Text consolidated by Valsts valodas centrs (State
Language Centre) with amending laws of:
21 July 2020 [shall come
into force on 24 July 2020];
1 October 2020 [shall come into force on 12 October
2020];
29 October 2020 [shall come into force on 31 October
2020];
18 December 2020 [shall come into force on 23 December
2020];
18 March 2021 [shall come into force on 25 March
2021];
25 March 2021 [shall come into force on 1 April
2021];
29 April 2021 [shall come into force on 6 May
2021];
27 May 2021 [shall come into force on 29 May 2021];
6 July 2021 [shall come into force on 23 July
2021];
4 November 2021 [shall come into force on 6 November
2021];
16 December 2021 [shall come into force on 31 December
2021];
24 February 2022 [shall come into force on 1 March
2022];
17 March 2022 [shall come into force on 23 March
2022].
If a whole or part of a section has been amended, the
date of the amending law appears in square brackets at
the end of the section. If a whole section, paragraph or
clause has been deleted, the date of the deletion appears
in square brackets beside the deleted section, paragraph
or clause.
|
The Saeima1 has adopted and
the President has proclaimed the following law:
Law on the Management of the
Spread of COVID-19 Infection
Chapter I
General Provisions
Section 1. (1) The purpose of the Law is to prescribe
the legal order during the spread of COVID-19 infection by
providing for a set of appropriate measures for ensuring such
scope of rights and obligations of private individuals which
would be commensurate with public health and safety interests and
effective operation of the State and local government authorities
(hereinafter - the public authorities).
(2) The Law lays down basic principles for the operation of
public authorities, and also the rights and obligations of public
authorities and private individuals for the prevention and
management of the threat to the State during the spread of
COVID-19 infection.
(3) Upon determining the set of necessary measures, the
following general principles shall be applied:
1) minimising the restrictions on human rights - rights of
persons shall be restricted only in cases where there are no
other alternative measures that protect the public health and
safety effectively;
2) minimising the threat to public health - precautionary
measures shall be determined by evaluating the threat of the
COVID-19 infection spreading in Latvia and foreign counties and
shall be implemented by evaluating all existing risks to minimise
the threat of the repeated spread of COVID-19 infection;
3) limiting the accessibility of public services relevant to
the society shall only be acceptable to the extent it is
necessary for ensuring public health and safety, and also health
and safety of the persons involved in the provision and receipt
of services.
[18 December 2020]
Section 2. (1) Public authorities shall sustain
operations and provide services in accordance with laws and
regulations by complying with the procedures laid down in this
Law and the epidemiological safety measures stipulated by the
Cabinet. Private persons shall provide services in compliance
with the epidemiological safety measures specified in laws and
regulations.
(2) The cases that were deferred during the declared emergency
situation shall be examined by the public authorities on priority
basis, unless a case which has been received later should be
examined urgently.
[4 November 2021]
Chapter II
Restrictions on the Rights of Persons
Section 3. In accordance with this Law, restrictions on
the rights of private individuals may be imposed only when the
risks to public safety that are related to the spread of COVID-19
infection cannot be effectively eliminated by applying the legal
means specified under the general legal procedures. If the
objective necessity to maintain the measures restricting persons
has ceased to exist, such restrictions on rights must be
revoked.
Section 4. (1) If the COVID-19 infection spreads or
there are threats that it could spread, the Cabinet can determine
the following for the epidemiological safety purposes:
1) the requirements, including restrictions, for gathering in
public events (in accordance with the definition provided in the
Law on Safety of Public Entertainment and Festivity Events),
meetings, processions, and pickets (in accordance with the
definitions provided in the law On Meetings, Processions, and
Pickets), organised religious activities to be carried out by
gathering, and private events that are organised indoors or
outdoors;
11) the restrictions on or the prohibition of the
services provided by public entities and private individuals, and
the events provided for in Clauses 1 and 11 of this Section in
accordance with Paragraph two of this Section;
12) the requirements for trade and other types of
economic services;
2) the regulations regarding the operation of sites for the
performance of cultural and religious activities, entertainment,
sports, and other recreational sites;
3) the requirements, including restrictions, for persons when
they are at public places;
4) the requirements, including restrictions, for the provision
and use of carriage of passengers services and own-account
carriage services;
5) the requirements, including restrictions, for passengers,
vehicles, vehicle drivers, and crew members;
6) the rights and obligations of organisers and providers of
carriage services and passengers;
7) such special epidemiological safety measures which persons
must implement;
8) the conditions and procedures for the organisation of
educational process, including for the ensuring of the learning
process remotely;
9) the procedures by which the funds provided in the State
budget for the catering of educatees in grades 1, 2, 3, and 4 who
are completing the basic education programme at educational
institutions on site shall be allocated and used within the
remote learning process;
10) the procedures by which the earmarked grant of the State
budget that has been allocated for covering the maintenance
expenditures of special education institutions shall be used for
the catering of educatees within the remote learning process;
11) the conditions and procedures for the organisation and
course of sports trainings (sessions) and also sporting
events;
12) the course of the learning process and epidemiological
safety requirements in national defence training camps;
13) during the spread of COVID-19 infection, the hygiene
requirements for food trade undertakings and public catering
undertakings in addition to the requirements specified in laws
and regulations;
14) the reliefs applicable during the spread of COVID-19
infection in accordance with the laws and regulations regarding
handling of primary food products in small amounts;
15) the restrictions on the provision of health care services
(maintaining those health care services which are life-saving and
which require continuity of treatment);
16) the procedures by which the service of assistant shall be
financed to educatees with a disability to whom the service of
assistant financed from the State budget has been granted in
accordance with the procedures specified in laws and regulations
for supporting moving about and performing self-care at an
educational institution within the remote learning process;
17) the conditions for the receipt of social services;
18) the procedures for financing the service of an assistant
and the service of a companion financed from the State budget in
a local government, and also for the students of higher education
institutions and colleges;
19) the procedures for extending the term of validity of an
administrative act issued previously by the State Medical
Commission for the Assessment of Health Condition and Working
Ability if a person has not submitted the documents necessary for
carrying out the assessment of disability;
20) the term of validity of the documents certifying the
acquisition of first aid provision which have been specified in
the laws and regulations regarding training in first aid
provision and the term of validity of which has expired during
the emergency situation;
21) the prohibition to import animal species susceptible to
COVID-19 infection and the production of such animal species in
the territory of the Republic of Latvia;
22) the term of validity of the driving licences for the
tractor machinery the term of validity of which has expired
during the emergency situation.
(2) Upon deciding on any restrictions on or prohibition of the
services or events provided for in Paragraph one, Clause
1.1 of this Section, the Cabinet shall:
1) evaluate in particular the proportionality and necessity of
the restrictions or prohibition, taking into account the
epidemiological situation in the specific territory or
industry;
2) evaluate the impact of the restrictions or prohibition on
the implementation of the principle of legal equality (namely,
whether there are specific groups in society which are affected
in a particularly adverse manner), and also the restriction on
human rights;
3) evaluate the need to provide for support measures for those
groups of persons whose rights and lawful interests will be
restricted as a result of the restrictions or prohibition, taking
into account what rights will be restricted and to what extent
they will be restricted.
(3) The Cabinet shall inform the Saeima of the
imposition of the restrictions provided for in Paragraph one of
this Section which affect the rights and lawful interests of
persons or which may impact the economy of the State. The
commission stipulated by the Saeima may suggest that the
Cabinet reviews the intended restrictions if in the view thereof
it is possible to efficiently prevent the risks to public safety
that are related to the spread of COVID-19 infection by measures
which are less restrictive of the rights and lawful interests of
persons, and also have less impact on the economy.
(4) Where necessary for effective implementation of the
measures to prevent the spread of COVID-19 infection or threats
of the spread thereof during the emergency situation declared by
the Cabinet, the Cabinet shall, in accordance with the procedures
provided for in international agreements binding upon Latvia,
notify international organisations regarding derogation from
individual international commitments of Latvia in the field of
human rights.
[18 December 2020; 25 March 2021; 17 March 2022]
Section 5. Organisers of the public events, meetings,
processions, and pickets laid down in Section 4, Clause 1 of this
Law shall indicate in the event organisation application the
methods by which the epidemiological safety and precaution shall
be ensured in the event. Organisers of the religious events laid
down in Section 4, Clause 1 of this Law shall indicate the
information specified in this Section in the organisational
documents of the event, for example, the internal rules of
procedure, regulations, information signs, and similar
documents.
Section 6. Upon monitoring those persons to whom home
quarantine or isolation has been specified in accordance with the
Epidemiological Safety Law, the Health Inspectorate has the right
to involve the State police and municipal police.
Section 6.1 (1) The information system for
monitoring persons shall be used for minimising the threat of
spread of COVID-19 infection and for ensuring the monitoring of
the persons referred to in Section 6 of the Law.
(2) The Cabinet shall determine the amount of information to
be included in the information system for monitoring persons, the
procedures for inclusion and the time periods for storage, and
also the authorities to which access to the information included
in the system is granted.
[1 October 2020]
Section 6.2 If there are grounds to believe
that a person inside the vehicle has an obligation to include
information in the information system for monitoring persons, the
employee of the State Police, the employee of a municipal police,
and a border guard have the right to stop the vehicle in order to
verify if such obligation has been fulfilled.
[1 October 2020]
Section 6.3 (1) The contact tracing and
warning information system shall be used in order to determine
the persons who have been exposed to an increased risk of
infection and to warn them about a potential contact with a
COVID-19 patient, and also to ensure cross-border exchange of the
Minimum Set of Data in the European Federation Gateway with the
national contact tracing and warning systems of other countries.
The European Federation Gateway is a data exchange platform
established and maintained by the European Commission the purpose
of which is to ensure the interoperability of national mobile
applications for contact tracing and warning by receiving,
storing, and making available, through secure information
technology tools, the minimum set of personal data to the
managers of the national contact tracing and warning information
systems.
(2) The Cabinet shall determine the manager of the contact
tracing and warning information system and the joint manager of
the European Federation Gateway in Latvia, the rights and
obligations of the abovementioned managers, and also the amount
of information to be included in the contact tracing and warning
information system and the procedures for inclusion, the amount
of and procedures for information exchange, and also the term for
the storage of information.
[1 October 2020]
Section 6.4 (1) The vaccination information
system is a State information system which has been created to
ensure public interests in the field of public health by
organising and providing vaccination against COVID-19 infection,
inter alia, organising prior application for vaccination
against COVID-19 infection, drawing up lists of persons to be
vaccinated, and centrally managing the waiting lists of persons
to be vaccinated, and also to enter information on persons who
have been vaccinated against COVID-19 infection.
(2) The Cabinet shall determine the administrator of the
vaccination information system, the amount of data to be included
in such system, the procedures for the inclusion, receipt, and
processing thereof and the time limit for the storage thereof,
and also the authorities which will include, receive, and process
data in the vaccination information system.
[18 March 2021]
Section 6.5 In order to ensure notification
of persons of the possibility to apply for vaccination, the State
Revenue Service shall, on the basis of the information provided
by the National Health Service (given name, surname, and personal
identification number of the person), send a notification to
persons through the Electronic Declaration System.
[18 March 2021]
Section 6.6 For an in-depth analysis of the
epidemiological situation and acquisition of data for the
identification of the place and type of infection and for the
introduction of appropriate protection measures, the Centre for
Disease Prevention and Control shall ensure exchange of data with
the State Revenue Service. The State Revenue Service shall
transfer to the Centre for Disease Prevention and Control
information regarding the employment of such person who has
contracted COVID-19 in accordance with the data at the disposal
of the Centre for Disease Prevention and Control.
[18 March 2021]
Section 6.7 [4 November 2021]
Section 6.8 For an in-depth analysis of the
epidemiological situation and to make decisions on protection and
support measures and improvement of their effectiveness, the
Central Statistical Bureau (hereinafter - the Bureau) shall
receive data from the Centre for Disease Prevention and Control
on the persons who are infected with SARS CoV-2 coronavirus and
shall process such data by combining them with the data from the
Population Register Information System of the Office of
Citizenship and Migration Affairs, State Address Register
Information System of the State Land Service, the State Revenue
Service, the State Social Insurance Agency, and the State
Employment Agency on these persons that is at the disposal of the
Bureau, and also shall ensure the pseudonymisation of the
combined data and secure remote access for the Ministry of
Economics, the Centre for Disease Prevention and Control, and the
Cross-Sectoral Coordination Centre for the analysis of such
data.
