On 15 June 2021, Prime Minister Tan Sri Muhyiddin Yassin unveiled the four-phase National Recovery Plan (“NRP”) whereby movement control measures will be gradually eased as Malaysia moves from one phase to the next. The key threshold indicators for the four phases are the Covid-19 infection rate in the community, capacity of the public healthcare system, and vaccination rate.
 
To give effect to the foregoing, the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (National Recovery Plan) Regulations 2021 (“the NRP Regulations”) were gazetted on 4 July 2021 and came into force on 5 July 2021.
 
The NRP Regulations revoke the Prevention and Control of Infectious Diseases (Measures within Infected Local Areas) (No. 4) Regulations 2021 (“Movement Control No. 4 Regulations”). Our write-up on the Movement Control No. 4 Regulations can be read here.
 
This Alert provides a summary of the salient provisions of the NRP Regulations.
 
“Designated phase”
 
A new definition “designated phase” is introduced to refer to “any phase in the National Recovery Plan determined and announced by the Government from time to time and published in the website of the National Security Council”.
 
Essential services
 
The Director General of Health (“Director General”) may, by directions, add to or delete any service, work, industry and business as essential services after consulting the authority that regulates the service, work, industry or business, and such directions shall be published in the website of the National Security Council (“NSC Website”).  
 
For the purpose of the NRP Regulations, “essential services” means the essential services (including any activity and process in the supply chain of such services) as determined and announced by the Government from time to time and published in the NSC Website in respect of any designated phase.
 
Control of movement and gatherings
 

unless permitted to do so under any directions issued by the Director General as published in the NSC Website.
 

Public transport
 
Notwithstanding the maximum capacity of the number of passengers that may be carried by any land, sea or air public transport, such transport may, during any designated phase, only carry such number of passengers in accordance with the directions issued by the Director General as published in the NSC Website.
 
Health examination upon arrival in Malaysia
 
Any citizen, permanent resident of Malaysia, expatriate or diplomatic corps, or any foreigner permitted by the Director General of Immigration, entering Malaysia from overseas may be directed to undergo health examination upon arrival in Malaysia at any point of entry, or at any other place determined by the Director General. A person who is directed as aforesaid to undergo quarantine at any place is required to wear a wristband provided by an authorised officer.
 
Foreign employees to undergo Covid-19 detection test

To prevent and control the spread of Covid-19 at a workplace, an authorised officer may direct any employer who employs a foreign employee to cause the foreign employee to undergo a Covid-19 detection test at the employer’s cost.
 
Special provision relating to control of movement within the States of Sabah and Sarawak
 
The movement control measures and conditions for the purpose of preventing and controlling the spread of Covid-19 within the States of Sabah and Sarawak shall be as directed by the Director General. Such directions shall be published in the NSC Website.
 
Comments
 
The prohibitions and restrictions imposed under the NRP Regulations are substantially similar to those under the Movement Control No. 4 Regulations. However, with wide discretion being conferred on the Director General to vary or relax the prohibitions and restrictions for each designated phase through the issuance of directions to be published in the NSC Website, the NRP Regulations will provide the framework for all four phases of the NRP and dispense with a separate set of regulations for each phase thereof.
 
Moving forward, it is anticipated that the list of essential services and the changes to the prohibitions and restrictions applicable to each designated phase will be updated more frequently and be published in the NSC Website.
 
Alert prepared by Tan Wei Liang (Associate) and Tai Kean Lynn (Associate) of Skrine.


This alert contains general information only. It does not constitute legal advice nor an expression of legal opinion and should not be relied upon as such.