EL SALVADOR: APPROVED REGULATION
- LEGISLATIVE ASSEMBLY
- EXECUTIVE BRANCH
- JUDICIAL BRANCH
EL SALVADOR: REGULATION TO BE APPROVED
- LEGISLATIVE ASSEMBLY
Legislative Decree No. 593 dated March 14, 2020- Declaration of National Emergency
No worker who is quarantined by COVID-19, ordered by the competent health authority, nor those who are unable to return to the workplace due to immigration or health restrictions, may be dismissed or be subject to discounts on their wages. The guarantee of job stability will start as soon as the quarantine has been ordered and will last up to 3 months after it ends, unless there are legal causes for termination of the employment relationship.
Legislative Decrees N ° 593 and N ° 594, Executive Decree N ° 6 in the field of Health dated March 16, 2020 – Provisions to Order Workers to Return to Their Home to Protect themselves from the Covid-19 Pandemic Spread, and to Guarantee your Remuneration
All workers who are included within the categories included as “high risk” according to the Decree, must protect themselves in their respective places of residence and the employer will have to maintain the payment of their wages, while the application of the legislative decrees lasts. ° 593 (30 days from 03/16/2020), N ° 594 (15 days from 03/16/2020) or its extensions.
Executive Decree No. 7 of March 16, 2020 – Suspension of establishment operations
The following work centers have been ordered closed: bars, clubs, gyms and others whose nature is the sale of alcoholic beverages or activities related to entertainment or recreation of any kind. By subsequent orders, dental clinics (they will only be able to attend emergencies), maquilas, call centers and shopping centers (only supermarkets, banks and pharmacies that are within them) can be included in this list.
Telework Regulation Law
Legislative Assembly approves the Telework Regulation Law, which aims to promote, harmonize, regulate and implement telework as an instrument for job creation and modernization of public, private and autonomous institutions, through the use of information technology. Information and communication. March 20, 2020.
Special and Transitory Law on the Method of Payment of the Income Tax Applicable to Small Taxpayers, Tourism, Electric Power, Television, Internet and Telephone Services, and on the Special Contribution for the Promotion of Tourism.
Legislative Assembly approves provisions to extend the payment of the special contribution for the promotion of tourism and the payment of Income Tax to companies in the tourism sector for up to one month, not to exceed the amount of US $ 25,000.
Special and Transitory Law on the Method of Payment of the Income Tax Applicable to Small Taxpayers, Tourism, Electric Power, Television, Internet and Telephone Services, and on the Special Contribution for the Promotion of Tourism
Legislative Assembly approves to extend the payment of Income Tax for all taxpayers with a payment of less than US $ 10,000, expanding the payment by up to a maximum of eight installments.
Transitional provisions to the Law of Free Zones
Legislative Assembly approves transitional provisions to simplify the procedure for donating goods by companies regulated in the Free Zones Law.
Special and Transitory Law on the Method of Payment of the Income Tax Applicable to Small Taxpayers, Tourism, Electric Power, Television, Internet and Telephone Services, and on the Special Contribution for the Promotion of Tourism
Legislative Assembly approved to extend the payment of the Income Tax for the fiscal year 2019, to all taxpayers who provide the service of generation, transmission, distribution and commercialization of electric energy, and to telecommunications services, for a maximum of eight monthly installments, with the prior authorization of the General Treasury Directorate.
Modification of the Central American import tariff
The Legislative Assembly temporarily eliminates the Central American import tariff on essential food products, medications for respiratory diseases, and hygiene and cleaning products for the duration of the COVID-19 emergency.
Transitory Law to Defer the Payment of Bills for Water, Electric Power and Telecommunications Services (Telephone, Cable and Internet)
Legislative Assembly approves Transitory Law to Defer the Payment of Bills for Water, Electric Power and Telecommunications Services. This provision will apply to invoices for the months of March, April and May of this year, which will be paid in level installments between July and December. Benefitting natural and legal persons who have experienced a decrease in their income due to the crisis caused by COVID-19.
Modification to article 9 of Decree No. 593, dated March 14, 2020
The Legislative Assembly approved suspension of procedural terms and deadlines in administrative and judicial procedures without distinguishing matter and the instance in which they are found. The measure includes disqualification of civil and commercial obligations derived from contracts. The periods provided by the Constitution for administrative detention, the term of inquiring and consequently the hearings derived from the latter, as well as the relative protection measures of intra-family violence and the powers provided for in articles 35 and 45 of the Penitentiary Law, relating to the competences of the judges for penitentiary supervision and execution of the sentence, and judicial complaints. This provision will be maintained for the duration of the emergency by COVID-19.