[29 April 2021]
Section 6.9 (1) In order to allow
application of exemptions from the epidemiological safety
measures to persons who are vaccinated against the COVID-19
infection, have recovered from it, or have negative COVID-19 test
result, interoperable certificates certifying the fact of
vaccination or recovery or information regarding the test result
shall be issued to such persons. When presenting the
interoperable certificate, the person is also obliged to present
a personal identification document, a driver's licence, a student
certificate, a pensioner certificate or a certificate of the
service pension recipient.
(2) The Cabinet shall determine the procedures by which the
interoperable certificates referred to in Paragraph one of this
Section shall be requested, prepared, issued, suspended,
cancelled, renewed, checked, and used, and also the scope of
information to be included in the certificate and the scope of
the information which shall be available to authorities and
service providers.
[27 May 2021; 4 November 2021; 16 December 2021]
Section 7. (1) A provider of cultural, entertainment,
and sports services who cannot provide the services that have
been planned in advance and placed for sale due to the gathering
restrictions imposed for the containment of the spread of
COVID-19 infection has the right to reschedule the event to
another time suitable therefore by notifying thereof not later
than six months after the day when the restrictions are revoked.
The event must take place not later than within a year after the
day when the restrictions are revoked.
(2) If a consumer cannot attend the event on the rescheduled
date due to justified reasons (for example, the consumer cannot
be in the country where the event takes place, serious health
restrictions prevent the consumer from attending the event), the
service provider shall, upon a request, repay the money within a
time limit which does not exceed six months after the day when
the relevant restrictions are revoked.
(3) If a service provider cannot ensure the rescheduling of an
event that has been planned in advance, it has the right to offer
another equivalent event to the consumer or, if the consumer
rejects the offer, the service provider shall repay the money
within a time limit which does not exceed six months after the
day when the restrictions are revoked.
Section 7.1 [4 November 2021]
Chapter II.1
Epidemiological Safety in Working Environment
[4 November 2021]
Section 7.2 (1) An employer shall organise
work in compliance with the epidemiological safety measures
stipulated by the Cabinet, including requirements for the need to
have an interoperable certificate confirming the fact of
vaccination or recovery (hereinafter - the vaccination or
recovery certificate) for the fulfilment of work (office,
service) duties.
(2) Within the meaning of this Chapter, a public authority or
an official who appoints the officials referred to in Section
7.3 of this Law to the office shall be considered an
employer.
[4 November 2021]
Section 7.3 (1) An employer shall determine
the offices or categories of employees (officials) to which the
requirements and conditions of laws and regulations regarding the
need for the vaccination or recovery certificate apply and shall
inform the employees (officials) thereof. Employees (officials)
have an obligation to inform the employer of the existence of the
vaccination or recovery certificate and to present the
abovementioned certificate to the employer according to the
procedures stipulated thereby.
(2) If an employee (official) has not obtained the vaccination
or recovery certificate which is necessary for the fulfilment of
work (office, service) duties, it shall be sufficient grounds for
considering that the relevant person is not suitable for the work
(office) in question.
(3) If an employer is unable to transfer an employee
(official) to another suitable work (office) or to ensure the
fulfilment of his or her work (office, service) duties remotely
due to the requirements provided for in laws and regulations or
other objective reasons, the employer has the right, until the
moment when the employee (official) obtains the vaccination or
recovery certificate, to suspend him or her from work (office,
service) or place on furlough due to the fault of the employee
without disbursing work remuneration to him or her for the period
of suspension or furlough. The employer, except for the employer
in public administration, has the right to retain work
remuneration for the period of suspension. It is prohibited to
suspend an employee (official) from work (office, service) for a
period exceeding three months.
(4) If after the maximum period of suspension or after
furlough due to the fault of an employee which lasts for more
than three months an employee (official) has not obtained the
vaccination or recovery certificate without an objective
justifying reason, an employer has the right to terminate
employment (service) relationship with him or her without delay,
disbursing the severance pay in the amount of one monthly work
remuneration (monthly wage), but if a piece rate wage has been
specified for the employee - in the amount of average earnings of
one month.
(5) An employee who has not obtained the vaccination or
recovery certificate is entitled to give a notice of termination
of the employment contract without complying the time limit
specified in Section 100, Paragraph one of the Labour Law. An
official who has not obtained the vaccination or recovery
certificate is entitled to terminate service relationship without
delay.
(51) The Commander of the National Armed Forces has
the right to set down the existence of a valid vaccination or
recovery certificate as a mandatory office requirement for the
professional service soldiers and for civil employees employed in
the National Armed Forces.
(6) If a soldier of the National Armed Forces has not obtained
the vaccination or recovery certificate without an objective
justifying reason, the Minister for Defence or his or her
authorised commander may terminate the professional service
contract with the soldier early in accordance with the norms of
the Military Service Law. Employment relationship with a civil
employee employed in the National Armed Forces who has not
obtained the vaccination or recovery certificate without an
objective justifying reason shall be terminated in accordance
with that specified in this Section.
(7) An employer is prohibited from terminating employment
(service) relationship on the basis of Paragraph four of this
Section with a pregnant woman, and also with a woman in the
period following childbirth up to one year, but if the woman is
breastfeeding a child - throughout the period of breastfeeding,
but not longer than until the child reaches two years of age. If
a pregnant woman, a woman in the period following childbirth up
to one year, but if the woman is breastfeeding a child -
throughout the period of breastfeeding, but not longer than until
the child reaches two years of age, cannot be transferred to
another suitable work (office, service) in accordance with
Paragraph three of this Section, the employer has an obligation
to temporarily grant a leave to such female employee (official).
The previous average earnings are retained for the female
employee (official) during such leave.
(8) The Cabinet shall determine exceptions in relation to the
requirement for the existence of the vaccination or recovery
certificate for the fulfilment of work (office, service) duties
in relation to the health of the person.
[4 November 2021; 17 March 2022]
Section 7.4 For the containment of the
spread of COVID-19 infection at the workplace, an employer shall
provide possibilities for remote work to employees if the nature
of work allows it. If work is done on site at the workplace, the
employer has an obligation to determine measures for the
containment of the spread of COVID-19 infection at working
places, to assign the person who shall be responsible for the
introduction of such measures, and also to provide the employees
with the necessary personal protective equipment. The employer
has an obligation to inform employees of the measures introduced
at the workplace for the containment of the spread of COVID-19
infection.
[4 November 2021]
Chapter III
Special Conditions for the Operation of Judicial System, State
and Local Government Institutions and Receipt of their
Services
Section 8. (1) A submission for the issuing of an
administrative act, changing the intention of an institution in
respect of its actual actions, receipt of a statement, or a
submission for contesting an administrative act may only be
submitted in writing.
(2) In specific cases, an institution may accept a submission
for the issuing of an administrative act via telephone if the
institution has other possibilities of identifying the submitter
and the request made thereby.
(3) Within administrative proceedings, a submission may be
submitted electronically in the service portal of the State
administration www.latvija.lv without a secure electronic
signature if the submission is submitted and the identity of the
person is verified through online forms which are available in
this portal.
(4) The Procurement Monitoring Bureau has the right to examine
contestation submissions without hearing participants to the case
in person. Participants to the case have the right to submit an
additional opinion in writing, sending it electronically to the
Procurement Monitoring Bureau not later than within one working
day before the notified date of the meeting for the examination
of the submission.
(5) A person who wishes to change the entry on the given name,
surname or nationality in documents can submit the relevant
submission to the Civil Registry Department of the Ministry of
Justice.
(6) An institution shall not issue statements on the
application of those laws and regulations which provide the
regulatory framework for the furlough support, the support for
salary subsidies, and the support to be granted to an enterprise
affected by the crisis which is caused by COVID-19 infection for
the compensation for the fall in the flow of current assets.
[18 December 2020]
Section 8.1 (1) An Orphan's and Custody
Court may examine the case and take decisions in a meeting of the
Orphan's and Custody Court in the written procedure (without the
presence of persons) if the conformity with the procedural rights
of the participants to the case can be ensured and the Orphan's
and Custody Court has not deemed that it is necessary to examine
the case in the oral procedure or the participant to the case has
not requested to examine the case in the oral procedure. The
authority (official) shall, in a manner corresponding to the
nature of the written procedure, ensure the participants to the
proceedings the same scope of rights as in the oral
procedure.
(2) If a case is examined in the written procedure (without
the presence of persons), in a meeting of an Orphan's and Custody
Court, or by video conferencing, the becoming acquainted with the
files of this case shall be ensured on site or, if a relevant
application signed by the person has been received, remotely in
which case the Orphan's and Custody Court shall, within three
working days, electronically send scanned copies of the case
files or information on access to the case files (ensuring a
possibility to become acquainted with the case files or to obtain
a copy thereof) to the e-mail address indicated by the person or
send copies of the case files to the address indicated by the
person.
(3) An Orphan's and Custody Court may determine that
procedural actions, including actions to be performed in a
meeting of the Orphan's and Custody Court, are performed by video
conferencing if it is provided for by the restrictions imposed
due to the spread of COVID-19 infection or the epidemiological
situation in the State.
(4) If performance of the tasks of an Orphan's and Custody
Court specified in the Law on Orphan's and Custody Courts is
impeded, except for the requirements laid down in Chapters VII
and VIII of the abovementioned Law, the Orphan's and Custody
Court may transfer performance of individual tasks to another
closest Orphan's and Custody Court for a specific time period,
and this another Orphan's and Custody Court has an obligation to
take over these tasks for a specific time period. Local
governments shall enter into a contract for the performance of
such tasks of the Orphan's and Custody Court, including therein
the procedures for the settlement of mutual accounts.
[18 December 2020; 17 March 2022]
Section 8.2 (1) The requirements of the Law
on Orphan's and Custody Courts in respect of the fact that a
person may be elected as the Chairperson of an Orphan's and
Custody Court and the Vice-chairperson of an Orphan's and Custody
Court if he or she has obtained at least the academic master's
degree or professional master's degree and appropriate
professional qualification or another qualification in pedagogy,
psychology, medicine, social work, or law which conforms to the
Level 7 of the European Qualifications Framework laid down in the
classification of Latvian education and has at least five-year
work experience in the relevant speciality need not be applied
until 1 July 2021.
(2) The requirements of the Law on Orphan's and Custody Courts
in respect of the fact that a person may be elected as a Member
of an Orphan's and Custody Court if he or she has obtained at
least the academic bachelor's degree or professional bachelor's
degree and appropriate professional qualification or another
qualification in pedagogy, psychology, medicine, social work, or
law which conforms to the Level 6 of the European Qualifications
Framework laid down in the classification of Latvian education
and has at least three-year work experience in the relevant
speciality need not be applied until 1 July 2021.
[18 December 2020]
Section 9. (1) An authority (official) may examine an
administrative offence case in the written procedure if it has
not deemed it necessary to examine the case in the oral
procedure. The authority (official) shall, in a manner
corresponding to the nature of the written procedure, ensure the
participants to the proceedings the same scope of rights as in
the oral procedure.
(2) If an administrative offence case is examined in the
written procedure, access to the files of this case shall be
provided remotely. An institution shall, within three working
days after receipt of the relevant application signed by the
person, electronically send scanned copies of the case files or
information regarding access to the case files (possibility to
become acquainted with the case files or obtain their copy) to
the e-mail address indicated by the person.
(3) The administrative commission may examine a case regarding
application of compulsory measures of correctional nature in the
written procedure if it has not deemed that the case must be
examined in the oral procedure. The administrative commission
shall, in a manner corresponding to the nature of the written
procedure, ensure the participants to the proceedings the same
scope of rights as in the oral procedure.
(4) If there are sufficient grounds to believe that the
vehicle driver and also a master of a ship and an aircrew member
is under the influence of alcohol or intoxicated, an official
shall carry out the breath alcohol screening test with a meter
designed for such purpose. The abovementioned person shall be
transported to a medical treatment institution for testing only
when the breath alcohol screening test cannot be carried out with
the meter which is at the disposal of the official.
