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Covid-19: Government issues SOPs and FAQs for the retail sector

05 May 2020

On 1 May 2020, the Prime Minister of Malaysia announced that all businesses except those which are set out in the List of Prohibited Activities are permitted to operate from 4 May 2020 (‘MCO Phase 4’) subject to strict compliance with the relevant standard operating procedures (‘SOP’). Our earlier Alert on MCO Phase 4 is available here.
 
The National Security Council had on the same day issued SOPs for the retail sector which includes the following eight subsectors –
 
  1. Shopping malls, supermarkets, hypermarkets, departmental stores, pharmacies, boutiques/ clothing stores and convenience stores/ mini-mart
  2. Laundrette (including self-service laundrette)
  3. Clothing and fashion accessories stores
  4. Restaurants
  5. Furniture shops, jewellery shops, electric and electronic shops, books and stationery shops, hardware shops and pet food shops
  6. Car workshops, maintenance and spare parts
  7. Spectacles and optical shops
  8. Other specialty retail stores such as petrol stations
The SOPs state that –
 
  • all businesses/ business activities under the retail sector except those which are set out in the List of Prohibited Activities are permitted to operate subject to the rules by the relevant local authority; and
  • businesses/ business activities under the retail sector which are located in areas under the enhanced movement control order are not permitted to operate.
Our summary (in the English language) of the salient points of the SOPs for seven of the eight subsectors is available here.
 
Subsequently, the Ministry of Domestic Trade and Consumer Affairs issued a set of frequently asked questions (‘FAQs’) on 3 May 2020 to clarify certain aspects in relation to MCO Phase 4. Below is our summary of the salient provisions of the FAQs.
 
FAQ No. 6 clarifies that a customer may refuse to provide personal information such as his name and contact number to the owner of the premises but the owner of the premises may refuse entry to the customer if the customer refuses to provide such personal information.
 
A franchise business involved in the development of a child’s mind is not permitted to operate as such business falls under face-to-face training which is a prohibited activity set out in the List of Prohibited Activities (FAQ No. 8).
 
FAQ No. 13 states that retailers are permitted to hold cheap sales at their respective premises but must not set up any additional booth in their premises. Warehouse sales are permitted to be held subject to compliance with the determined SOPs but any form of sales carnival is prohibited.
 
Delivery of goods and services under e-commerce are permitted for all locations except those which are under the enhanced movement control order (FAQ No. 15).
 
FAQ No. 18 clarifies that car wash services and fast food restaurants within the premises of a petrol station are permitted to operate as usual subject to implementing necessary Covid-19 preventive measures such as social distancing and limiting the number of customers in the premises at a time.
 
Alert prepared by Tan Wei Liang (Associate) of Skrine.

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