Modification to Decree No. 593, dated March 14, 2020
On March 23, 2020, the Legislative Assembly amended Legislative Decree No. 593 approved on March 14, 2020, authorizing the Executive Branch, in the field of Health, to purchase directly from the supplier the equipment and medicine necessary to attend to Salvadorans affected with the COVID-19 virus, avoiding delays in the processes. This measure implies the exemption of procedures established in the Public Administration Procurement and Contracting Law (LACAP for its abbreviation in Spanish).
Response Plan and Economic Relief
On March 26, 2020, the Legislative Assembly approved the Economic Response and Relief Plan, consisting of the temporary suspension of the Fiscal Responsibility Law, as well as the acquisition of debt for US $ 2,000 million to mitigate the effects of the emergency before COVID -19. The debt may be contracted by issuing securities or acquiring loans abroad. 70% will be to attend to the health emergency and the other 30% will be for the municipalities.
Reforms to the Transitory Law for the Delivery of Economic Compensation and Stabilization of Collective Transport Service Tariffs
On March 26, 2020, the Legislative Assembly approved the reform of the Transitional Law for the Delivery of Economic Compensation and Stabilization of Public Passenger Transportation Services through which the subsidy to the fare of public transport is transferred to the permit holders and not just to concessionaires. Furthermore, the subsidy must be made ten working days after the end of the month of service. The measures are designed to make the payment of compensation under COVID-19 emergency guidelines more efficient.
Legislative Decree No. 611 – New Temporary Restriction of Constitutional Rights Law to Address the Pandemic COVID-19
On March 29, 2020, the Legislative Assembly approved a new Law on the Temporary Restriction of Constitutional Rights to Address the Pandemic COVID-19, through which the constitutional rights of freedom of transit, peaceful assembly, and change of domicile have been restricted for 15 days. In this new decree, the following points have been added: the executive body must prepare a Protocol of Integral Application of the endorsed decree, as well as observe the precautionary measures established by the Constitutional Chamber of the Supreme Court of Justice on March 26, 2020, under Hábeas Corpus procedure 148-2020.
Transitional Provisions for the Protection of Health Personnel
On April 1, 2020, the Legislative Assembly approved provisions for the benefit of Salvadorans who daily dedicate themselves to fighting against the COVID-19 pandemic. These provisions declare the work of these health professionals as essential, making it a public good that must be protected by the State. The Government is under the obligation to train health professionals and workers in the management of patients with highly communicable diseases such as COVID-19 and its prevention.
Transitory Decree to control the return of Salvadorans who were outside the country and could not return when the State of National Emergency from the COVID-19 Pandemic was decreed
On April 1, 2020, theLegislative Assembly approved the Transitory Decree to control the return of Salvadorans who, at the time of decreeing the State of National Emergency due to the COVID-19 Pandemic, were outside the country and could not return. This decree forces the Government of the Republic to provide the facilities for Salvadorans abroad to return to the country, regardless of their immigration status; the Government must allow their entry, either by air, land or sea, respecting the appropriate health and quarantine measures.
Transitory Provisions to guarantee the continuity of the provision of ISSS health services to unemployed workers
On April 1, 2020, the Legislative Assembly approved Transitory Provisions to guarantee the continuity of the availability of health services of the Salvadoran Social Security Institute (ISSS) to workers in a condition of unemployment or with a suspended employment contract. Through these provisions, the ISSS must guarantee general health system coverage to workers who, at the time of the entry into force and during its validity, of the decree of the National Emergency COVID-19 Pandemic, have become unemployed or are affected by the suspension of the labor contract, regardless of whether the employers have complied with the payment of employer and labor contributions.
Transitional provisions to the Law of Non-Profit Associations and Foundations, within the framework of the State of National Emergency of the COVID-19 Pandemic
On April 1, 2020, the Legislative Assembly approved the transitional Provisions to the Law of Non-Profit Associations and Foundations, within the framework of the State of National Emergency of the COVID-19 Pandemic. This decree authorizes the administrative bodies of associations and foundations duly legalized and registered to continue to exercise their legal representation even though their election ended before or during the declaration of the emergency. Therefore, such administrations may continue to exercise their functions during this period.
