Nghị quyết 16/NQ-CP

RESOLUTION

ON QUARANTINE AND HEALTHCARE EXPENSES AND PARTICULAR REGIMES IN COVID-19 PREVENTION AND CONTROL

THE GOVERNMENT

Pursuant to the Law on Governmental Organization dated June 19, 2015; the Law on amendments to the Law on Governmental Organization and the Law on Organization of Local Governments dated November 22, 2019;

Pursuant to the Law on Prevention and Control of Infectious Diseases dated November 21, 2007;

Pursuant to Decree No. 138/2016/ND-CP dated October 1, 2016 of the Government on promulgation of Working Regulations of the Government;

At the request of the Minister of Health and opinions of members of the Government,

HEREBY RESOLVES:

Article 1. Quarantine and healthcare expenses during quarantine period

1. Foreigners and overseas Vietnamese, upon entry into Vietnam, if not subject to concentrated quarantine shall:

a) follow the order to take COVID-19 diagnosis test by the health facility and have to bear the test expenses according to applicable health service charges.

The above regulation shall not be applicable to members of high-ranking diplomatic delegations, foreign investors, business managers, experts and guests invited by Ministers, Heads of ministerial-level agencies, Governmental agencies and Presidents of Provincial People’s Committees. The order to take screening test for these cases shall be subject to decision of the Ministry of Health and the inviting agency. The cost of COVID-19 diagnosis test shall be exempt or at the expenses of the test takers shall be subject to decision of the Ministers, Heads of ministerial-level agencies, Governmental agencies or Presidents of Provincial People’s Committees.

b) agencies and organizations that invite entrants shall have to notify the local Department of Health about the list of the entrants and addresses of their accommodations for organization of medical surveillance and COVID-19 diagnosis.

2. Foreigners and overseas Vietnamese, upon entry into Vietnam, subject to concentrated quarantine shall:

a) have to have a valid international insurance certificate guaranteeing medical check and treatment in Viet Nam that is conformable with the length of their stay in Vietnam.

b) have to isolate themselves at hotels or resorts (not being quarantined in military barracks, military schools, or other facilities chosen by the competent authorities as concentrated quarantine facilities).

c) and bear following expenses:

- the expense for transport from port of entry to quarantine facility;

- the expense for COVID-19 diagnosis according to applicable health service charges;

- Subsistence expenses (including disinfection and sterilization cost; cost of protection, security, order and other expenses) based on the rates announced by the hotels, resorts, or owners of means of transport.

3. Vietnamese people who go abroad for working, studying, tourism, medical treatment and visiting their relatives shall have to be quarantined at concentrated camps when they return to Viet Nam.

a) If they choose to isolate themselves at hotels and resorts, they have to pay for related services as prescribed in point c clause 2 Article 1 hereof.

b) If the returnee, upon decision of the People’s Committee of province, shall be quarantined in a military barrack, military school, or another facility chosen by the competent authority as concentrated quarantine facility, he/she shall bear the following expenses:

- the expense for transport from port of entry to quarantine facility;

- the expense for COVID-19 diagnosis according to applicable health service charges;

- the expense for meals, equivalent to VND 80,000/person/day;

- the subsistence expense during the concentrated quarantine period (drinking water, face towels, face masks, hand sanitizers, oral disinfectant solution, toothbrush, soap, necessities and other expenses), equivalent to VND 40,000/person/day.

If a returnee subject to concentrated quarantine is member of a poor or near-poor household, expenses will be covered by the State as prescribed in point b hereof.

4. Vietnamese people who are sent abroad by competent regulatory authorities for working, studying; members of overseas Vietnamese agencies, accompanying spouses and juvenile children shall have to be quarantined at concentrated camps when they return to Viet Nam.

a) If they choose to isolate themselves at hotels and resorts, they have to pay for related services as prescribed in point c clause 2 Article 1 hereof. Their expenses for COVID-19 diagnosis shall be covered by the State.

b) If they are quarantined in military barracks, military schools, or other facilities chosen by the competent authorities as concentrated quarantine facilities, the expenses incurred as prescribed in point b clause 3 Article 1 hereof shall be covered by the State.