(5) Paragraph four of this Section shall not be applied if
there are reasonable suspicions that a criminal offence has been
committed.
[29 October 2020]
Section 10. (1) A court may examine a civil or
administrative case in the written procedure if the conformity
with the procedural rights of the participants to the case can be
ensured and the court has not deemed that it is necessary to try
the case in a court hearing. The court shall, in a timely manner,
inform the participants to the case of trial of the civil or
administrative case in the written procedure, specifying a time
period for the submission of additional explanations or other
procedural requests.
(2) A court may examine an administrative offence case in the
written procedure if the conformity with the procedural rights of
the persons participating in the administrative offence
proceedings can be ensured and the court has not deemed that it
is necessary to examine the case in the oral procedure.
[18 December 2020]
Section 10.1 (1) If a court deems that it is
necessary to try a case in a court hearing, video conferencing
shall be used in order to achieve the epidemiological safety
objectives. Persons participating in the administrative offence
proceedings in a court or criminal proceedings in a court may
express objections against such a decision but a natural person
not represented by an advocate may express objections in other
cases where there are objective grounds.
(2) In order to achieve the epidemiological safety objectives,
participation of a person who is in a prison in court proceedings
shall be primarily ensured by a videoconference, except in cases
which include an official secret object.
(3) If a case is tried by video conferencing, the request to
obtain a signature of a person in the course of a court hearing
is complied with if the relevant person attests to this orally
and it is recorded in an audio recording of the court
hearing.
(4) Cases shall be examined in the oral procedure on site if
the examination of the case cannot be held in writing or by video
conferencing. Cases shall be examined in the oral procedure on
site by conforming to the epidemiological safety requirements to
the extent possible during examination of the case.
[18 December 2020; 25 March 2021]
Section 10.2 (1) In order to achieve the
epidemiological safety objectives, participation of a person who
is in a prison in the investigative actions of pre-trial criminal
proceedings shall be primarily ensured by video conferencing,
except for the cases which include an official secret object.
(2) Upon a request of the person directing the proceedings,
convoying of prisoners shall be ensured only in cases when an
agreement thereupon has been received from the head of the
institution or his or her authorised official.
(3) For the convoying of prisoners, including upon a request
of the person directing the proceedings or to court hearings, the
shortest possible convoying route and the return or getting of
the prisoner to the prison on the same day shall be ensured, if
possible.
[25 March 2021]
Section 10.3 (1) The commencement of serving
the sentence of a temporary deprivation of liberty and criminal
sentence - arrest - at prisons may be temporarily suspended by a
decision of the director of the Prison Administration if
quarantine has been declared in the prison system. In such case
the detaining and delivery to prisons of such persons who have
been sentenced with temporary deprivation of liberty or criminal
punishment - arrest -, or to whom the fine or community service
imposed by a decision of a court has been replaced with a
temporary deprivation of liberty shall be discontinued.
(2) If quarantine has been declared in the prison system, the
transfer of prisoners between prisons may be temporarily
discontinued (except for the transfer of prisoners due to
security reasons, their transfer to the Latvian Prison Hospital
at Olaine Prison and back, transfer of convicted persons to begin
their sentence execution and in cases when the security measure -
arrest - is imposed on a convicted person in another criminal
case while he or she is serving their sentence) by a decision of
the director of the Prison Administration.
(3) The director of the Prison Administration shall ensure
immediate informing of the authorities involved in the issuance
of the orders referred to in this Section and the time period of
their operation.
[25 March 2021]
Section 10.4 [4 November 2021]
Section 11. (1) An application for legal protection
proceedings, insolvency proceedings of a legal person, and
insolvency proceedings of a natural person may be submitted
electronically by signing it in compliance with the requirements
of Section 3 of the Electronic Documents Law.
(2) In the cases specified in the Civil Procedure Law, only
the recipient shall make an entry on the receipt of an
electronically submitted application in the register of the
relevant application.
Section 12. (1) A criminal case may be tried in the
written procedure in accordance with the appellate procedures
also in cases not referred to in the Criminal Procedure Law. A
prosecutor or a person whose interests and rights are infringed
upon by a complaint or protest may make a request for the case to
be examined in the oral procedure by stating the grounds for
it.
(11) Criminal cases transferred to a court in
accordance with urgent procedures or for examination without the
examination of evidence may be examined before a court of first
instance in the written procedure. A court shall indicate in a
notification regarding examination of a criminal case in the
written procedure the right of a prosecutor, an accused, a
defence counsel, or a victim, within 10 days, to submit a
recusation to the composition of the court, to submit objections
against the trial of a case in the written procedure, to submit
his or her views regarding the type and amount of a punishment to
be imposed and other matters related to a judgement, and also
shall indicate the day of availability of the ruling. If a
prosecutor, an accused, a defence counsel or a victim has
submitted objections against trial of the case in a written
procedure, a court shall take a decision to try the case in an
oral procedure.
(12) For the preparation of the opinion referred to
in Paragraph 1.1 of this Section, the Legal Aid
Administration shall ensure a payment in the amount of EUR 75 for
a State-ensured legal aid provider. The amount of this payment
shall also include the necessary legal consultations provided by
the legal aid provider and a payment for a return call to a
public pay telephone in a prison.
(13) If a legal aid provider provides a legal
consultation, except for the case specified in Paragraph
1.2, to a person in prison by using a possibility of a
return call to a public pay telephone in a prison, a payment in
the amount of EUR 5 for the use of a premium rate
telecommunication service shall be added to the fee for the legal
consultation.
(2) The person directing the proceedings may suspend criminal
proceedings in accordance with the procedures laid down in
Section 378 of the Criminal Procedure Law, provided that all the
procedural actions which are possible without a suspect or
accused have been performed and provided that the circumstances
preventing the suspect or the accused from participating in the
criminal proceedings due to the epidemiological safety measures
declared in the State for the containment of the spread of
COVID-19 infection have been ascertained.
(3) The transfer and taking over of persons convicted and
detained in foreign countries for the further execution of a
custodial sentence or arrest within the territory of the Republic
of Latvia may be suspended, except when the foreign country has
refused to extend the time limit for the transfer of the person
or the detention period of the person cannot be extended and the
person to be transferred or taken over has been tested for
COVID-19 72 hours before entry, and the test is negative.
(4) [25 March 2021]
[18 December 2020; 25 March 2021]
Section 12.1 [18 December 2020]
Section 13. If a law provides that a court judgment
shall be available at the Court Registry, the judgment shall be
sent to a person if a request has been received therefrom.
Section 13.1 Court services shall be
provided remotely. In an exceptional case where the service
cannot be received remotely or the receipt is significantly
hindered, however, is urgent, the chairperson of the court may
permit the provision of the service on site, ensuring safety of
court employees and the recipient of the service according to the
epidemiological safety requirements and recommendations.
[25 March 2021]
Section 14. With the coming into force of this Law, the
term of office of a representative of the Commission of
Disciplinary Matters of Sworn Bailiffs who has been elected by
the general meeting of sworn bailiffs and whose term of office
has expired during the emergency situation shall be reinstated
until the moment when the general meeting of sworn bailiffs
re-elects this person or another sworn bailiff is elected to the
composition of the Commission of Disciplinary Matters of Sworn
Bailiffs.
Section 14.1 (1) If an order is given in an
enforcement case for the seizing of monetary funds due to a
debtor and it is established that a debtor is ill with COVID-19
or quarantined which is confirmed by a sick-leave certificate B,
a sworn bailiff may, on the basis of a request of the debtor, set
aside the order for the seizing of monetary funds given to a
credit institution or another payment service provider. Following
closing of the sick-leave certificate B for the debtor, the sworn
bailiff shall, in this case, continue to direct recovery against
the monetary funds of the debtor with the credit institution or
another payment service provider by preparing and sending to the
credit institution or another payment service provider
respectively a new order for the seizing of monetary funds if it
is determined by the circumstances of the specific enforcement
case.
(2) In enforcement cases regarding the placing in possession
of the immovable property and in cases regarding the eviction of
persons and property from premises a bailiff shall, in the
notification specified in the Civil Procedure Law for a debtor
regarding an obligation to enforce a court ruling and vacate
premises, determine a time period of not less than 30 days. If
premises are not vacated within the time period determined by the
sworn bailiff or the debtor has failed to appear within the time
specified for eviction or placing in possession, the sworn
bailiff shall determine a date for compulsory enforcement of the
ruling which is not earlier than the thirtieth day from the day
of sending the notification of the sworn bailiff.
[18 December 2020]
Section 14.2 (1) In order to achieve the
epidemiological safety objectives, persons under care who are
residing in social care institutions shall receive notarial
assistance by video conferencing if notarial activities cannot be
performed on site.
(2) The head of a social care institution has an obligation to
ensure the support necessary to a person under care and the
technical means for communication with a sworn notary in a video
conferencing mode in accordance with Division E.1 of
the Notariate Law.
(3) A sworn notary may prepare electronic deeds and
certifications by video conferencing also if the person under
care does not have an electronic signature. In such case, the
sworn notary shall perform the notarial activities in accordance
with the requirements of Section 72 of the Notariate Law,
however, the witnesses indicated in Section 1494 of the Civil Law
are not necessary in such case. The electronic deed or
certification shall be signed electronically by the head of the
social care institution if the person under care assigns such
person to do this in his or her place.
[18 March 2021]
Section 14.3 A sworn bailiff and a sworn
notary may decide on the suspension of official activities if the
performance thereof is related to an increased risk for the
persons involved to become infected with COVID-19 and the
performance of such activity is not related to an objective
urgency, and the suspension thereof does not cause a significant
infringement of the rights.
[25 March 2021]
Section 15. A leave of up to 12 months may be granted
to a sworn notary. In the submission for leave, a sworn notary
shall indicate that it is based on the economic consequences of
the emergency situation in relation to the spread of COVID-19
infection and justify the inability to maintain the practice. In
such case, the actions referred to in Section 176, Paragraph two
of the Notariate Law are taken immediately.
Section 16. Assistant to a sworn notary is exempted
from taking the examination of an assistant to a sworn notary if
employment relationships with the sworn notary are terminated due
to the economic consequences of the emergency situation caused by
COVID-19 infection and new employment relationships with the
sworn notary have been established not later than a year after
the termination of employment relationships. Upon informing the
Minister for Justice of the termination of employment
relationships with an assistant to a sworn notary in accordance
with the procedures specified in Section 154, Paragraph three of
the Notariate Law, a sworn notary shall indicate whether the
employment relationships have been terminated due to the economic
consequences of the emergency situation caused by COVID-19
infection.
Section 16.1 The Latvian Council of Sworn
Bailiffs and the Latvian Council of Sworn Notaries may determine
restrictions for the reception of visitors on site or decide on
the discontinuation thereof at the locations of the practice of
sworn bailiffs and sworn notaries.
[25 March 2021]
Section 17. In accordance with the procedures specified
in laws and regulations, the Council of Certified Mediators
shall, by 31 December 2020, announce information regarding the
organisation and date of the regular certification examination of
mediators planned in 2020, and also the deadline by which a
submission for taking the certification examination of mediators
shall be submitted. The certification examination of mediators
shall be organised not later than by 31 May2021. The deadline for
applying to the taking of the certification examination of
mediators shall expire not earlier than two months before the
announced examination date.
Section 18. Upon deciding on the extension of the time
limit, restoration of rights, or continuation of proceedings, if
the relevant time limits cannot be conformed to due to the spread
of COVID-19 in the State, the Patent Office has, in the cases
specified in the Patent Law, the Law on Trade Marks, and the Law
on Designs, the right not to apply the fee specified in the
abovementioned laws for the extension of the time limit,
restoration of rights, or continuation of proceedings until 31
December 2020.
