Decision No. 3900/QD-UBND dated November 16, 2021 on provisional measures for "safe, flexible adaptation to and effective control of Covid-19" in Ho Chi Minh City

DECISION

PROVISIONAL MEASURES FOR "SAFE, FLEXIBLE ADAPTATION TO AND EFFECTIVE CONTROL OF COVID-19" IN HO CHI MINH CITY

THE PEOPLE’S COMMITTEE OF HO CHI MINH CITY

Pursuant to the Law on Local Government Organization dated June 19, 2015;

Pursuant to the Law dated November 22, 2019 on amendments to the Law on Government Organization and the Law on Local Government Organization;

Pursuant to the Government’s Resolution No. 128/NQ-CP dated October 11, 2021 on provisional regulations on "Safe, flexible adaptation to and effective control of Covid-19";

Pursuant to Decision No. 4800/QĐ-BYT dated October 12, 2021 of the Ministry of Health on Provisional guidelines on medical specialty for implementation of Resolution No.128/NQ-CP;

Pursuant to Directive No. 18/CT-UBND dated September 30, 2021 of the President of the People’s Committee of Ho Chi Minh City on continuation of Covid-19 control, revisions to anti-Covid measures and step-by-step economic recovery and development in Ho Chi Minh City;

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At the request of the Director of Department of Health in Document No. 8487/TTr-SYT dated November 13, 2021 and opinions of other Departments and authorities of Ho Chi Minh City.

DECIDES:

Article 1.Provisional Regulations on Measures for "Safe, Flexible Adaptation to and Effective Control of Covid-19" in Ho Chi Minh City are promulgated together with this Decision (in the Appendix enclosed herewith).

Article 2. Effect

1. This Decision comes into force from the day on which it is signed.

2. The Decision replaces regulations of the People’s Committee of Ho Chi Minh City and the President of the People’s Committee of Ho Chi Minh City in: Clause 3 and Clause 4 Section II of Directive No. 18/CT-UBND dated September 30, 2021; Clause 1 of the Appendix of Plan No. 3515/KH-UBND; Official Dispatch No. 3231/UBND-ĐT dated September 30, 2021; Official Dispatch No. 3232/UBND-ĐT dated September 30, 2021 on cooperation in transport of workers from other provinces to Ho Chi Minh City in new situations; Official Dispatch No. 3250/UBND-ĐT dated October 01, 2021; Official Dispatch No. 3251/UBND-ĐT dated October 01, 2021 on cooperation and assistance for necessary travel of people; Official Dispatch No. 3252/UBND-ĐT dated October 01, 2021 on enabling commute, safe restoration of production and business; Official Dispatch No. 3569/UBND-KT dated October 27, 2021 of the People’s Committee of Ho Chi Minh City on food and beverage services.

Article 3. Organization of implementation

1. Chief of Office of the People’s Committee of Ho Chi Minh City, heads of Departments and authorities of the City, Presidents of the People’s Committees of districts and Thu Duc City; Presidents of the People’s Committees of  communes, relevant organizations and individuals are responsible for the implementation of this Decision; Continue to strictly implement the contents of Directive No. 18/CT-UBND dated September 30, 2021 of the President of the People’s Committee of Ho Chi Minh City and Plan No. 3515/KH-UBND No. 3515/KH-UBND dated October 22, 2021 of the People’s Committee of Ho Chi Minh City that are not replaced in Clause 2 Article 2 of this Decision, and adhere to the following principles:

a) Strictly implement directives of the Government, the Prime Minister, the National Steering Committee for Covid-19 Control, regulations and instructions of the Ministry of Health. From November 16, 2021, the people shall use the application "PC-COVID" of the National Steering Committee for Covid-19 Control when participating in the activities specified in this Decision.

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c) The application of measures and socio-economic activities shall be based upon evaluation of Covid-19 situation.

d) The people, enterprises and authorities are encouraged to take initiatives in Covid-19 prevention and control, socio-economic recovery and development of the City.

