The Peruvian - Emergency Decree that dictates extraordinary measures for the acquisition and distribution of the use of textile facial masks for community use and dischargeable surgical masks for community use within the framework of the Sani emergency

Emergency decree

No. 04two-two0two1

Emergency decree QUE DICTA MEDIDAS EXTRAORDINARIAS PARA LA ADQUISICIÓN Y DISTRIBUCIÓN DEL USO DE MASCARILLAS FACIALES TEXTILES DE USO COMUNITARIO Y MASCARILLAS DESCARTABLES QUIRÚRGICAS PARA USO COMUNITARIO EN EL MARCO DE LA EMERGENCIA SANITARIA POR LOS EFECTOS DEL CORONAVIRUS (COVID-19)

THE PRESIDENT OF THE REPUBLIC

CONSIDERING:

That, the World Health Organization (WHO) raised the alert for the COVID-19 at “very high level” worldwide after outbreak cases that were detected in more than one hundred twenty (1two0) countries, declaring said outbreakas an emergency of public health of international relevance due to the risk of propagation of the virus originated in China to other countries;And, since March 11, two0two0, he characterized it as a pandemic for its rapid expansion globally, even more with the entry of new strains of higher level of infection to the national territory;

That, according to the technical report called: “Increase in respiratory protection against suspended particles with high probability of containing viral load of Sars-COV-two” carried out by the National Institute of Health (INS), showed that the use of double mask(a surgical and one of fabric) increases the level of protection against COVID-19;

That, by Supreme Decree No. 008-two0two0-SA, Supreme Decree that declares in national health emergency for a period of ninety (90) calendar days and dictates prevention and control measures of the COVID-19, is declared in health emergency emergencyAt the national level, for the period of ninety (90) calendar days, for the existence of COVID-19, and prevention and control measures are issued to avoid its propagation;the same that has been extended through the supreme decrees.0two0-two0two0-SA, 0two7-two0two0-SA, 031-two0two0-SA and 009-two0two1-SA, this last extends the health emergency, as of March 7, two0two1, for a period of one hundred eighty (180) days dayscalendar;In the face of which, the Ministry of Health must maintain the necessary measures for the state of alert and response to the Covid-19 pandemic;

That, according to Supreme Decree No. 184-two0two0-PCM, Supreme Decree that declares a national state of emergency for serious circumstances that affect the lives of people as a result of COVID-19 and establishes the measures that citizens must followIn the new social coexistence, the state of national emergency is declared for a period of thirty -one (31) calendar days, starting on Tuesday, December 1, two0two0, due to the serious circumstances that affect the lives of people as a result ofthe COVID-19;which has been extended through the supreme decrees.two01-two0two0-PCM, 008-two0two1-PCM, 036-two0two1-PCM, 058-two0two1-PCM and 076-two0two1-PCM, the latter extends the national state of emergency, for a period of thirty-one (31) dayscalendar, as of Saturday, May 1, two0two1;

That, in accordance with numeral 8.4 of article 8 of Supreme Decree No. 184-two0two0-PCM, and amendments, the use of mask is mandatory to circulate on public use roads.Also, according to numeral 7.1 of article 7 of the aforementioned Supreme Decree, the National Government, which includes the Ministry of Health, must continue to promote and monitor among other activities, the use of masks;

That, articles 53 and 54 of Legislative Decree No. 1440, Legislative Decree of the National Public Budget System, establishes that the public sector budget laws consider a contingency reserve that constitutes a global budget loan within the budget of the Ministry of Economy and Finance, aimed at financing the expenses that, due to their nature and the situation, cannot be provided for in the budgets of the specifications, providing that the transfers or qualifications that are carried out by the contingency reserve are authorized by the Supreme Decree endorsed by the Minister of Economy and Finance;

That, in order to allow the vulnerable population of Peru to have means of protection against COVID-19, it is of urgent interest and urgently adopt extraordinary measures in economic and financial matters that allow the Ministry of Health, in the fieldof their competences, allocate resources for the acquisition and distribution of textile facial masks for community use and dischargeable surgical masks for community use within the framework of the health emergency at the national level caused by the COVID-19, among other provisions;

In use of the powers conferred by numeral 19) of article 118 of the Political Constitution of Peru and subsection two of article 11 of Law No. two9158, Organic Law of the Executive Power;

With the approval vote of the Council of Ministers;Y,

Charged to give an account to the Congress of the Republic:

Decree:

Article 1.Object

This emergency decree is intendedTextile facials for community use and dischargeable surgical masks for community use within the framework of the health emergency generated by the Covid-19 outbreak.

Article two.Public Good Declaration

Declare to the textile facial masks for community use and surgical disposable masks for community use as “public good”, within the framework of the health emergency declared by Supreme Decree No. 008-two0two0-SA and its extensions.

Article 3.Authorization to the Ministry of Health for Acquisition and Distribution of Textile Facial Masks for Community Use and Discardable Surgical Masks for Community Use, in favor of the population in situations of vulnerability and transfer of items.

3.1 Authorize the Pliego 011.Ministry of Health, so that through the Executing Unit 1two4: National Center for Supply of Strategic Health Resources and the Executing Unit 001: Central Administration - MINSA, make the acquisition and distribution of textile facial masks for community use and discharges Surgical Surgical MasksFor community use, in favor of the population in vulnerability.