Section 18.1 Upon examining applications on
the satisfaction of employee's claims and establishing that the
12 month period specified in Section 5, Paragraphs one and
2.1 of the law On Protection of Employees in case of
Insolvency of Employer coincides with the entire or part of the
period prohibiting the creditors from submitting an application
for insolvency proceedings of a legal person specified in the law
On Measures for the Prevention and Suppression of Threat to the
State and Its Consequences Due to the Spread of COVID-19 and the
Law on the Suppression of Consequences of the Spread of COVID-19
Infection, the Insolvency Control Service shall decide on the
extension of the 12 month period specified in Section 5,
Paragraphs one and 2.1 of the law On Protection of
Employees in case of Insolvency of Employer by the relevant
prohibition period. The period for granting funds from the
employee claim guarantee fund resources shall not exceed 12
months prior to termination of employment relationship.
[29 April 2021]
Section 19. (1) In addition to the tasks specified in
the State Ensured Legal Aid Law, the Legal Aid Administration
shall organise legal telephone consultations in accordance with
the categories of matters specified in the State Ensured Legal
Aid Law.
(2) The Legal Aid Administration shall assign such legal aid
providers for the provision of the aid referred to in Paragraph
one of this Section with whom a legal aid contract has been
concluded. The amount of hourly remuneration for a legal aid
provider shall be determined in accordance with the Cabinet
regulations regarding the extent of the State ensured legal aid,
the amount of the remuneration, reimbursable expenses, and the
procedures for their disbursement.
(3) The service shall be ensured until the moment when the
allocated funding has been spent.
[29 April 2021 / See Paragraph 19 of Transitional
Provisions]
Section 20. (1) The public consultation specified in
the environmental laws and regulations, except for the
consultation on the environmental review of the local government
spatial planning document, shall be organised remotely.
(2) The extractor of natural resources, operator of the
polluting activity, initiator of the intended activity or
developer of the nature protection plan or environmental review
of planning document, or the responsible person shall prepare a
video presentation on the polluting activity, including its
substantial changes, intended activity, nature protection plan,
environmental or safety review of the planning document, or
industrial accident prevention programme and shall publish it on
its own website and the website of the relevant local
government.
(3) Remote consultation shall take place at least five working
days during which the extractor of natural resources, operator of
the polluting activity, initiator of the intended activity or
developer of the nature protection plan or environmental review
of planning document, or the responsible person shall provide a
possibility for the interested persons to ask questions and
receive answers thereto through a specified e-mail address and
using an online video conferencing tool or another online
communication tool. Questions and answers shall be registered and
saved in a form accessible by the public.
(4) In the cases specified in this Section, public
consultation shall be organised so that the conditions for public
participation would conform to the provisions of the
environmental laws and regulations.
[18 March 2021]
Section 21. (1) The planning region and the local
government shall organise the public consultation on the spatial
development planning documents and assessment of their strategic
environmental impact in accordance with the procedures laid down
in the laws and regulations regarding spatial development
planning and the development of strategic environmental impact
assessment, unless otherwise provided by this Law.
(2) The public consultation in remote form (remotely) shall be
organised for the following spatial development planning
documents:
1) the sustainable development strategy, the development
programme, and thematic plans of planning regions;
2) the sustainable development strategy, the development
programme, local plans, detailed plans, and thematic plans of a
local government.
(3) Planning regions and local governments shall, when
organising the public consultation in remote form (remotely),
comply with the following conditions:
1) the minimum time period for the public consultation - four
weeks;
2) information regarding the public consultation on a spatial
development planning document and on the meeting of the public
consultation shall be announced in at least two channels of mass
media and the placement thereof in the public open space shall be
ensured, indicating the justification for the development of the
spatial development planning document and a short description of
solutions, and also information regarding the most essential
changes and planned development projects;
3) a possibility to become acquainted with the spatial
development planning documents handed over for the public
consultation and to receive a consultation shall be ensured both
remotely and on site;
4) the meeting of the public consultation shall be organised,
using an online video conferencing conversation tool or another
online conversation tool. Information regarding the meeting of
the public consultation shall be announced not later than 10 days
before the specified date of the meeting in at least two channels
of mass media and the placement thereof in the public open space
shall be ensured, indicating the justification for the
development of the spatial development planning document and a
short description of solutions, and also information regarding
the most essential changes and the planned development
projects;
5) information regarding the announcement measures, types, the
possibilities for the provision of proposals and opinions, and
also the minutes of the meeting shall be included in a separate
report which is appended to the joint documentation on
development.
[18 March 2021]
Section 21.1 Auctions of the alienation of
the property of a public person and lease rights may be organised
in remotely. If an auction for the alienation of the property of
a public person and of lease rights is organised on site, then
the safety of employees and participants of the auction shall be
ensured according to the epidemiological safety requirements and
recommendations.
[25 March 2021]
Section 22. [18 December 2020]
Section 23. [18 December 2020]
Section 23.1 For the purpose of providing
official statistics on labour force, income and living
conditions, use of the Internet, gender-based violence,
recreation and business trips of Latvian residents, energy
consumption in households, and also mobility of Latvian
residents, valsts akciju sabiedrība "Ceļu satiksmes drošības
direkcija" [State joint stock company Road Traffic Safety
Directorate], the Office of Citizenship and Migration Affairs,
and the State Revenue Service have an obligation, upon request of
the Central Statistical Bureau, to provide the information at
their disposal on contact telephone numbers and e-mail addresses
of natural persons according to the list of survey samples of
natural persons prepared by the Central Statistical Bureau.
[18 December 2020]
Section 24. (1) The local government binding
regulations regarding the spread of COVID-19 infection and an
explanatory memorandum shall be proclaimed by publishing them in
the official gazette Latvijas Vēstnesis.
(2) The local government binding regulations referred to in
Paragraph one of this Section shall come into force on the day
following their proclamation unless another time period for
coming into force has been specified therein.
(3) The local government shall, by electronic means, send the
local government binding regulations referred to in Paragraph one
of this Section to the Ministry of Environmental Protection and
Regional Development for information within three working days
after their signing.
[6 July 2021]
Section 25. (1) The State Centre for Defence Logistics
and Procurement shall purchase personal protective equipment,
medical devices, and also the service of the laboratory testing
of the abovementioned goods in a centralised manner. The Cabinet
shall determine the categories and amount of the personal
protective equipment and medical devices to be purchased.
(2) The State Fire and Rescue Service shall keep a list of
priority authorities and needs in which State institutions, local
government authorities and institutions, State and local
government capital companies, Latvian Red Cross, religious
associations (churches), the partner organisations involved in
the distribution of the aid of the Fund for European Aid to the
Most Deprived, medical treatment institutions, social care
centres, practices of general practitioners, pharmacists, and
microbiology reference laboratories shall be included upon a
proposal of the relevant ministry.
(3) The State Centre for Defence Logistics and Procurement
shall ensure the issuing of the personal protective equipment and
medical devices referred to in Paragraph one of this Section and
those resources for ensuring epidemiological safety which have
been purchased during the emergency situation to the supply
coordinators.
(4) The head of the State Centre for Defence Logistics and
Procurement shall decide on the transfer of the personal
protective equipment and medical devices, and those resources for
ensuring epidemiological safety which have been purchased during
the emergency situation, and also the validity of this Law
without compensation to the authorities included in the list
referred to in Paragraph two of this Section, including with the
intermediation of supply coordinators. Transfer of such property
shall be registered by signing the deed of acceptance and
delivery. The State Centre for Defence Logistics and Procurement
shall publish information on its website on the recipient of the
property, the description, amount, and balance value of the
transferred property. Movable property which has been transferred
in accordance with the procedures specified in this Section but
has not been used up during the validity of this Law shall be
returned.
(41) In order to contain the spread of COVID-19
infection, local governments shall transfer the personal
protective equipment and medical devices received in accordance
with the procedures laid down in this Section to specific groups
of natural persons free of charge. The decision to seize personal
protective equipment and medical devices shall be taken by the
decision-taking body of the respective local government without
establishing the need of a public person or its institutions for
such equipment and devices.
(42) The Cabinet shall determine the groups of
persons referred to in Paragraph 4.1 of this Section
and also the quantity of personal protective equipment and
medical devices to be transferred to a person.
(5) The Cabinet shall determine the procedures for the
purchase, storage, and issuing of personal protective equipment
and medical devices and also the procedures for the storage and
issuing of those resources for ensuring epidemiological safety
which have already been centrally purchased.
(6) The Cabinet shall determine lighter procedures that are
based on the criteria for the security of supplies for the
conformity assessment of the personal protective equipment and
medical devices which may be purchased in the procurements
organised by public persons.
(7) For the purposes of the containment of the spread of
COVID-19 infection, medical treatment institutions registered
with the Register of Medical Treatment Institutions have the
right to purchase the personal protective equipment and medical
devices as a contracting authority from the central purchasing
body stipulated by the Cabinet or with its intermediation if the
relevant goods have been included in the groups of goods and
services stipulated by the Cabinet.
[1 October 2020; 29 October 2020; 18 December 2020; 25
March 2021]
Section 25.1 If liquids containing alcohol
with the alcohol content above 70 per cent have been handed over
to the Provision State Agency for destruction with regard to
which, according to a ruling that has entered into effect, the
definitive action in criminal proceedings or administrative
offence proceedings has been decided which does not provide for
the return of the specific liquids containing alcohol or the
reimbursement of the value thereof, the Minister for the Interior
has the right to decide on the use of the liquids containing
alcohol for disinfection of premises and surfaces without
applying the requirements for activities involving biocidal
products specified in laws and regulations with regard to the
receipt of an inventory number, or on the transfer thereof to a
merchant which has been selected in accordance with the
procedures laid down in the laws and regulations in the field of
public procurement, for the production of disinfectants for the
purposes of the performance of public functions in order to
contain the spread of COVID-19 infection during the emergency
situation declared in the State.
[18 December 2020]
Section 26. Within the scope of the application of
European Union regulations, the Ministry of Foreign Affairs
shall, in cooperation with the Ministry of Health and Ministry of
Economics, exercise control over the export of such personal
protective equipment and other goods which are necessary for the
eradication of COVID-19 infection.
Section 27. (1) The Minister for Foreign Affairs may,
considering the restrictions specified due to the spread of
COVID-19 or the epidemiological situation in countries where the
diplomatic and consular missions of Latvia are located, determine
with an order the procedures for the provision of the consular
assistance and consular services specified in the Law on Consular
Assistance and Consular Services, where necessary, suspending
their provision in person.
(2) Acceptance of applications for the issuing of diplomatic
and service passports at a Consular Department of the Ministry of
Foreign Affairs and the issuing of documents to a person may be
organised through consular officials of the diplomatic and
consular missions of the Republic of Latvia abroad.
Section 28. The Minister for Foreign Affairs may,
considering situation in the foreign country where the diplomatic
and consular mission of the Republic of Latvia is located, decide
on temporary transfer of diplomats and the civil servants and
employees of the diplomatic and consular service from their place
of service in a foreign country to Latvia without retaining the
salary benefit, benefit for the stay of the spouse abroad,
benefit for the stay of a child abroad and benefit for covering
expenses of the transport to be used for service needs provided
for in laws and regulations. Upon calculating absence in the
relevant calendar year, the period of the emergency situation is
not considered.
[18 December 2020]
Section 29. The requirements of Regulation (EU)
2021/267 of the European Parliament and of the Council of 16
February 2021 laying down specific and temporary measures in view
of the persistence of the COVID-19 crisis concerning the renewal
or extension of certain certificates, licences and
authorisations, the postponement of certain periodic checks and
periodic training in certain areas of transport legislation and
the extension of certain periods referred to in Regulation (EU)
2020/698 shall not be applicable to driving licences, routine
inspections of tachographs, driver cards, roadworthiness tests,
European Community licences for international carriage of goods
and passengers and their copies, and also to driver attestations
on the basis of that specified in Articles 2(9), 3(5), 4(6),
5(5), 7(5), and 8(5) of this Regulation.
[25 March 2021]
Section 30. [25 March 2021]
Section 31. The State Employment Agency may shorten the
time period for a notification of collective redundancy specified
in Section 107, Paragraph one of the Labour Law by determining it
shorter than 30 days. The State Employment Agency shall
immediately notify in writing an employer and representatives of
employees of the shortening of the time period.