2. Heads of Departments and authorities of the City shall, within the scope of their functions and tasks, promptly provide guidance on implementation of this Decision in their organizations and their field; carry out management, inspection, supervision and taking of actions against violations as per regulations.

3. Department of Health shall take charge and cooperate with relevant units in proposing revisions to this Decision to the People’s Committee of Ho Chi Minh City according to developments Covid-19 situation in the City./.

ON BEHALF OF
THE PEOPLE’S COMMITTEE
PRESIDENT




Phan Van Mai

APPENDIX I

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1. The participant shall have received at least 01 dose of Covid-19 vaccine (for vaccines that require 02 doses) for more than 14 days or has been recovered from Covid-19.

2. In case a person cannot be vaccinated against Covid-19 due to contraindications, it is required to have a confirmation of contradictions issued by a heath authority (according to instructions of Department of Health).

3. Children under the vaccination age may participate in the same activities when accompanied by vaccinated adults.

4. Effective testing requirements shall be applied to specific activities specified in Appendix II and Appendix III.

APPENDIX II

PROVISIONAL PROVISIONS FOR CONDITIONS FOR PARTICIPATION IN CERTAIN ACTIVITIES AT VARIOUS EPIDEMIC LEVELS IN HO CHI MINH CITY
(Promulgated together with Decision No. 3900/QĐ-UBND dated November 16, 2021 of the People’s Committee of Ho Chi Minh City)

* Operation of workplaces and offices, transport, education:

MEASURES

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Level 2

Level 3

Level 4

1. Operation of offices

Have a plan and implement anti-Covid measures.

(*) Reduce the number of people working at the office; increase the online work as prescribed by the People’s Committee of Ho Chi Minh City. Specific activities shall be prescribed by the People’s Committee of Ho Chi Minh City and the Department of Internal Affairs, except the forces assigned to participate in Covid-19 control under.

(**) Only allow up to 2/3 of the total number of officials, civil servants and employees at the workplace.

(****) Only allow up to 1/2 of the total number of officials, civil servants and employees at the workplace.

An organization or unit that wishes to have more employees at the workplace has to obtain a written approval from the People’s Committee of Ho Chi Minh City.

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Allowed

Allowed with restrictions
(*)(**)

Allowed with restrictions
(*)(***)

2. Public road transport, inland waterway transport, maritime transport

Implement anti-Covid measures specified by the Ministry of Transport during passenger transport and satisfy the following conditions:

(8) Operate according to the Criteria for safe transport against Covid-19 in Ho Chi Minh City (except social distancing in vehicles).

(**) Operate according to the Criteria for safe transport against COVID-19 in Ho Chi Minh City; practice social distancing in vehicles.

(***) Run up to 50% of the total trips, or allow up to 50% of the vehicles to operate (except vehicles for transport of employees and experts; vehicles for transport of patients, quarantined people and performance of other duties as instructed by the Department of Transport). During operation, fulfill the Criteria for safe transport against COVID-19 in Ho Chi Minh City (especially 5K rules and up to 50% passenger capacity of the vehicle).

(****) Suspend public transport by bus, fixed routes, transit vehicles, passenger transport under contracts, tourism, inland waterway and maritime passenger transport. Taxies, vehicles with fewer than 9 seats operating under electronic contracts, vehicles for transport of employees and experts, patients, quarantined people, and performance of other duties assigned by Department of Transport. During operation, fulfill the Criteria for safe transport against COVID-19 in Ho Chi Minh City (especially 5K rules and up to 50% passenger capacity of the vehicle).

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Allowed (*)

Allowed with conditions
(**)

Allowed with restrictions
(***)

Allowed with restrictions and conditions
(****)

3. Air and railway passenger transport

Implement anti-Covid measures specified by the Government, the Prime Minister and the Ministry of Transport during passenger transport, and satisfy the following conditions:

(*) Fulfill the Criteria for safe transport against COVID-19 in Ho Chi Minh City.

