The Peruvian Supreme Decree that modifies Supreme Decree No. 184-2020-PCM

  • By:jobsplane

09

11/2022

SUPREME DECRET

Nº 151-2021-PCM

THE PRESIDENT OF THE REPUBLIC

CONSIDERING:

That, articles 7 and 9 of the Political Constitution of Peru establish that all have the right to the protection of their health, the family and community, and that the State determines the National Health Policy, corresponding to the Executive Power regulates andSupervise its application, being responsible for designing and conducting it in a plural and decentralized way to facilitate everyone, equitable access to health services;

That, article 44 of the Constitution provides that they are the primary duties of the State to guarantee the full validity of human rights, protect the population from threats against their security and promote general well -being that is based on justice and integral developmentand balanced of the nation;

That, articles II, VI and XII of the preliminary title of Law No. 26842, General Health Law, establish that health protection is of public interest and that it is the responsibility of the State to regulate, monitor it and promote the conditions that guarantee aAdequate coverage of population health benefits, in socially acceptable terms of safety, opportunity and quality, the responsibility of the State in the provision of public health services being inalienable.The State intervenes in the provision of medical care services in accordance with the principle of equity, being possible to establish limitations to the exercise of the right to property, to the inviolability of the domicile, to free traffic, to freedom of work, company, commerce andindustry, as well as the exercise of the right of meeting in public health protection;

That, by Supreme Decree No. 008-2020-SA, the health emergency is declared at the national level for the period of ninety (90) calendar days and measures for prevention and control were issued to avoid the propagation of the COVID-19, the samewhich was extended by the Supreme Decrees No. 020-2020-SA, No. 027-2020-SA, No. 031-2020-SA, No. 009-2021-SA and No. 025-2021-SA, until March 1, 2022;

That, by Supreme Decree No. 184-2020-PCM, Supreme Decree that declares a national state of emergency for the serious circumstances that affect the lives of people as a result of the COVID-19 and establishes the measures that citizens must follow in theNew social coexistence, the state of national emergency is declared for a period of thirty -one (31) calendar days, being restricted the exercise of constitutional rights related to personal freedom and security, the inviolability of the address, and the freedom ofMeeting and transit in the territory, included in subsections 9, 11 and 12 of article 2 and in subsection 24, section f) of the same article of the Political Constitution of Peru;The same as was extended by the Supreme Decrees No. 201-2020-PCM, No. 008-2021-PCM, No. 036-2021-PCM, No. 058-2021-PCM, No. 076-2021-PCM, No. 105-2021-PCM, No. 123-2021-PCM, No. 131-2021-PCM and No. 149-2021-PCM, until September 30, 2021;

That, within the framework of the provisions of the only complementary provision of Supreme Decree No. 149-2021-PCM, and considering the current context, it is necessary to issue new measures of social coexistence and expand the validity date of the restrictions on the exercise of the exercise of theConstitutional rights, as well as modifying the level of alert in the provinces that have been applied by some of these restrictions, in order to protect the fundamental rights to the life and health of Peruvian people;

In accordance with the provisions of numerals 4 and 14 of article 118 and numeral 1 of article 137 of the Political Constitution of Peru;and, Law No. 29158, Organic Law of the Executive Power;Y;

With the approval vote of the Council of Ministers and charged to give an account to the Congress of the Republic;

Decree:

Article 1.-Modification of article 8 of Supreme Decree No. 184-2020-PCM, modified by Supreme Decree No. 131-2021-PCM, Supreme Decree No. 144-2021-PCM and Supreme Decree No. 149-2021-PCM

Modify article 8 of Supreme Decree No. 184-2020-PCM, modified by Supreme Decree No. 131-2021-PCM, Supreme Decree No. 144-2021-PCM and Supreme Decree No. 149-2021-PCM, with the following text:

“Article 8.- Alert level by province and limitation to the exercise of the right to freedom of transit of people