Section 31.1 (1) Such overtime working hours
may be determined for employees of ports and the capital
companies controlled thereby, civil servants and employees of the
State Revenue Service, the system of the Ministry of the
Interior, and also officials with special service ranks of the
system of the Ministry of the Interior and the Prison
Administration which exceed the maximum overtime work specified
in the Labour Law, the Law on the Course of Service of Officials
with Special Service Ranks Working in Institutions of the System
of the Ministry of the Interior and the Prison Administration,
but does not exceed 60 hours per week.
(2) The provisions of Section 136, Paragraph four of the
Labour Law shall not be applicable to the cases referred to in
Paragraph one of this Section. The Ministry of Finance, the
Ministry of Justice, and the Ministry of the Interior shall
request the additional financial resources necessary for overtime
work remuneration from the State budget programme 02.00.00 "Funds
for Unforeseen Events".
(3) The determination of such overtime work which exceeds the
maximum overtime work specified in the Labour Law but does not
exceed 60 hours per week together with the normal work time may
be determined for the employees of municipal police, Orphan's and
Custody Court, and local government social service offices, and
also for the employees of providers of such social services which
ensure accommodation, care, and supervision. The provisions of
Section 136, Paragraph four of the Labour Law shall not be
applicable to such cases.
[25 March 2021; 17 March 2022]
Section 31.2 For officials with special
service ranks of the institutions of the system of the Ministry
of the Interior and the Tax and Customs Police and Customs Board
of the State Revenue Service, a supplement in the amount of 75
per cent of the hourly wage rate shall be determined for work
under conditions of increased risk and workload due to the
outbreak of COVID-19 infection and elimination of its
consequences. The criteria for the determination and the
procedures for the granting of the supplement in relation to the
institutions of the system of the Ministry of the Interior shall
be determined by the Minister for the Interior but in relation to
the State Revenue Service - by the Minister for Finance. The
expenditure related to the supplements shall be covered from the
State budget programme 02.00.00 "Funds for Unforeseen Events"
based on the actually required amount.
[29 April 2021 / See Paragraph 18 of Transitional
Provisions]
Section 31.3 If it is necessary to ensure
the performance of additional tasks determined for the State
Revenue Service in relation to the assessment of consequences of
the spread of COVID-19 infection or if the number of the
officials of the State Revenue Service infected with COVID-19 or
determined as contact persons increases so that it poses a threat
to the implementation of the functions and tasks specified for
the State Revenue Service, the Director General of the State
Revenue Service has the following rights:
1) to assign any official of the State Revenue Service to
fulfil other service duties other than those determined in the
job description, or to fulfil them in another unit;
2) to employ the personnel of the State Revenue Service
continuously for not more than 24.5 hours.
[29 April 2021]
Section 32. (1) Until 30 June 2022, the inviter -
natural or legal person - of a foreigner shall submit documents
for the approval of an invitation or sponsorship by using the
service "Approval of an invitation or sponsorship for requesting
a visa or residence permit in the Republic of Latvia" available
on the portal www.latvija.lv. If the inviter of a foreigner is a
legal person or the reason for inviting is related to employment,
documents for the approval of an invitation or sponsorship may be
submitted electronically by approving the application and
documents appended thereto with a secure electronic
signature.
(2) Until 30 June 2022, foreigners shall submit documents for
requesting or registering a residence permit by sending them via
post or electronically, and approve the application and documents
appended thereto with a secure electronic signature. This
condition shall apply both to the foreigners who stay in the
Republic of Latvia and those who do not stay in the Republic of
Latvia and wish to request a repeated residence permit or
register a residence permit, or who are citizens of a European
Union Member State, a country of the European Economic Area, or
the Swiss Confederation. An inviter of the foreigner may submit
an application for requesting or registering a repeated residence
permit while the foreigner stays in the Republic of Latvia or
outside it.
(3) When examining the submission of a foreigner for the
issuing or registration of a residence permit or the matter of
annulling the foreigner's residence permit, the requirement of
the Immigration Law regarding the existence of sufficient
financial means for the person to stay in the Republic of Latvia,
and also the requirement to perform active economic activity in
2020 (including payment of a specific tax amount) shall not be
applicable. This provision shall not apply to foreigners who have
submitted documents for requesting the first temporary residence
permit after 10 June 2020.
(4) Upon examining a matter regarding requesting of a
permanent residence permit, the absence from the Republic of
Latvia during the period from 12 March 2020 until 31 December
2020, but upon examining a matter regarding registration or
annulment of a permanent residence permit, the absence from the
Republic of Latvia during the period from 12 March 2020 until 31
December 2021 shall be considered justified.
(5) If the decision on the issuing or registration of a
residence permit has been taken, the period between 12 March 2020
and 30 June 2021 shall not be included in its term of validity.
If the decision on the registration of such permanent residence
permit or the issuing or registration of such repeat temporary
residence permit which has been granted to the foreigner in
accordance with Section 23, Paragraph one, Clauses 28, 29, 30, or
31 of the Immigration Law has been taken, the period between 12
March 2020 and 30 June 2021 shall not be included in its term of
validity. If a foreigner in respect of whom a positive decision
has been taken to issue or register a residence permit has not,
while staying outside the Republic of Latvia, obtained a document
certifying the right of residence within the period of validity
of this decision, the grounds for the annulment of the residence
permit referred to in Section 35, Paragraph one, Clause 21 and
Section 36, Paragraph one, Clause 14 of the Immigration Law shall
not be applicable to him or her.
(6) The Office of Citizenship and Migration Affairs may annul
a temporary residence permit for a foreigner or revoke an issued
visa or the decision on the issuing of a visa or temporary
residence permit if it has established or received information
from the Health Inspectorate, the State Police, or municipal
police that the foreigner has violated the provisions for
isolation, self-isolation, quarantine, or home quarantine or the
gathering restrictions laid down in laws and regulations.
Contesting or appeal of the abovementioned decision shall not
suspend the operation thereof.
[18 December 2020; 29 April 2021; 6 July 2021; 4 November
2021]
Section 33. Until 30 June 2021 a foreigner who stays in
the Republic of Latvia and whose travel document has expired
during this period after 12 March 2020 is entitled to obtain a
repeated residence permit or to register a residence permit by
presenting the abovementioned document.
[18 December 2020]
Section 34. (1) The Cabinet may, for a specific period
of time, impose an obligation on an electronic communications
merchant which provides a public mobile electronic communications
network, according to the technical capabilities, to send to the
person (roaming customer who has registered in the network of a
Latvian mobile operator and users of the voice service of a
Latvian mobile operator who have registered in the network of
their operator after roaming) who has arrived in Latvia an
automatic notification containing the title, content of the
unified notification prepared by the responsible ministry and the
sender to be indicated in the notification submitted to the
mobile operator by the State Fire and Rescue Service. Costs of
fulfilment of the abovementioned obligation shall be covered for
the electronic communications merchant from the State budget.
(2) Upon providing voice telephony services, an electronic
communications merchant shall ensure users free calls to
telephone numbers 8303 and 8989.
[18 March 2021; 17 March 2022]
Section 35. The Ministry of Environmental Protection
and Regional Development shall be responsible for ensuring secure
remote work within the State administration.
Section 36. (1) The application to be submitted to the
Enterprise Register and documents appended thereto shall be
submitted electronically using the special online form available
on the website of the Enterprise Register, if such has been
created, or in paper form by post.
(2) If the law provides that the signature of a person on the
document to be submitted to the Enterprise Register (application,
document to be appended to the application or another document)
must be notarised, this requirement shall be fulfilled if the
signature has been certified by a sworn notary or, where the
document has been drawn up in electronic form, it has been signed
with a secure electronic signature.
Section 36.1 The term of office of the
composition of the governing bodies of the religious
organisations and their institutions registered in the register
of religious organisations and institutions kept by the
Enterprise Register, and also of the persons who are entitled to
represent the religious organisation or its institution which
ends until 31 March 2022 shall be considered extended until 1
September 2022 unless new information regarding the composition
of the governing bodies of religious organisations and their
institutions, and also persons who are entitled to represent the
religious organisation or its institution and who have been
elected or appointed in accordance with the procedures laid down
in the Law on Religious Organisations has been registered in the
Enterprise Register.
[25 March 2021; 17 March 2022]
Section 36.2 For the elimination and
management of the threat to the State created by the spread of
COVID-19 infection and consequences thereof, the Minister for
Defence is entitled to take the decision on the provision of
support by the National Armed Forces to the State Border Guard,
the State Police, the Prison Administration, and also to the
civil defence system, evaluating the impact of the request
expressed on the fulfilment of the direct tasks of the National
Armed Forces and the conformity level of preparedness of the
National Armed Forces for the fulfilment of the relevant
task.
[25 March 2021]
Section 37. The period when a national guardsman has
fulfilled service duties by providing support to State and local
government authorities for the elimination and management of the
threat to the State created by the spread of COVID-19 infection
and consequences thereof shall not be included in the period
specified in Section 6, Paragraph two of the National Guard Law
for the execution of the National Guard tasks and training. The
provision of such support shall be counted in days, and the
compensation for the execution of service tasks or training shall
be disbursed to a national guardsman for each task execution day
in accordance with the procedures specified in laws and
regulations.
Section 37.1 Taking into account Paragraph 1
of Transitional Provisions of the Law on Public Electronic Mass
Media and Their Management and in accordance with Section 5,
Paragraph two, Clause 6 of the Law on Prevention of Squandering
of the Financial Resources and Property of a Public Person, the
National Electronic Mass Media Council may take a decision by
which it permits to include, for a specific period of time
without remuneration, news and informative analytical programmes
or their parts created and to be broadcast by public electronic
mass media also in programmes of other electronic mass media
specified by the National Electronic Mass Media Council, and also
to decide on the discontinuation of their use if the relevant
electronic mass medium does not comply with the conditions
provided for in the decision of the National Electronic Mass
Media Council. Appealing of the decisions referred to in this
Section shall not suspend their operation.
[18 March 2021]
Section 37.2 With a consent of a veteran of
the National Guard, the Minister for Defence may involve veterans
of the National Guard in the provision of support to State and
local government authorities in elimination and management of the
threat to the State created by the spread of COVID-19 infection
and consequences thereof. A veteran of the National Guard shall
receive a compensation in the amount of EUR 30 for one day of the
fulfilment of such tasks, and also the rations specified for a
soldier or its compensation. If a veteran of the National Guard
has suffered damage to health while fulfilling the tasks
specified in this Law, he or she has the right to paid health
care in accordance with the procedures and in the amount laid
down in the National Guard Law.
[25 March 2021]
Section 37.3 During the spread of COVID-19
infection, a postal operator need not apply the requirement laid
down in the laws and regulations for the obligation of the
addressee to sign in the area of the informative notice "date and
signature" or on the sensor of the signature capturing device if
the postal operator, using consignment processing systems which
prepare and aggregate the consignment receipt data, ensures
documentary or electronic evidence that the particular
consignment has been issued.
[25 March 2021]
Section 37.4 Administrators who have been
appointed to the office in accordance with the provisions of the
Insolvency Law and for whom the date of expiry of the office
certificate is specified from 11 October 2021 have the right to,
on the basis of the issued office certificate, fulfil the duties
of the administrator until the day when the amendments to the
Insolvency Law providing for the extension of the qualification
period of an administration come into force.
[6 July 2021]
Section 37.5 The movable property of the
State - vaccines against COVID-19 infection - may be sold to
foreign governments without applying the Law on Alienation of
Property of Public Entity. In each individual case, the decision
on the sale of vaccines against COVID-19 infection shall be taken
by the Cabinet. The funds acquired as a result of the sale of
vaccines against COVID-19 infection shall be transferred into the
revenues of the State basic budget.
[24 February 2022]
Chapter IV
Special Provisions for the Execution of Criminal Punishments
Section 38. (1) The visitation of a prison and the
rights of prisoners specified in law may be temporarily
restricted by an order of the head of the Prisons Administration
in order to ensure epidemiological safety.
(2) The rights of probation clients specified in law,
including the right to leave the country, may be temporarily
restricted and also the implementation of specific State
Probation Service functions may be suspended or restricted in a
specific territory or the entire territory of the State by an
order of the head of the State Probation Service in order to
ensure epidemiological safety.