5. Vietnamese people in Vietnam subject to concentrated quarantine shall:

a) If they choose to isolate themselves at hotels and resorts, they have to pay for related services as prescribed in point c clause 2 Article 1 hereof.

b) If they are quarantined in health facilities, military barracks, military schools, or other facilities chosen by the competent authorities as concentrated quarantine facilities, they shall pay the expense for meal of VND 80,000/person/day to the quarantine facilities; the expenses below shall be covered by the State:

- the expense for transport from place where the suspect is found to the quarantine facility;

- the expense for COVID-19 diagnosis;

- the subsistence expense during the concentrated quarantine period (drinking water, face towels, face masks, hand sanitizers, oral disinfectant solution, toothbrush, soap, necessities and other expenses), equivalent to VND 40,000/person/day.

If a person subject to concentrated quarantine is member of a poor or near-poor household, expenses will be covered by the State as prescribed in point b hereof, including the meal expense of VND 80,000/person/day

6. Persons engaged in pandemic prevention and control, subject to concentrated quarantine, are eligible to allowances specified in Clause 4, Article 1 hereof.

7. During the concentrated quarantine period, if a quarantined person suffers another disease which requires examination and treatment, the payment for examination and treatment expenses is as follows:

a) The holder of health insurance card shall be entitled to health insurance fund’s coverage rate of permissible medical costs as if he/she takes examination and treatment with appropriate-level referral. For co-payment costs and costs not covered by the health insurance (if any), the quarantined person shall bear them according to the regulations of the law on health insurance.

b) Persons who do not have health insurance cards shall pay the full costs of medical examination and treatment at applicable health service charges.

Article 2. Anti-pandemic allowances

1. The anti-pandemic allowance of VND 300,000/person/day is applicable to:

a) Those who supervise, investigate and verify the pandemic situation.

b) Those who, in person, examine, diagnose and treat people suffering from COVID-19 or suspected of having COVID-19 in quarantine areas of the health facilities.

c) Those who take, pool, split samples, those who do the SARS-CoV-2 tests in person at health facilities.

d) Those who clean, disinfect, and kill pathogens in the treatment areas for people with COVID-19.

2. The anti-pandemic allowance of VND 200,000/person/day is applicable to:

a) Those who transport patients and medical specimens; preserve the patient's corpse; wash fabrics and doctor's and patient's clothes; collect chemical bottles, jars and boxes; protect quarantine and treatment areas; clean, disinfect and kill pathogens in quarantine areas at health facilities.

b) Those in charge of epidemiological and medical surveillance at home-based quarantine and quarantine at health facility as designated by regulatory agencies.

c) People who are in charge of washing tools and preparing culture medium at health facilities for the SASR-CoV-2 laboratories.

3. The anti-pandemic allowance of VND 150,000/person/day is applicable to:

a) Those on duty at concentrated quarantine facilities (not applicable to the form of home-based or residence-based quarantine).

b) Those in charge of enforcement of quarantine or search of people who have to take the quarantine measure but fail to comply with it.

c) Interpreters, first-aid teams via hotline 115, quarantine crew; drivers who transport officers to check, supervise, prevent and control the pandemic.

d) Those in charge of pandemic control at groups, posts, trails, openings across the border line; complete procedures for people on entry at the checkpoint gates and seaports.

dd) Those in charge of localization, blockade, patrol, control and security and order in concentrated quarantine areas, pandemic control posts in residential areas with people with COVID-19.

e) Those in charge of disinfecting at health facilities (excluding the entities specified at Point d, Clause 1 of this Article), concentrated quarantine facilities, residential areas being zoned or blocked under decisions of competent authorities.

g) Those in charge of triage at health facilities while the facilities receive and treat patients with COVID-19.

4. Allowance for permanent anti-pandemic staff of VND 130,000/person/day is applicable to the entities specified in Clause 2, Article 3 of the Prime Minister's Decision No. 73/2011/QD-TTg of December 28, 2011 (excluding the entities specified in Clause 7 of this Article).

5. The meal allowance of VND 80,000/person/day is applicable to those on duty at the concentrated quarantine facilities (not applicable to home-based or residence-based quarantine), triage and completion of procedures for entrants; wardens of quarantine areas in residential areas as designated by regulatory agencies; those in charge of pandemic control in groups, posts, trails and openings across the border; health workers who are on duty 24/24 at quarantine and treatment facilities to take care of and treat people suffering and suspected of COVID-19.

