to and from airports and railway stations according to the principle of "one road - two destinations"; parking is not allowed on the itinerary (except for an emergency);
b) Comply with the guidance of Departments of Transport and units managing such airports, railway stations when transporting passengers to and from airports and railway stations.
4. Passengers shall strictly observe the instructions of airports, railway stations in the COVID-19 pandemic prevention and control work.
PART 3.
ORGANIZATION OF IMPLEMENTATION
1. Provincial-level People's Committees shall
a) Direct the implementation of this Interim Guidance to effectively implement the Resolution No. 128/NQ-CP and Decision No. 4800/QD-BYT;
b) Direct the Departments of Health to:
- Announce and update pandemic risk levels in localities and blockade areas of the provinces and cities and applied corresponding measures to serve as a basis for organizing transport activities according to this Interim Guidance;
- Assume the prime responsibility for, and coordinate with the Departments of Transport and local authorities in, supervising and guiding passengers arriving the localities to take health measures to prevent and control COVID-19 pandemic.
c) Direct the Departments of Transport to:
- Assume the prime responsibility for, and coordinate with relevant agencies and units in, implementing this Interim Guidance;
- Assume the prime responsibility for, and coordinate with the Departments, sectors, local authorities and units managing airports and railway stations to organize passenger transport activities connecting by-automobile road transport with air and rail transport according to Section VII, Part 2 of this Interim Guidance;
- Assume the prime responsibility for, and coordinate with Departments of Health, local authorities, road management units and roadside stations in, organizing rest and reception places to effectively provide essential services to passengers and residents.
d) Direct local authorities at all levels in localities to manage, monitor, inspect and supervise people returning to the localities according to the regulations of the Ministry of Health, ensuring the safety and avoiding the pandemic infection in the community.
2. Ministries, sectors, central agencies shall
Request the Ministry of Health, the Ministry of Public Security and the relevant ministries and sectors to coordinate with the Ministry of Transport and the provincial-level People's Committees in directing and guiding the organization of by-automobile road transport activities during the time the localities carry out COVID-19 prevention and control at all levels within their management areas to effectively implement the Resolution No. 128/NQ-CP.
3. The Directorate for Roads of Vietnam, the Vietnam Maritime Administration and the Vietnam Inland Waterway Administration shall
a) Organize the implementation of this Interim Guidance;
b) Publicly post the regulations on transport activities as specified in this Interim Guidance; hotline number to guide, receive reports and handle arising situations; establish a category to guide transport activities in accordance with this Interim Guidance on websites of the Directorate and Administrations;
c) The Directorate for Roads of Vietnam shall direct the Regional Road Administration Departments, the Road Administration Sub-Departments to coordinate with Departments of Transport and roadside stations on national highways in arranging rest and reception places to effectively provide essential services to passengers and residents; coordinate with Departments of Transport in allocating forces to control people and vehicles at roadside stations; strengthening the inspection and supervision of vehicles’ operation through the system of itinerary monitoring devices installed on transport business cars;
d) Regularly inspect and urge the implementation of this Interim Guidance;
dd) Assume the prime responsibility for, and coordinate with localities in, summarizing the situation and assessing the results of the implementation of this Interim Guidance; to be specific, clearly stating the achieved results, advantages, shortcomings, proposals to supplement and adjust this Interim Guidance in conformity with the actual situation; report on a weekly basis and send monthly reports (before 20th of every month) to the Ministry of Transport (via the Transportation Department).
4. The Information Technology Center and Transport Newspaper shall
a) Publicly post regulations on transport activities under this Interim Guidance on the website of the Ministry and the Transport Newspaper;
b) Establish a category to guide transport activities on the website of the Ministry and the Transport Newspaper in accordance with regulations on transport activities specified in this Interim Guidance.
5. Departments of Transport shall
a) Assume the prime responsibility for, and coordinate with relevant agencies and units in, carefully studying this Interim Guidance for the effective implementation;
b) Assume the prime responsibility for, and coordinate with the Departments, sectors, local authorities and management units managing airports and railway stations in, organizing passenger transport activities by cars, connecting between road transport and air, rail transport according to Section VII, Part 2 of this Interim Guidance;
c) Assume the prime responsibility for, and coordinate with Departments of Health, local authorities, road management units and roadside stations in, organizing rest and reception places to effectively provide essential services to passengers and residents;
d) Direct and coordinate with the Maritime Administrations in organizing passenger transport activities from shore to island;
dd) Guide and request transport units, passenger car stations and roadside stations to comply with this Interim Guidance;
e) Publicly post by-automobile road transport activities in accordance with this Interim Guidance; hotline numbers in order that transport units, passenger car stations, drivers and passengers get information and implement regulations and receive reports, and handle arising situations within their competence;
g) Regularly inspect and urge the implementation of this Interim Guidance;
h) Report weekly and monthly on the results of implementation of this Interim Guidance under the guidance of the Directorate for Roads of Vietnam.
5. Vietnam Automobile Transportation Association, Automobile Transportation Associations of localities, Vietnam Inland Waterway Transport Association, Vietnam Shipowners' Association shall disseminate this Interim Guidance, relevant written directions and instructions, ensuring smooth, safe transport activities and COVID-19 pandemic prevention and control in accordance with regulations in order that local transport units get the information and comply with the above.
6. Transport units and enterprises of 5 sectors, passenger car stations, roadside stations, units loading and unloading goods, airports, railway stations, seaports, inland waterway ports and wharves shall strictly comply with this Interim Guidance, regulations of the National Steering Committee for COVID-19 Prevention and Control, the Ministry of Health and relevant law provisions.
7. The Transportation Department shall grasp the situation, conduct synthesis and report on the information to leaders of the Ministry of Transport weekly and monthly in order that they direct removal of difficulties and problems; and promptly handle arising situations.
8. In case the Government, the National Steering Committee for COVID-19 Prevention and Control, the Ministry of Health promulgate new regulations on COVID-19 prevention and control for the subjects of application specified in this Interim Guidance, the new regulations shall be applied./.
* All Appendices are not translated herein.