(**) Operate according to the plan (for specific number of trips and frequencies), instructions of the Ministry of Transport and the Criteria for safe transport against COVID-19 in Ho Chi Minh City.

(***) Restricted operation serving urgent or official duties, and other cases according to regulations of the Ministry of Transport and the Criteria for safe transport against COVID-19 in Ho Chi Minh City.

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Allowed with conditions
(*)

Allowed with restrictions and conditions
(**)

Allowed with restrictions
(***)

4. Passenger transport by motorbikes:

4.1. Operation of registered ride-hailing motorbike taxis

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(*) Operate up to 50% of the motorbikes of each unit and implement anti-Covid measures instructed by the Department of Transport.

Department of Transport shall announce permissible operations according to announced epidemic levels.

Allowed with conditions
(*)

Allowed with restrictions and conditions
(**)

Not allowed

Not allowed

4.2. Traditional motorbike taxis

(*) Comply with instructions on Covid-19 safety of the Department of Transport.

Allowed with conditions
(*)

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Not allowed

Not allowed

5. Transport of goods within Ho Chi Minh City of from Ho Chi Minh City to other provinces and vice versa

Transport of goods is permitted according to the Ministry of Transport. Transport of goods in urban areas of Ho Chi Minh City shall comply with Decision No. 23/2018/QĐ-UBND dated July 19, 2018 on restricted operation of cargo vehicles and trucks and grant of licenses for operation thereof in urban areas of Ho Chi Minh City and the Criteria for safe transport against COVID-19 in Ho Chi Minh City.

(*) Registered tech-based delivery drivers (shippers) may only operate within Ho Chi Minh City according to Covid-19 situation. The Department of Industry and Trade shall take charge and cooperate with the Department of Transport in imposing the maximum quantity of operating vehicles of each unit at a time and provide guidance on implementation of anti-Covid measures during their operation.

The Department of Transport shall announce specific permissible activities and provide instructions on implementation of anti-Covid safety measures in the City.

Allowed

Allowed

Allowed

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6. The people's travel and commute

Strictly comply with 5K rules (Facemask – Distance – Health declaration – Disinfection – No gathering); use QR codes while using public roads in PC-COVID application.

(*) People that participate in inter-provincial travel shall be fully vaccinated and tested according to instructions of the Ministry of Health, implement anti-Covid measures of the province of destination.

(**) Avoid inter-provincial travel; people who participate in inter-provincial travel shall be fully vaccinated and tested and implement medical monitoring measure according to instructions of the Ministry of Health or the province of destination.

No restrictions

No restrictions

Allowed with conditions
(*)

Allowed with restrictions
(**)

7. Driver training, driving test and issuance of driving licenses

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(**) Driver training, driving test and issuance of driving licenses shall fulfill the Criteria for safe transport against COVID-19 in Ho Chi Minh City (up to 50% of capacity of class rooms, test rooms and in vehicles).

(**) Driver training, driving test and issuance of driving licenses shall fulfill the Criteria for safe transport against COVID-19 in Ho Chi Minh City (up to 25% of capacity of class rooms, test rooms and in vehicles).

(****) Issuance and replacement of driving licenses shall satisfy Covid-19 safety requirements according to instructions of the Department of Transport. Application of level 4 public services is recommended.

Allowed (*)

Allowed with conditions
(**)

Allowed with restrictions and conditions
(***)

Not allowed (except issuance of driving licenses) (****)

8. Postal transportation

Fulfill the Criteria for Evaluation of Safety against Covid-19 of central authorities and the City.

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Allowed

Allowed

Allowed

Allowed with conditions
(*)

9. Education and training (face-to-face teaching)

(*) Ensure Covid-19 safety as instructed by the Ministry of Education and Training and the Ministry of Health.

(**) Teaching time, student quantity and suspension of certain activities shall comply with instructions of the Ministry of Education and Training. Combine face-to-face teaching with online teaching and teaching on TV.

Specific activities shall be prescribed by the People’s Committee of Ho Chi Minh City and the Department of Education and Training.

