Phòng chống HIV/AIDS

LAW ON HIV/AIDS PREVENTION AND CONTROL

(No. 64/2006/QH11)
 
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was   amended   and   supplemented   under   December   25,   2001   Resolution   No.
51/2001/QH10 of the Xth National Assembly at its 10th session;
 
This Law provides for HIV/AIDS prevention and control.
 
Chapter I
 
GENERAL PROVISIONS
 
Article 1. - Scope of regulation and subject of application
 
1. This Law provides for HIV/AIDS prevention and control measures; the care, treatment and support for HIV-infected people and conditions for the implementation of HIV/AIDS prevention and control measures.
 
2. This Law shall apply to Vietnamese and foreign agencies, organizations and individuals in Vietnam.
 
Article 2.- Interpretation of terms
 
In this Law, the following terms are construed as follows:
 
1. HIV is the abbreviation  of the English  phrase Human  Immunodeficiency Virus, which is the virus that causes the acquired immune deficiency  syndrome in human, causing the body to lose the ability to fight disease-causing agents.
 
2. AIDS is the abbreviation of the English phrase Acquired Immune Deficiency Syndrome, which is caused by HIV, normally manifested by opportunistic infections and cancers, and may lead to death.
 
3. Opportunistic  infections  are infections  that happen  to a body  due to the deficiency of the body’s immunity caused by HIV infection.
 
4. Stigmatization against an HIV-infected person is an attitude of contempt or disrespect  towards another person because of the awareness  or suspicion that such person  is  infected  with  HIV  or  has  close  relationship  with  an  HIV-infected  or suspected HIV-infected person.
 
5.  Discrimination  against  an  HIV-infected  person  is  an  act  of  alienation, refusal,  isolation,  maltreatment,  disgrace,  prejudice  or restriction  of rights  towards another person because of the awareness or suspicion that such person is infected with HIV or has close relationship with an HIV-infected or suspected HIV-infected person.
 
6. High-risk behaviors are behaviors that easily cause HIV transmission such as unsafe sex, needle/syringe sharing and other behaviors that easily cause HIV transmission.
 
7. Exposure to HIV is the exposure by direct contact with blood or bio-fluids of an HIV-infected person and at risk of getting infected with HIV.
 
8.  HIV/AIDS   epidemiological   surveillance   is  the  regular  and  systematic collection  of  information  on  epidemiological  indicators  of HIV/AIDS  of  different risky groups to know temporal trends and results in order to provide information for the planning,  prevention,  control and evaluation  of the effectiveness  of HIV/AIDS prevention and control measures.
 
9.  HIV/AIDS  sentinel  surveillance  is  the  collection  of  information  through regular and systematic  HIV tests of selected  target groups to monitor  annual HIV infection rates and trends in order to provide information for the planning, prevention, control and evaluation of the effectiveness of HIV/AIDS prevention and control measures.
 
10. HIV/AIDS counseling is a process of dialogue and provision of necessary knowledge and information about HIV/AIDS prevention and control between the counselor  and  the  counseled,  in  order  to  help  the  counseled  make  his/her  own decisions and resolve problems related to the prevention of HIV/AIDS transmission and the care for and treatment of HIV-infected persons.
 
11. HIV testing is the application of professional techniques to determine the status of HIV infection in samples of blood or bio-fluid from a human body.
 
12. HIV positive is the result of a test of blood or bio-fluid samples of a human body determined as HIV-infected.
 
13. Peer education group is a group of volunteers to carry out propaganda and motivation activities and assist people in the same plight.
 
14. Mobile population group is those who regularly live far from their families and change their residences and workplaces.
 
15.   Harm   reduction   intervention   measures   in   the   prevention   of   HIV transmission include propaganda, mobilization and encouragement of the use of condoms,   clean  syringes  and  needles,  treatment   of  addiction   to  opium-related substances with substitute substances and other harm reduction intervention measures in order to facilitate safe behaviors to prevent HIV transmission.
 
Article 3.- Principles in HIV/AIDS prevention and control
 
1. Combination of social, technical and medical measures in HIV/AIDS prevention and control on the principle of regarding prevention as the major measure and information, education and communication for behavioral change as the key measure.
 
