PLAN TO RESUME BUSINESS OPERATIONS IN LONG AN PROVINE

Long An Province issued a plan to resume business operations. It contains information on the requirements for companies and employees for companies to resume operations. The authorities intend to have a 2 phase reopening, but the plan only contains details for the first phase from 16/9 to 15/10, not yet for 15/10 onwards.

20 Sep 2021

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LEGAL UPDATE

Since the fourth wave of the COVID-19 outbreak in Vietnam on 27 April 2021, Long An Province has been one of the most severe pandemic centres. It has recorded a very high number of positive cases. As of the first half of September, provincial pandemic prevention has achieved positive results. F0 cases and fatalities plunged significantly, while almost everyone has been vaccinated.

Therefore, in the context of subsiding pandemic, the People's Committee (PC) of Long An Province issued Plan No. 2962/KH-UBND on 13 September 2021 (Recovery Plan). This Recovery Plan helps to recover and resume enterprises' production and business activities in Long An Province.

 

1. Key Takeaways for Companies

The Recovery Plan aims to achieve "Double Goals" – the prevention of the pandemic shall be implemented in line with the economic development. The responsibility to prevent and control the pandemic is gradually shifted from the State authorities to companies and the citizens. Enterprises that are permitted to operate under the Recovery Plan in Long An Province shall strictly comply with regulations on pandemic prevention under the laws and the guidance of the relevant authorities (Authorities).

The Recovery Plan shall be implemented in two phases, starting 15 September 2021. For each phase, enterprises shall meet specific obligations as set out in the Recovery Plan.

 

2.  Phases of the Recovery Plan
2.1 Phase 1: from 15/9/ to 15/10/2021 
2.1.1  Group of Companies Permitted to Operate

The following companies can operate during this phase:

  • Companies which have followed and have been certified for the "3-On-Site-Model";

  • Companies with their businesses falling into the production and sales of essential commodities and services as stipulated in Official Letter No. 4481/BCT-TTTN of the Ministry of Industry and Trade dated 27 July 2021; or

  • Companies participating in the global supply chain (as subsidiaries, branches, representative offices of multinational companies).

 2.1.2 Requirements for Employment and Management of Employees

All employees participating in production activities on site must satisfy the following conditions:

  • Reside in Long An Province; employees being professional experts or holding managerial positions should manage the business remotely, and in case they need to enter Long An from other provinces, such employees must comply with safety regulations issued by the Authorities and must reside in the Long An following the guidance of the Authorities;

  • Be fully vaccinated or have received the first shot of the vaccination at least 14 days before the start date; and

  • Have been issued with negative test results for COVID-19 by RT-PCR method conducted within 72 hours before the start date.

2.1.3      Requirements for Companies

Companies must satisfy the following conditions:

  • Strictly comply with regulations regarding prevention of COVID-19 in accordance with the laws and guidance of Health authorities;

  • Use only up to 50% of the employees in comparison with the pre-COVID total;

  • Arrange for employees to either stay on-site following the "3-On-Site-Model" and "On-Site-Medical" or stay at their residences, or both;

If employees stay at their residence, the companies shall arrange vehicles and have a gathering point for picking up the half-vaccinated employees. The gathering point, driver information, vehicle number, route information should register with the Authorities. The companies shall ensure compliance with regulations on pandemic prevention set out under the Recovery Plan for transportation. Fully-vaccinated employees could use their private vehicles;

  • Provide the list of employees to the Authorities within 3 days from the date of re-operation;

  • Cooperate with the Authorities during the operation of the business in managing on-site employees, and ensure that employees comply with regulations on pandemic prevention upon returning to their residences.

  • Arrange specialised areas to quarantine F0 and F1.

  • Establish medical departments to control the disease situation on the companies' premises. If companies cannot do so, they must enter into a contract with medical institutions for the same purpose.

 2.1.4      Conduct COVID-19 Tests

During operation, companies must conduct periodical COVID-19 tests for employees as follows:

  • Employees who routinely have direct contact with outsiders are subject to rapid tests for antibodies or RT-PCR tests (single sample or pooled samples of no more than 10 persons) at least once per 7 days.

  • Other employees are subject to rotational rapid tests for antibodies or RT-PCR tests (single sample or pooled samples of no more than 10 persons) at least once per 7 days. For each time, at least 20% of employees in this group must be tested.

2.1.5  Positive Cases

If an employee becomes an F0, companies shall promptly:

  • Notify health authorities and relevant competent authorities;

  • Cease its operation. If companies comprise of separate departments, factories, production chains, only the relevant area must cease operation, and the remaining departments may continue operating;

  • Put such F0 employees in quarantine and trace for F1, F2 cases.

Upon completing (i) the quarantine of F0 employees for treatment, (ii) quarantine and tracing of F1, F2 cases, and (iii) disinfecting work areas and testing for other employees, companies can operate again.

 2.1.6  General Obligations

In case of a COVID-19 outbreak due to an objective reason, companies shall be solely responsible for handling and preventing the pandemic and bear all arising costs and expenses. On the other hand, if there is a COVID-19 outbreak due to a subjective reason, in addition to the obligations to bear all arising costs and expenses, companies shall be subject to punishment by law.

2.2 Phase 2: from 15/10/2021 onwards

Regulations for this phase are not yet provided in the Recovery Plan. Depending on the pandemic development, the PC of Long An Province shall issue further regulations.

 

For more information, please contact:

 

An Tran / Senior Associate

an.tran@acsvlegal.com  

 

Thien Pham / Junior Associate

thien.pham@acsvlegal.com

© 2021 ACS Legal Vietnam Company Limited – All rights reserved

This legal update is not an advice and should not be treated as such.

Download pdf: Plan to Resume Business Operations in Long An Province

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