El Peruano - Supreme Decree that modifies Supreme Decree No. 184-2020-PCM Supreme Decree that declares a State of National Emergency due to the serious circumstances that affect the lives of people as a result of COVID-19 and establishes measures that

SUPREME DECRET

No. 159-2021-PCM

THE PRESIDENT OF THE REPUBLIC

CONSIDERING:

That articles 7 and 9 of the Political Constitution of Peru establish that everyone has the right to the protection of their health, the family environment and the community, and that the State determines the national health policy, corresponding to the Executive Power to regulate and supervise its application, being responsible for designing and conducting it in a plural and decentralized manner to facilitate equitable access to health services for all;

That article 44 of the Constitution provides that the primary duties of the State are to guarantee the full observance of human rights, protect the population from threats to its security, and promote general well-being that is based on justice and comprehensive development. and balanced of the Nation;

That articles II, VI and XII of the Preliminary Title of Law No. 26842, General Health Law, establish that the protection of health is of public interest and that it is the responsibility of the State to regulate it, monitor it and promote the conditions that guarantee a adequate coverage of health benefits for the population, in socially acceptable terms of safety, opportunity, and quality, with the State's responsibility in providing public health services being inalienable. The State intervenes in the provision of health care services in accordance with the principle of equity, and it is possible to establish limitations on the exercise of the right to property, the inviolability of the home, free movement, freedom of work, business, commerce and industry, as well as the exercise of the right of assembly in protection of public health;

That, through Supreme Decree No. 008-2020-SA, a health emergency is declared at the national level for a period of ninety (90) calendar days and prevention and control measures were issued to prevent the spread of COVID-19, the same which was extended by 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 State of National Emergency due to the serious circumstances that affect people's lives as a result of COVID-19 and establishes the measures that citizens must follow in the new social coexistence, the State of National Emergency is declared for a period of thirty-one (31) calendar days, restricting the exercise of the constitutional rights related to personal freedom and security, the inviolability of the home, and the freedom of meeting and transit in the territory, included in paragraphs 9, 11 and 12 of article 2 and in paragraph 24, paragraph f) of the same article of the Political Constitution of Peru; the same that was extended by 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, No. 149-2021-PCM and No. 152-2021-PCM, until October 31, 2021;

That, considering the current context, it is necessary to extend the effective date of the restrictions on the exercise of constitutional rights, and modify the Alert Level in the provinces that are applying some of these restrictions, in order to protect fundamental rights to the life and health of Peruvians;

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 with a charge to report to the Congress of the Republic;

DECREES:

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, Supreme Decree No. 149-2021-PCM, Supreme Decree No. 151-2021-PCM, Supreme Decree No. 152-2021-PCM and Supreme Decree No. 156-2021-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, Supreme Decree No. 149-2021-PCM, Supreme Decree No. 151-2021-PCM, Supreme Decree No. 152-2021-PCM and Supreme Decree No. 156-2021-PCM, with the following text:

“Article 8.- Level of Alert by Province and limitation to the exercise of the right to freedom of movement of people

8.1 Approve the Alert Level by Province, according to the following detail:

Until October 17, 2021, the mandatory social immobilization of all people in their homes is arranged, according to the Alert Level by Province, according to the following detail:

Moderate alert level: Monday to Sunday from 01:00 a.m. to 4:00 a.m.

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

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

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 a.m. the next day.

During compulsory social immobilization, strictly necessary personnel who participate in the provision of health services, medicines, financial services, supply of essential stores, supermarkets, markets, itinerant markets and warehouses, restaurant service for delivery to address and local pick-up (according to the provisions of numeral 14.2 of article 14 of this regulation), the continuity of water services, sanitation, electricity, gas, fuel, telecommunications and related activities, cleaning and collection of solid waste , funeral services, cargo and merchandise transportation and related activities, activities related to the resumption of economic activities, transportation of funds, the latter as stipulated by the Ministry of Transportation and Communications. During mandatory social immobilization, pharmacies and drugstores are allowed to provide care in accordance with the regulations on the matter.

The personnel of the written, radio or television press may transit during the period of compulsory social immobilization provided that they carry their personal work pass, their respective journalistic credential and their National Identity Document for identification purposes. The authorization is also extensive for the mobile units that transport them to fulfill their function.

The displacement with a private or pedestrian vehicle of those who require urgent or emergency medical attention because their life or health is in serious risk is also allowed; as well as, for the acquisition of medicines and to participate in the vaccination process, without restrictions due to mandatory social immobilization, including a companion.