2. Implementation  of multi-sectoral  collaboration  and social  mobilization  in HIV/AIDS prevention and control; integration of HIV/AIDS prevention and control activities into socio-economic development programs.
 
3. Close combination of HIV/AIDS prevention and control with the prevention and control of drug abuse and prostitution,  attaching importance to harm reduction intervention measures in the prevention of HIV transmission.
 
4. Elimination of stigma and discrimination  against HIV-infected  people and their family members; facilitation of HIV-infected people and their family members to participate in social activities, especially in HIV/AIDS prevention and control.
 
Article 4. - Rights and obligations of HIV-infected people
 
1. HIV-infected people shall have the following rights:
 
a/ To live in integration with the community and society;
 
b/ To enjoy medical treatment and healthcare;
 
c/ To have general education, learn jobs and work;
 
d/ To have their privacy related to HIV/AIDS kept confidential;
 
e/ To refuse medical examination and treatment when having treatment of full- blown AIDS;
 
f/ Other rights as provided for by this Law and other related laws.
 
2.  HIV-infected people shall have the following obligations:
 
a/ To apply measures to prevent the transmission of HIV to other people;
 
b/ To inform their HIV positive test result to their spouse or fiancé (fiancée);
 
c/ To observe instructions on treatment with ARVs;
 
c/ Other obligations as provided by this Law and other related laws.
 
Article 5.- Responsibilities in HIV/AIDS prevention and control
 
1. Agencies,  organizations  and people’s  armed  force  units  shall,  within  the scope  of their assigned  functions  and powers,  be responsible  for formulating,  and organizing the implementation of, programs of action for HIV/AIDS prevention and control.
 
2. The Vietnam Fatherland Front and its member organizations shall have the responsibility  to propagandize  and mobilize the people to participate in HIV/AIDS prevention  and control; participate  and supervise the implementation  of HIV/AIDS prevention and control measures; and organize and carry out campaigns to provide material and mental supports for HIV-infected people.
 
3. Vietnamese and foreign agencies, organizations and individuals in Vietnam shall have the responsibility to implement the provisions of law on HIV/AIDS prevention and control.
 
4. Families shall be responsible for applying measures to prevent and control HIV/AIDS.
 
Article 6.- State policies on HIV/AIDS prevention and control
 
1. To encourage domestic and foreign agencies, organizations and individuals to  cooperate  and  support  in  all  forms  in  HIV/AIDS  prevention  and  control;  to encourage the development of self-care models organized by HIV-infected people.
 
2. To support the domestic production of ARVs; to take measures to reduce prices of ARVs.
 
3. To encourage enterprises, agencies and peoples’ armed force units to train and employ HIV-infected people and their family members or to invest resources in HIV/AIDS prevention and control.
 
4. To mobilize  the participation  of the whole society  and the financial  and technical   contributions   of   domestic   and   foreign   agencies,   organizations   and individuals in HIV/AIDS prevention and control.
 
5. To mobilize and coordinate resources for HIV/AIDS prevention and control suitable to national socio-economic  conditions and HIV/AIDS epidemic situation in each period.
 
6.   To   support   scientific   research,   experts   exchange   and   training,   and technology transfer in HIV/AIDS prevention and control.
 
7. To support the prevention and control of mother-to-child HIV transmission, the rearing of under-six-month babies born to HIV-infected mothers with substitute milk, and support AIDS patients in particularly difficult circumstances.
 
8. To treat, care for and support people infected with HIV due to occupational accidents.
 
Article 7.- State management agencies in charge of HIV/AIDS prevention and control
 
1. The Government shall perform the unified state management of HIV/AIDS prevention and control.
 
2. The Ministry of Health shall take responsibility before the Government for performing the state management of HIV/AIDS prevention and control.
 
3. Ministries and ministerial-level agencies shall, within the scope of the respective tasks and powers, coordinate with the Ministry of Health in performing the state management of HIV/AIDS prevention and control.
 
4. People’s  Committees  at all levels shall perform  the state management  of HIV/AIDS prevention and control with their respective localities.
 