(3) The head of the Prisons Administration or a person
authorised thereby shall manage crisis situations of any kind at
a prison.
(4) If it is established that at least one prisoner is ill
with COVID-19 infection or if the number of prison officials with
special ranks infected with COVID-19 or determined as contact
persons poses a threat to the implementation of the functions
specified for the Prisons Administration, the head of the Prisons
Administration has the following rights:
1) to assign any official of the Prisons Administration to
fulfil any other service duties other than those determined in
the job description, or to fulfil them in another unit;
2) to employ officials of the Prisons Administration
continuously for not more than 24.5 hours.
(5) If due to the number of prison officials with special
ranks infected with COVID-19 or determined as contact persons it
is not possible to ensure implementation of the functions
specified for the Prisons Administration, the head of the Prison
Administration has the right to request in writing support of the
National Armed Forces for ensuring guarding of prisons,
supervision of prisoners, and implementation of other tasks. In
such a situation prison officials who are able to work are
primarily diverted to the fulfilment of such service duties which
provide for being in contact with prisoners.
(6) Such type of short or long-duration visits which is not
provided for in the laws and regulations governing the execution
of imprisonment may also be specified by an order of the head of
the Prison Administration for prisoners for ensuring
epidemiological safety.
[18 December 2020; 17 March 2022]
Section 39. (1) Within a month after revocation of the
emergency situation, the Prison Administration shall send a
registered letter to the person who has been sentenced to
temporary deprivation of liberty if the judgment has come into
effect or has been transferred for enforcement during the
emergency situation by indicating in the letter the deprivation
of liberty institution and time when the person must arrive to
serve the punishment of temporary deprivation of liberty.
(2) The Prisons Administration shall ensure that the persons
referred to in Paragraph one of this Section commence the serving
of the punishment of temporary deprivation of liberty not later
than six months after the end of the emergency situation.
Section 40. If a prison admits a prisoner, such
prisoner shall be placed in a quarantine cell for a period of up
to 14 days. During this period the prisoner is subject to the
restrictions of rights referred to in Section 42, Paragraph one
of this Law.
[17 March 2022]
Section 41. (1) After the end of the emergency
situation or lifting the restrictions determined for the
containment of the spread of COVID-19 infection in prisons, a
prison shall provide to prisoners the short-duration and
long-duration visits of relatives and other persons that were not
provided thereto within the time period from 1 October 2020 until
the restrictions were lifted. In order to ensure equal
opportunities for all prisoners, a prison shall provide the
short-duration and long-duration visits provided in laws and
regulations on a first-come first-served basis taking into
account the date when the submission for a visit has been
submitted.
(2) The visits referred to in Paragraph one of this Section
shall be organised in the following order of priority:
1) visits that were not provided within the period from 9
November 2020 until 6 April 2021 due to the emergency situation
determined in the state or that were not provided due to the
restrictions determined in the prison for the containment of the
spread of COVID-19 infection;
2) other visits.
(3) If a convicted person has submitted a relevant submission,
the head of a prison can decide on the aggregation of the
long-duration visits referred to in Paragraph one of this Section
(grant several consecutive visits) if this allows the available
infrastructure of the prison to be used more efficiently.
(4) Transfer of a prisoner to a medical treatment institution
outside a prison for the receipt of health care services,
including planned consultations of physicians specialists,
diagnostic examinations and inpatient treatment, shall take place
on the first come, first served basis after the medical treatment
institution has approved the provision of the relevant service to
the prisoner.
[6 July 2021]
Section 42. (1) A prisoner who has been recognised as a
contact person and a prisoner to whom COVID-19 infection has been
established or who is suspected of being infected shall be placed
separately from other prisoners for a period of up to 14 days.
During this period the prisoner shall be under the surveillance
of medical practitioners, criminal procedural activities shall
not be performed therewith, the prisoner shall not be convoyed
upon a request of the persons directing the proceedings,
including to court hearings, shall not be involved in
resocialisation measures, short and long-duration visits, right
to receive guests and also right to phone calls, video
communication, right to temporarily leave the prison, and
marriage registration shall not be ensured thereto.
(2) If quarantine is determined in a specific prison or the
whole prison system, the restrictions specified in Paragraph one
of this Section shall initially apply to all prisoners of the
relevant prison. During the quarantine, the head of the Prisons
Administration shall regularly review the restrictions imposed on
prisoners.
Section 43. (1) The State Probation Service may replace
a face-to-face meeting with the probation client with remote
communication.
(2) A decision of the head of the State Probation Service
which has been taken based on Section 14, Paragraph one of the
law On the Operation of State Authorities During the Emergency
Situation in Relation to the Spread of COVID-19 shall be in
effect until the end of the time limit specified in the
decision.
Chapter V
Special Conditions in the Field of Education, Sports, and
Tourism
Section 44. (1) The term of accreditation of general
education institutions, vocational education institutions, and
examination centres (except for colleges), and also general
education programmes and vocational education programmes (except
for vocational higher education programmes) which ends before 31
August 2020 is extended until 31 December 2020.
(11) The term of accreditation of general education
institutions, vocational education institutions, and examination
centres (except for colleges), and also general education
programmes and vocational education programmes (except for
vocational higher education programmes) which expires before 31
August 2021 shall be extended until 31 May 2022 if an educational
institution has submitted a justified submission to the State
Education Quality Service.
(2) A licensed general education programme or licensed
vocational education programme (except for a vocational higher
education programme) which is to be accredited by 31 August 2020
is treated as an accredited education programme for a period
until 31 December 2020 if the State Education Quality Service
has, until the day of coming into force of the law On the
Operation of State Authorities During the Emergency Situation in
Relation to the Spread of COVID-19, received an accreditation
submission from an educational institution and the educational
institution is implementing another accredited general education
programme or vocational education programme (except for a
vocational higher education programme). An educational
institution implementing such educational programme is entitled
to issue State-recognised education documents regarding the
acquisition of education corresponding to the educational
programme until 31 December 2020.
(3) Assessment of professional activity of the heads of
educational institutions which is to be performed by 31 August
2020 shall be extended until 31 December 2020.
(31) Assessment of professional activity of the
heads of educational institutions which is to be performed by 31
August 2021 shall be extended until 31 May 2022 if an educational
institution has submitted a justified submission to the State
Education Quality Service.
(4) [18 March 2021]
(41) If an opinion of the State pedagogical and
medical commission and local government pedagogical and medical
commission on the most appropriate educational programme for an
educatee with special needs states that a repeated evaluation of
the health condition, abilities, and development level of the
educatee is to be done until 31 August 2020, the time limit for
the evaluation shall be extended until 30 June 2021, and until
then the existing opinion shall be applied.
(42) In addition to the competence specified in the
regulation regarding pedagogical and medicinal commission, local
government pedagogical and medical commissions are entitled to
recommend the necessary support measures in State examinations
for educatees with visual impairments, hearing impairments, or
physical development disorders in grades 1-12, for educatees with
somatic symptom disorders in grades 1-9, for educatees with
mental development disorders, serious mental development
disorders, or several serious developmental disorders, learning
disabilities, speech disorders, or mental health disorders in
grades 5-9.
(5) The term of validity of a certificate of sports
specialists and shooting instructors which ends before 31 August
2020 shall be extended until 31 December 2020.
(6) Higher education institutions and scientific institutions,
including higher education institutions and scientific institutes
for which elections of the main decision making bodies of a
higher education institution, scientific council or director of a
scientific institution are to be organised in the period until 1
May 2021 in accordance with the time periods specified in the
external laws and regulations, have the right to decide to
postpone elections for a period not longer than until 31 December
2021. If a higher education institution or scientific institution
decides to postpone elections, until the day of entry into effect
of the powers of a newly elected main decision making body of a
higher education institution, scientific council or director of a
scientific institution the powers of the respective bodies shall
be exercised by the former elected bodies.
(7) The Minister for the Interior shall take a decision on the
course of the learning process in educational institutions of the
system of the Interior. The Minister for Defence shall take a
decision on the course of the learning process in military
educational institutions. The Minister for Justice shall take a
decision on the course of the learning process in the Training
Centre of the Prisons Administration.
[18 December 2020; 18 March 2021; 29 April 2021]
Section 45. (1) Sections 36 and 46 of the General
Education Law shall not apply to the duration of the academic
year 2021/2022, except for the duration of the academic year in
special education institutions and completion of educational
programmes in the form of acquisition of education in distance
learning, and also for grades 1-8 in the social correction
education institution "Naukšēni". The academic year 2021/2022 for
educatees of grades 1-8 (except for the social correction
education institution "Naukšēni") and for educatees of grades
10-11 shall last until 31 May 2022, for educatees of grade 9
until 14 June 2022, and for educatees of grade 12 until 21 June
2022.
(2) If there are several local government general secondary
education institutions in the territory of the local government,
the local government is entitled, when enrolling educatees in a
general secondary education programme for the academic year
2022/2023, to organise unified entrance examinations according to
the State basic education standard and to determine enrolment
criteria.
(3) Section 60, Paragraph 3.2 of the Education Law
shall not be applicable from 1 September 2021 until 31 August
2022.
[17 March 2022]
Section 46. (1) If a traveller has concluded a package
travel contract and one of the parties has unilaterally
terminated the contract due to the declaration of the emergency
situation in the Republic of Latvia created by the spread of
COVID-19 infection or due to force majeure circumstances
in the holiday destination in relation to the spread of COVID-19
infection, the tour operator, instead of repaying such amount, is
entitled to draw up a certification to the traveller for the
amount of the unused trip (hereinafter - the certification) which
the traveller can use for the purchase of other trips from that
tour operator for the sum which has been paid to the tour
operator by the traveller or a tour agency on behalf of the
traveller if a special permit (licence) has been issued thereto
and it has a valid security.
(2) The certification shall be issued in accordance with the
following conditions:
1) sum of the certification shall correspond to the sum which
the traveller has paid to the tour operator or agent through
which the package was purchased;
2) the certification shall include information regarding the
issuer, holder, date of issuing, sum of money, and validity
period;
3) the certification shall be valid for 12 months from the day
when the emergency situation has been revoked in the State;
4) the certification shall be issued free of charge;
5) the certification shall include a reference that it has
been issued in relation to the circumstances created by the
spread of COVID-19 infection.
(3) If a traveller refuses to receive the certification, the
tour operator and traveller may agree on another solution,
including repayment of the money and repayment time limit which
cannot exceed 12 months from the day when the emergency situation
is revoked in the State.
(4) If the certification or agreement on the repayment of
money is reached for a period when the existing security is not
valid anymore, the tour operator has an obligation to inform the
traveller of the expiry of the term of validity of the existing
security a month before the expiry of the valid security. If the
tour operator has not received a new security two weeks before
the expiry of the term of validity of the existing security, the
tour operator has an obligation to inform the traveller and the
Consumer Rights Protection Centre thereof and also to repay the
whole amount of the money paid in by the traveller until the end
of the term of validity of the existing security.
(5) A traveller can transfer the certification to another
person or group of persons under a prior agreement thereon with
the tour operator.
(6) If a traveller does not spend the entire sum specified in
the certification or a part thereof for the purchase of another
trip within the term of validity specified in the certification,
the tour operator shall repay the unused sum of money to the
traveller within 14 days after the end of the term of validity of
the certification.
(7) A tour operator shall keep a record of the certifications
by indicating at least their holder, date of issuing, value, and
term of validity. Information regarding the issued certifications
shall be submitted to the Consumer Rights Protection Centre once
per quarter together with quarterly reports.
(8) The security of a tour operator (insurance policy issued
by an insurer or a guarantee issued by a credit institution)
shall apply to the certifications issued to travellers in
accordance with the scope of commitments provided in the
security.
(9) The amount of the security for a tour operator shall be at
least in the amount of the sums of money paid by travellers, but
not less than EUR 3000. If the amount of the sums of money paid
by travellers to the tour operator does not exceed EUR 10 000,
the coefficient 1.5 shall be applied to the calculation of the
amount of the necessary security.
[18 March 2021]
Chapter VI
Conditions for the Provision of Social Services and Social
Assistance and Special Conditions in the Field of Health
Care
[18 March 2021]
Section 47. (1) If a provider of social services is
able to ensure compliance with the epidemiological safety
measures, the placement of new clients in social service
institutions which provide social services with accommodation is
allowed.