Amendment to Decree No. 593 dated March 14, 2020, by which the State of National Emergency of the Pandemic was declared by COVID-19
On April 1, 2020, the Legislative Assembly amended Decree No. 593 dated March 14, 2020, by which all food and beverage companies, including their production, distribution, and supply chain, are permitted to maintain their operations and are authorized to prepare and guarantee their contribution of nutritional value to the diet of the Salvadoran people.
Special and transitory provisions for the exemption of import taxes on beans, rice and corn
On April 1, 2020, the Legislative Assembly approved special and transitory provisions to exempt the Ministry of Agriculture and Livestock as well as private importers from the payment of Import Duties and VAT on the purchase of white corn, red and black beans, white and parboiled rice, for human consumption.
Legislative Decree No. 622 – Extension of Declaration of National Emergency of the Pandemic COVID-19.
On April 12, 2020, the Legislative Assembly approved the extension of the National State of Emergency of the COVID-19 Pandemic for four (4) days, until April 16, while working on a new decree that applies to all needs arising from the pandemic. The measures and restrictions contained in the first emergency decree will remain in force.
Extension of Decree No. 593 – State of National Emergency of the Pandemic COVID-19.
On April 16, 2020, the Legislative Assembly approved an extension of the National Emergency of the Pandemic COVID-19 for 15 days, ending May 1, 2020. Measures and restrictions will remain the same as originally approved. The Executive branch will always be responsible for the implementation of the State of Emergency.
Special Law of Recognition to Health Professionals and Workers in the face of the COVID-19 Pandemic.
On April 16, 2020, the Legislative Assembly approved the Special Law of Recognition of Health Professionals and Workers in the face of the COVID-19 Pandemic. This provision guarantees the protection of health personnel and ensures that they will have the biosecurity equipment necessary to combat the pandemic.
Legislative Decree No. 620 – Provisions for the benefit of the work and protection of health and medical professionals in the fight against the COVID-19 pandemic.
On April 23, 2020, the Legislative Assembly approved provisions to protect and ensure the work of medical and health personnel during the COVID-19 emergency. The measures hold the government of El Salvador accountable for providing adequate equipment to safeguard health personnel, the necessary training to combat the pandemic effectively, and guaranteeing such professionals life insurance to provide security for their families.
Extension of Legislative Decree No. 593 – State of National Emergency of the Pandemic COVID-19.
On April 30, 2020, the Legislative Assembly approved the extension of the National Emergency of the Pandemic COVID-19 for 15 days until May 16, 2020. The terms, conditions and obligations remain the same, including the mandatory household quarantine.
Legislative Decree No. 635 – Special Transitory Law to facilitate the presentation and payment of Income Tax, the Payment on Account of Income Tax and other formal obligations, within the framework of the COVID-19 emergency.
On April 30, 2020, the Legislative Assembly approved the Special Transitory Law to facilitate the presentation and payment of Income Tax, the Payment on Account of Income Tax and other formal obligations whereby the term for the presentation of the Income Tax declaration for medium, large and other taxpayers is extended until June 30, 2020, enabling up to 7 installment payments depending on the category of taxpayer. The advance payment on account for April, May and June is also exempted, and the fulfillment of formal obligations, such as the appointment of a fiscal auditor, the presentation of financial statements, etc., is extended for 2 months.
Legislative Decree No. 632 – Special Law to Protect the Rights of Persons during the COVID-19 State of Emergency.
On April 30, 2020, the Legislative Assembly approved the Special Law to Protect the Rights of People during the State of Emergency due to the Covid-19 pandemic. The regulations created in mid-April in response to the pandemic establish a framework for action by the authorities, State institutions and individuals, that respects personal and human rights, under the laws, treaties and jurisprudence of the Constitutional Chamber.
Law to Regulate Isolation, Quarantine, Observation and Surveillance of COVID-19.
On May 4, 2020, the Legislative Assembly enacted the Regulation Law for Isolation, Quarantine, Observation and Surveillance of COVID-19, authorizing a regulatory body to develop the conditions, time and form of quarantine compliance, surveillance, and observation of persons subject to control measures in the face of the COVID-19 pandemic.
Salvadoran Employment Protection Law.
On May 4, 2020, the Legislative Assembly approved the Salvadoran Employment Protection Law to develop exceptional and temporary regulations to safeguard the job stability of private-sector workers, guaranteeing a decent income without undermining the sustainability of business activity. The Ministry of Labor and Social Security will supervise the measures contained in these regulations.
