What happens when operating the restaurant in Epidemic COVID-19?

I am the owner of a street noodle shop in Ngu Hanh Son district, Da Nang city. On March 27^th, some officials came to my shop and asked me to sign a commitment to suspend trading and to strictly implement the measures of preventing and controlling Covid-19. Last week, I strictly complied. Due to the subsistence, my noodle shop cannot be closed any longer. I would like to know if my street noodles shop can be opened in the next few days. Thank you.

FDVN’s opinions:

Thank you for concerning FDVN legal services. Regarding your consulting requirements, after studying the legal documents, FDVN Law Firm would like to give you the following advice:

To implementing Directive No. 15/CT-TTg dated March 27, 2020, of the Prime Minister on climax stage of COVID-19 control effort, Official Dispatch No. 4095/CV-TU dated March 26, 2020, of the Commissioner of Da Nang City on strengthening the control and prevention of COVID-19 and the guidance of the Party Committee, the People's Committee of Da Nang City issued Official Letter No. 1940/UBND- VHXH on the implementation of Directive No. 15 by the Prime Minister and the Party Committee on COVID-19 prevention. Pursuant  to Article 1 this official Dispatch, President of the City People’s Committee of Da Nang City has instructed:

“Suspend operations of service providers in the city area, excluding those providing essential goods or services

…

The measures will be applied from March 28 at 12:00 AM to the end of April 15, 2020. The head of a local government will take responsibility for gathering in large numbers and will be strictly disciplined according to the regulations.”

So, from March 28 at 12:00 AM to the end of April 15, 2020, all goods purchasers or service providers in Da Nang City must suspend their operations. If you open the street noodles shop in the next few days, you will be considered violating the above regulations and the signed commitment.

According to Article 11 of Decree No. 176/2013/NĐ-CP on the penalties for administrative violations against medical laws:

“Article 11. Violations against regulations on epidemic prevention

4. Any of the following violations shall carry a fine of from 5,000,000 VND to 10,000,000 VND:

a) Failure to suspend the operation of public food and drink establishments at risk of spreading the disease in the infected area;

b) Failure to impose a ban on the foods that are vectors of pathogens;

c) Failure to take measures for preventing crowds or to suspend the businesses at public places.”

Therefore, if you designedly failed to suspend the operation of your establishment on food and drink services, which is able to make the epidemic spread in the infected area, you shall bear a fine from 5,000,000 VND to 10,000,000 VND.

Above is FDVN Law Firm's opinion for your request of a consultant based on studying the relevant legal provisions. Hopefully, FDVN's advice would be helpful to you.

Legal expert: Nguyen Thi Thanh Thanh Tra

FDVN Law Firm