8.2 The limitations to the freedom of transit do not apply to foreign personnel duly accredited in Peru from diplomatic missions, consular offices and representations of international organizations, who travel in the performance of their duties.

8.3 The limitations to the freedom of transit do not apply to the activities of construction, operation, conservation, maintenance and, in general, all that activity directly or indirectly related to the National, Departmental or Neighborhood Road Network, being excluded from the State of National Emergency , whether those activities are carried out directly by entities of any of those levels of government and/or by third parties contracted by them, including, but not limited to, concessionaires or contractors.

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 a mask is mandatory to circulate on public roads; as well as the use of a double mask (one of which may be cloth) for entering establishments with a risk of crowding, such as: shopping malls, galleries, conglomerates, department stores, basic product supply stores, supermarkets. , markets, warehouses and pharmacies, recommending the additional use of the face shield in these establishments.

The Ministry of Health, in coordination with other component entities of the Health Sector, carries out 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 Violators of health provisions and those related to the national state of emergency, who have not complied with paying the fine imposed for infractions committed during the national state of emergency and other regulations issued to protect the life and health of the population by contagion of COVID-19, they will be prevented from carrying out any procedure before any State entity; without prejudice to this, people who are in a situation of vulnerability and are duly registered in the rolls of social programs, as well as monetary subsidies, among others, will continue to be beneficiaries of any state program of economic support, incentives, food and health, receiving the corresponding benefits.

8.6 Provide for the strengthening of migratory control on the northern border of the country, in order to strictly comply with current regulations on the matter.

8.7 Peruvians, resident foreigners, and non-resident foreigners whose final destination is the national territory, as passengers and regardless of the country of origin, must have a negative molecular test with a result date of no more than 72 hours before boarding the its point of origin and without mandatory the presentation of the vaccination card of the country where it was vaccinated. Those people who show symptoms when entering national territory enter mandatory isolation, according to regulations on the matter.

Suspend until October 17, 2021, the entry into the national territory of non-resident foreigners from the Republic of South Africa, or who have made a stopover 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 stopover in this place, will carry out 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 Provide that, for the use of beaches, rivers, lakes or lagoons, located in the provinces that are in the moderate alert level, the health standards issued by the National Health Authority must be respected, without generating crowds, concentrations, or put people's health at risk. For the high and very high levels, the Local Governments will adopt the corresponding actions in coordination with the Regional Governments and their respective Regional Health Directorates in accordance with 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 breaking the rules.

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, Supreme Decree No. 149-2021-PCM, Supreme Decree No. 151-2021-PCM and Supreme Decree No. 152-2021-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, Supreme Decree No. 149-2021-PCM, Supreme Decree No. 151-2021-PCM and Supreme Decree No. 152-2021-PCM, with the following text:

“Article 14.- Of the targeted restrictions

14.1 Until October 17, 2021, in the provinces that are at the extreme alert level, the rest areas of sand or stones immediately adjacent to the sea, the sea area, or the banks of rivers, lakes or lagoons, with the exceptions provided for in article 13 of this Supreme Decree, as appropriate. Water sports without contact and with physical or bodily distancing are allowed.

14.2 According to the Alert Level by Province, until October 17, 2021, the following economic activities; as well as, the temples and places of worship, will have the following capacity (in all cases with protocols and prior authorization from local governments within the framework of their powers):

a) Moderate alert level:

• Activities in closed spaces:

Shopping centers, shopping arcades, department stores, general stores and conglomerates: 50%

Supply stores of basic necessities, supermarkets, markets, warehouses and pharmacies: 60%

Restaurants and similar 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%

Activities of sports clubs and associations (contact sports): 60%

Activities of sports clubs and associations (non-contact sports): 60%

Business and professional events: 60%

Hairdressing and Barber: 60%

Spa, Turkish baths, sauna, thermal baths: 60%

Coliseums (vaccinated with 2 doses): 20%

Gyms: 50%

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

performing arts

cultural teaching

Restaurants and similar in outdoor areas

Protected natural areas, botanical gardens, monuments or archaeological areas, open-air museums and zoos

Outdoor thermal baths.