Allowed (*)

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Allowed with restrictions
(*)(**)

Not allowed

APPENDIX III

PROVISIONAL PROVISIONS FOR CONDITIONS FOR PARTICIPATION IN CERTAIN ACTIVITIES AT VARIOUS EPIDEMIC LEVELS WITHIN WARDS, COMMUNES AND COMMUNE-LEVEL TOWNS
(Promulgated together with Decision No. 3900/QĐ-UBND dated November 16, 2021 of the People’s Committee of Ho Chi Minh City)

* Other activities:

MEASURES

Level 1

Level 2

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Level 4

1. Crowded indoor and outdoor activities shall ensure Covid-19 safety (except other activities specified in later parts)

1.1. Indoor activities (meetings, training, conventions, festivals, art performances, sport events, weddings, funerals, etc.)

Fulfill the Criteria for Evaluation of Safety against Covid-19 of central authorities and Ho Chi Minh City.

"Maximum capacity" means the maximum number of people that may be present at a time with a distance between two people of at least 1 m.

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(**) Not exceeding 50% of maximum capacity; ensure the distance of ≥ 2m.

(***) Not exceeding 25% of maximum capacity; ensure the distance of ≥ 2m.

Allowed (*)

Allowed with restrictions and conditions
(**)

Allowed with restrictions and conditions

(***)

Not allowed

1.2. Outdoor activities (festivals, art performance, sport events, weddings, funerals, etc.)

Fulfill the Criteria for Evaluation of Safety against Covid-19 of central authorities and Ho Chi Minh City.

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(*) Unlimited number of participants but must not exceed maximum capacity; ensure the distance of ≥ 1m.

(**) Not exceeding 75% of maximum capacity; ensure the distance of ≥ 1.5m.

(***) Not exceeding 50% of maximum capacity; ensure the distance of ≥ 2m.

(****) Not exceeding 25% of maximum capacity; ensure the distance of ≥ 2m.

Allowed (*)

Allowed with restrictions and conditions (**)

Allowed with restrictions and conditions (***)

Allowed with restrictions and conditions (****)

2. Operation of units executing construction projects, traffic works (including maintenance), construction works

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- Group 1: Mandatory for all construction works in the city, to be specific:

+ For detached house construction works: Apply Criterion No. 1, 2, 3, 4, 5 promulgated together with Decision No. 3619/QĐ-BCĐ dated October 15, 2021 of HCMC Steering Committee for Covid-19 control.

+ For other construction works: Apply Criterion No. 1, 2, 3, 4, 5, 6, 10, 11, 12 promulgated together with Decision No. 3619/QĐ-BCĐ dated October 15, 2021 of HCMC Steering Committee for Covid-19 Control.

+ Construction of traffic works (including maintenance) (***) shall comply with instructions of the Ministry of Transport and the Criteria for Safe Transport Against COVID-19 in Ho Chi Minh City. The Department of Transport shall provide guidance on implementation in areas with epidemic level 3 and level 4.

(**) Group 2: In addition to the criteria applied to Group 1, Criteria No. 7, 8, 9 promulgated together with Decision No. 3619/QĐ-BCĐ dated October 15, 2021 of HCMC Steering Committee for Covid-19 Control shall also apply to construction works in areas with epidemic level 3 and level 4.

Specific activities shall be prescribed by the Department of Construction.

Allowed (*)

Allowed (*)

Allowed with restrictions
(*)(**)

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3. Manufacturing facilities

(*) Have a plan and take responsibility for implementation of anti-Covid measures. Make sure the operation fulfill the Criteria for Evaluation of Safety against Covid-19 in manufacturing facilities in Ho Chi Minh City, regulations and guidance of central authorities and relevant authorities.

Specific activities shall be prescribed by the Department of Industry and Trade.