6. Gratuities for reporters, journalists, collaborators and volunteers participating in anti-pandemic period

a) The rate is 130,000 VND/person/day for reporters and journalists who, in person, go to COVID-19 health facilities; blocked residential areas with people infected with COVID-19; trails, openings across the border to get information about pandemic prevention and control, the number of reporters and journalists eligible for gratuities shall be subject to decision of the Ministry of Information and Communications, the Steering Committee for COVID-19 prevention and control depending on each period. 

b) The rate is 130,000 VND/person/day for collaborators and volunteers directly or jointly participating in anti-pandemic activities.

c) The rate is 80,000 VND/person/day for collaborators and volunteers directly disseminating and mobilizing the people, distributing leaflets or participating in drills.

7. Allowances for the Steering Committee for COVID-19 prevention and control at all levels

a) Members of steering committees at all levels, sub-committees and assistance groups of the Steering Committee, when participating in the prevention and control of the pandemic specified in this Article, are entitled to the corresponding anti-pandemic allowance rates applied to those groups.

b) Members specified at Point a of this Clause, during the days when performing their permanent duties and directing anti-pandemic according to the assignment decisions of heads of the anti-pandemic steering committees at all levels, shall receive an allowance of 100,000 VND/person/day but not more than 1,500,000 VND/person/month.

Article 3. Sources of funds

1. The state budget shall set aside funds as per the applicable law on state budget and state budget decentralization. The central state budget shall support local budgets that find difficulties in balancing according to the regulations of the Prime Minister.

2. The health insurance fund shall cover examination and treatment costs according to the provisions of the health insurance law and this Resolution.

3. Aids, grants and support of domestic and foreign organizations and individuals and other lawful capital sources.

Article 4. Grant of allowances

1. The anti-pandemic allowances specified in Article 2 of this Resolution shall be granted from the date of the first occurrence of the person infected with or suspected of COVID-19 but not earlier than the date of the pandemic as prescribed in Clause 2 of Article 1 Decision No. 447/QD-TTg dated April 1, 2020 of the Prime Minister on the declaration of COVID-19 pandemic until the date when there are no more people infected with or suspected of COVID-19 in the province or central-affiliated city.

2. The duration for which the anti-pandemic allowance is granted as specified in Article 2 of this Resolution is the actual number of days of anti-pandemic participation as assigned by competent authorities, including days off, public holidays and New Year.  The heads of agencies and units shall, depending on actual circumstances, decide and take responsibility for the assignment of people to participate in anti-pandemic action.

3. Employees of a health facility are entitled to the anti-pandemic allowances from the date on which the health facility admits the infected or suspected COVID-19 person until the date on which there is no infected or suspected COVID-19 patient in the facility. Particularly for the entities specified at Point c, Clause 1 and Point c, Clause 2, Article 2 of this Resolution, they are entitled to allowances based on the actual number of days of testing performance.

During the time of being assigned to provide healthcare for patients with COVID-19, if they are assigned additional permanent duties at the health facility, they may receive an additional permanent allowance as prescribed in Article 2 of the Decision. No. 73/2011/QD-TTg dated December 28, 2011 of the Prime Minister on specific allowances for officials, public employees and employees in public health facilities and anti-pandemic allowances.

4. If an employee of a preventive medicine facility participating in anti-pandemic is entitled to varied allowances prescribed in Article 2 of this Resolution, he/she will be granted the highest allowance rate.

5. For cases where the COVID-19 pandemic has not been announced yet but the participants in anti-pandemic have to undertake the pandemic supervision, investigation and verification as assigned by the competent authorities, they may also receive anti-pandemic allowances specified in this Resolution.

6. Anti-pandemic participants who have received the allowance rates specified in Article 3 of Decision No. 73/2011/QD-TTg dated December 28, 2011 of the Prime Minister are entitled to receive extra amounts to reach the corresponding anti-pandemic allowance rates specified in Article 2 of this Resolution.

7. Agencies and units assigned to assume the prime responsibility for pandemic prevention and control, medical examination and treatment and concentrated quarantine shall fully and promptly pay the allowances specified in Articles 1 and 2 of this resolution to the following:

a) Entities under their management.

b) Entities under the management of other relevant agencies and units, superior agencies, units, and other local agencies and units sent to support pandemic prevention and control at their agencies or units (if any).

c) Collaborators and volunteers participating in concentrated quarantine and anti-pandemic at their respective agencies and units.

8. Agencies and units may use service revenues, grants and support sources of domestic and foreign organizations and individuals to pay anti-pandemic allowances to those outside the prescribed scope of Article 2 of this Resolution with allowance rates not exceeding 70% of allowance rates for the entities specified in Article 2 of this Resolution.