Article 8.- Prohibited acts
 
1. Purposefully transmitting or causing the transmission of HIV to another person.
 
2. Threatening to transmit HIV to another person.
 
3. Stigmatizing and discriminating against HIV-infected people.
 
4. Parents abandoning their HIV-infected minor children; guardians abandoning their HIV-infected wards.
 
5. Making public the name, address and images of an HIV-infected  person or disclosing information on a person’s HIV infection to another without consent of that person, except for the case specified in Article 30 of this Law.
 
6. Falsely reporting HIV infection of a person not infected with HIV.
 
7. Forcing HIV testing, except for the cases specified in Article 28 of this Law.
 
8. Conducting transfusion of HIV-contaminated blood or blood products, transplantation of HIV-contaminated tissues or body parts into another person.
 
9. Refusing to provide medical examination or treatment to a patient for knowing or suspecting that such person is infected with HIV.
 
10. Refusing  to bury or cremate  the corpses of dead persons for HIV/AIDS- related reasons.
 
11. Taking advantage  of HIV/AIDS  prevention  and control activities to make personal profits or to commit illegal acts.
 
12. Other acts prohibited by the law.

Chapter II

SOCIAL MEASURES IN HIV/AIDS PREVENTION AND CONTROL
 
Section  1. INFORMATION,  EDUCATION  AND  COMMUNICATION  ON HIV/AIDS PREVENTION AND CONTROL
 
Article 9.- Purposes and requirements of information, education and communication on HIV/AIDS prevention and control
 
1.   Information, education and communication  on HIV/AIDS prevention and control shall aim at raising awareness, changing attitude and behavior, and fighting stigmatization and discrimination against HIV-infected people.
 
2. The provision of information, education and communication on HIV/AIDS prevention and control shall meet the following requirements:
 
a/  Being accurate, clear, simple and practical;
 
b/ Being relevant to the targeted audiences, their education level, age, gender and traditions, culture, ethnic identity, religion, social morals, beliefs and customs;
 
c/  Being  non-discriminatory,   not  affecting  gender  equality  and  not  using negative information on or images of HIV-infected people.
 
Article   10.-   Contents   of  information,   education   and  communication   on HIV/AIDS prevention and control
 
1.  Causes of HIV infection, routes of HIV transmission, measures to prevent HIV transmission and measures to care for and treat HIV-infected people.
 
2.    Impacts  of  HIV/AIDS  on  human  health  and  life  and  national  socio- economic development.
 
3.  Rights and obligations of individuals, families and HIV-infected people in HIV/AIDS prevention and control.
 
4. Testing,  care, support and treatment  methods  and services  designated  for HIV-infected people.
 
5. Responsibilities of agencies, organizations, people’s armed force units and communities in HIV/AIDS prevention and control.
 
6. Harm reduction intervention measures to prevent HIV transmission.
 
7. Fighting of stigmatization and discrimination against HIV-infected people.
 
8. The Party’s line and guidelines, the State’s policy and laws on HIV/AIDS prevention and control.
 
Article 11.- Targeted audiences of information, education and communication on HIV/AIDS prevention and control
 
1.  Everyone shall have the right to have access to information, education and communication on HIV/AIDS prevention and control.
 
2.  The  following  audiences  will  be  given  priority  access  to  information, education and communication on HIV/AIDS prevention and control:
 
a/ HIV-infected people and their family members;
 
b/ Drug users, sex workers;
 
c/  People who have sexually transmitted diseases;
 
d/ Homosexual people;
 
e/ Mobile population group;
 
f/  Pregnant women;
 
g/ People living in remote, deep-lying areas or areas with particularly difficult socio-economic conditions.
 
Article 12.- Responsibility  for information, education and communication  on HIV/AIDS prevention and control
 
1. Agencies, organizations and units shall, within the scope of their respective tasks and powers, be responsible for informing, educating and communicating knowledge of HIV/AIDS prevention and control.
 
2. The Ministry of Health shall assume the prime responsibility for, and coordinate with other concerned agencies in, providing accurate and scientific information on HIV/AIDS.
 