Special Transitory Law on Measures for the Agricultural Sector to Guarantee Food Security in the Face of the National Emergency and the Effects due to the COVID-19 pandemic.
On May 7, 2020, the Legislative Assembly approved this special law to decree the suspension for three months of the payment of capital and interest by food producers, be they natural or legal persons, as well as agricultural cooperatives that have debts for agricultural credits with state and private banks. Quotas not canceled due to the emergency must be paid within a period of up to six months.
Transitory Law to Facilitate Voluntary Compliance with Tax Obligations under the National Emergency Caused by the Pandemic by COVID-19.
On May 14, 2020, the Legislative Assembly approved the transitional law that extends until June 30, 2020, the term for individuals, subjects qualified as others, medium or large taxpayers to file their income tax returns, without incurring fines, interest, or surcharges. The law contains an extension for other formal compliance for up to 2 months.
Transitional Provisions for the Extension of Judicial and Administrative Terms within the framework of the Regulation Law for Isolation, Quarantine, Observation and Surveillance under COVID -19.
On May 14, 2020, the Legislative Assembly approved transitional provisions that extend the suspension of administrative and judicial terms for up to 8 days, starting on May 17. The foregoing implies that those persons who are unable to fulfill their obligations because they are directly affected by the measures applied in compliance with this law will not breach contractual obligations and incur civil or commercial penalties.
Special Law for Recognition of Health Professionals and Workers in the Face of the COVID-19 Pandemic.
On May 14, 2020, the Legislative Assembly approved this provision, which guarantees health workers the training and equipment necessary to face the pandemic. Also, in the event of the death of a spouse who worked within the emergency, the State, through the Ministry of Public Health, will grant a life pension to the family of the deceased equivalent to the last salary earned by the professional at the time of death.
Transitional Provision for the Extension of Judicial and Administrative Terms within the framework of the Special Transitory Law for Comprehensive Health Care and the Resumption of Work in the Framework of the Pandemic by COVID-19
On May 21, 2020, the Legislative Assembly approved the above provision before the expiry of the previous extension for the suspension of administrative and procedural terms and deadlines. As a result, the procedural terms and deadlines in administrative and judicial procedures are suspended from May 25 to 29, 2020, whatever the matter or the instance in which they are found.
Extension of the Special Law to Facilitate the Cancellation of Agrarian and Agricultural Debts
On May 21, 2020, the Legislative Assembly agreed to extend for one year, from June 1, 2020, debts for agricultural and agricultural purposes. Civil or commercial processes already started at any stage against the debtors are suspended for that period. Financial institutions are required to report on this transitional provision by note or other means.
Extends the Transitory Provision for the Extension of Judicial and Administrative Deadlines under the Special Transitory Law for Comprehensive Health Care and the Resumption of Work in the Framework of the Pandemic by COVID-19.
On May 30, 2020, the Legislative Assembly extended the effects of the aforementioned decree through which it suspended the procedural terms and deadlines in administrative and judicial procedures, whatever the matter and instances in which they may be; the provision will be valid for ten days and expires on June 10, 2020.
COVID-19 Law for the Promotion and Regulation of Blood Plasma Donation of Recovered Patients.
On July 23, 2020, the Legislative Assembly approved a law to regulate the extraction and donation of blood plasma from people recovered from COVID-19 which contemplates the application of infractions and sanctions, while prohibiting the request for or receive any type of gratification, remuneration, or gift in cash or kind for the granting of plasma.
Temporary decree for health workers to take a personal test for COVID-19.
On July 29, 2020, the Legislative Assembly issued a temporary Decree that requires all health workers to undergo diagnostic tests for COVID-19 that demonstrate the presence or absence of the virus or antibodies. The regulations define that the Ministry of Health must periodically perform diagnostic tests for COVID-19 on health personnel to identify who is symptomatic or asymptomatic.
Transitional provision to protect Workers with Medical Conditions Vulnerable to COVID -19.
On September 3, 2020, the Legislative Assembly issued the related transitory decree by which it protects women in high-risk pregnancy, persons over 60 years of age with chronic diseases, those with chronic kidney failure or organ transplants, convalescents from COVID-19 in their first month of recovery, and other people in a delicate state of health, authorizing them to say home from their workplaces without consequences, empowering the telework modality.
