On March 21, 2020, the Executive Decree in the Health Branch No. 12 was issued, through which extraordinary prevention and containment measures are established to declare the national territory as an area subject to sanitary control, in order to contain the COVID-19 pandemic, which were also announced by the President of the Republic on that same date. These measures are derived from Legislative Decrees number 593 and 594 approved on March 14 and 15, respectively, within the framework of the of national emergency decreed by the COVID-19 pandemic.
The purpose of decree number 12 is to declare the national territory as an area subject to sanitary control and to take extraordinary measures to prevent the danger of spread. The same is applicable to all natural and legal persons and public institutions, and therefore by the same a national quarantine is decreed so that no person may circulate or meet in the territory of the republic, except for the exceptions indicated in the decree.
People who are exempt from the application of this decree:
- Those whose activity is the acquisition of food and beverages, pharmaceutical products, medical treatments, and others that, as an emergency, must go to a healthcare center, markets or supermarkets for supplies of food and basic necessities, in this case, this task must be done by 1 person per family two times a week.
- People who move to their workplace or carry out their work, professional or business provision in the cases allowed by the decree and in the terms strictly allowed by the decrees issued by the Executive Branch from the Health Department related to containment measures in the areas of commercial and food activity, the public transport sector, the food activity, distribution of water through pipes, industrial activity and other applicable activities related to the attention of the national emergency due to the pandemic due to COVID-19, the employees of the media and the press, as well as those people who work in the Public Administration institutions that continue to provide their services due to the emergency, having to carry the pertinent institutional identifications.
- People whose purpose is to assist and care for children, the elderly, people with disabilities or especially vulnerable people due to chronic illnesses who must move to a place due to emergency or periodic medical attention, having to carry a letter of authorization from the identified employer with name, signature, Identification Number, address and contact telephone number of the employer.
- People whose essential activity is to travel to financial and insurance entities;
- Duly identified employees of the different health agencies, pharmacies, medical personnel, nurses whose work is caring for the elderly or people with medical conditions, medical and paramedical personnel, nurses, hospital and private clinic personnel, and employees whose work has been authorized to companies in the decree.
- People who due to an inevitable circumstance or fortuitous event or proven in extreme need situation must resort to specific places to solve their specific problem;
- Public employee whose institutions have to do exclusively with the fight against the Pandemic, such as all the dependencies of the Ministry of Health, FOSALUD, CONNA, ISNA, Firefighters, National Police, Migration, SIGET, Civil Aviation Authority, Customs and others mentioned in the Decree.
- Members of the Municipal Councils, members of Civil Protection and the Corps of Metropolitan Agents, administrative employees that are strictly necessary, cemeteries and municipal markets that are dedicated to the sale of basic basket products, cleaning utensils and pharmaceutical products.
- Magistrates, judges and court employees who, according to the Constitution and the National Emergency Law, cannot defer their constitutional activities, administrative employees of the Supreme Court of Justice and of the Institute of Legal Medicine duly accredited that their services are required in the emergency framework.
- People who provide distribution services for food and basic necessities delivery.
- Duly identified people from the National Civil Police, the Armed Forces, ambulances from medical, public and private emergency services, from the Ministry of Health, from Migration; of the National Directorate of Medicines and General Director of the Penal Centers.
- Deputies and administrative employees of Congress in the framework of the emergency, magistrates and employees of the Supreme Electoral Court that are necessary to fulfill their duties.
- People who work in freight vehicles for the transport of merchandise and distribution of merchandise and are part of the food supply chain for first necessity products or whose activity is the import or export of merchandise.
All private sector employees who are authorized to carry out their labor must carry a company identification card plus a letter from their employer authorizing their mobility from their home to the workplace.
Companies that are exempt from the application of this decree:
- Textile Industry Companies, which includes spinning, textile and finishing industries and those whose industry has as its purpose the production of goods and services that can be used in health matters or that are necessary for subsistence in the emergency, such as: food, cleaning products, toilet paper, sanitary towels, and similar.
- Call Center services whose purpose is the sale and delivery of food, airline service, electricity, telecommunications, banking and financial services and medical services;
- Security services, gas stations, passenger transport at half of its operational capacity, taxi service transport, private transport services, cargo transport of any category and means of communication.
- Public and private drinking water distribution service, as well as its construction and maintenance, water distribution services through pipes, postal services, mail and parcels, and funeral services.
- Aviation support services such as dispatchers, ground support, loading and unloading of aircraft, crews, maintenance of all types of equipment used in airports, Aeronautical maintenance and the similar.
- Agriculture and livestock, beekeeping and fish, agribusiness and its distribution chain.
- Financial services, such as banks, credit, financial, savings and loan companies, insurance services, securitization services, stock market funds, brokerage houses, commodity exchanges; and companies that manage pension funds.
- Services, public and private laboratories, health services such as public and private hospitals, private clinics except dental, veterinary services only in emergencies and others strictly related to health, as well as the distribution chain of all these items.
The health branch may grant operating authorizations for other vital industrial facilities for the population.
Likewise, the circulation of private vehicles on public roads will be allowed to carry out the activities referred to in the previous sections or gas stations or service stations supplying.
All people who are in any place without the corresponding justification will be taken by the public security authorities to the pandemic containment centers or to the establishment indicated by the Ministry of Health, where it will determine their quarantine or mandatory referral to their place of residence without prejudice of the corresponding criminal responsibilities.
When any person is detained by the National Police or the Armed Forces and the same indicates that they are going to a place or to perform one of the authorized activities and they cannot prove it, they will sign an affidavit, which the authorities will provide.
The companies that carry out any activity without authorization and in accordance with the provisions of said decree, will determine the temporary closure of the company.
As a compensation measure, a monthly compensation bonus of $ 300.00 per home will be given to people who do not have an employment relationship, no permanent income and who are economically affected by the pandemic, as long as said person complies with the established measures, likewise, public employees who carry out labors to fight COVID-19 will have a bonus of $ 150.00.
The decree will come into effect on the day it is published in the Official Gazette and its effects will end within 30 days from that date.