3. The Ministry of Culture and Information shall be responsible for directing the mass media to regularly disseminate information and conduct communication on HIV/AIDS prevention and control, and integrate HIV/AIDS prevention and control programs into other information and communication programs.
 
4.   The   Ministry   of   Education   and   Training   shall   assume   the   prime responsibility for, and coordinate with the Ministry of Health, the Ministry of Labor, War Invalids and Social Affairs and concerned ministries and branches in, developing curricula  and teaching  contents  on HIV/AIDS  prevention  and control;  to combine HIV/AIDS  prevention  and  control  education  with  sex  and  reproductive   health
 
education; and direct education establishments within the national education system to provide education on HIV/AIDS prevention and control.
 
5. The Ministry  of Labor, War Invalids  and Social Affairs,  the Ministry  of Public Security and the Ministry of Defense shall, within the scope of their respective tasks and powers, assume the prime responsibility for, and coordinate with other concerned ministries and branches in, directing information, education and communication on HIV/AIDS prevention and control in medical treatment establishments, educational establishments, reformatories, social relief establishments, prisons and detention houses.
 
6. People's Committee at all levels shall be responsible for organizing information, education and communication on HIV/AIDS prevention and control for their local people.
 
7. The mass media shall have to give priority to the time and length of radio and television programs and the content, length and position of news and articles in printed, visual and electronic press on information, education and communication on HIV/AIDS control and prevention according to regulations of the Ministry of Culture and Information. Such information, education and communication on HIV/AIDS prevention and control shall be conducted free-of-charge, except when it is arranged under contracts signed with the national target program on HIV/AIDS prevention and control   or   with   financial   supports   of   domestic   or   foreign   organizations   and individuals.
 
Section 2. MOBILIZATION OF FAMILIES, ORGANIZATIONS AND INDIVIDUALS   IN HIV/AIDS PREVENTION AND CONTROL
 
Article 13.- HIV/AIDS prevention and control in the family
 
1. Families shall be responsible for conducting communication and education on HIV/AIDS prevention and control and proactively taking measures to prevent HIV transmission.
 
2.  Voluntary  HIV  testing  shall  be  encouraged  for  couples  before  getting married or having a baby and for pregnant women.
 
3.  Families of HIV-infected people shall be responsible for rearing, caring and providing  moral  support  to  HIV-infected  people  so  as  to  help  them  live  in  the integration  with  their families,  community  and society;  and for collaborating  with agencies, organizations and communities in HIV/AIDS prevention and control.
 
Article 14.- HIV/AIDS prevention and control in the workplace
 
1.  The employer shall be responsible for:
 
a/ Organizing propaganda and education on HIV/AIDS prevention and control measures and anti-stigmatization and anti-discrimination against HIV-infected people in the agency, organization or people’s armed force unit;
 
b/ Arranging jobs suitable to the health and professional qualification of HIV- infected laborers;
 
c/ Facilitating  employees'  participation  in HIV/AIDS  prevention  and control activities;
 
d/ Other responsibilities related to HIV/AIDS prevention and control according to the provisions of law.
 
2.  The employer shall not be allowed to:
 
a/  Terminate the labor or job contract of an employee or cause difficulties to this person in his/her work on the ground that such person is infected with HIV;
 
b/  Force a physically fit employee to change the job he/she has been doing on the ground that such person is infected with HIV;
 
c/ Refuse to give a salary raise to or to promote an employee, or fail to ensure his/her legitimate rights or benefits on the ground that such person is infected with HIV;
 
d/ Request a job applicant to have an HIV test or produce an HIV test result, or refuse to recruit a person on the ground that such person is infected with HIV, except for the case specified in Clause 3, Article 28 of this Law.
 
Article  15.-  HIV/AIDS  prevention  and  control  in  education  establishments within the national education system
 
1. Education establishments shall be responsible for organizing education for students and learners on HIV/AIDS prevention and control integrated with sex and reproductive  health education,  and for conducting  other HIV/AIDS  prevention  and control activities at their establishments.
 