Allowed (*)

Allowed (*)

Allowed (*)

Allowed (*)

4. Supermarkets, shopping malls, mini supermarkets, convenience stores, food retailing stores

(*) Make sure the operation fulfill the Criteria for Evaluation of Safety against COVID-19 in supermarkets, shopping malls, mini supermarkets, convenience stores, food retailing stores in Ho Chi Minh City, regulations and guidance of central authorities and relevant authorities.

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Specific activities shall be prescribed by the Department of Industry and Trade.

Allowed (*)

Allowed (*)

Allowed (*)

Allowed with restrictions
(**)

5. Traditional markets

(*) Make sure the operation fulfill the Criteria for Evaluation of Safety against COVID-19 in traditional markets in Ho Chi Minh City, regulations and guidance of central authorities and relevant authorities.

(**) Operation is restricted and must fulfill the Criteria for Evaluation of Safety against COVID-19 in traditional markets in Ho Chi Minh City, regulations and guidance of central authorities and relevant authorities. Limit the number of people being present at a time: only allow food vendors in the market, reduce capacity of the market; increase online sale; reduce the number of vendors, assistants, customers, etc. at a time according to actual situation.

Specific activities shall be prescribed by the Department of Industry and Trade.

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Allowed (*)

Allowed (*)

Allowed with restrictions
(**)

6. Wholesale markets

(*) Make sure the operation fulfill the Criteria for Evaluation of Safety against COVID-19 in traditional markets in Ho Chi Minh City, regulations and guidance of central authorities and relevant authorities.

(**) Operation is restricted and must fulfill the Criteria for Evaluation of Safety against COVID-19 in wholesale markets in Ho Chi Minh City, regulations and guidance of central authorities and relevant authorities. Limit the number of people present at a time: only allow food vendors in the market, reduce capacity of the market; increase online sale; reduce the number of vendors and customers at the market; reduce the number of assistants, porters, etc. present at a time according to actual situation. Specific activities shall be prescribed by the Department of Industry and Trade.

Allowed (*)

Allowed (*)

Allowed (*)

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7. Facilities providing services such as: massage parlors, spas, beauty salons, bars, dance halls, karaoke parlors

Fulfill the Criteria for Evaluation of Safety against Covid-19 of central authorities and Ho Chi Minh City.

(*) Employees must be fully vaccinated or have recovered from Covid-19; Participants must be fully vaccinated or have recovered from Covid-19 or have negative test results within 72 hours.

(**) Operate up to 50% of capacity at a time.

(***) Operate up to 25% of capacity at a time; the following services are not allowed: bars, dance halls, karaoke parlors.

Specific activities shall be prescribed by Department of Health.

Allowed (*)

Allowed with restrictions
(*)(**)

Allowed with restrictions
(*)(***)

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8. Dine-in food and beverage establishments

(*), (**) Operate in accordance with specific instructions of the People’s Committee of Ho Chi Minh City, the Department of Industry and Trade, and Food Safety Management Authority of Ho Chi Minh City.

Allowed with conditions
(*)

Allowed with conditions
(*)

Allowed with restrictions and conditions
(**)

Allowed with restrictions and conditions
(**)

9. Hairdressing establishments (including barbershops)

Fulfill the Criteria for Evaluation of Safety against Covid-19 of central authorities and Ho Chi Minh City.

(*) Workers shall be fully vaccinated or have recovered from Covid-19.

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(***) Up to 50% of capacity at a time.

(****) Up to 25% of capacity at a time.

Specific activities shall be prescribed by Department of Health.

Allowed (*)

Allowed with restrictions
(*)(**)

Allowed with restrictions
(*)(***)

Allowed with restrictions
(*)(****)

10. Internet cafés and gaming lounges

Fulfill the Criteria for Evaluation of Safety against Covid-19 of central authorities and Ho Chi Minh City

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(**) Up to 75% of capacity at a time.

(***) Up to 50% of capacity at a time.

(****) Up to 25% of capacity at a time.

Specific activities shall be prescribed by Provincial Department of Information and Communications.