Activities of outdoor sports clubs and associations

Outdoor business and professional events

traveling markets

Sports stadiums (vaccinated with 2 doses): 20%

b) High alert level:

• Activities in closed spaces:

Shopping centers, shopping malls, department stores, general stores and conglomerates: 40%

Supply stores of basic necessities, supermarkets, markets, warehouses and pharmacies: 50%

Restaurants and similar 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%

Activities of sports clubs and associations (contact sports): 50%

Activities of sports clubs and associations (non-contact sports): 50%

Business and professional events: 50%

Hairdresser and Barber: 50%

Spa, Turkish baths, sauna, thermal baths: 40%

Colosseums: 0%

Gyms: 40%

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

performing arts

cultural teaching

Restaurants and similar in outdoor areas

Protected natural areas, botanical gardens, monuments or archaeological areas, open-air museums and zoos

Outdoor hot spring baths

Activities of outdoor sports clubs and associations

Outdoor business and professional events

traveling markets

Sports stadiums: 0%

c) Very high alert level:

• Activities in closed spaces:

Shopping centers, shopping arcades, department stores, general stores and conglomerates: 30%

Supply stores of basic necessities, supermarkets, markets, warehouses and pharmacies: 40%

Restaurants and similar 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%

Activities of sports clubs and associations (contact sports): 40%

Activities of sports clubs and associations (non-contact sports): 40%

Business and professional events: 30%

Hairdresser and Barber: 30%

Spa, Turkish baths, sauna, thermal baths: 20%

Colosseums: 0%

Gyms: 30%

Interprovincial land passenger transport: 50% regulated by the Ministry of Transport and Communications and with the use of a double mask.

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

performing arts

cultural teaching

Restaurants and similar in outdoor areas

Protected natural areas, botanical gardens, monuments or archaeological areas, open-air museums and zoos

Outdoor hot spring baths

Activities of outdoor sports clubs and associations

Outdoor business and professional events

traveling markets

Sports stadiums: 0%

d) Extreme alert level:

• Activities in closed spaces:

Shopping centers, shopping malls, department stores, general stores and conglomerates: 20%

Supply stores of basic necessities, supermarkets, markets, warehouses and pharmacies: 30%

Restaurants and similar 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%

Activities of sports clubs and associations (contact sports): 0%

Activities of sports clubs and associations (non-contact sports): 20%

Business and professional events: 0%

Hairdresser and Barber: 20%

Spa, Turkish baths, sauna, thermal baths: 0%

Colosseums: 0%

Gyms: 0%

Interprovincial land passenger transport: 50% regulated by the Ministry of Transport and Communications and with the use of a double mask.

Restaurant service for home delivery: 24 hours.

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

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

performing arts

cultural teaching

Restaurants and similar in outdoor areas

Protected natural areas, botanical gardens, monuments or archaeological areas, open-air museums and zoos

Did you know that you can track time on your Asana tasks in a visual calendar? All you have to do is connect HourSt… https://t.co/Fj1zoO33j9

— HourStack Thu Jul 22 23:00:10 +0000 2021

Outdoor hot spring baths

Activities of outdoor sports clubs and associations

Outdoor business and professional events

traveling markets

Sports stadiums: 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 crowds, taking into account the following guidelines:

- Establish adequate ventilation of closed spaces.

- Delimit physical spaces and close accesses, in order to control and differentiate the entrance and exit areas.

- Establish capacity limits and supervision schedules at times of high public influx.

- Implement suitable measures to carry out effective capacity control.

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

14.4 In the economic activities indicated in the four (4) alert levels, transactions may be carried out by virtual means, home deliveries (delivery) and local pick-up in the case of restaurants and the like, at the established times. Likewise, commercial establishments must close one (1) hour before the start of the mandatory social immobilization, with the exception of those located in the province of Lima in the department of Lima and in the constitutional province of Callao, which must close at least two ( 2) hours before. The economic activities not contemplated in this article and their capacities, are governed according to what is established in the phases of the resumption of current economic activities; with the exception of the extreme alert level, in which the following activities apply:

Agriculture, livestock, hunting and forestry:

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

Fishing and aquaculture:

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

Energy, hydrocarbons and mining:

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

Primary and non-primary manufacturing:

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

Construction:

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

- Architectural and engineering activities for licensing procedures, supervision, work inspection and information gathering.

Trade:

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

- Services for the acquisition, production and supply of food, pharmaceutical products and basic necessities.

Services to the city:

- Evacuation of residual waters.

- Collection, treatment and distribution of water.

- 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, children, adolescents, dependents, people with disabilities or people in vulnerable situations.

- Health services and establishments, including dentistry, rehabilitation, assisted reproduction, diagnosis, ophthalmology, veterinary medicine.

Basic services:

- Regular land transport service at the provincial level.

- Transport of cargo, merchandise, parcels, removals and flows, in all its modalities and related activities.

- Passenger transport by rail, sea and river, including cabotage.

- Transportation of flows.

- Storage services in general.