2.  Education establishments shall not be allowed to:
 
a/   Refuse  to admit a student  or learner  on the ground  that such person  is infected with HIV;
 
b/  Discipline  or  expel  a  student/learner  on  the  ground  that  such  person  is infected with HIV;
 
c/ Separate, limit or forbid a student or learner from participating in the establishment’s activities or services on the ground that such person is infected with HIV;
 
d/ Request a student, leaner or a candidate to have HIV tested or produce an HIV test result.
 
Article  16.-  HIV/AIDS  prevention  and  control  among  mobile  population groups

1. People's Committees of communes, wards or townships shall be responsible for  organizing  propaganda  about  HIV/AIDS  prevention  and  control  among  new residents coming from other areas.
 
2.  Owners and managers of accommodation service business establishments, parking lots, bus and coach stations, ports and other tourist and cultural, social service establishments shall be responsible for collaborating with local agencies in charge of HIV/AIDS   prevention   and   control   to   conduct   propaganda   about   HIV/AIDS prevention and control and to implement appropriate harm reduction intervention measures to prevent HIV/AIDS transmission for their service users.
 
3. Heads of medical quarantine offices at border gates shall be responsible for organizing propaganda about HIV/AIDS prevention and control for people on entry, exit or in transit.
 
4. Agencies and organizations engaged in sending Vietnamese people to work or  study  abroad  shall  be  responsible  for  regularly  organizing  propaganda  and education on HIV/AIDS prevention and control for every laborer and trainee.
 
Article 17.- HIV/AIDS prevention and control in communities
 
1.  People's Committees of communes, wards or townships shall be responsible for: 
a/  Organizing HIV/AIDS prevention and control activities in the communities, education on care and support for HIV-infected people, developing good traditions of the family, the clan, the home village and the cultural identity of Vietnamese people;
 
b/   Organizing care and support for HIV-infected people and their family members,  facilitating  HIV-infected  people  to  integrate  into  the  community  and society;
 
c/  Promoting the role of heads of street population groups, heads of residential clusters,  village  patriarchs,  heads  of  villages  or  hamlets,  heads  of  Front  working boards, heads of clans, religious dignitaries, elderly people and prestigious people in the community  in the mobilization  of the population  in HIV/AIDS  prevention  and control.
 
d/  Formulating and developing models of cultured family and street population groups, residential clusters, hamlets and villages in connection with HIV/AIDS prevention and control.
 
e/ Organizing propaganda about anti-stigmatization and anti-discrimination against HIV-infected people.
 
2.  Street population groups, residential clusters, hamlets and villages shall be responsible for:
 
a/   Conducting propaganda about, mobilization and education for families in the area   to participate in and implement regulations on HIV/AIDS prevention and control;
 
b/   Integrating   HIV/AIDS   prevention   and   control   activities   into   public campaigns, sports, cultural and art events in the community and other social activities;
 
c/ Fighting stigmatization and discrimination against HIV-infected people and their family members.
 
3.  The  State  encourages  relatives,  neighbors  and  friends  of  HIV-infected people to provide moral support for, take care of, assist and facilitate HIV-infected people to integrate into the community and society.
 
Article 18.- HIV/AIDS prevention and control in educational establishments, reformatories, medical treatment establishments, social relief establishments, prisons and detention camps
 
1. Managers  of educational  establishments,  reformatories,  medical  treatment establishments  and  social  relief  establishments  and  superintendents  at prisons  and detention camps shall be responsible for organizing propaganda about HIV/AIDS prevention  and  control,  management,  care  for,  counseling  and  treatment  of  HIV- infected people at their establishments.
 
2. The Prime Minister shall stipulate the management, care for, counseling and treatment of HIV-infected people and the prevention of HIV transmission at the establishments mentioned in Clause 1 of this Article.
 
Article 19.- Participation of social organizations in HIV/AIDS prevention and control
 
The State shall facilitate religious, non-governmental  and other organizations to establish humanitarian and charity establishments to care for and treat HIV-infected people and carry out other HIV/AIDS prevention and control activities.
 