Allowed (*)

Allowed with restrictions
(*)(**)

Allowed with restrictions
(*)(***)

Allowed with restrictions
(*)(****)

11. Street vendors and lottery ticket peddlers

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(*) Participants shall be fully vaccinated or have recovered from COVID-19.

Specific activities shall be prescribed by Department of Health.

Allowed

Allowed with conditions
(*)

Not allowed

Not allowed

12. Religious establishments

Fulfill the Criteria for Evaluation of Safety against Covid-19 of central authorities and Ho Chi Minh City

"Maximum capacity" means the maximum number of people that may be present at the same time with a distance between two people of at least 1 m.

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(**) Unlimited number of participants but must not exceed maximum capacity; ensure the distance of ≥ 1 m.

(***) Not exceeding 50% of maximum capacity; ensure the distance of ≥ 2m.

(****) Not exceeding 25% of maximum capacity; ensure the distance of ≥ 2m.

Specific activities shall be prescribed by the Religion Board (Department of Internal Affairs).

Allowed (*)(**)

Allowed with restrictions and conditions
(*)(***)

Allowed with restrictions and conditions
(*)(****)

Not allowed

13. Operation of resorts, hotels, hostels, tourism, art performances, sports

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13.1. Tourist accommodations (resorts, hotels, hostels)

(*) Fulfill the Criteria for Evaluation of Safety against Covid-19 of central authorities; Decision No. 3578/QĐ-BCĐ dated October 15, 2021 of HCMC Steering Committee for Covid-19 Control.

(**) Up to 50% of capacity at a time.

(***) Up to 25% of capacity at a time.

Specific activities shall be prescribed by the Department of Tourism.

Allowed (*)

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Allowed with restrictions
(*)(**)

Allowed with restrictions
(*)(***)

13.2. Tourist attractions

(*) Fulfill the Criteria for Evaluation of Safety against Covid-19 of central authorities; Decision No. 3578/QĐ-BCĐ dated October 15, 2021 of HCMC Steering Committee for Covid-19 Control.

(**) Up to 50% of capacity at a time and in groups of not exceeding 25 people.

Specific activities shall be prescribed by the Department of Tourism.

Allowed (*)

Allowed (*)

Allowed with restrictions
(*)(**)

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13.3. Operation of libraries, reading rooms; cinemas; art performance centers, gaming centers (without network connection)

(*) Fulfill the Criteria for Evaluation of Safety against COVID-19 of Ho Chi Minh City

(**) Up to 50% of capacity.

(***) Up to 25% of capacity.

Specific activities shall be prescribed by the Department of Culture, Sports and Tourism

Allowed (*)

Allowed with restrictions
(*)(**)

Allowed with restrictions
(*)(***)

Not allowed

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(*) Fulfill the Criteria for Evaluation of Safety against COVID-19 of Ho Chi Minh City

(**) Up to 75% of capacity at a time and not exceeding 20 people/group.

(***) Up to 50% of capacity at a time and not exceeding 10 people/group.

Specific activities shall be prescribed by the Department of Culture, Sports and Tourism.

Allowed (*)

Allowed with restrictions
(*)(**)

Allowed with restrictions
(*)(***)

Not allowed

14. Sport and exercise activities in public places and outdoor

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(**) Implement the anti-Covid measures in Decision No. 3581/QĐ-BCĐ dated October 15, 2021 of HCMC Steering Committee for Covid-19 Control.

Specific activities shall be prescribed by the Department of Culture, Sports and Tourism.

Allowed (*)

Allowed (*)

Allowed with restrictions
(**)

Not allowed in public places

15. Indoor sport and exercise

(*) Implement the anti-Covid measures in Guidance No. 3862/HD-BVHTTDL dated October 18, 2021 of the Ministry of Culture, Sports and Tourism.

(**) Implement the anti-Covid measures in Decision No. 3581/QĐ-BCĐ dated October 15, 2021 of HCMC Steering Committee for Covid-19 Control.

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Allowed (*)

Allowed (*)

Allowed with restrictions
(**)

Indoor sport services are not allowed