8.1 Approve the alert level by province, according to the following detail:

Moderate alert level

Alert level

Tall

Alert level

Muy Tall

Alert level

Extreme

All other provinces that are not at the higher levels

Luya

Chucuito

-

-

-

Chachapoyas

El Collao

-

-

-

Cangallo

Huancané

-

-

-

The sea

Lampa

-

-

-

Paucar del Sara Sara

Watermelon

-

-

-

Azángaro

Yunguyo

-

-

-

Carabaya

Tahuamanu

-

-

-

Hasta el 19 de setiembre de 2021, se dispone la inmovilización social obligatoria de todas las personas en sus domicilios, según el Alert level por Provincia, conforme al siguiente detalle:

Moderate alert level: Monday to Sunday from 01:00 hours to 4:00 am.

High alert level: Monday to Sunday from 11:00 p.m. to 4:00 am the next day.

Very high alert level: Monday to Sunday from 10:00 p.m. to 4:00 a.m..

Extreme alert level: Monday to Saturday from 9:00 p.m. to 4:00 a.m. the next day;And on Sundays from 4:00 a.m. to 4:00 am the next day.

During the compulsory social immobilization, the strictly necessary staff is excepted that participate in the provision of health services, medicines, financial services, supply of essential stores, supermarkets, markets, itinerant markets and wineries, restaurant service for delivery to delivery to delivery to delivery to delivery to delivery to delivery to delivery to deliverydomicile and collect at home (as provided in numeral 14.2 of article 14 of this standard), the continuity of water services, sanitation, electricity, gas, fuel, activities related to the resumption of economic activities, transport of flows, the latter as stipulated by the Ministry of Transportation and Communications.During compulsory social immobilization, pharmacies and apothecies can be provided according to the norm of matter.

Written, radio or television press staff may travel during the compulsory social immobilization period provided they carry their personal job pass, their respective journalistic credential and their national identity document for identification purposes.Authorization is also extensive for mobile units that transport them to fulfill their function.

Displacement with private or pedestrian vehicles of those people who require urgent or emergency medical care is also allowed by being at serious risk their life or health;as well as, for the acquisition of medicines and to participate in the vaccination process, without restrictions due to compulsory social immobilization, including a companion.

8.2 The limitations to freedom of traffic do not apply to foreign personnel duly accredited in Peru of diplomatic missions, consular offices and representations of international organizations, which move in the fulfillment of their functions.

8.3 Limitations to freedom of traffic do not apply to construction, operation, conservation, maintenance and, in general, all that directly or indirectly related to the national, departmental or neighborhood road network, being excluded from the state of national emergency, whether these activities are directly developed by entities of any of those levels of government and/or by third parties hired by them, including, but not limited, to dealers or contractors.

El Peruano Decreto Supremo que modifica el Decreto Supremo N° 184-2020-PCM

To do this, they must comply with their plan for the surveillance, prevention and control of COVID-19 at work.

8.4 In all cases, the use of mask to circulate on public use roads is mandatory;as well as, the use of double mask (one of which may be fabric) for entry to establishments at risk of agglomeration, such as: shopping centers, galleries, conglomerates, department stores, supply stores for basic products, supermarkets, markets, wineries and pharmacies, recommending the additional use of facial protector in these establishments.

The Ministry of Health, in coordination with other component entities of the health sector, performs intensive epidemiological surveillance in order to identify any increase in localized cases of people affected by COVID-19, and take immediate control measures.

8.5 The offenders to the health provisions and those related to the state of national emergency, who have not complied with the fine imposed by the infractions committed during the national state of emergency and other norms issued to protect the life and health of the population byThe contagion of the COVID-19, will be prevented from carrying out any procedure before any state entity;Notwithstanding this, people who are in a situation of vulnerability and are duly registered in the registers of social programs, as well as, of monetary subsidies, among others, will continue to be beneficiaries of any state program of economic support, incentives, incentives,food and sanitary, receiving the benefits that correspond to them.

8.6 Display the strengthening of immigration control on the northern border of the country, in order to strict compliance with current regulations on the matter.