Article 20.- Participation of HIV-infected people in HIV/AIDS prevention and control
 
1. HIV-infected people shall be entitled to participate in HIV/AIDS prevention and control activities.
 
2. The State encourages and facilitates HIV-infected people to participate in:
 
a/ Peer education groups, clubs and other forms of activities organized by HIV- infected people in accordance with the provisions of law;
 
b/ Propaganda activities and harm reduction intervention measures to prevent HIV/AIDS transmission;
 
c/ Activities of supporting and caring for HIV-infected people;
 
d/ Contributing ideas for the formulation of programs, policies and laws concerning HIV/AIDS;
 
e/  Other HIV/AIDS prevention and control activities.
 
Section  3.  OTHER  SOCIAL  MEASURES  IN  HIV/AIDS  PREVENTION AND CONTROL
 
Article 21.- Harm reduction intervention measures to prevent HIV transmission
 
1.   Harm reduction intervention measures to prevent HIV/AIDS transmission shall be implemented among target groups with risky behaviors through programs and projects suitable to socio-economic conditions.
 
2. The Government  shall provide  for the organization  of implementation  of harm reduction intervention measures to prevent HIV transmission.
 
Article 22.- Counseling on HIV/AIDS prevention and control
 
1.  Everyone shall have the right to access HIV/AIDS prevention and control counseling services.
 
2.   Medical establishments  shall be responsible  for providing  counseling  on HIV/AIDS prevention and control in accordance with regulations of the Minister of Health.
 
3. The State  encourages  organizations  and individuals  to set up HIV/AIDS
prevention and control counseling organizations.
 
The   Minister   of   Health   shall   issue   regulations   on   conditions   for   the establishment of HIV/AIDS prevention and control organizations and the contents of their operation.
 
4. Pre- and post-test counseling on HIV/AIDS prevention and control shall be provided in accordance with the provisions of Article 26 of this Law.
 
Article  23.-  Integration  of HIV/AIDS  prevention  and  control  activities  into socio-economic development programs
 
1.  HIV/AIDS prevention and control shall be one of the prioritized objectives of socio-economic development programs.
 
2.  The Government shall direct ministries, branches and local administrations to integrate HIV/AIDS prevention and control activities into hunger eradication and poverty   alleviation   programs,   vocational   training   and   employment   generation programs,   tuberculosis prevention   and   control,   reproductive    heath,   sexually transmitted infections prevention and control, and other socio-economic development programs.
 
Chapter III
 
MEDICAL  TECHNICAL  MEASURES  IN HIV/AIDS  PREVENTION  AND CONTROL
 
Section 1. HIV/AIDS EPIDEMIOLOGICAL SURVEILLANCE
 
Article 24.- HIV/AIDS epidemiological surveillance
 
1.   HIV/AIDS epidemiological surveillance includes HIV testing and HIV sentinel  surveillance,   aiming  to  identify  HIV  prevalence   rates  and  HIV/AIDS infection distribution in population groups, to monitor temporal trends of HIV prevalence,  to  identify  groups  at  high  risk  of HIV  infection  in  order  to  identify changes in forms of HIV transmission and predict the HIV infection situation.
 
2.   The Minister of Health shall issue detailed regulations on procedures and methods of HIV/AIDS epidemiological surveillance.
 
Article 25.- HIV/AIDS sentinel surveillance
 
1. When conducting HIV/AIDS sentinel surveillance, competent medical establishments may conduct HIV tests of target groups according to regulations of the Minister of Health.
 
2. In HIV/AIDS sentinel surveillance, HIV tests must be conducted by anonymous HIV-testing method.
 
3. HIV-testing staff and establishments shall be responsible for keeping confidential  test results  and only  using  test results  for HIV/AIDS  epidemiological surveillance and scientific research purposes.
 
Section 2. HIV COUNSELING AND TESTING
 
Article 26.- Pre-test and post-test HIV counseling
 
1. Counseling  shall be provided to all cases of HIV testing before and after testing.
 
3. HIV-testing establishments shall be responsible for organizing pre-test and post-test counseling.
 
3. Only staffs who have been trained in counseling on HIV/AIDS prevention and control shall be allowed to provide pre-test and post-test counseling.
 
