El Peruano – Supreme Decree that approves Phase 2 of the Resumption of Economic Activities within the framework of the declaration of National Health Emergency due to the serious circumstances that affect the life of the Nation as a result of COVID-19, and modifies Supreme Decree N ° 080-2020-PCM – SUPREME DECREE – Nº 101-2020-PCM – EXECUTIVE POWER

SUPREME DECRET

No. 101-2020-PCM

THE PRESIDENT OF THE REPUBLIC

CONSIDERING:

That, through Supreme Decree No. 080-2020-PCM, the “Resumption of Activities” is approved in accordance with the strategy prepared by the Multisectoral Working Group formed by Ministerial Resolution No. 144-2020-EF / 15 and amending, which consists of four (04) phases for its implementation, which will be permanently evaluated in accordance with the recommendations of the National Health Authority;

That the aforementioned Supreme Decree also provided that Phase 1 of the Resumption of Activities referred to in the preceding recital begins in May 2020, and its activities are detailed in the Annex that forms part of the same Decree. Supreme;

That, the implementation of the strategy for the resumption of the country’s economic activities should keep public health protection as a reference, in order to gradually recover daily life and economic activity, minimizing the risk posed by the COVID epidemic- 19 for the health of the population and preventing the capacities of the National Health System from being overwhelmed, with which it must promote conditions of maximum health security that can be combined with the recovery of social and economic well-being;

That the gradual exit from the current state of compulsory social isolation (quarantine) requires continuing to strengthen capacities in four areas: epidemiological surveillance; identification and containment of sources of contagion; healthcare; and national, regional and local collective protection measures;

That, the economic reactivation takes into consideration moving towards a “New Coexistence”, which also represents an effort to reconcile the economic reactivation with the impulse of the climate agenda that was already defined by the State;

That, in the aforementioned framework, Article 2 Supreme Decree No. 080-2020-PCM establishes as fundamental criteria for the gradual and progressive implementation of the phases of the Resumption of Activities, the following: public health, based on the information that evaluates the National Health Authority, based on the evolution of the epidemiological situation; the capacity for health care and response and the degree of surveillance and diagnosis implemented; internal mobility, linked to a possible increased risk of contagion; of the social dimension; and of economic activity and the evaluation of the situation by the competent sectors of the Executive Power;

That, therefore, it is necessary to approve Phase 2 of the Resumption of Activities, whose implementation will be carried out progressively, taking into account the fundamental criteria for the gradual and progressive implementation of the phases of the Resumption of Activities, established in the article 2 of Supreme Decree No. 080-2020-PCM;

That, likewise, it is necessary to modify Supreme Decree No. 080-2020-PCM in order to streamline the procedures necessary for the effective start of the economic activities included in the phases of the Resumption of Activities, and to adapt the power that the Sectors have to approve the inclusion of new economic activities that do not affect the State of National Emergency;

In accordance with the provisions of numbers 4 and 14 of article 118 of the Political Constitution of Peru; and Law No. 29158, Organic Law of the Executive Power and;

With the approving vote of the Council of Ministers;

DECREES:

Article 1.- Approval and implementation of Phase 2 of the Resumption of Activities

1.1 Approval of Phase 2 of the Resumption of Activities, in accordance with the strategy developed by the Multisectoral Working Group formed by Ministerial Resolution No. 144-2020-EF / 15 and its amendment.

1.2 The activities contained in Phase 2 of the Resumption of Activities are detailed in the Annex that forms part of this Supreme Decree.

1.3 The implementation of Phase 2 of the Resumption of Activities begins from the effective date of this Supreme Decree.

1.4 For the purposes of the provisions of section 3.2 of article 3 of Supreme Decree No. 080-2020-PCM, as amended by this Supreme Decree, the competent sectors of the activities included in Phase 2 of the Resumption of Activities, are included in the Annex to this standard.

Article 2.- Start of activities of productive and commercial conglomerates in Phase 2 of the Resumption of Activities

Empower the Ministry of Production so that during Phase 2 of the Resumption of Activities, prior coordination with the Local Governments within their territorial competence and the Interior, Defense and Health Sectors, by means of a Ministerial Resolution it provides for the start of activities of the productive and / or commercial conglomerates at the national level, with the exception of the departments of Tumbes, Piura, Lambayeque, La Libertad, Loreto, Ucayali, Ica and the provinces of Santa, Huarmey and Casma of the department of Áncash, behind closed doors, as well as sell their products and provide their services through electronic commerce, being able to deliver their products at home with their own logistics or through third parties.

For this purpose, companies, entities, legal or natural persons that carry out their activities through productive and / or commercial conglomerates, must comply with the protocols and standards approved by the National Health Authority and the provisions of Supreme Decrees No. 080-2020. -PCM, No. 094-2020-PCM and this Supreme Decree.

Article 3.- Endorsement

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, Construction and Sanitation, the Minister of Agriculture and Irrigation, and the Minister of Production.

SUPPLEMENTARY PROVISIONS

FINALS

First. Interprovincial transport activities

Provide that private interprovincial passenger transport activities to carry out the activities included in the resumption of activities strategy, are exempt from social immobilization restrictions.

Second. Calculation of the term for the start of public works within the framework of the Second Transitory Complementary Provision of Legislative Decree No. 1486

Provide for the reactivation of public works and their respective supervision contracts contracted pursuant to the general state contracting regime, halted by the declaration of a State of National Emergency produced by COVID-19, and therefore the beginning of the calculation of the term established in the literal a) of the Second Transitory Complementary Provision of Legislative Decree No. 1486, Legislative Decree that establishes provisions to improve and optimize the execution of public investments.

