Decision 3589/QD-BCD Ho Chi Minh City 2021 criteria for assessment of safe operations at production, business and commercial establishments

DECISION

On promulgating the set of criteria for assessment of safe operations in the prevention and control of COVID-19 at production, business and commercial establishments 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 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 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 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 Ministry of Health's Decision No. 4800/QD-BYT dated October 12, 2021, on 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";

Pursuant to the Ministry of Health’s Official Dispatch No. 5522/BYT-MT dated July 12, 2021, regarding the COVID-19 prevention and control plan template for production and business establishments and the form of commitment to prevent pandemic at boarding houses for workers;

Pursuant to the Ministry of Health’s Official Dispatch No. 6666/BYT-MT dated August 16, 2021, guiding the COVID-19 prevention and control at agencies and units;

Pursuant to the Decision No. 3201/QD-UBND dated September 01, 2021 of the Chairman of Ho Chi Minh City People's Committee on consolidating the Ho Chi Minh City Steering Committee for COVID-19 Prevention and Control;

Pursuant to the Directive No. 18/CT-UBND dated September 30, 2021 of the Chairman of Ho Chi Minh City People's Committee, on continuing to control and revise COVID-19 prevention and control measures and gradually restore and develop the social economy in Ho Chi Minh City;

In consideration of the proposal of the Director of the Department of Industry and Trade in the Report No. 4435/TTr-SCT dated October 09, 2021 and opinions of the Department of Health in the Official Dispatch No. 7407/SYT-NVY dated October 09, 2021.

DECIDES:

Article 1. To promulgate together with this Decision the set of criteria for assessment of safe operations in the prevention and control of COVID-19 at production, business, and commercial establishments in Ho Chi Minh City, including:

- Set of criteria for assessment of safe operations in the prevention and control of COVID-19 at supermarkets, shopping malls, mini marts, convenience stores, food retail stores in Ho Chi Minh City.

- Set of criteria for assessment of safe operations in the prevention and control of COVID-19 at traditional markets in Ho Chi Minh City.

- Set of criteria for assessment of safe operations in the prevention and control of COVID-19 at wholesale markets in Ho Chi Minh City.

- Set of criteria for assessment of safe operations in the prevention and control of COVID-19 at production establishments in Ho Chi Minh City.

- Set of criteria for assessment of safe operations in the prevention and control of COVID-19 at offices of production, business establishments and service providers in Ho Chi Minh City.

Article 2. This Decision takes effect on the date of its signing and replaces the Decision No. 3328/QD/BCD dated September 15, 2021, of Ho Chi Minh City Steering Committee for COVID-19 Prevention and Control.

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

SET OF CRITERIA
For assessment of safety in terms of the Covid-19 pandemic prevention and control in production and trading activities in Ho Chi Minh City
(Attached to the Decision No. 3589/QD-BCD dated October 15, 2021, of the Head of Ho Chi Minh City Steering Committee for COVID-19 Prevention and Control)

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I. SCOPE, SUBJECTS AND CONDITIONS OF APPLICATION

1. Scope of application

The establishments that trade and supply goods (supermarkets, commercial centers, mini supermarkets, convenience stores, food retail stores; traditional markets, wholesale markets); production establishments/enterprises; working offices of manufacturing, trading, and service-providing establishments in the City (hereinafter referred to as establishments).

2. Subjects of application

Employees and employers at the establishments; partners; customers purchasing and using goods and services provided by the above-mentioned establishments.

3. Conditions of application

3.1. Employees and employers at the establishments; partners; customers purchasing and using goods and services must be vaccinated against COVID-19 or have recovered from COVID-19 for less than 6 months or obtain a negative SARS-CoV-2 test result (Rapid test or RT-PCR) which remains valid as prescribed.

3.2. Conditions for safe operation

- People who have been vaccinated against COVID-19 (getting at least one dose for vaccines that require 2 shots and having been vaccinated for at least 14 days) or have been recovered from COVID-19 for less than 6 months (the green QR codes have been activated on “Ho Chi Minh City Health” or produce the following papers: (1) Papers proving the recovery from COVID-19 for less than 6 months; (2) Papers proving that they have received at least one dose of COVID-19 vaccine (for the type requiring 2 shots) for at least 14 days): can participate in production, business and social activities depending on the extent of the pandemic control of the City.