8.7 Peruvians, resident foreigners and non -resident foreigners who enter national territory, only as passengers and regardless of the country of origin, must have a negative molecular test in the last 72 hours if they are not protected with two doses of vaccine.Those people whose result is positive, enters mandatory isolation, according to regulations on the subject.

Suspected until September 19, 2021, the entrance to the national territory of non -resident foreigners of origin of the Republic of South Africa, or that they have made a scale in this place in the last fourteen (14) calendar days.

Peruvians and resident foreigners who enter the national territory from the Republic of South Africa, or who have made a scale in this place, will make mandatory quarantine at their home, lodging or other temporary isolation center for a period of fourteen (14) calendar days, counted from the arrival to the national territory.

8.8 Dispose that, for the use of beaches, rivers, lakes or lagoons, located in the provinces that are at the moderate alert level, the sanitary norms issued by the national health authority must be respected, without generating agglomerations, concentrations, orput people's health at risk.For high and very high levels, local governments will adopt the corresponding actions in coordination with regional governments and their respective regional health directorates according to those stipulated by the national health authority.At the very high level they can even close the beaches, rivers, lakes or lagoons, in case of breaching the standards.

Article 2.-Modification of article 14 of Supreme Decree No. 184-2020-PCM, modified by Supreme Decree No. 131-2021-PCM, Supreme Decree No. 144-2021-PCM and Supreme Decree No. 149-2021-PCM

Modify article 14 of Supreme Decree No. 184-2020-PCM, modified by Supreme Decree No. 131-2021-PCM, Supreme Decree No. 144-2021-PCM and Supreme Decree No. 149-2021-PCM with the following text:

“Article 14.- Of the focused restrictions

14.1 Until September 19, 2021, in the provinces that are at the extreme alert level, the rest of the resting areas of sand or stones will not be used immediately adjacent to the sea, of the sea area, or of theRibera de Ríos, Lagos or Lagunas, with the exceptions provided for in article 13 of this Supreme Decree, as appropriate.It is allowed to perform aquatic sports without contact and with physical or body distancing.

14.2 Según el Alert level por Provincia, hasta el 19 de setiembre de 2021, las siguientes actividades económicas; así como, los templos y lugares de culto, tendrán el siguiente aforo (en todos los casos con protocolos y previa autorización de los gobiernos locales en el marco de sus competencias):

a) Moderate alert level:

• Activities in closed spaces:

Shopping centers, commercial galleries, department stores, stores in general and conglomerates: 50%

SUPPLY OF FIGHTER PRODUCTS, SUPERMARKED, MARKETS, WINDS AND PHARMACIAS: 60%

Restaurants and related in internal areas: 60%

Casinos and slots: 50%

Cinemas and performing arts: 50%

Banks and other financial entities: 60%

Temples and places of worship: 50%

Libraries, museums, cultural centers and art galleries: 60%

Club activities and sports associations (sports with contact): 60%

Club activities and sports associations (contactless sports): 60%

Business and Professional Events: 60%

Hairdressing and barberia: 60%

Spa, Turkish bathrooms, sauna: 60%

Coliseums (vaccinated with 2 doses): 20%

Gyms: 50%

• Activities in open spaces (respecting capacity and protocols, prior authorization of local governments within the framework of their powers):

Performing arts

Cultural teaching

Restaurants and related in outdoor areas

Protected natural areas, botanical gardens, monuments or archaeological areas, outdoor museums and zoos

Club activities and outdoor sports associations

Business and Outdoor Professional Events

Itinerant markets

Sports stages (vaccinated with 2 doses): 20%

b) High alert level:

• Activities in closed spaces:

Shopping centers, commercial galleries, department stores, stores in general and conglomerates: 40%