Article 27.- Voluntary HIV testing
 
1.  HIV testing shall only be conducted on the basis of voluntariness of persons to be tested.
 
2.  Persons who voluntarily seek HIV testing must be full 16 years or older and have full civil act capacity.
 
3.  HIV testing of persons less than 16 years old or persons who have lost their civil act capacity  may only be conducted  when there is written consent of his/her parent or guardian.
 
Article 28.- Compulsory HIV testing
 
1. Compulsory  HIV  testing  shall  be conducted  in the case  that there  is an official request for judicial appraisal or a decision of an investigative body, a people's procuracy or a people's court.
 
2. The Minister of Health shall issue regulations on compulsory HIV testing in certain necessary cases for diagnosis and treatment purposes.
 
3. The Government shall issue a list of occupations and professions requiring HIV testing before recruitment.
 
4. Cost of HIV test in the cases mentioned in Clause 1 of this Article shall be covered with the state budget.
 
Article   29.-   HIV-testing   establishments   meeting   all   the   conditions   for confirming HIV positive cases
 
1.  Only  HIV-testing  establishments   which  have  been  recognized  by  the Ministry of Health to be eligible for confirming HIV positive cases shall have competence to confirm HIV positive cases and take responsibility before law for the test results.
 
2. The Minister of Health shall issue detailed regulations on conditions, procedures  and order for recognizing  HIV-testing  establishments  to be eligible for confirming HIV positive cases.
 
Article 30.- Notification of HIV positive testing results
 
1. Positive HIV test results shall only be informed to the following persons:
 
a/  Tested persons;
 
b/ Spouses of tested persons, parents or guardians of tested persons who are minor or have lost their civil act capacity;
 
c/  Staffs  who  are  assigned  to  directly  provide  counseling  and  inform  HIV positive test results to tested persons;
 
d/  Persons  who  are  responsible  for  providing  care  and  treatment  for  HIV- infected people at medical establishments, including heads of medical departments or wards or chief convalescence workers at the establishments where the HIV-infected people are being treated, health workers in medical establishments who are assigned to directly provide treatment and care for HIV-infected people;
 
e/ Directors, medical officers and staff who are assigned to directly take care of HIV- infected people kept in medical treatment establishments,    educational establishments, reformatories, social relief establishments, prisons or detention camps;
 
f/ Heads and authorized persons of agencies defined Clause 1, Article 28 of this Law.

2. Persons specified in Clause 1 of this Article shall be responsible for keeping confidential HIV positive test results, except for the case specified at Point a, Clause 1 of this Article.
 
3. The Minister of Health shall issue detailed regulations on the responsibility and procedures for informing HIV positive test results.
 
Section 3. OTHER MEDICAL TECHNICAL MEASURES IN HIV/AIDS PREVENTION AND CONTROL
 
Article 31.- Safe blood transfusion
 
1.  All blood bags and blood products must be tested for HIV before use, even in emergency cases.
 
2.  HIV screening must be conducted using registered diagnostic bio-products permitted by the Minister of Health for circulation.
 
3.   The Minister of Health shall issue detailed regulations on HIV/AIDS screening,  filing  of  test  results,  and  storage  and  disposal  of  HIV-infected  blood samples, blood bags, blood products and pathological materials.
 
Article 32.- Prevention and control of HIV transmission in medical establishments
 
1.  Medical establishments shall be responsible for complying with the Health Ministry’s   regulations   on   disinfection,   sterilization   and   waste   disposal   when performing operations, surgical procedures, injection and acupuncture so as to prevent HIV transmission.
 
2. The Minister of Health shall issue detailed regulations on regimes of disinfection, sterilization and waste disposal related to HIV/AIDS.
 
Article 33.- Prevention and control of HIV transmission in social service establishments
 
Social   service   establishments   that   use   percutaneous   (skin   and   mucous membrane)  injection  devices  and  other  devices  with  risks  of  causing  bleeding  in service users shall be responsible for complying with the Health Minister’s regulations on disinfection and sterilization.
 