Special Transitory Law for the Constitution of the Economic Compensation Fund for Family Members of Health Personnel.
On September 3, 2020, the Legislature issued the aforementioned law in which compensation to be delivered to the relatives of the medical personnel will be $30 thousand and will be paid as a single amount for each death attributable to COVID-19.
Transitional Provisions for all health workers to undergo diagnostic tests for COVID-19 that demonstrate the presence or absence of the virus or antibodies.
On September 3, 2020, the Legislative Assembly approved the aforementioned decree by which it urged the Ministry of Health to perform periodically on health personnel diagnostic tests that can detect the presence of COVID-19, in order to identify asymptomatic cases in time.
Transitional law for the adjustment of the payment of the annual rate established in article 116 of the Telecommunications Law due to the COVID-19 crisis.
On October 22, 2020, the Legislative Assembly approved this law because advertising investment, which is the main sustenance of radio and television, has suffered a strong and notorious decline due to the economic crisis caused by the pandemic. In this sense, the transitory law establishes that the aforementioned holders will enjoy by 2020 a 90% discount in the payment of the rate established in art. 116, and which is paid annually in October to the SIGET.
Special Transitory Law to contain the pandemic due to the COVID-19 disease.
On October 29, 2020, the Legislative Assembly approved the aforementioned law to establish the provisions for the comprehensive care, management and control of the pandemic. Among the aspects governed by the regulatory framework, there is the intensification of sanitary measures in workplaces and public passenger transport, the guarantee of entry into the country for nationals who stayed abroad in a pandemic period, the establishment of guidelines that ensure transparency in the use of public funds, and the development of awareness campaigns on the sanitary measures to be followed to contain the spread of the coronavirus.
Executive Decree of Closure of Shopping Centers
As of March 19, 2020, the President of the Republic Nayib Bukele ordered the closure of all the shopping centers in the country, only the bank agencies, supermarkets and pharmacies that are within them will remain open. The closure does not apply to street side convenience centers. The measure will remain for 14 extendable days.
Executive Decree of closure of maquilas and call centers
As of March 19, 2020, the President of the Republic Nayib Bukele ordered the temporary closure of the marketing and production maquilas, as well as the international call centers (known as “call centers”) for a period of 15 days. . Employees must be sent home with remuneration, companies that do not comply will be fined and closed indefinitely.
Executive Decree No. 12 – Extraordinary Measures of Prevention and Containment to Declare the National Territory as a Zone Subjected to Sanitary Control, in order to Contain the COVID-19 Pandemic
On March 21, 2020, the President of the Republic Nayib Bukele ordered a total household quarantine for the entire country, being in effect for 30 days. Salvadorans will not be able to move freely in the territory, excluding the exceptions detailed in the Decree. Likewise, a compensation bonus of US $ 300 will be granted for housing, to people with no employment relationship or no permanent income and who are affected by the Pandemic. Public employees who carry out activities directly related to the combat of COVID-19 will receive a US $ 150 bonus.
Amendments to Executive Decree No. 12 – Extraordinary Measures of Prevention and Containment to Declare the National Territory as an Zone Subject to Sanitary Control, in order to Contain the COVID-19 Pandemic
On March 27, 2020, the President of the Republic Nayib Bukele announced amendments to Executive Decree No. 12, regarding the measures previously issued, in order to Contain the COVID-19 Pandemic. One of the most relevant changes has been to limit the activity of the food and industry sectors only to the production of necessary and essential food and goods in the face of the emergency.
The Government of El Salvador initiates an economic support plan for the COVID-19 pandemic
On March 28, 2020, the government’s economic support plan for the pandemic COVID-19 began. The plan consists of providing $300 per household or family to those directly affected by the pandemic, without jobs, or informal sector workers. From this date, the beneficiaries will receive the support by bank transfer or by withdrawal at locations designated by the government or financial institutions.
Executive Decree No. 17 – Guidelines for the Public Passenger Transport Sector in the Framework of the National Emergency by COVID-19.
On April 3, 2020, the Executive Branch issued Executive Decree No. 17, which provides guidelines to concession companies that provide public transportation service for the implementation of mandatory health control measures within transport units, as a way to protect the health of persons using the service.
Executive Decree No. 18 – Extraordinary Measures of Prevention and Containment to Restrict Public Circulation at Beaches, Resorts and Tourist Destinations.
