Decision 3327/QD-BCD 2021 Ho Chi Minh City classifying works permitted to be built

DECISION

On promulgating the criteria for the classification of works permitted to be built and guidance on COVID-19 prevention and control at construction sites in Ho Chi Minh City

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HEAD OF HO CHI MINH CITY STEERING COMMITTEE FOR COVID-19 PREVENTION AND CONTROL

Pursuant to the Law on Organization of Local Administration dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Prevention and Control of Infectious Diseases dated November 21, 2007;

Pursuant to the Government’s Decree No. 101/2010/ND-CP dated September 30, 2010, on detailing the implementation of a number of articles of the Law on Prevention and Control of Infectious Diseases on measures for quarantine, involuntary quarantine, typical epidemic prevention;

Pursuant to the Prime Minister’s Decision No. 447/QD-TTg dated April 01, 2020, on announcement of the COVID-19 epidemic;

Pursuant to the Prime Minister’s Official Telegram No. 914/CD-TTg dated July 06, 2021, on strengthening COVID-19 prevention and control measures to realize the dual targets;

Pursuant to the Decision No. 2194/QD-BCDQG dated May 27, 2020, of the National Steering Committee for COVID-19 Prevention and Control, promulgating “the Guidance on the prevention, control, and assessment of the risk of COVID-19 infection at the workplaces and dormitories for workers”;

Pursuant to the Decision No. 2686/QD-BCDQG dated May 31, 2021, of the National Steering Committee for COVID-19 Prevention and Control, promulgating the “Regulation on assessment of risk levels and administrative measures to prevent and control COVID-19 pandemic”;

Pursuant to the Ministry of Health’s Decision No. 2787/QD-BYT dated June 05, 2021, on the promulgation of “the guidance for pandemic prevention and control plans when COVID-19 cases are recorded at the production and business establishments or industrial parks”;

Pursuant to the Document No. 2242/LDTBXH-TLD-PTM dated July 14, 2021, of the Ministry of Labor, Invalids and Social Affairs, the Vietnam General Confederation of Labor, and the Chamber of Commerce and Industry of Vietnam, guiding the organization of quarantine hand in hand with production and business in enterprises, production and business establishments;

Pursuant to the Ministry of Health's Decision No. 3638/QD-BYT dated July 07, 2020, on promulgating the “Interim Guidance on Surveillance and Prevention of COVID-19”;

Pursuant to the Ministry of Construction’s Official Dispatch No. 3373/BYT-MT dated August 23, 2021, on strengthening the COVID-19 prevention and control at construction sites;

At the proposal of the Director of the Department of Construction in the Report No. 8922/TTr-SXD-TT dated September 15, 2021, and opinions of the Director of the Department of Health in the Official Dispatch No. 6575/SYT-NVY dated September 15, 2021.

DECIDES:

Article 1. To promulgate together with this Decision the criteria for the classification of works permitted to be built and guidance on COVID-19 prevention and control at construction sites in Ho Chi Minh City.

Article 2. This Decision takes effect from the date of its signing. Based on the implementation, the Ho Chi Minh City Steering Committee for COVID-19 Prevention and Control shall consider amending and supplementing criteria according to the pandemic prevention and control in the City.

Article 3. Chief of Office of the People's Committee of Ho Chi Minh City, Directors of the Department of Construction and the Department of Health, Heads of departments, agencies and sectors of the City, Chairpersons of People's Committees of districts and Thu Duc City, Chairpersons of People's Committees of wards, communes, and townships, relevant organizations and individuals shall be responsible for the implementation of this Decision./.

