Resolution 128/NQ-CP 2021 on Interim Regulation on safe and flexible adaptation to COVID-19 pandemic

INTERIM REGULATION

On “safe and flexible adaptation and effective control over the COVID-19 pandemic”

(Attached to the Government's Resolution No. 128/NQ-CP dated October 11, 2021)

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The World Health Organization, scientists and countries believe that the COVID-19 pandemic cannot be completely put under control before 2023, and it is possible that new strains of the virus which are more dangerous may appear, making the pandemic complicated and unpredictable. However, the vaccination coverage and treatment drugs may contribute to reducing the number of severe illnesses, deaths as well as the incidence of infection. Therefore, many countries have changed their strategy in response to the pandemic, from trying to stamp out it to safe living with it.

For Vietnam, some experiences have been initially drawn from the practice of pandemic prevention and control; the response capacity of the health system has been gradually improved; the vaccination coverage, especially for high-risk groups, is rapidly increasing in large cities, helping Vietnam to be more proactive in pandemic prevention and control.

From the actual situation and analysis opinions of scientists, experts, opinions of localities and the National Steering Committee for COVID-19 Prevention and Control, the Government has determined that the key task of the pandemic prevention and control work is maximum protection of the People's life and health, socio-economic recovery and development, social security, social order and safety assurance; and changed the pandemic prevention and control strategy to “safe and flexible adaptation and effective control over the COVID-19 pandemic”.

The Government promulgates the Interim Regulation on “safe and flexible adaptation and effective control over the COVID-19 pandemic” (hereinafter referred to as the Regulation).

I. OBJECTIVES

To maximally protect the people's health and life; to minimize infected cases, severe illness development, and deaths due to COVID-19; to restore and develop the economy, ensure security, social order, and safety; realize the dual goals of bringing the whole country to a new normal as soon as possible, striving in 2021.

While the rate of vaccination coverage is being accelerated but has not yet reached universal coverage and drugs for COVID-19 treatment are being developed and put into use, but there are no specific drugs, to ensure the consistency in the implementation of regulations and instructions of ministries and sectors, at the same time, promote the initiative and creativity of the locality in controlling the pandemic, create conditions for the production and business restoration and socio-economic development, bring people's daily life gradually back to the new normal state; 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.

II. VIEWPOINTS

1. The dual goals must be ensured while the priority is given to the people’s health and life. Solutions for pandemic prevention and control must be taken on a scientific basis, in compliance with practice and conditions of the country. The people shall be best protected against the pandemic; facilitated to access to the healthcare services, in an earliest and fastest manner from the grassroots; without causing congestion for traffic and production.

2. To promote the leadership and direction of the Party; to mobilize the entire political system; to uphold the responsibility of the Party committees and governments at all levels, uphold the responsibility of the heads in preventing and controlling the pandemic, and realizing the dual goals, while promoting the initiative and creativity of governments at all levels, especially at the grassroots level.

3. In the prevention and control of the pandemic, pandemic prevention shall be considered as the basis and long-term target; health staff, army and police shall be considered as the core force, with the participation of all forces and social levels. To promote the central role of citizens and enterprises in pandemic prevention and control, safe production, business and living.

4. Solutions on safe and flexible adaptation and effective control over the COVID-19 pandemic must be implemented decisively, promptly and drastically; to ensure harmony between medical professional solutions with administrative, socio- economic solutions. Medical solutions must be taken consistently among quarantine and testing, treatment and vaccines on the principle of “quarantine and testing are the key, vaccines and drugs are prerequisites”.

III. CLASSIFICATION, ASSESSMENT AND DETERMINATION OF PANDEMIC RISK LEVELS

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.

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.

3. Criteria used for assessing the pandemic risk levels

a) The number of new infections in the community/population/time.

b) The vaccine coverage rate (attention is paid to the high-risk age group, the percentage of people receiving the first dose or fully vaccinated).

c) Receipt and treatment capacity of different administrative levels (specifying the current receipt and treatment capacity and plan to raise capacity).

4. Determination of pandemic risk levels

a) The Ministry of Health shall guide criteria and methods for the pandemic risk level assessment and determination;

b) On the basis of the Ministry of Health's Guidance on pandemic risk level assessment and determination, and the actual situation of the pandemic in localities, People's Committees of provinces and centrally-run cities shall decide to change the pandemic risk levels. In case of changing the pandemic risk level to a higher level, it is necessary to notify the people, organizations, and enterprises 48 hours in advance for preparation.

IV. CORRESPONDING MEASURES

Medical measures including quarantine, testing, treatment and vaccination shall be taken at all levels under the Ministry of Health's instructions.

