Decision 359/QD-BGTVT 2022 promulgating the Interim Guidance on transport activities in 3 sectors (roadway, inland waterway, maritime) for safe and flexible adaptation and effective control over the COVID-19 pandemic

DECISION

Promulgating the Interim Guidance on transport activities in 3 sectors (roadway, inland waterway, maritime) for safe and flexible adaptation and effective control over the COVID-19 pandemic

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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. 38/NQ-CP dated March 17, 2022, promulgating the Program on COVID-19 prevention and control;

Pursuant to the Prime Minister’s Directive No. 01/CT-TTg dated February 08, 2022, on urging the effective implementation of tasks after the Lunar New Year holiday in 2022;

Pursuant to the Ministry of Health’s Decision No. 218/QD-BYT dated January 27, 2022, 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”;

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.

DECIDES:

Article 1.  To promulgate the Interim Guidance on transport activities in 3 sectors (roadway, inland waterway, maritime) for safe and flexible adaptation and effective control over the COVID-19 pandemic with the following contents:

1. Scope of application

This Interim Guidance applies to transport activities in 3 sectors all over the country (roadway, inland waterway, maritime) for safe and flexible adaptation and effective control over the COVID-19 pandemic; at the same time, ensure inter-provincial transportation of goods, and organize inter-provincial public passenger transport in conformity with the situation of the COVID-19 pandemic.

2. Subjects of application

a) State management agencies, forces controlling the pandemic, transport business units in 3 sectors; internal transport units; car stations, roadside stations; seaports; inland waterway ports and wharves; other focal points for loading and unloading of goods;

b) Vehicle drivers, attendants on vehicles, persons accompanying vehicles (for freight transport and internal passenger transport, transport of workers, experts) and passengers joining traffic in 3 sectors;

c) Organizations and individuals involved in transport activities.

3. Classification and scope of assessment of pandemic risk levels

3.1. Pandemic risk classification

- Level 1: Low-risk (new normal) - labelled green;

- Level 2: Medium-risk - labelled yellow;

- Level 3: High-risk - labelled orange;

- Level 4: Very high-risk - labelled red.

3.2. 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.

4. Road transport (including internal transport), inland waterway transport, and maritime transport activities in level-1, level-2, level-3 or level-4 areas shall be allowed to operate, but measures to prevent and control COVID-19 must be fully implemented according to the requirements and instructions of the Ministry of Health and local healthcare.

5. Vehicle drivers (drivers, assistants, loading and unloading staff accompanying the vehicle; train drivers, sailors, loading and unloading staff accompanying ships), passengers joining traffic in 3 sectors (road, inland waterway, maritime) must satisfy the following requirements:

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 and quarantine: comply with the requirements and instructions of the Ministry of Health and local healthcare.

6. Transport units and enterprises, passenger car stations, roadside stations; seaports; inland waterway ports and wharves; other focal points for loading and unloading of goods in level-1, level-2, level-3 or level-4 areas shall be allowed to operate, but measures to prevent and control COVID-19 must be fully implemented according to the requirements and instructions of the Ministry of Health and local healthcare.

7. 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.

Article 2. Effect

1. This Decision takes effect from the date of its signing.

2. To annul the Minister of Transport’s Decision No. 1812/QD-BGTVT dated October 16, 2021, on 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; Document No. 10137/BGTVT-VT dated October 20, 2021, on coordinating and directing the implementation of the Interim Guidance on transport activities for safe and flexible adaptation and effective control over the COVID-19 pandemic and the Minister of Transport’s Document No. 1026/BGTVT-VT dated January 28, 2022, on adjusting a number of provisions on frequency and socially-distanced seating on vehicles in the Decision No. 1812/QD-BGTVT dated October 16, 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; seaports; inland waterway ports and wharves; other focal points for loading and unloading of goods; heads of relevant agencies, units, organizations and individuals shall implement this Decision./.

For the Minister

The Deputy Minister

Le Dinh Tho