CRITERIA

For classification of works permitted to be built

and guidance on COVID-19 prevention and control at construction sites

(Attached to the Decision No. 3327/QD-BCD dated September 15, 2021, of the Head of Ho Chi Minh City Steering Committee for COVID-19 Prevention and Control)

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1. Criteria for classification of works permitted to be built

a) For the “new normal¹”/green areas

- Construction works serving the pandemic prevention and control;

- Works under national important projects, key projects of the City in accordance with decisions of the competent authorities; works constructed under emergency orders in accordance with the law on construction; national defense and security works that have been built;

- Works used for industrial production, transport, agriculture, and rural development purposes, works providing technical infrastructure facilities and utilities outside urban areas and far from residential areas;

- Construction works about to be completed which have great socio-economic significance when being put into operation (the performed volume reaches over 80%); works under construction must continue to be built to ensure the engineering of works, the safety of community life or prevent affecting or causing unsafety to adjacent works;

- Construction works in industrial parks, industrial clusters, and export processing zones; works repairing and renovating factories and equipment within the premises of the enterprises;

- Construction works, other public, industrial, and traffic works in localities.

b) For the “very high-risk”, “high-risk” and “moderate-risk” areas

All construction activities at construction sites of works located in the “very high-risk”, “high-risk” and “moderate-risk” areas must be halt, except for construction works serving the pandemic prevention and control and construction works constructed in cases of emergency as requested by the City.

2. Safe conditions for the work to continue to be built

2.1. Employees directly working at the work permitted to be built must have a “COVID-19 green card”², comply with the 5K rule, and conduct periodical antigen testing. Units directly involved in activities at the work must commit to employ 100% of employees who have been granted "COVID-19 green cards" or satisfy equivalent conditions.

- People with a “COVID-19 green card” are allowed to participate in the production and social activities according to the level of pandemic control of the City.

- People who have received the first dose of the COVID-19 vaccine (for the type requiring two doses) are allowed to engage in limited activities depending on the working environment conditions, the level of infection risk, and the importance of the activity.

2.2. Conditions for grant of a “COVID-19 green card”

- A person shall be granted a “COVID-19 green card” if he/she fully satisfying the following conditions:

(1) Having a negative test result for SARS-CoV-2 (rapid test or RT-PRC test) for occupations requiring testing as prescribed.

(2) Having been vaccinated or have recovered from COVID-19.

(3) Not being in close contact with F0 cases within 14 days.

Regarding conditions for vaccination: Having received at least one dose of COVID-19 vaccine, for the type requiring two doses. Two weeks after being vaccinated; for the type requiring only one dose: two weeks after being vaccinated. For persons who have received one dose (for the type requiring two doses), their scope of activities and contact shall be more limited than those of fully vaccinated persons.

Regarding conditions for people who have recovered from COVID-19: People who have recovery from SARS-CoV-2 and have hospital discharge papers or written certifications of completion of quarantine period provided by the Steering Committees for COVID-19 Prevention and Control of wards, communes, or townships. Written certifications of completion of quarantine period shall be granted for F0 cases who subject to home-quarantine as prescribed or F0 cases who carry out the test by themselves, self-quarantine at home and are certified by the leader of the residential group or certified by medical groups taking care of F0 cases at home managed by medical universities, the “oxygen ATM” charity organizations, the volunteers being retired doctors, etc. Others who fail to certify their recovery from COVID-19 shall be vaccinated.

2.3. Implementation plan

- Before implementing activities at the work, the project owner and construction contractor shall develop a plan on pandemic prevention and control at the construction site and send it to the People’s Committee of commune or ward where the construction work is located.

- Works permitted to be built must comply with the Guidance on COVID-19 prevention and control at construction sites promulgated together with the Ministry of Construction's Document No. 3373/BXD-GD dated August 23, 2021, and regulations of specialized agencies on COVID-19 prevention and control, and shall be monitored by the state management agencies in charge of constructions and local authorities.

- The organization of construction must comply with the principle that safety and protection of health and working environment go hand in hand. The project owner and contractors engaged in activities at the work shall take responsibility before the law for the case of disease spreading at the construction site.

- If organizations and individuals engaged in construction activities fail to ensure the above-mentioned requirements, they must suspend their operations for safe pandemic prevention and control./.

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¹ Determination according to the Decision No. 2686/QD-BCDQG dated May 31, 2021, of the National Steering Committee for COVID-19 Prevention and Control, promulgating the Regulation on assessment of risk levels and administrative measures to prevent and control COVID-19 pandemic.

² A COVID-19 green card is a certification of COVID-19 vaccination history or the recovery from COVID-19 of an individual which is integrated on the electronic health declaration application of Ho Chi Minh City.