1. For organizations, agencies and enterprises

2. For individuals:

V. IMPLEMENTATION PROVISIONS

1. This Regulation applies nationwide. Based on guidelines of the Ministry of Health and ministries, sectors and People’s Committees of provinces and cities shall decide on appropriate administrative measures, including specific regulations and guidance on capacity and the number of people participating in production, business, service, culture, art activities, crowded events, etc., and may flexibly take additional measures which are not contrary to regulations of central authorities; without causing congestion of goods circulation, production and business, travel and daily life of the people. In case regulations and guidance of central authorities are no longer appropriate, it is required to timely report the promulgating agencies. Agencies promulgating regulations and guidance shall promptly issue directions to remove difficulties and at the same time, study and amend such regulations and guidance.

2. The provincial People’s Committee shall decide on isolation (outbreak blockade) as quickly and narrowly as possible and implement activities to ensure social security and healthcare services so that people can rest assured to comply with regulations on pandemic prevention and control.

3. To temporarily not apply Clause 1, Article 1 of the Government’s Resolution No. 86/NQ-CP dated August 06, 2021 and the Prime Minister's Directives No. 15/CT-TTg dated March 27, 2020, No. 16/CT-TTg dated March 31, 2020 and No. 19/CT-TTg dated April 24, 2020, and the Decision No. 2686/QD-BCDQG dated May 31, 2021 of the National Steering Committee for COVID-19 Prevention and Control. If it is necessary to take pandemic prevention and control measures in the whole province or centrally-run city with stricter measures provided in this Regulation, the provincial People’s Committee shall report the Ministry of Health and the Prime Minister.

VI. IMPLEMENTATION ORGANIZATION

1. Ministries, ministerial-level agencies, and government-attached agencies shall

a) Promulgate new guidelines or update and amend issued guidelines and strengthen to direct the implementation to ensure the motto of safe and flexible adaptation and effective control over the COVID-19 pandemic under the management for localities, agencies, organizations and individuals;

b) Timely remove difficulties and handle arising issues related to the pandemic prevention and control in localities;

c) Conduct the procurement for the COVID-19 prevention and control according to regulations in a public, transparent manner; ensure thrift, prevent and combat negativity, waste and corruption;

d) Timely reward; strictly handle violations of law regulations on COVID-19 prevention and control.

2. The Ministry of Health shall

a) Promulgate guidelines on criteria for classification and assessment of pandemic risk levels and medical measures; in which, attention is paid to the factor of getting vaccinated against COVID-19 or recovery from COVID-19 in regulations related to travel, quarantine, production, business organization and participation in crowded events;

b) Continue to take solutions to improve capacity for the health system, especially preventive medicine and healthcare at grassroots level; to implement the national COVID-19 vaccination campaign in a safe, scientific and effective manner; develop a roadmap to give COVID-19 vaccines for children and COVID-19 vaccine booster shots;

c) Update and publicize pandemic-hit areas and pandemic risk levels in all localities on the Ministry of Health's e-portal to serve as a basis for taking measures to manage people from pandemic-hit areas and other localities;

d) Assume the prime responsibility for, and coordinate with the Ministry of Public Security and the Ministry of National Defence in, timely supporting localities in case the pandemic develops beyond their control.

3. The Ministry of National Defence shall

a) Continue to strengthen control to ensure security of borders, trails and crossings;

b) Continue to mobilize military force, military medical force, chemical troops, border guards, militia and self-defense forces to closely coordinate with the health sector and localities in pandemic prevention and control; participate in the production, supply of equipment, supplies and help people in the quarantine areas.

4. The Ministry of Public Security shall

a) Preside to organize functional forces to ensure order and security, social security and cybersecurity, especially at grassroots and quarantine areas and zones; strengthen to prevent and combat crimes, especially those who oppose functional forces in COVID-19 prevention and control; strictly handle those who take advantage of pandemic prevention and control policies;

b) Continue to closely cooperate with the Ministry of Health, provinces and cities in, organizing, implementing and arranging forces to participate in COVID-19 prevention and control and social security assurance;

c) Connect the population database and database on vaccination, testing and management of those who have recovered from COVID-19 to consistently apply QR codes on citizen’s identity cards (or appropriate forms for those who have not been granted new citizen’s identity cards), serving the management of citizens’ movement and COVID-19 prevention and control.