SUPPLY OF FIGHTER PRODUCTS, SUPERMARKED, MARKETS, WINDS AND PHARMACIAS: 50%

Restaurants and related in internal areas: 50%

Casinos and slots: 40%

Cinemas and performing arts: 40%

Banks and other financial entities: 60%

Temples and places of worship: 40%

Libraries, museums, cultural centers and art galleries: 50%

Club activities and sports associations (sports with contact): 50%

Club activities and sports associations (contactless sports): 50%

Business and Professional Events: 50%

Hairdressing and barberia: 50%

Spa, Turkish bathrooms, sauna: 40%

Coliseums: 0%

Gyms: 40%

• Activities in open spaces (respecting capacity and protocols, prior authorization of local governments within the framework of their powers):

Performing arts

Cultural teaching

Restaurants and related in outdoor areas

Protected natural areas, botanical gardens, monuments or archaeological areas, outdoor museums and zoos

Club activities and outdoor sports associations

Business and Outdoor Professional Events

Itinerant markets

Sports stages: 0%

c) Very high alert level:

• Activities in closed spaces:

Shopping centers, commercial galleries, department stores, stores in general and conglomerates: 30%

SUPPLY OF FIGHTER PRODUCTS, SUPERMARKED, MARKETS, WINDS AND PHARMACIAS: 40%

Restaurants and related in internal areas: 30%

Casinos and slots: 20%

Cinemas and performing arts: 30%

Banks and other financial entities: 50%

Temples and places of worship: 30%

Libraries, museums, cultural centers and art galleries: 40%

Club activities and sports associations (sports with contact): 40%

Club activities and sports associations (contactless sports): 40%

Business and Professional Events: 30%

Hairdressing and barberia: 30%

Spa, Turkish bathrooms, sauna: 20%

Coliseums: 0%

Gyms: 30%

Terrestrial passenger interprovincial transport: 50% regulated by the Ministry of Transportation and Communications and with double mask use.

• Activities in open spaces (respecting capacity and protocols, prior authorization of local governments within the framework of their powers):

Performing arts

Cultural teaching

Restaurants and related in outdoor areas

Protected natural areas, botanical gardens, monuments or archaeological areas, outdoor museums and zoos

Club activities and outdoor sports associations

Business and Outdoor Professional Events

Itinerant markets

Sports stages: 0%

d) Extreme alert level:

• Activities in closed spaces:

Shopping centers, commercial galleries, department stores, stores in general and conglomerates: 20%

SUPPLY OF FIGHTER PRODUCTS, SUPERMARKED, MARKETS, WINDS AND PHARMACIAS: 30%

Restaurants and related in internal areas: 0%

Casinos and slots: 0%

Cinemas and performing arts: 0%

Banks and other financial entities: 30%

Temples and places of worship: 0%

Libraries, museums, cultural centers and art galleries: 20%

Club activities and sports associations (sports with contact): 0%

Club activities and sports associations (contactless sports): 20%

Business and Professional Events: 0%

Hairdressing and barberia: 20%

Spa, Turkish bathrooms, sauna: 0%

Coliseums: 0%

Gyms: 0%

Terrestrial passenger interprovincial transport: 50% regulated by the Ministry of Transportation and Communications and with double mask use.

Restaurant service for home delivery (delivery): 24 hours.

Pharmacy service for home delivery (Delivery): 24 hours.

• Activities in open spaces (respecting capacity and protocols, prior authorization of local governments within the framework of their powers):

Performing arts

Cultural teaching

Restaurants and related in outdoor areas

Protected natural areas, botanical gardens, monuments or archaeological areas, outdoor museums and zoos

Club activities and outdoor sports associations

Business and Outdoor Professional Events

Itinerant markets

Sports stages: 0%

14.3 Local governments regulate the economic activity of conglomerates in their jurisdictions, in order to reduce the risk of activities in closed places without adequate ventilation and the risk of agglomerations, taking into account the following guidelines:

- Establish the proper ventilation of closed spaces.

- Delimit physical spaces and access closure, in order to control and differentiate the input and output zones.

- Establish capacity limits and supervision schedules in the high influx hours of the public.

- Implement suitable measures to carry out effective control of Aforos.

- Facilitate the use of outdoor public spaces to ensure physical or body distancing.

