Implement the “3 on the spot” option at enterprises that have received the enthusiastic response of workers while maintaining production and business and improving income, and at the same time ensuring Covid-19 prevention and safety. Many businesses have implemented and increasingly replicated this plan.
Due to the complicated situation of COVID-19 pandemic, in July 2021, certain areas in Vietnam such as Ho Chi Minh City, Binh Duong Province, Dong Nai Province, Long An Province and other provinces, cities are applicable strict social distancing measures under Directive No. 16/CT-TTg dated 30 March 2020 of the Prime Minister (“Directive No. 16”) in 14 days. From beginning August 2021, there is no sign of a decrease of the pandemic, the strict social distancing measures extend additional 14 days in these provinces, cities.
On 07 August 2021, the Ministry of Industry and Trade sent proposals for a modification of “3-on-the-spot” option and “one route, two destinations” option from business communities to the Ministry of Health. One of the proposals suggests that employees are allowed to reside at home with quarantine as F1 does and move to work at the enterprises’ premises; the employees move between the two destinations on a fixed route without stops. An application of the new option requires the employees’ commitment to the enterprises and the enterprises’ commitments to the competent authorities.
Before this new option will be approved by the Ministry of Health and guided by the local competent authorities, a production under “3-on-the-spot” option is conducted as below.
Here’s what you should know about the production under a “3-on-the-spot” option
For a purpose to follow the dual goals of the Government “epidemic prevention and economic growth” at the same time, the Ministry of Labour – Invalids and Social Affairs, the General Labour Union and the Vietnam Chamber of Commerce and Industry (“VCCI”) jointly issued Official Dispatch No. 2242/LDTBXH-TLD-PTM dated 14 July 2021 Guidance on applicable options for the concurrent isolation and production arrangement in enterprises and manufacturing entities (“Official Dispatch No. 2242”). According to Official Dispatch No. 2242, enterprises can maintain productions under two options:
- “3-on-the-spot” option means the option of employees to temporarily work, eat and sleep on-site; or
- “one route, two destinations” option means the option where the employees are transported from concentrated accommodation (e.g., hotels, dormitories, other concentrated residences) to working places and vice versa.
The options mentioned above are hereby referred to as “3-on-the-spot” option.
Pursuant to Official Dispatch No. 2242, provinces, cities, districts issue official dispatches to detail eligible conditions that enterprises must meet for application of production under the “3-on-the-spot” option. Generally, the enterprises meet the following conditions:
a. Have low risk of COVID-19 infection – under 30% in accordance with Decision No. 2194/QD-BCĐQG (“Decision No. 2194”).
b. Have commitment on ensuring safety measures regarding COVID-19 prevention and control; have resolution plans if a COVID-19 infected case is recorded – in accordance with Decision No. 2787/QD-BYT dated 05 June 2021 of the Minister of Health (in prescribed resolution plans attached to Official Dispatch No. 5522/BYT-MT dated 12 July 2021 of the Ministry of Health).
a. Have a plan for production under the “3-on-the-spot” option in which places used production and living must be under control of food hygiene safety, security and production safety.
b. Have the employees’ agreement to participate the production under the “3-on-the-spot” option;
c. The employees who participate the production under the “3-on-the-spot” option must have negative SARS-CoV-2 following procedures guided by the competent authorities. For example, in Binh Duong Province, procedures for testing SARS-CoV-2 are below:
- For enterprises having not F0, F1: all of the employees must have SARS-CoV-2 rapid test at the first time and the employees must immediately enter the concentrated accommodation areas after having negative SARS-CoV-2 virus test result. Three days later, all of the employees must have SARS-CoV-2 rapid test done. After that, the enterprises must carry out weekly SARS-CoV-2 rapid test for at least 20% the employees who participate a “3-on-the-spot” option.
- For enterprises previously having F0, F1 and then released the lockdown by the competent authorities: all of the employees participating the “3-on-the-spot” option must have RT-PCR test done and have negative SARS-CoV-2 virus test results, effectively in 12 hours. Three days later, all of the employees must have SARS-CoV-2 rapid test done. After that, the enterprises must carry out weekly SARS-CoV-2 rapid test for at least 20% the employees who participate a “3-on-the-spot” option.
d. Proactively propagate all of the rules on the pandemic prevention, all of support policies from the competent authorities to the employees to avoid panic, disorder and un-secure stations inside the enterprises.
e. Carry out support policies to the employees who are suspended from works, take leave without pay, terminate labour contract with the enterprises in accordance with Resolution No. 68/NQ-CP date 01 July 2021 of the Government, Decision No. 23/2021/QD-TTg dated 07 July 2021 of the Prime Minister.
For further information, you may contact Ms. Uyen Tran, Partner at BR LAW FIRM (VIETNAM), email: firstname.lastname@example.org