5. The Ministry of Information and Communications shall

a) Preside to promote information technology application in pandemic prevention and control; technical standards for connection, ensuring safety and security of information, personal data of citizens;

b) Assume the prime responsibility for, and coordinate with the Central propaganda and training commission in, directing press agencies and grassroots-level information systems to proactively and promptly provide information and disseminate knowledge about COVID-19 prevention and control;

c) Direct information and communications agencies to strengthen propaganda for the consensus and trust of the society; promote citizens’ voluntary and active pandemic prevention and control; provide measures for safe and flexible adaptation and effective control over the COVID-19 pandemic, raise citizens’ awareness in the new situation.

6. The Ministry of Labor, Invalids and Social Affairs shall

a) Assume the prime responsibility for organizing the implementation of regimes and policies to support those affected by COVID-19;

b) Assume the prime responsibility for, and coordinate with relevant agencies in, proposing solutions to ensure social security and support children, employees and employers; proposing solutions to restore the labor market.

7. The Ministry of Foreign Affairs shall

Continue to promote health diplomacy, especially vaccine diplomacy, monitor and synthesize countries' experiences on safe adaptation to COVID-19 to promptly inform domestic agencies. Propose plans for “vaccine passports” and “mutual recognition of vaccine passports”.

8. The Ministry of Industry and Trade shall

a) Direct the work of securing goods, raw materials and energy to meet the requirements of production and business recovery, socio-economic development;

b) Assume the prime responsibility for, and coordinate with agencies in, proposing competent authorities to remove difficulties and obstacles for important industrial projects; providing best support for factories to maintain and restore their production to keep orders, supply chains.

9. The Ministry of Agriculture and Rural Development shall

a) Proactively and rationally adjust agricultural production plans to avoid supply shortages in the near future. Search out domestic raw materials to produce feed for cattle and poultry, reducing the dependence upon imported sources;

b) Actively seek markets for agricultural products, especially those in key animal husbandry and agricultural production areas; and closely coordinate with the Ministry of Transport, the Ministry of Industry and Trade and localities in ensuring favorable conditions for the transportation and consumption of agricultural products.

10. The Ministry of Transport shall

a) Guide construction activities of traffic projects and works, ensuring safe and flexible adaptation and effective control over the COVID-19 pandemic;

b) Review guidance and plans for inter-provincial transport and traffic activities, goods circulation, ensuring the continuity of production and supply chains, etc. for safe and flexible adaptation and effective control over the COVID-19 pandemic.

11. The Ministry of Construction shall

a) Guide construction activities of construction projects and works, ensuring safe and flexible adaptation and effective control over the COVID-19 pandemic;

b) Update requirements of ensuring prevention and control of COVID-19 pandemic and infectious diseases in construction master plans, especially housing master plans for workers in industrial parks and clusters, etc.

12. The Ministry of Natural Resources and Environment shall

a) Review guidance on settlement, transportation of wastes generated in COVID-19 pandemic prevention and control;

b) Direct the strengthening of capacity for safe waste treatment in COVID-19 pandemic prevention and control.

13. The Ministry of Finance shall

Propose mechanisms and solutions to ensure resources for pandemic prevention and control; perfect institutions, mechanisms and policies to promote the community participation and public-private partnership for pandemic prevention and control.

14. The Ministry of Planning and Investment shall

a) Assume the prime responsibility for formulating and perfecting strategies and plans for socio-economic recovery and development;

b) Assume the prime responsibility for, and coordinate with relevant agencies in, proposing solutions to remove difficulties and support enterprises; preferential policies to attract foreign investors.

15. The Ministry of Education and Training shall

a) Coordinate with the Ministry of Health in reviewing the guidance on COVID-19 prevention and control in education and training activities;

b) Continue to carry out solutions to ensure the safe and effective implementation of the 2021-2022 school year, in line with the pandemic situation in each locality;

c) Coordinate with the Ministry of Health in organizing the immunization for students at ages eligible for vaccination.

16. The Ministry of Culture, Sports and Tourism shall

Review and guide the safe and flexible adaptation and effective control over the COVID-19 pandemic.

17. The Ministry of Science and Technology shall

Mobilize scientists and experts in researching and proposing solutions to COVID-19 pandemic prevention and control; strengthen research and implementation of research programs, scientific and technological tasks on vaccines, biological products, equipment, etc. for COVID-19 pandemic prevention and control.

18. The Ministry of Justice shall

a) Assume the prime responsibility for, and coordinate with relevant agencies in, proposing to eliminate institution bottlenecks, amending law regulations causing obstacles and hindering production and business activities in pandemic situation;

b) Assume the prime responsibility for, and coordinate with relevant agencies in, proposing the application of regulations on sanctioning administrative violations due to objective circumstances and impacts of the COVID-19 pandemic.