14.4 In the economic activities indicated in the four (4) alert levels, transactions by virtual media, delivery at home (Delivery) and collect at local for the case of restaurants and related, at the established schedules, at the established schedules, in the established schedules can be made.Likewise, commercial establishments must close one (1) hour before the start of compulsory social immobilization, with the exception of those located in the province of Lima of the department of Lima and in the constitutional province of Callao, which must close at least two (at least two (at least two (2) hours before.The economic activities not contemplated in this article and its afor, are governed as established in the phases of the resumption of current economic activities;with the exception of the extreme alert level, in which the following activities govern:

Agriculture, Livestock, Hunting and Silviculture:

- All the activities of the field, supplies and related services.

Fishing and Aquaculture:

- All the activities of the field, supplies and related services.

Energy, hydrocarbons and mining:

- All the activities of the field, supplies and related services.

Primary and non -primary manufacturing:

- All the activities of the field, supplies and related services.

Building:

- All the activities of the field, supplies and related services.Includes national interest projects (licenses, procedures, acquisition and transport of goods, services and personnel, as well as activities related to the logistics chain).

- Architecture and Engineering Activities for Licensing Procedures, Supervision, Work Inspection and Information Survey.

Trade:

- Maintenance and repair of non -motorized vehicles, motor vehicles and motorcycles.

- Acquisition, production and supply services of food, pharmaceutical and essential products.

City services:

- Wastewater evacuation.

- Water treatment, treatment and distribution.

- Disaster Risk Prevention Activities.

- Maintenance of public spaces and green areas.

- Cleaning and collection of solid waste.

General services:

- Assistance and care for older adults, girls, boys, adolescents, dependents, people with disabilities or people in vulnerability.

- Health services and establishments, includes dentistry, rehabilitation, assisted reproduction, diagnosis, ophthalmology, veterinarians.

Basic services:

- Regular Terrestrial Transportation Service.

- Cargo transport, merchandise, parcels, removals and flows, in all its modalities and related activities.

- Transport of passengers by rail, maritime and river, includes cabotage.

- Caudales transportation.

- Storage services in general.

- Services activities linked to air, iron, terrestrial, maritime and river transport, including cabotage.

- Non -commercial aeronautics.

- Activities related to air transport.

- Messaging activities (postal service, parcels, delivery).

- Categorized Hotels, Lodging (Apart Hotel) and Tourist Transportation.

- Hostels, hostels and lodging establishments not classified and categorized.

- Delivery of real estate and post -sale services.

- Telecommunications linked services (including broadcasting), such as installation, deployment, preventive and corrective maintenance of networks for public telecommunications services.

- Activities of wired, wireless and satellite telecommunications, other telecommunication activities and other support services activities to companies N.c.P (such as passive infrastructure suppliers).

- Postal and messaging activities.

- Telecommunications infrastructure services: installation, deployment, preventive and corrective maintenance of infrastructure and networks for public telecommunications services.

- Telecommunications services sales points located in supermarkets, markets, wineries and pharmacies.

- Design, installation, implementation, operation and maintenance of public and private projects of telecommunications networks and broadcasting infrastructure.

- Telecommunications Services: with reach to telecommunications operating companies, as well as the contractors and suppliers of said operators;In addition, it is applicable for administrative work, in monitoring-NOCs, Call Centers, installation of services or attention of failure, sales activities and delivery.

- Customer service or similar telecommunications service centers, as regulated by the Ministry of Transportation and Communications.

- Services offered by vehicle technical inspection centers, periodic cylinder review centers, certifiers and GNV conversion workshops, certifiers and LPG conversion workshops, certifying entities in accordance, modification, manufacture and assembly of vehicles, vehicle verification entitiesand collecting entities of collection vehicles.

- Evaluation centers, driver schools, entities enabled to issue health certificates, driver's licensing centers, training entities in the management of hazardous materials and/or waste.

- Media.

- Financial entities, insurance and pensions and related activities.

- Funeral services.