On April 3, 2020, the Executive Branch issued Executive Decree No. 18, which orders that all beaches, rivers, lakes, mountains, resorts, tourist towns, historic and cultural attractions will remain closed due to the COVID-19 epidemic emergency. The purpose of this measure is to protect the health of the population against the possibility of breaking the household quarantine imposed by the national vacation.
New Prevention and Containment Decree to Declare the National Territory as a Zone Subject to Sanitary Control, to Contain the COVID-19 Pandemic.
On April 6, 2020, the President of the Republic, Nayib Bukele, announced that he will extend the quarantine for an additional 15-day period under existing terms and restrictions. The measure will remain in effect until April 28 of this year. The president also announced that he will be more severe with mobility restrictions to ensure enforcement of the quarantine.
Provisions for the mandatory use of masks.
The President of the Republic Nayib Bukele announced that under the domicile quarantine decree, starting on April 13, 2020, the use of a mask will be mandatory for all persons who, justifiably, must leave their homes. Those who do not wear a mask will be sent to a Controlled Quarantine Center for 30 days.
Executive Decree No. 19 – Extraordinary Prevention and Containment Measures against the COVID-19 Pandemic Declare the National Territory a Sanitary Control Zone.
On April 13, 2020, the Executive Branch issued Executive Decree No. 19, which renews the domicile quarantine of Executive Decree No. 12 under the same terms and restrictions, adding the mandatory use of a mask for all people who, justifiably, must leave their homes. Those who do not wear a mask will be sent to a Controlled Quarantine Center for 30 days. *In revision by the Constitutional Chamber of the Supreme Court.
Government of El Salvador announces suspension of payment for electric services.
The General Superintendence of Electricity and Communications (SIGET) announced that, as of April 15, 2020, payment of the electric bill is suspended until further notice. Under no circumstances will non-payment result in the interruption of electricity service. The purpose of this measure is to assist a Salvadoran population that is suffering financially because of the COVID-19 national emergency.
Government of El Salvador empowers municipalities to take sanitary measures.
On April 18, 2020, the President of the Republic Nayib Bukele authorized the 262 mayors of the country to establish municipal traffic controls in addition to those established in Executive Decree 19. This measure is to combat the contagion of COVID-19 by harmonizing the efforts of local governments with that of the National Civil Police, the Armed Forces and the Municipal Agents.
Executive Decree No. 21 Extends the Extraordinary Prevention and Containment Measures against the COVID-19 Pandemic Declaring the National Territory a Sanitary Control Zone.
With the entry into force of Executive Decree No. 21 on April 28, 2020, the terms and conditions of Executive Decree No. 19 are extended until May 16, 2020, with the country remaining in mandatory household quarantine until then.
Executive Decree No. 22 – Extraordinary Measures of Prevention and Containment to Declare the National Territory as an Area Subject to Sanitary Control to Contain the COVID-19 Pandemic.
The President of the Republic, Nayib Bukele, announced that Executive Decree No. 22, repealing Executive Decree No. 21, goes into effect on May 7, 2020. This new decree maintains existing terms and restrictions while tightening traffic measures, enabling provisional detention for breach of home quarantine, and requiring an identity document to permit justified exits.
Executive Decree No. 23 – Transportation Measures for health and security personnel and vulnerable population during the special quarantine.
The President of the Republic, Nayib Bukele, through the executive body, approved on May 7, 2020, Executive Decree No. 23, which guarantees that, given the closure of public transport, government facilities will be provided for the mobility and transportation of health and security personnel, as well as persons in delicate health while under special quarantine.
Executive Decree No. 27 – Special authorizations for quarantine operations in the event of the “Amanda” tropical storm emergency.
On May 31, 2020, the Executive Branch, through the Minister of Health, issued special operating rules for hardware stores throughout the country, until June 4, so that they can operate and attend during the emergency without document of identification restriction, and with only 40% of store personnel.
Executive Decree No. 28 – Special authorizations for movement in quarantine in the event of “Amanda” tropical storm emergency.
On May 31, 2020, the Executive Branch, through the Minister of Health, issued special regulations within the quarantine to authorize the movement of persons who are engaged in masonry, carpentry, and electricians; factories that produce beds and mattresses can work for 5 days, until Thursday, June 4, 2020.
Executive Decree 31 – Sanitary Protocols to Guarantee the Rights of Individuals to Health and Life in the Gradual Process of Reactivating the Economy during the COVID-19 pandemic, applicable to the western, central and eastern areas of the Republic of El Salvador.