19. The Ministry of Home Affairs shall

a) Review guidance on the operation of religious, belief and worship establishments, places and activities, ensuring COVID-19 pandemic prevention and control;

b) Advise the Government and the Prime Minister to launch emulation movements in COVID-19 pandemic prevention and control, socio-economic recovery and development. Coordinate with the Ministry of Health, ministries, sectors and localities in timely proposing commendation for collectives and individuals with outstanding achievements in COVID-19 pandemic prevention and control and economic recovery.

20. The Committee for Ethnic Affairs shall

a) Coordinate with the Ministry of Health, Ministry of Information and Communications and localities to strengthen persuading citizens in ethnic minority areas to participate in COVID-19 pandemic prevention and control;

b) Coordinate with the Ministry of Labor, Invalids and Social Affairs in proposing support policies to ensure social security for ethnic minorities affected by the COVID-19 pandemic.

21. The Government Inspectorate shall

Direct the organization of periodic and irregular inspection in COVID-19 pandemic prevention and control for negative act prevention, anti-corruption and waste combat.

22. The State Bank of Viet Nam shall

Propose credit solutions to support enterprises, organizations and individuals for production and business recovery, and socio-economic development. Promote non-cash and contactless payment methods.

23. The Commission for the Management of State Capital at Enterprises shall

Propose solutions to support state-owned enterprises to restore their production, ensuring safe and flexible adaptation and effective control over the COVID-19 pandemic.

24. The Vietnam Academy of Science and Technology, the Vietnam Academy of Social Sciences shall

Strengthen scientific research on the pandemic, and pandemic prevention and control; the pandemic’s impacts on all aspects of society; recommend scientific solutions to the Government, the Prime Minister and the National Steering Committee for COVID-19 Prevention and Control to improve the effectiveness of COVID-19 pandemic prevention and control, restore production and business activities, carry out socio-economic development.

25. The Viet Nam News Agency, Viet Nam Television, Voice of Viet Nam shall

Strengthen communication work to create the society’s participation in implementing the change of strategies for COVID-19 pandemic prevention and control in accordance with this Resolution. Reflect and analyze the results of pandemic prevention and control, socio-economic recovery, promote the nation’s traditional values in pandemic prevention and control. Cheer and praise on a timely basis examples of collectives and individuals, anti-pandemic models, effective realization of dual goals.

Promote the provision of information on the situation and forecast of the pandemic in the world; scientific and technical advances, new solutions to pandemic prevention and control.

26. The Vietnam Fatherland Front, organizations and unions are required to:

a) Strengthen the coordination with authorities at all levels to encourage people in raising their awareness of, and voluntary compliance with, pandemic prevention and control measures; continue to encourage organizations and enterprises to both implement pandemic prevention and control, remedy for consequences caused by the pandemic and maintain, develop production and business activities, etc. promote all citizens’ spirit of creativity in pandemic prevention and control, realization of dual goals;

b) Proactively coordinate with authorities at all levels in effectively solving pressing social problems at grassroots level, participating in propaganda, advocacy and monitoring of the implementation of pandemic prevention and control measures at localities.

27. People's Committees of provinces and centrally-run cities shall

a) Formulate and organize the implementation of the plans for safe and flexible adaptation and effective control over the COVID-19 pandemic with a specific and feasible roadmap, ensuring effective control over the COVID-19 pandemic. Organize the effective implementation of pandemic prevention and control measures in line with pandemic development in each locality;

b) Comply with the Ministry of Health’s guidance on testing, quarantine and health monitoring for people coming from pandemic areas and other localities; people entering the country (including children who have not been vaccinated or have not got full doses of vaccine); people who have completed concentrated quarantine and may go smoothly to their places of residence/accommodation, workplace for production recovery and development;

c) Update information and data to serve the determination of pandemic risk level in accordance with the Ministry of Health’s guidance. Announce the pandemic risk level and corresponding measures, based on the pandemic situation in the locality;

d) Direct the implementation of measures to prevent and control the COVID-19 pandemic and restore economic development with the spirit of initiative, creativity, firmly grasping the situation, not being subjective; ensure the four-on-the-spot” motto; carry out the procurement for COVID-19 pandemic prevention and control in accordance with regulations, ensuring the publicity, transparency, avoiding negative acts, waste and corruption;

dd) Strengthen the urging and inspection work to the grassroots level, prepare necessary conditions to be ready to quickly respond to the pandemic development.

28. The Government assigns the Ministry of Health to assume the prime responsibility for, and coordinate with the Government Office in, monitoring the implementation of this Resolution, and promptly reporting on any problems (if any) to the Prime Minister.