- Service activities related to air, rail, land, sea and river transport, including cabotage.

- Non-commercial aeronautical activities.

- Activities related to air transport.

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

- Categorized hotels, lodging (apart hotel) and tourist transport.

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

- Delivery of real estate and post-sale services.

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

- Wireline, wireless and satellite telecommunications activities, other telecommunications activities and other business support services activities nec (such as passive infrastructure providers).

- Postal and courier activities.

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

- Points of sale of telecommunications services located in supermarkets, markets, warehouses and pharmacies.

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

- Telecommunications services: with scope to the telecommunications operating companies, as well as the contractors and suppliers of said operators; In addition, it is applicable for administrative work, in monitoring centers-NOC, call centers, installation of services or attention to breakdowns, sales and delivery activities.

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

- Services offered by vehicle technical inspection centers, cylinder periodic review centers, NGV conversion certifiers and workshops, LPG conversion certifiers and workshops, vehicle conformity, modification, manufacturing and assembly certifying entities, vehicle verification entities and collection vehicle certifying entities.

- Assessment centers, driver schools, entities authorized to issue health certificates, driver's license issuing centers, training entities in the handling of hazardous materials and/or waste.

- Media.

- Financial entities, insurance and pensions and related activities.

- Funeral services.

- Laundry services, hardware stores, cleaning services.

- Rental and operating lease of motor vehicles.

- Notary services.

- Recycling services.

- Packing and packaging activities.

- Storage services for fertilizers and agricultural raw materials, plastic items, glass, paper, cardboard, sawn wood, ice for activities in general.

- Carpentry, plumbing, electricity, appliance maintenance and equipment repair services, including maintenance of equipment related to buildings and homes.

- Production, storage, marketing, transportation, and distribution activities for the continuity of water, sanitation, domestic gas, and fuel services.

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

- Air transport: national and international flights as regulated by the Ministry of Transport and Communications.

- Special ground transportation service for people in the taxi mode.

- Ground transportation services for workers in all areas.

- Ground transportation service for people in smaller vehicles.

- Audiovisual production for the media.

- Recording 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 exchange activities, including call centers with 50% capacity.

- Technical tests and analyzes for permitted economic activities.

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

- Activities of the headquarters.

- Combined activities to support facilities associated with cleaning services, building support and garden maintenance.

- Rental and operating lease of other types of machinery, equipment and tangible assets.

- 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 repair of computer equipment.”

Article 3.- Validity

This Supreme Decree enters into force as of October 4, 2021.

Article 4.- 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 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.

SUPPLEMENTARY PROVISION

REPEALING

Sole.- Repeal articles 4 and 6 of Supreme Decree No. 131-2021-PCM, Supreme Decree No. 144-2021-PCM, articles 2 and 3 of Supreme Decree No. 149-2021-PCM, Supreme Decree No. 151- 2021-PCM, articles 2 and 3 of Supreme Decree No. 152-2021-PCM and Supreme Decree No. 156-2021-PCM.

Given at the Government House, in Lima, on the first day of October of the year two thousand and twenty-one.

JOSE PEDRO CASTILLO TERRONES

Republic President

GUIDO BELIDO UGARTE

President of the Council of Ministers

RUBEN RAMIREZ MATEO

Minister of the Environment

ROBERTO SANCHEZ PALOMINO

Minister of Foreign Trade and Tourism

CIRO GALVEZ HERRERA

Minister of Culture

VICTOR RAUL MAITA FRISANCHO

Minister of Agrarian Development and Irrigation

DINA ERCILIA BOLUARTE ZEGARRA

Minister of Development and Social Inclusion

WALTER AYALA GONZÁLES

Minister of Defense

PEDRO FRANCKE BALVÉ

Minister of Economy and Finance

JUAN RAUL CADILLO LEON

Minister of Education

IVAN MERINO AGUIRRE

Minister of Energy and Mines

JUAN MANUEL CARRASCO MILLIONS

Home Secretary

ANIBAL TORRES VASQUEZ

Minister of Justice and Human Rights

ANAHI DURAND GUEVARA

Minister for Women and Vulnerable Populations

YVAN QUISPE APAZA

Minister of Production

OSCAR MAÚRTUA OF ROMANA

Minister of Foreign Affairs

HERNANDO CEVALLOS FLORES

Health Minister

JUAN FRANCISCO SILVA VILLEGAS

Minister of Transport and Communications

IBER ANTENOR MARAVI OLARTE

Minister of Labor and Employment Promotion

GEINER ALVARADO LOPEZ

Minister of Housing, Construction and Sanitation

1997845-1