- For people who have not been vaccinated against COVID-19: Must obtain a negative SARS-CoV-2 test result (rapid test or RT-PCR) which remains valid as prescribed, they shall be prioritized to work online or at departments with limited contact and must commit to meeting the requirements of pandemic prevention and control.

II. PRINCIPLES OF OPERATION

Safety measures to prevent and control the pandemic must be ensured in accordance with the regulations and considered as a top principal factor. The establishments can only produce and trade when they meet the criteria for safe operation while preventing and controlling the COVID-19 pandemic. During the operation, employers, and employees at the establishments; partners and customers purchasing and using goods and services must strictly make health declarations, comply with the 5K rules when working, contacting other for work or making transactions.

Goods retail activities or trading and service-providing activities which deliver goods to customers via goods transfer services shall be carried out by contactless methods. In case of payment in cash, there must be separate trays to give and take the money; the goods must be delivered via intermediates to avoid direct contact.

III. CONDITIONS FOR OPERATION

The establishments shall be allowed to operate when they meet the criteria for assessing safety in terms of the COVID-19 pandemic prevention and control in the following fields:

1. The set of criteria for assessment of safe operations in terms of the COVID-19 pandemic prevention and control at supermarkets, commercial centers, mini supermarkets, convenience stores, food retail stores in Ho Chi Minh City (attached to Appendix 1).

2. The set of criteria for assessment of safe operations in terms of the COVID-19 pandemic prevention and control at traditional markets in Ho Chi Minh City (attached to Appendix 2).

3. The set of criteria for assessment of safe operations in terms of the COVID-19 pandemic prevention and control at wholesale markets in Ho Chi Minh City (attached to Appendix 3).

4. The set of criteria for assessment of safe operations in terms of the COVID-19 pandemic prevention and control at production establishments in Ho Chi Minh City (attached to Appendix 4).

5. The set of criteria for assessment of safe operations in terms of the COVID-19 pandemic prevention and control at working offices of manufacturing, trading, and service-providing establishments in Ho Chi Minh City (attached to Appendix 5).

IV. ORDER FOR ASSESSING THE SAFE OPERATIONS FOR COVID-19 PANDEMIC PREVENTION AND CONTROL AT THE ESTABLISHMENTS

1. The establishments shall self-assess and implement this Set of Criteria, take responsibility for the results of the assessment, and notify the competent agencies to inspect them (via safe COVID-19 portal https://antoan-covid.tphcm.gov.vn/). The establishments operating in export processing zones, industrial parks and high-tech parks shall notify such to the Management Board of Industrial Parks and Export Processing Zones and the Management Board of Hi-Tech Parks of the City. Other establishments shall notify to People’s Committees of Thu Duc City and other districts.

The self-assessment and implementation of these Criteria shall be conducted at each department, workshop, production line, production area, working cluster, office, etc. in the production and business establishments in order to ensure the promptly zoning and handling of COVID-19 cases on the principle of not affecting and maintaining safe operations of other production areas and business points.

2. The establishments must meet the prescribed criteria to be allowed to operate. During the operation, establishments must regularly review and assess these criteria. Any department, workshop, production line, production area, working cluster, office, etc. that fails to meet any criterion must suspend its operation and must take remedial measures and resumes operation after fully satisfying the prescribed criteria.

In case of suspending operation upon request of the competent agencies, the establishments may resume operations after obtaining appraisal and approval from competent agencies.

V. IMPLEMENTATION ORGANIZATION

1. The Department of Industry and Trade shall assume the prime responsibility for, and coordinate with the Department of Information and Communications, the Department of Health, Management Board of export Processing Zones and Industrial Parks of the City, People’s Committees of Thu Duc City and other districts shall implement and guide establishments to follow this Set of Criteria.

2. The City's Management Board of Industrial Parks and Export Processing Zones and the City’s Management Board of Hi-Tech Parks; the People's Committees of Thu Duc City and other districts shall assume the prime responsibility for, and coordinate with the Department of Industry and Trade and the related establishments in monitoring, supervising and inspecting the assessment of the safety in terms of the COVID-19 prevention and control of the establishments in the City; handling violations in accordance with the law provisions on pandemic prevention and control as well as other law provisions, and requesting the violating establishments to take remedial measures in order to be allowed to operate./.