SUPPLEMENTARY PROVISION

AMENDING

Only. Modification of articles 3 and 5 of Supreme Decree No. 080-2020-PCM

1. Modify article 3 of Supreme Decree No. 080-2020-PCM, which is worded as follows:

“3.1 The resumption of the activities included in the phases of the Resumption of Activities of this Supreme Decree, is carried out automatically once the legal entities have registered their” Plan for the surveillance, prevention and control of COVID-19 in the work ”in the Integrated System for COVID-19 (SICOVID-19) of the Ministry of Health, taking into consideration the“ Guidelines for Health Surveillance of workers at risk of exposure to COVID-19 ”, approved by Ministerial Resolution No. 239-2020-MINSA and its subsequent adjustments, as well as the corresponding Sector Protocol when the Sector has issued it.

The provisions of the preceding paragraph are applicable to the restart of the activities of entities, companies and legal entities that carry out activities aimed at the provision or supply of the logistics chain (inputs, outsourced production, transport, distribution and marketing) of the activities included in the phases of the Resumption of Activities.

3.2 Exceptionally, for the activities included in the phases of the Resumption of Activities, the competent Sectors can approve by means of a Ministerial Resolution and publish on their institutional portal, the Sectoral Health Protocols.

3.3 For urban areas defined as high risk by the National Health Authority, the start of activities or productive units approved in each phase of the Resumption of Activities will be determined by Ministerial Resolution of the corresponding Sector.

3.4 The “Plan for the surveillance, prevention and control of COVID-19 at work” registered by legal entities will be used as the basis for subsequent supervision and oversight by the competent authorities. Additionally, said Plan must be available to workers at the time of resuming work and available to customers.

3.5 In the case of activities related to formalized small-scale mining and artisanal mining, the corresponding supervision and inspection actions are carried out by the competent regional authorities.

3.6 The “Plan for the surveillance, prevention and control of COVID-19 at work”, and the registration in SICOVID-19 of the Ministry of Health, are not required of natural persons.

3.7 The resumption of the activities included in the Phases of the Resumption of Activities is subject only to the requirements and conditions established in Supreme Decree No. 080-2020-PCM, this Supreme Decree and its amending regulations, being prohibited from establishing requirements or conditions additional in sectorial, regional or local norms ”.

2. Modify article 5 of Supreme Decree No. 080-2020-PCM, which is worded as follows:

Article 5.- Complementary Measures

5.1 The competent Sectors are empowered to order, through a ministerial resolution, the inclusion of new economic activities that do not affect the State of National Emergency, after the favorable opinion of the Ministry of Health, and in accordance with the sanitary measures required to prevent the spread and contagion of the COVID-19.

5.2 By means of a ministerial resolution, the Ministry of Transport and Communications may establish complementary provisions for the application of number 3.1 of article 3 referring to public investment projects in road infrastructure, in accordance with the sanitary measures required to prevent the spread and contagion of COVID-19. ”

SUPPLEMENTARY PROVISION

TRANSITORY

Only. Resumption of Phase 1 activities

It should be noted that the sectoral authorizations, as well as the registrations made in the SICOVID within the framework of the Supreme Decree No. 080-2020-PCM, before the entry into force of this regulation, are considered valid in all its aspects. The procedures initiated by the applicants for activities of Phase 1 of the Resumption of Activities that have not obtained the corresponding sector authorization are governed by the provisions of this Supreme Decree.

Given at the Government House, in Lima, on the fourth day of June in the year two thousand and twenty.

MARTÍN ALBERTO VIZCARRA CORNEJO

Republic President

VICENTE ANTONIO ZEBALLOS SALINAS

President of the Council of Ministers

GASTÓN CÉSAR A. RODRÍGUEZ LIMO

Minister of the Interior

WALTER MARTOS RUIZ

Minister of Defense

GUSTAVO MEZA – CUADRA V.

Minister of Foreign Affairs

VÍCTOR ZAMORA MESÍA

Health Minister

FERNANDO R. CASTAÑEDA PORTOCARRERO

Minister of Justice and Human Rights

ARIELA MARIA OF THE MIRACLES LUNA FLOREZ

Minister for Development and Social Inclusion

SYLVIA E. CÁCERES PIZARRO

Minister of Labor and Employment Promotion

EDGAR M. VÁSQUEZ VELA

Minister of Foreign Trade and Tourism

CARLOS LOZADA CONTRERAS

Minister of Transport and Communications

CARLOS MARTÍN BENAVIDES ABANTO

Minister of Education

MARÍA ANTONIETA ALVA LUPERDI

Minister of Economy and Finance

SUSANA VILCA ACHATA

Minister of Energy and Mines

RODOLFO YAÑEZ WENDORFF

Minister of Housing, Construction and Sanitation

JORGE LUIS MONTENEGRO CHAVESTA

Minister of Agriculture and Irrigation

DEW INGRED BARRIOS ALVARADO

Minister of the Production

Annexed

Phase 2 economic activities

Economic activities

ISIC description

Protocol

farming

Enabling titles and administrative acts

Environmental impact studies and environmental management instruments

Titling of agrarian property and rural cadastre

Implementation of business plans

MINSA

Mining

Exploration of the stratum of large and medium mining. Exploitation, processing, storage, transportation and closure of mines in the following cases:

– Medium mining and its related activities, with a mining camp (s) and / or conditioning auxiliary component (s) and / or external accommodation exclusively for its workers

– Small-scale mining and its related activities, and artisanal mining formalized, previously accredited by the competent regional authority

MINEM

1867300-2

.

Leave a Comment

This site uses Akismet to reduce spam. Learn how your comment data is processed.