- Lavandería services, hardware stores, cleaning services.

- Operational rental of motor vehicles.

- Notary services.

- Recycling services.

- Packaging and packaging activities.

- Agricultural fertilizers and raw materials, plastic, glass, paper, cardboard, wood sawmill, ice for activities in general.

- Carpentry services, gasfitería, electricity, maintenance of artifacts and equipment repair, includes equipment maintenance of buildings and homes.

- Activities of production, storage, marketing, transport, and distribution for the continuity of water, sanitation, domestic use gas and fuels.

- Transport activities for the continuity of public services (water, sanitation, gas, among others).

- Air transport: national and international flights in accordance with the provisions of the Ministry of Transportation and Communications.

- Special land transport service in the taxi mode.

- Land transport services of workers in all areas.

- Land transport service of people in minor vehicles.

- Audiovisual production for the media.

- Record and transmission of performing arts, including theater, dance, circus and music

- Federated sports activities prioritized by the Ministry of Education, through the Peruvian Sports Institute, with protocols approved in coordination with the Ministry of Health.

Complementary services:

- Telephone central activities, includes call centers with 50% capacity.

- Technical essays and analysis for allowed economic activities.

- Research, innovation and experimental development related to the allowed economic activities.

- Central headquarters activities.

- Combined support activities for facilities associated with cleaning services, support for buildings and garden maintenance.

- Operational rental and lease of other types of machinery, equipment and tangible goods.

- Private security activities.

- Transport services.

- Sale and distribution of print media.

- ACTIVITIES FOR THE ORGANIZATION OF ELECTORAL PROCESSES.

- Security Systems Service Activities.

- IT support activities and computer equipment repair."

Article 3.- Validity

This Supreme Decree enters into force as of September 6, 2021.

Article 4.- Refrendo

This Supreme Decree is endorsed by the President of the Council of Ministers, the Minister of the Interior, the Minister of Defense, the Minister of Foreign Affairs, the Minister of Health, the Minister of Justice and Human Rights, the Minister of Development and Social Inclusion, the Minister of Labor and Employment Promotion, the Minister of Foreign Trade and Tourism, the Minister of Transport and Communications, the Minister of Education, the Minister of Economy and Finance, the Minister of Energy and Mines, the Minister of Housing, Construcciónand sanitation, the Minister of Agrarian Development and Irrigation, the Minister of Production, the Minister of Women and Vulnerable Populations, the Minister of the Environment, and the Minister of Culture.

Given in the Government House, in Lima, on the three days of September of the year two thousand and twenty -one

José Pedro Castillo Terrones

Republic President

Guido Bellido Ugarte

President of the Council of Ministers

Roberto Sánchez Palomino

Minister of Foreign Trade and Tourism

Ciro Gálvez Herrera

Minister of Culture

Pedro Francke Ballvé

Minister of Economy and Finance

Juan Raúl Cadillo León

Minister of Education

Iván Merino Aguirre

Minister of Energy and Mines

and office manager

of the Ministry of Environment

Walter Ayala Gonzales

Minister of Defense

Víctor Raúl Maita Frisancho

Minister of Agrarian Development and Irrigation

Dina Ercilia Boluarte Zegarra

Minister of Development and Social Inclusion

JUAN MANUEL CARRASCO MILLIONS

Interior Minister

Aníbal Torres Vásquez

Minister of Justice and Human Rights

Anahí Durand Guevara

Minister of Women and Vulnerable Populations

Yván Quispe Apaza

Production Minister

OSCAR MURTUA DE ROMAÑA

Minister of Foreign Affairs

Hernando Cevallos Flores

Health Minister

Juan Francisco Silva Villegas

Minister of Transport and Communications

Iber Antenor Maraví Olarte

Minister of Labor and Employment Promotion

Geiner Alvarado López

Minister of Housing, Construction and Sanitation

1988484-1

The Peruvian Supreme Decree that modifies Supreme Decree No. 184-2020-PCM
  • 475
  • Can I send a facial mask by sea?

Related Articles