(2) If in an institution where social services with
accommodation are provided by a social service provider founded
by a local government or State or such social service provider
which has entered into a contract with a local government or
State for the provision of the abovementioned services clients
are found to have contracted COVID-19 infection, the service
provider shall, in addition to the maximum amount of supplements
laid down in Section 14, Paragraph two of the Law on Remuneration
of Officials and Employees of State and Local Government
Authorities, determine a supplement for the personnel involved in
the care in conditions of increased risk for the care of the
infected clients and contact persons of such clients in the
amount of up to 50 per cent of a monthly wage for the period
between 1 December 2020 and 30 June 2021. The abovementioned
supplement may also be determined for the personnel involved in
testing of persons with the SARS-CoV-2 rapid antigen tests.
(3) Additional expenditures of local governments for
supplements in institutions founded by a local government and
institutions with which a contract has been entered into for the
provision of the services referred to in Paragraph two of this
Section in the amount of 50 per cent of the actual additional
expenditures of local governments shall be covered from the State
budget programme "Funds for Unforeseen Events":
1) in order to receive an earmarked grant the local government
shall, by the tenth day of the month following the reporting
month, in accordance with laws and regulations regarding the
procedures by which the Treasury ensures electronic information
exchange by using the information system of the Treasury
"Information System for Budget Reports of Ministries, Central
State Institutions and Local Governments", submit a report,
including the following information therein:
a) the financing disbursed by the local government for the
supplements disbursed in institutions founded by the local
government and institutions with which a contract has been
entered into for the provision of the services referred to in
Paragraph two of this Section;
b) the number of institutions, the number of COVID-19 positive
clients, and the number of persons involved in the care who have
received the supplement;
c) the account of the local government with the Treasury or
the credit institution for the receipt of the earmarked grant and
the implementation of expenditures;
2) the Ministry of Welfare:
a) shall make a payment of the earmarked grant to the local
government within 10 working days after evaluation of the report
and recognition thereof as appropriate;
b) is entitled to control the utilisation of the earmarked
grant randomly by requesting additional information from the
local government;
c) if any errors are established in the report or violations
in the granting and disbursement of supplements, the disbursement
of the earmarked grant shall be suspended until clarification of
the report or rectification of the violations; after
clarification of the report or rectification of the violations a
re-calculation and payments shall be made for the previous period
but the funds disbursed unduly shall be deducted from the funds
provided for in the following month for the local government.
(4) In order to compensate for additional expenditures for
supplements in institutions with which the Ministry of Welfare
has entered into a contract for the provision of the services
referred to in Paragraph two of this Section, the Ministry of
Welfare and the abovementioned authorities shall enter into an
additional agreement to the contract entered into for the
supplements above the specified contract prices which determines
the information to be included in the report, the procedures for
submission thereof, the control conditions, and the procedures
for receiving financing.
[18 December 2020; 18 March 2021]
Section 47.1 For achievement of the
epidemiological safety objectives, a social service provider has
an obligation to comply with the requirements, instructions,
guidelines, and other measures of the local government and State
competent authorities for minimising the risks to health of the
personnel and clients. The head of an institution shall be
responsible for organising the work in accordance with the
epidemiological safety requirements in the institution managed
thereby.
[18 March 2021]
Section 47.2 (1) Upon request of a parent, a
local government shall, without delay, ensure care for a child in
a childcare institution or other premises which are adapted for
short-term care for a child if the parent has contracted COVID-19
and is in a medical treatment institution, and the self-isolation
of and care for the child at relatives or other persons close to
the child cannot be ensured.
(2) In the case referred to in Paragraph one of this Section,
the Orphan's and Custody Court shall take a unilateral decision
on ensuring care for a child on the basis of a submission of a
parent. The Orphan's and Custody Court shall unilaterally
terminate such decision after recovery of the parent.
[18 March 2021]
Section 48. [17 March 2022]
Section 49. If a police decision on separation or a
court decision on temporary protection against violence which
prohibits to stay in a dwelling has been taken with regard to a
person who must implement special epidemiological safety measures
during the validity of this Law and the person himself or herself
is not able to ensure self-isolation, a local government shall,
to the extent possible, provide this person with a place for
self-isolation. The person (except for a person with disability
and a person who has been recognised as a low-income or needy
person) shall cover the expenses related to the provision of the
place for self-isolation.
Section 49.1 During the emergency situation
a local government may grant social services and social
assistance for satisfying the basic needs also to a target group
which does not correspond to the conditions of Section 3 of the
Law on Social Services and Social Assistance if it is impossible
to satisfy the basic needs of a person otherwise.
[18 December 2020]
Section 49.2 For the persons employed in
medical treatment institutions which provide outpatient or
inpatient health care services, in practices of general
practitioners, and also in the State Emergency Medical Service
and the State Blood Donor Centre, for pharmacists, and also for
the civil servants and employees of the Ministry of Health, the
Centre for Disease Prevention and Control, and the National
Health Service, a supplement of up to 100 % of the monthly wage
may be specified for work under conditions of increased risk and
workload due to the outbreak of COVID-19 and elimination of its
consequences in addition to the maximum amount of supplements
laid down in Section 14, Paragraphs two and thirteen of the Law
on Remuneration of Officials and Employees of State and Local
Government Authorities. The Minister for Health shall decide on
the use of the funding based on the actual needs. The Ministry of
Health shall request the additional financial resources necessary
for supplements from the State budget programme 02.00.00 "Funds
for Unforeseen Events".
[18 March 2021]
Section 49.3 For the persons employed in
medical treatment institutions which provide inpatient health
care services, and also in the State Emergency Medical Service
and the State Blood Donor Centre, for civil servants and
employees of the Ministry of Health, the Centre for Disease
Prevention and Control, the National Health Service, and the
Health Inspectorate such overtime work may be determined which
exceeds the maximum overtime work specified in the Labour Law and
in Section 53.1, Paragraph two of the Medical
Treatment Law, but does not exceed 60 hours per week. Section
136, Paragraph four of the Labour Law shall not apply to the
cases referred to in this Section. The Ministry of Health shall
request the additional financial resources necessary for overtime
work remuneration from the State budget programme 02.00.00 "Funds
for Unforeseen Events".
[18 March 2021]
Section 49.4 In addition to the groups of
persons specified in the Health Care Financing Law who have the
right to receive health care services within the scope of the
State mandatory health insurance and the groups of persons
specified in Regulation (EC) No 883/2004 of the European
Parliament and of the Council of 29 April 2004 on the
coordination of social security systems who have the right to
receive health care services to the same extent as persons
insured in Latvia, the persons who have been granted a temporary
residence permit in Latvia, foreign students studying full-time
in Latvia, employees of foreign diplomatic and consular missions,
international organisations and their representations who are
accredited and residing in Latvia and their family members shall
also be vaccinated against COVID-19 infection throughout the
vaccination period.
[25 March 2021; 29 April 2021]
Section 49.5 The following persons may
perform vaccination at a medical treatment institution which has
the right to vaccinate against COVID-19 infection in the
indicated order of priority:
1) a doctor, nurse, doctor's assistant, midwife, and dentist
registered in the Register of Medical Practitioners and Medical
Treatment Support Personnel;
2) a medical assistant whose professional knowledge and skills
required for performing vaccination are individually assessed by
a medical treatment institution, a radiologist assistant,
biomedical laboratory assistant, physiotherapist, occupational
therapist, masseur, podologist, cosmetician, beauty care
specialist in cosmetology and radiographer registered in the
Register of Medical Practitioners and Medical Treatment Support
Personnel who perform vaccination under direct supervision of a
certified health care practitioner (doctor, doctor's assistant,
nurse, midwife);
3) an optometrist, dental hygienist, dentist's assistant,
dental technician, assistant to a physiotherapist, assistant to
an occupational therapist, nursing assistant, audio speech
therapist, art therapist, nutritional specialist, and technical
orthopaedist registered in the Register of Medical Practitioners
and Medical Treatment Support Personnel who perform vaccination
under direct supervision of a certified health care practitioner
(doctor, doctor's assistant, nurse, midwife);
4) a doctor, nurse, doctor's assistant, midwife, and dentist
if the period for which they have been registered in the Register
of Medical Practitioners and Medical Treatment Support Personnel
has expired not later than five years from the day when the
relevant medical practitioner has been employed by the medical
treatment institution to perform vaccination against COVID-19
infection.
[29 April 2021]
Section 49.6 (1) During the spread of
COVID-19 infection, the limited intensive care resources shall be
used and prioritisation of patients in accordance with medical
criteria shall be done according to evidence based medical
principles. The Cabinet shall determine the main principles and
criteria for the use of the limited intensive care resources and
prioritisation of patients.
(2) The recommendations developed by the professional
organisations of medical practitioners and consultative health
care authorities for ensuring the treatment process of persons
infected with COVID-19, and also the recommendations for the use
of the limited intensive care resources and prioritisation of
patients during the spread of COVID-19 infection shall be
approved by the Minister for Health upon receipt of an opinion
from the competent authority of the health sector. After
approval, the recommendations shall be published on the website
of the Centre for Disease Prevention and Control, and the medical
treatment institutions which ensure the treatment process of
persons infected with COVID-19 shall be informed thereof.
[6 July 2021]
Section 49.7 (1) The Cabinet shall determine
the requirements and procedures for the requesting, granting, and
disbursement of compensation or for refusal to grant it, and also
shall determine the amount of compensation to be disbursed
according to the severity of harm, without exceeding EUR 142 290,
if serious or moderately serious harm to the health or life of a
patient has been inflicted due to confirmed adverse effects
caused by vaccination against COVID-19 infection.
(2) A compensation claim of a patient for the serious or
moderately serious harm to his or her health or life inflicted
due to confirmed adverse effects caused by vaccination against
COVID-19 infection shall be examined and a decision shall be
taken within six months after receipt of the compensation claim.
If additional information needs to be requested, collected, and
evaluated, the period for examining the compensation claim and
taking the decision may be extended for up to one year.
(3) A patient shall request a compensation for the serious or
moderately serious harm to his or her health or life inflicted
due to confirmed adverse effects caused by vaccination against
COVID-19 infection not later than within two years from the day
of discovering the harm, however, not later than within three
years from the day of vaccination. The compensation referred to
in this Section shall not be disbursed if the patient has already
received compensation for the harm inflicted on his or her life
or health within the scope of civil proceedings.
[17 March 2022]
Section 49.8 State and local government
capital companies the type of the basic activity of which is the
provision of health care services and which provide inpatient
health care services to COVID-19 patients have the right to
organise volunteer work in accordance with the procedures laid
down in the Volunteer Work Law.
[4 November 2021]
Section 49.9 Insurance of a performer of
volunteer work is not ensured for the work performed by a
volunteer in the medical treatment institutions specified in
Section 49.8.
[4 November 2021]
Section 49.10 (1) The procedures stipulated
by the Cabinet for the provision of temporary professional
services in a profession regulated in the Republic of Latvia
shall also be applicable to medical practitioners (doctors,
nurses, midwives, assistant doctors) who arrive from the USA,
Canada, Mexico, Brazil, Australia, New Zealand, Japan, South
Korea, Israel, Great Britain, the United Arab Emirates, Qatar,
and Singapore in the Republic of Latvia for the provision of
emergency medical assistance, the provision of assistance in
acute cases, and the medical treatment of and care for COVID-19
patients.
(2) The procedures stipulated by the Cabinet for the renewal
of the term of registration for medical practitioners who have
performed professional activity outside the Republic of Latvia in
a profession or any of primary specialities, sub-specialities, or
additional specialities of the profession in any Member State of
the European Economic Area or in the Swiss Confederation shall
also be applicable to medical practitioners (doctors, nurses,
midwives, assistant doctors) who arrive from the USA, Canada,
Mexico, Brazil, Australia, New Zealand, Japan, South Korea,
Israel, Great Britain, the United Arab Emirates, Qatar, and
Singapore in the Republic of Latvia for the provision of
emergency medical assistance, the provision of assistance in
acute cases, and the medical treatment of and care for COVID-19
patients.