Article 5. Entry into force

1. This Resolution comes into force as of the date of its signing and supersedes the Government's Resolution No. 37/NQ-CP dated March 29, 2020 on certain specific regimes in COVID-19 pandemic prevention and control.

2. The specific regimes specified in this Resolution will be implemented during the COVID-19 pandemic prevention and control. Other regimes which are not specified in this Resolution shall comply with applicable law.

3. Vietnamese people in Vietnam subject to concentrated quarantine before the date of entry into force of this Resolution who have quarantine expenses covered by the state as prescribed in Resolution No. 37/NQ-CP dated March 29, 2020 of the Government, may be further so entitled as per the Resolution No. 37/NQ-CP until the end of the concentrated quarantine period.

4. Entrants to Vietnam who complete the concentrated quarantine at military barracks, military schools or other facilities designated by regulatory agencies, during the period from August 24, 2020 to the effective date of this Resolution, if the concentrated quarantine facility has not yet collected or fully collected the fee for centralized quarantine, it may file an expenditure statement corresponding to the unpaid amount or insufficient amount from the state budget estimate for anti-pandemic according to the state budget decentralization.

5. Foreigners who enter Vietnam before the effective date of this Resolution and are under concentrated quarantine after the effective date of this Resolution shall have to pay, at his/her own, for SARS-CoV-2 testing, transportation, meals, accommodation and daily life activities specified at Points b, c, Clause 2 and Points a and b, Clause 3, Article 1 of this Resolution.

6. The Minister of National Defense or the President of provincial People's Committee shall consider using state budget set aside for anti-pandemic or other legal funds to cover the quarantine expenses according to the prescribed rates equivalent to the amount which is not collected due to the fact that the entrants subject to quarantine are unable to pay.

Article 6. Implementation

1. The Ministry of Finance and the Ministry of Health shall implement this Resolution.

2. The Ministry of Public Security shall have to manage foreigners and coordinate with relevant agencies in quarantining foreign citizens and Vietnamese entering Vietnam according to regulations.

3. The Ministry of National Defense shall have to arrange military barracks and military schools to serve as concentrated quarantine facilities for Vietnamese people in Vietnam; and for entrants in the case of exceeding the concentrated isolation capacity of hotels, resorts and other establishments in the area.

4. People’s Committees of provinces and central-affiliated cities shall:

a) Arrange suitable hotels and resorts as a concentrated quarantine facilities for all cases of entry into Vietnam and Vietnamese people staying in the country upon request; direct hotels and resorts selected as concentrated quarantine places to commit and abide by the quarantine costs, not arbitrarily raising prices.

b) Arranging other facilities (not including the ones arranged by the military) as a concentrated quarantine places for the cases of citizens in the province or city that must take concentrated quarantine.

5. Competent agencies and organizations, when carrying out the procedures to permit foreigners and overseas Vietnamese to enter Vietnam, shall have to notify the expenses of concentrated quarantine to the entrants.

6. Health facilities assigned to receive, isolate, monitor and treat people suffering from COVID-19 shall organize isolation and treatment zones for such entities according to the guidance of the Ministry of Health.

7. Agencies and units assigned to assume the prime responsibility for concentrated quarantine at military barracks, military schools, and other local establishments (excluding quarantine at hotels and resorts, at home, places of residence, enterprises) shall be responsible for collecting relevant quarantine expenses that the quarantined persons must pay by themselves according to the provisions of Article 1 of this Resolution (using receipts for collection), organize meals, accommodation and activities to ensure safety, hygiene and convenience for people subject to concentrated quarantine.

8. Hotels and resorts selected as concentrated quarantine places, owners of transport means to transport quarantined people are responsible for fully implementing the instructions of the Ministry of Health on measures to prevent and control COVID-19 for quarantined people; comply with the public disclosure of the total cost of meals, accommodation, living and transportation costs for each person upon quarantine.

9. Regulatory agencies, units, organizations and enterprises shall have to fully implement the guidance of the Ministry of Health on measures to prevent and control COVID-19 pandemic at the workplace, study and residence of workers, students in order to minimize the spread of the pandemic, ensure the health, safety and hygiene of workers and students.  Funds for performing this task are within the assigned recurrent expenditure estimates in accordance with the law on state budget or operating funding sources as prescribed by law or recorded as deductible expenses when determining taxable income according to the corporate income tax law.

10. Ministers, Heads of Ministerial-level agencies, Heads of Governmental agencies, Presidents of People's Committees of centrally-affiliated cities and provinces shall implement this Resolution./.