On Mar 31st, 2020, the Vietnam Prime Minister has issued a directive
on social isolation to implement some urgent measures to prevent and control Covid-19
epidemic. There have not such incidents in the past therefore
it is unclear on enforcement in legal implementation. In our opinions,
this directive is more about suggested voluntary actions of each individual.
In summary, according to
the directive, social isolation is applied throughout Vietnam from Apr 1st to
Apr 15th, 2020. It is not prohibited to go out of the house
but it is suggested only people with real needs should go out i.e. to buy food,
gas, medicine and other emergencies. Government officer will be working
from home. Private enterprises are also suggested to let people to work from
home. There are business places allowed to be opened for providing
essential products, and services. If the manufacturing sites and offices need
to be opened to continue its production or business activities, they have to
follow safety instructions i.e. not gathering more than two people, keep the
distance of minimum 2m, always wear masks, clean hands frequently, disinfect
the work place.
From legal aspects,
there will be many unforeseen negative issues and subsequent legal consequences
in disputes in labour relations, disputes in contract performance, disputes in
business transactions, disputes between individuals and government authorities…
arisen due to conflicts resulted from the social isolation. It is
suggested that parties refer to the contracts, regulations and prepare for
proper actions. In this case, disputed parties consider to negotiate to
achieve common grounds with each others. If negotiation fails, disputes
lawyers could be referred to for prior consultations and further steps.
To learn more about the
directive of the Vietnam Prime Minister, please refer to our translated version
below by associates of ANT Lawyers.
DIRECTIVE on the
implementation of urgent measures to prevent and control Covid-19 epidemic
The Covid-19 epidemic
broke out globally, affecting over 72,000 people, nearly 3.5 million people
died in over 200 countries and territories and there was no sign of stopping.
In Vietnam, the number of cases is increasing rapidly day by day and there is a
high risk of infection in the community. It is predicted that the disease will
spread rapidly on a large scale, seriously threatening human life, human health
and socio-economic of the country.
In carrying out the call
of the General Secretary, President Nguyen Phu Trong, with the spirit of
putting great importance to the health and life of the people above all, to
continue to proactively prevent and control epidemics, Prime Minister The
Government requested ministries, ministerial-level agencies, government-attached
agencies and People’s Committees of provinces and centrally-run cities to
concentrate on implementing the proposed epidemic prevention measures,
especially Directive No. 15/CT-TTg March 27, 2020, in compliance with the
instructions of the National Steering Committee for Covid-19 prevention and
control, effective implementation of the following urgent measures:
1.To perform social
isolation within 15 days from 0:00 on April 1st, 2020 on a national
scale according to the principle that the family is isolated from the family,
the village is isolated from the village, the commune is isolated from the
commune, the district is isolated from the district, the province is isolated
from the province, workshops, manufacturing plants must ensure a safe distance,
wear masks, disinfect according to regulations. Request people to stay at home,
only to go out in case of necessity such as buying food, medicine, emergency,
working at factories, production establishments, service-providing
establishments and essential goods without being shut down and other emergency
cases; strictly observe the minimum distance of 2m when communicating; do not
concentrate more than 2 people outside the workplace, school, hospital and in
public places.
The Prime Minister asked
the entire population to voluntarily abide by the requirements, measures to
prevent and control epidemics, actively participate in voluntary medical
declaration, to fully implement measures to protect themselves and their
families and participate responsibly with the prevention and control activities
of functional agencies and the community; the heads of enterprises, production
establishments, and goods and service business establishments are responsible
for applying epidemic prevention and control measures at their establishments,
ensuring the health and safety for employee.
2.The Ministry of
Health, the Ministry of Public Security, the People’s Committee of Hanoi City
and the People’s Committee of Ho Chi Minh City must be speedy, determined,
mustering all resources and all measures to thoroughly handle “outbreak”at Bach
Mai Hospital (Hanoi), Buddha Bar (Ho Chi Minh City); enlist every hour and
every minute to trace and apply appropriate measures to all cases of risk,
contact with patients and passers “outbreak”; continue to urge people to go
back and forth through these “outbreaks” of medical reports and contact
requests for testing. Request the Ministry of Public Security to coordinate
with the health sector to make a list of people involved in the activities of
Truong Sinh Company at risk of infection to monitor health, supervise,
quarantine and promptly handle thoroughly source of the disease.