(3) The recertification procedures stipulated by the Cabinet
for the medical practitioners who have continuously performed
professional activity outside the Republic of Latvia in any
Member State of the European Union shall also be applicable to
medical practitioners (doctors, nurses, midwives, assistant
doctors) who have performed professional activity in the primary
speciality, sub-speciality, additional speciality, or medical or
diagnostic method indicated in the certificate in the USA,
Canada, Mexico, Brazil, Australia, New Zealand, Japan, South
Korea, Israel, Great Britain, the United Arab Emirates, Qatar, or
Singapore and who arrive in the Republic of Latvia for the
provision of emergency medical assistance, the provision of
assistance in acute cases, and the medical treatment of and care
for COVID-19 patients.
(4) A medical treatment institution may employ a medical
practitioner if it is possible to ensure the communication
necessary for the performance of professional activity of the
medical practitioner (for example, with the assistance of an
interpreter), including to provide information to a patient in a
comprehensible manner and to communicate with the medical
practitioners, medical treatment support persons, and staff at
the medical treatment institution in a comprehensible manner.
[17 March 2022]
Section 49.11 For a medical practitioner for
whom the term of registration with the Register of Medical
Practitioners and Medical Treatment Support Persons has expired
not earlier than within the last five years, it is renewed once
for one year if the medical practitioner engages in the provision
of emergency medical assistance, the provision of assistance in
acute cases, and the medical treatment of and care for COVID-19
patients.
[17 March 2022]
Section 49.12 The State Emergency Medical
Service shall be permitted to employ persons who receive a
service pension in accordance with the Law on Service Pensions of
Employees of the State Emergency Medical Service Involved in
Ensuring of Emergency Medical Assistance. The disbursement of the
service pension shall be retained for the abovementioned
persons.
[17 March 2022]
Section 49.13 The Cabinet shall determine
the tasks to be fulfilled by the local government if it is
necessary to involve it in the measures for the containment of
COVID-19 and the measures for the ensuring and promotion of
vaccination against COVID-19 infection.
[17 March 2022]
Chapter VII
Administrative Liability for the Failure to Comply with the
Restrictions Specified in the Law and Restrictions Specified
within the Scope of Administrative Proceedings
[25 March 2021]
Section 50. (1) For the failure to comply with an
epidemiological safety measure specified for the containment of
the spread of COVID-19 infection, a warning or a fine of up to
four hundred units of fine shall be imposed on a natural person,
but a fine from twenty-eight to thousand units of fine on a legal
person.
(2) [18 December 2020]
(3) For the failure to fulfil the obligation imposed on the
person to include information in the information system for
monitoring persons, a fine from two to four hundred units of fine
shall be imposed.
[21 July 2020; 1 October 2020; 18 December 2020; 25 March
2021; 4 November 2021]
Section 50.1 [4 November 2021]
Section 51. (1) Administrative offence proceedings for
the offence referred to in Section 50, Paragraph one of this Law
shall be conducted by the administrative inspectorate of the
local government, the municipal police, the State Education
Quality Service, the Consumer Rights Protection Centre, the Food
and Veterinary Service, the State Labour Inspectorate, the State
Revenue Service, the State Police, the State Border Guard, the
State Fire and Rescue Service, or the Health Inspectorate.
(2) [18 December 2020]
(3) Administrative offence proceedings for the offence
referred to in Section 50, Paragraph three of this Law shall be
conducted by the Health Inspectorate, the State Police, the State
Border Guard, and a municipal police.
(4) [4 November 2021]
[1 October 2020; 29 October 2020; 18 December 2020; 4
November 2021]
Section 52. (1) If a trading site (unit) or a site
(unit) where services are provided has not developed or
introduced an internal control system for the implementation of
epidemiological safety measures and it may cause immediate and
essential harm to public health interests, the State Police or
municipal police may, in accordance with the procedures laid down
in the Administrative Procedure Law, take a written decision to
close the trading site (unit) or the site (unit) where services
are provided for visitors for a period of up to seven days.
(2) The responsible person appointed by an economic operator
has an obligation to take the decision referred to in Paragraph
one of this Section. The decision shall be notified in accordance
with the procedures laid down in the Law on Notification.
(3) The decision referred to in Paragraph one of this Section
shall enter into effect at the moment of its notification and
must be enforced without delay. Contesting or appeal of the
decision shall not suspend its validity.
[25 March 2021; 4 November 2021]
Transitional Provisions
1. With the coming into force of this Law, the law On the
Operation of State Authorities During the Emergency Situation in
Relation to the Spread of COVID-19 (Latvijas Vēstnesis,
2020, No. 67B, 88B) is repealed.
2. Until 30 June 2020, the enforcement of the administrative
penalty - administrative arrest - shall not be carried out.
3. The requirement of Section 20, Paragraph four of this Law
to provide a possibility for the interested parties to ask
questions and receive answers through the use of an online video
conferencing tool or another online communication tool during
remote consultation shall not be applied if the public
consultation specified in the environmental laws and regulations
has been announced until the day of coming into force of this
Law.
4. The examination of cases which has been commenced in the
written procedure in accordance with Section 4, Paragraphs one
and three and Section 5, Paragraphs one, two, and five of the law
On the Operation of State Authorities During the Emergency
Situation Related to the Spread of COVID-19 shall be completed in
the written procedure.
[21 July 2020]
5. The payment specified in Section 19 of this Law shall be
made from the funds granted to the Legal Aid Administration under
the budget sub-programme 03.03.00 of the Ministry of Justice
"Provision of Legal Aid" in accordance with the law On the State
Budget for 2020 by allocating funding of not more than EUR 12 000
for this purpose.
6. If allowed by the epidemiological safety requirements, a
prison shall ensure the following within a month after revocation
of the emergency situation:
1) commencement of the execution of the incentive - the
permission of the head of the deprivation of liberty institution
to temporary leave the territory of the deprivation of liberty
institution - on the first-come, first served basis;
2) reinstatement of the implementation of interest and
informal education programmes;
3) reinstatement of the marriage registration for convicted
persons;
4) by previously agreeing thereupon with the relevant
employer, the permission for a convicted person to leave an open
prison within the scope of employment;
5) permission for convicted persons in open prisons to receive
guests;
6) reinstatement of the operation of the commission which
decides on the transfer of convicted persons sentenced with
deprivation of liberty for life (life imprisonment) to premises
where those convicted persons which are not sentenced for life
serve their sentence at a closed prison;
7) reinstatement of accepting parcels intended for convicted
persons.
7. Within a month after revocation of the emergency situation,
the State Probation Service shall:
1) review the restrictions imposed on probation clients and
revoke them if such restrictions have been imposed based on the
emergency situation declared in the State and are not needed
anymore;
2) commence the organisation of the execution of the criminal
punishment - community service - and compulsory measure of
correctional nature - community work - for the probation clients
to whom the execution was suspended for the period of the
emergency situation.
8. Section 35 of this Law shall come into force on the day
when the law On Measures for the Prevention and Suppression of
Threat to the State and Its Consequences Due to the Spread of
COVID-19 is repealed.
9. Chapter VII of this Law shall come into force concurrently
with the Law on Administrative Liability.
10. This Law shall be in force for as long as there are
threats to the epidemiological safety in relation to the spread
of COVID-19 infection. At least once every three months, the
Cabinet shall submit to the Saeima a report on the threats
to the epidemiological safety in relation to the spread of
COVID-19 infection. The Saeima shall recognise this Law as
repealed by a separate law.
11. Local governments shall ensure that starting form 20
November 2020 mouth and nose covers are available to low-income
or needy persons.
[29 October 2020]
12. Section 50.1 and Section 51, Paragraph four of
this Law shall come into force on 20 November 2020.
[29 October 2020]
13. Amendment to Section 25 of this Law which provides for the
replacement of the words "State Centre for Defence Military
Objects and Procurement" (in the relevant case) with the words
"State Centre for Defence Logistics and Procurement" (in the
relevant case) shall come into force on 1 January 2021.
[18 December 2020]
14. A tour operator and a traveller may agree on the extension
of the certifications which have been issued in accordance with
Section 46, Paragraph two, Clause 3 of this Law within the period
from 12 March 2020 to 9 November 2020 for up to 18 months from
the day of revocation of the emergency situation in the State on
9 June 2020.
[18 March 2021]
15. A tour operator and a traveller may agree on the extension
of the agreements which have been entered into in accordance with
Section 46, Paragraph three of this Law within the period from 12
March 2020 to 9 November 2020 for up to 18 months from the day of
revocation of the emergency situation in the State on 9 June
2020.
[18 March 2021]
16. In order to renew sports activities on site, the provision
of trade and catering services as soon as allowed by the
epidemiological situation, the Cabinet shall determine the
following by 31 March 2021:
1) the epidemiological safety requirements and the procedures
for the course of sports activities for children and youth
indoors and outdoors in conformity with the nature of each type
of sport and the principle of regional availability;
2) the epidemiological safety requirements and the procedures
by which the operation of sales locations may be ensured in
conformity with the safe trade concept;
3) the epidemiological safety requirements and the procedures
by which public catering shall be provided outdoors.
[18 March 2021]
17. The public consultation which has been commenced until the
day of coming into force of amendments to Section 21 of this Law
regarding the public consultation on spatial development planning
documents of a planning region and local government remotely
shall be considered as having taken place if the conditions of
Section 21, Paragraph three, Clauses 1, 3, 4, and 5 have been
met.
[18 March 2021]
18. Section 31.2 of this Law in relation to the
officials with special service ranks of the Tax and Customs
Police and Customs Board of the State Revenue Service shall be
applicable from 1 March 2021.
[29 April 2021]
19. The payment specified in Section 19 of this Law shall be
made from the funds granted to the Legal Aid Administration under
the budget sub-programme 03.03.00 of the Ministry of Justice
"Provision of Legal Aid" in accordance with the law On the State
Budget for 2021 by allocating not more than EUR 15 000 for this
purpose.
[29 April 2021]
20. The Prime Minister assigns the responsible minister to
liquidate the Vaccination Project Bureau by 1 June 2021.
[29 April 2021]
21. From 7 May 2021, the providers of public catering services
shall be permitted to provide public catering services in outdoor
spaces in compliance with the epidemiological safety measures
determined by the Cabinet for public catering services. Depending
on the epidemiological situation, the Cabinet may take the
decision to suspend the provision of the abovementioned services
for a specific period.
[29 April 2021]
22. Sub-paragraphs 32.8 1, 32.8 3, and
32.8 4 of Cabinet Regulation No. 360 of 9 June 2020,
Epidemiological Safety Measures for the Containment of the Spread
of COVID-19 Infection, become invalid.
[29 April 2021]
23. [6 July 2021]
24. All medical practitioners registered with the Register of
Medical Practitioners and Medical Treatment Support Persons may
provide services that correspond to the profession of the medical
practitioner by complying with the epidemiological safety
requirements laid down by the Cabinet. If the Medical Treatment
Law does not require the place where the service is provided to
be a medical treatment institution, the medical practitioner may
provide the service also at a place which is not a medical
treatment institution.
[27 May 2021]
25. If an employee (official) has been suspended from work
(office, service) in accordance with the epidemiological safety
requirements prior to the day of coming into force of Section
7.3 of this Law, the maximum period of suspension or
furlough provided for in Section 7.3, Paragraph four
of this Law shall be counted from the day when the employer has
taken the decision on the suspension or furlough of the employee
(official).
[4 November 2021]
26. For medical practitioners for whom the term for which they
are registered with the Register of Medical Practitioners and
Medical Treatment Support Persons is renewed in accordance with
Paragraph 9.17 of Cabinet Order No. 720 of 9 October
2021, Regarding Declaration of the Emergency Situation, it is
extended for one year.
[17 March 2022]
27. Section 46, Paragraph nine of this Law shall be applicable
until 30 June 2022.
[17 March 2022]
The Law shall come into force on the day following its
proclamation.
The Law has been adopted by the Saeima on 5 June
2020.
President E. Levits
Rīga, 9 June 2020
1 The Parliament of the Republic of
Latvia
Translation © 2022 Valsts valodas centrs (State
Language Centre)