On June 13, 2020, the Executive Branch, through the Minister of Health, announced the gradual reopening of the economy from June 16, 2020, by planning 5 gradual phases by sector and economic activity. The measures are expected to end by August 21, 2020, with the full resumption of economic, social, and cultural activities.
Government of El Salvador suspends the second phase of economic reopening.
On July 19, 2020, the Government of El Salvador, in response to the behavior of the pandemic by COVID-19 in Salvadoran territory, suspended the start of the second phase of economic reopening, which was scheduled for July 21. The President of the Republic, Nayib Bukele, announced the suspension and has not set a date for this phase to take effect.
Executive Decree 32 – Sanitary Protocols to Guarantee the Rights to Health and Life of Persons in the Gradual Reactivation Process of the Economy, during the COVID-19 pandemic, applicable to the western, central and eastern areas of the Republic of El Salvador.
On July 29, 2020, the Executive Branch, through the Ministry of Health, announced an extension to the gradual reopening of the economy, due to the behavior of the pandemic in Salvadoran territory. Phase 1, which is currently in force, will end on August 20, 2020, giving way to phase 2. Phase 3 will start on September 4, phase 4 on September 19 and the last phase on October 4. The dates established herein may be modified as the pandemic evolves.
Executive Decree 33 – Sanitary Protocols to Guarantee the Rights to Health and Life of Persons in the Gradual Reactivation Process of the Economy, during the COVID-19 pandemic, applicable to the western, central and eastern areas of the Republic of El Salvador.
On August 8, 2020, the Executive Branch, through the Ministry of Health, issued executive decree 33, which reforms executive decree 32 intending to extend the effects of Phase 1 because of the declaration of unconstitutionality of August 7, 2020. This executive decree is under a review of constitutionality.
7-point plan for orderly, healthy, and intelligent reopening.
Because of the declaration of unconstitutionality of Executive Decree 32, on August 9, 2020, the Executive Branch prepared a 7-point plan to order the reopening, which includes an expansion to the hospital network, random tests, delivery of medicinal kits, the formation of clusters for departures, delivery of food packages, the issuance of an immunity card for the recovered and the hiring of immune persons for logistics and delivery of government aid programs.
Measures for economic reopening in El Salvador.
After more than 100 days of national paralysis to avoid contagion, the government of El Salvador decided on August 24, 2020, to open the economy to commercial activities without a law that orders opening phases. The executive body merely recommends maintaining telework in those activities to which it is suited and in compliance with the biosafety protocols established by the Ministry of Health.
Unconstitutionality 63-2020 – Resolution of the Constitutional Chamber dated May 22, 2020.
By decision dated May 22, 2020, in the process No. 63-2020, the Constitutional Chamber decreed the provisional suspension of Executive Decree 19 and subsequent manifestations of it, alleging that even in the pandemic, constitutional and legal mechanisms established in the system of Salvadoran legal sources must be respected, understanding that not even in times of emergency can the Executive usurp the powers of another State branch.
Unconstitutionality 21-2020 – Resolution of the Constitutional Chamber dated June 8, 2020.
By resolution dated June 8, 2020, in the process No. 21-2020, the Constitutional Chamber declared the unconstitutionality of the executive decree 29 with which the Executive seeks to currently govern the mandatory household quarantine, and by which they extended for another 15 days the same measures to restrict citizens’ rights. The court has given the state organs 4 days to issue a new law attached to the Constitution.
Unconstitutionality 21-2020 – Constitutional Chamber Resolution dated August 7, 2020.
By resolution dated August 7, 2020, in the process No. 21-2020, the Constitutional Chamber declared executive decree 32 unconstitutional by which the executive body had implemented the economic reopening. The collegial body argued that the limitation of constitutional rights must be carried out through secondary regulations approved by the Legislative Assembly, and not through a decree. The resolution will go into effect on August 23, 2020.
Amparo 167-2020 – Resolution of the Constitutional Chamber dated September 18, 2020.
Through a resolution dated September 18, 2020, in the process No. 167-2020, the Constitutional Chamber nullified the order of the Executive Branch which obligated any national or foreigner seeking to enter Salvadoran territory to file a Covid-19 PCR test (polymerase chain reaction) with an original certificate from a laboratory showing a “negative” result.
*Relevant link for the approved regulations: https://imprentanacional.gob.sv/compilacion-de-decretos-de-emergencia-por-covid-19/
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