Relevant People’s
Committees of provinces and cities closely coordinate with Ministries and 2
Cities to perform this task well. Carry out family isolation, medical
declaration for classification, testing and concentrated isolation if necessary
for those who have been to and from Bach Mai Hospital since March 12th,
2020; assign grassroots administrations to organize close supervision at each
family.
The Ministry of Public
Security and the provincial People’s Committee continue to urgently carry out
medical review and examination, update the health status of people who have
entered from March 8th, 2020 but have not applied isolation; make a
list of people who have direct contact and close contact to classify screening,
apply appropriate isolation measures (concentrated isolation, at home,
accommodation establishments).
3.State agencies and
units shall arrange for officials, public servants and public employee to use
information technology working at home; only those cases that are really
necessary such as combat duty, duty of the agency, supply of essential goods
and services, processing confidential documents and other necessary tasks are
required to work at the office; strengthen online meeting organization. The
head of the organization is responsible for the infection of officials and
employees because of not strictly observing the regulations on prevention and
control of epidemics at the workplace.
4.The Ministry of
Transport and People’s Committees of provinces and cities shall direct
basically stop public passenger transport activities. Minimize the movement
from one locality to another; stop moving from epidemic areas to other
localities, except for special cases due to official duties and cases of
provision of food, foodstuffs, necessities, shuttle buses for workers and
experts of businesses, transporting production materials.
5.To assign the Ministry
of Health:
a) Direct hospitals to
implement strict procedures and management to avoid cross-contamination in
hospitals; strictly control, require mandatory medical declaration for
patients, family members, caregivers; only one carer per patient; stop visiting
patients at health facilities. There are strict rules on admitting patients,
not allowing an infected individual to affect the operation of the entire
hospital.
b) Propose specific
mechanisms and policies to support domestic enterprises in manufacturing
medical equipment and instruments, especially ventilators, patient monitors,
infusion machines, dialysis machines, reporting Deputy Prime Minister Trinh
Dinh Dung directed.
c) Report to the Prime
Minister the options, scenarios and emergency response in case of epidemic
emergencies in the afternoon of March 31st, 2020.
d) Organize and arrange
the continuation of medical examination and treatment at Bach Mai Hospital
(Hanoi), ensuring safety for health workers, health workers and people at the
request of the Steering Committee and the Ministry of Health.
d) Review and handle the
recommendations of the Hanoi People’s Committee, support and create conditions
for Hanoi to control epidemics in the locality.
6.The Ministry of Health
shall synthesize and periodically publish 2 times/day positive test results in
localities, ensuring accuracy.
7.Temporarily close the
main and secondary border gates for passersby from 00:00 April 1, 2020 on the
border lines with Laos and Cambodia. Strictly control the entry through
international border gates on road border routes; All immigrants from Laos and
Cambodia must be concentrated in isolation for 14 days.
8.The Ministry of
Defense shall direct, organize and expand concentrated isolation facilities,
separate new and isolated cases which are not isolated; strengthening the
management of trails and openings on border routes.
9.The Ministry of Public
Security shall intensify directing the assurance of order and security,
preventing crimes, especially in rural areas.
10.The Ministry of
Finance shall direct the General Department of Customs to handle problems
related to the export of cloth masks; Require insurance businesses not to
introduce and deploy insurance packages related to Covid-19 epidemics.
11.The ministries,
branches, localities and the press agencies continue to promote information and
propaganda in support of the people’s health protection policy, rectify a
number of headlines that cause confusion and misunderstandings. The person in
charge of prevention and control of non-verbal epidemic causes panic among the
people.
12.The Ministry of
Industry and Trade and the People’s Committees of localities pay attention to
ensuring essential commodities, food and foodstuffs for the people.
Signed by Vietnam Prime
Minister.
ANT Lawyers is a law firm in Vietnam located in the business centers of Hanoi, Danang, Ho Chi Minh city. We provide convenient access to our clients. Please contact our lawyers in Vietnam for advice via email ant@antlawyers.vn or call our office at +84 28 730 86 529