3.two Exceptionally Authorize a transfer of items in the public sector budget for fiscal year two0two1, up to the sum of S/ 45 3two0 000.00 (forty -five million three hundred and twenty thousand and 00/100 soles), in favor of the Pliego 011.Ministry of Health, to finance the acquisition and distribution of textile facial masks for community use and discharge surgical masks for community use, charged to the resources of the Contingency Reserve of the Ministry of Economy and Finance, according to the following detail:

From: in soles

First section: Central Government

Pliego 011: Ministry of Economy and Finance

Executing Unit 001: General Administration

Budget category 900two: Budget allocations that do not

They result in products

Activity 5000415: Process administration

Public Sector Budget

Financing Source 1: Ordinary Resources

CURRENT EXPENDITURE

two.0 Reserva de Contingencia 45 3two0 000,00

-------------------

TOTAL EGRESOS 45 3two0 000,00

=========

A: In soles

First section: Central Government

Pliego: Ministry of Health

Executing Unit 001: Central Administration - Minsa

Budget category 900two: Budget allocations that do not

They result in products

ACTIVIDAD 5006two69 : Prevención, control, diagnóstico y

Coronavirus treatment

Financing Source 1: Ordinary Resources

CURRENT EXPENDITURE

two.3 Bienes y Servicios 45 3two0 000,00

=========

TOTAL EGRESOS 45 3two0 000,00

=========

3.3 The holder of the statement enabled in the present transfer of items approves by resolution, the disaggregation of the resources authorized in the preceding numeral, at the programmatic level, within the five (05) calendar days of the validity of this Emergency Decree.Copy of the resolution is sent within five (05) calendar days approved to the agencies indicated in numeral 31.4 of article 31 of Legislative Decree No. 1440, Legislative Decree of the National Public Budget System.

3.4 The Budget Office or the one that makes its times in the specifications involved, requests the General Directorate of Public Budget, the encoding that are required as a result of the incorporation of new income, purposes and units of measurements.

3.5 The Budget Office or the one that makes its times in the specifications involved instructs the executing units to prepare the corresponding “notes for budget modification” that are required, as a consequence of the provisions of this article.

Article 4.Of the acquisition and distribution of the textile facial masks for community use and disasters surgical for community use

4.1 dispose that the regularization of the hiring provided for numeral 3.1 del artículo 3 que se realicen en el marco del literal b) del numeral two7.1 del artículo two7 del Texto Único Ordenado de la Ley Nº 30twotwo5, Ley de Contrataciones del Estado, aprobado mediante Decreto Supremo Nº 08two-two019-EF, y el literal b) del artículo 100 del Reglamento de la Ley Nº 30twotwo5, Ley de Contrataciones del Estado, aprobado mediante Decreto Supremo Nº 344-two018-EF, se realice en un plazo máximo de cuarenta y cinco (45) días hábiles, cuyo inicio se computa de acuerdo a lo previsto en el citado Reglamento.

4.two.The distribution of goods referred to in numeral 3.1 of article 3 of this emergency decree, will be carried out through the public entities determined by the Ministry of Health, safeguarding the health provisions within the framework of the health emergency.

4.3 Authorize, exceptionally, within the framework of the health emergency by COVID-19, to the entities of the national, regional and local government, to acquire and distribute (which includes hiring the transport associated with said acquisition and distribution) Distribution) Textile facial masksof community use and dischargeable surgical masks for community use, in favor of the population in a situation of vulnerability, charged to the resources of their institutional budgets, without demanding additional resources to public treasury.

4.4.The regularization period provided in numeral 4.1.This article will apply for the hiring made by the entities of the National, Regional and Local Government to acquire and distribute textile facial masks and discardable surgical masks for community use, in favor of the population in vulnerability situations.

Article 5.Responsibility on the use of resources

The specifications involved in this emergency decree are responsible for their adequate implementation, as well as the use and destination of the resources included in the application of this Emergency Decree, in accordance with current regulations.

Article 6.Financing

The implementation of the provisions of this Emergency Decree is financed by the resources of the Contingency Reserve referred toInstitutional of the Ministry of Health.

Likewise, the provisions of numeral 4.3 of article 4 of this emergency decree, is financed by the institutional budget of the specifications involved without demanding additional resources to public treasury.

Article 7.Faculties to the Ministry of Health

By ministerial resolution, the Ministry of Health establishes the complementary provisions necessary for compliance with the provisions of this Emergency Decree, regarding the eligibility criteria of the beneficiary population, the intersectoral and intergovernmental coordination and articulation mechanisms, for theDistribution of Textile Facial Masks for Community Use and Discardable Surgical Masks for Community Use In order to avoid omissions or duplicity in their delivery, as well as other complementary provisions.

Article 8.Validity

El presente Decreto de Urgencia tiene vigencia hasta el 31 de diciembre de two0two1.

Article 9.Refrendo

This emergency decree is endorsed by the president of the Council of Ministers, the Minister of Economy and Finance and the Minister of Health.

Given in the Government House, in Lima, on the twenty -eight day of the month of April of the year two thousand and twenty -one.

Francisco Rafael Sagasti Hochhausler

Republic President

Violeta Bermúdez Valdivia

President of the Council of Ministers

Waldo Mendoza Bellido

Minister of Economy and Finance

Óscar Ugarte Ubilluz

Health Minister

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