Article 34.- Prevention and control of sexually transmitted diseases
 
1. HIV/AIDS prevention and control shall be conducted in combination with prevention and control of sexually transmitted diseases.
 
2. The Minister  of Health  shall  issue detailed  regulations  on monitoring  of sexually  transmitted  diseases  and the responsibilities  of medical establishments  for collaboration in controlling HIV transmission through sexual routes.
 
Article 35.- Prevention and control of mother-to-child HIV transmission
 
1. Pregnant  women who voluntarily  have HIV tested shall be provided free HIV test.
 
2.  HIV-infected  women  shall  be  facilitated  to  have  access  to  measures  to prevent mother-to-child HIV transmission.
 
3. HIV-infected  women who are pregnant or breastfeeding  shall be provided with counseling on HIV/AIDS prevention and control.
 
4. Medical establishments shall be responsible for conducting supervision and providing treatment for HIV-infected pregnant women and taking measures to reduce mother-to-child HIV transmission.
 
5. The Minister of Health shall issue detailed regulations on the care for and treatment of HIV-infected women during pregnancy and delivery, and on measures to reduce mother-to-child HIV transmission.
 
Article 36.- Post-exposure prevention
 
1. HIV-exposed  persons shall be provided with counseling  and prophylactic treatment guidance to prevent HIV infection.
 
2. Those who have been exposed to HIV due to occupational accidents shall be provided   with   counseling   and   prophylactic   treatment   in   accordance   with   the provisions of Article 46 of this Law.
 
Article  37.  -  Research,  trial  and  production  of  HIV/AIDS  vaccines,  bio- products and medicines
 
1.  The  State  encourages  and  facilitates  researches,  trials  and  production  of HIV/AIDS vaccines, bio-products and medicines.
 
2. People who voluntarily participate in trials of HIV/AIDS vaccines, bio- products or medicines shall have their legitimate rights and benefits ensured according to the provisions of law.
 
Chapter IV
 
TREATMENT OF, CARE AND SUPPORT FOR HIV-INFECTED PEOPLE
 
Article 38.- Responsibilities in providing treatment for HIV-infected people
 
1.   Medical   establishments   shall   be   responsible   for   providing   medical examination and treatment for HIV-infected people; in case of treatment with ARVs, they must satisfy all the conditions set by the Ministry of Health.
 
2. Medical practitioners and health workers shall be responsible for providing treatment for HIV-infected people and make them understand HIV/AIDS so that they can take care of their own health and prevent transmission of HIV to other persons.
 
3. HIV-infected people who have opportunistic infections or other HIV/AIDS- related illnesses shall receive treatment at the medical department specializing in the type of their infections or illnesses or at a separate department, and shall be treated equally as other patients.
 
4. The Minister of Health shall issue guidelines for treatment using ARVs.
 
Article 39.- Access to ARVs
 
1.  HIV-infected people shall be facilitated by the State to have access to ARVs through programs and projects suitable to socio-economic conditions.
 
2.  People who have been exposed to or infected with HIV due to occupational accidents, people who have been infected with HIV due to risks of medical technique, HIV-infected pregnant women and HIV-infected under-six children shall be provided ARVs free-of-charge by the State.
 
3. ARVs  paid  with  the state  budget  or sponsored  by domestic  and  foreign organizations and individuals shall be provided free-of-charge to HIV-infected people at HIV/AIDS treatment establishments in the following priority order:
 
a/ HIV-infected children of between full 6 years and under 16 years old;
 
b/ HIV-infected people who actively participate in HIV/AIDS prevention and control;
 
c/ HIV-infected people meeting with particularly difficult circumstances;
 
d/ Other HIV-infected people.
 
4. The Government shall issue detailed regulations on the management, distribution and use of ARVs.
 
5. The Prime Minister shall provide for the application of necessary measures to respond to requirements for ARVs in emergency cases.
 
Article 40.- Medical insurance for HIV-infected people
 
1. Medical insurance participants who get infected with HIV shall have their medical examination and treatment expenses covered by the medical insurance fund.
 
2. The Minister of Health shall issue the list of ARVs to be paid by the medical insurance fund.
 
Article 41. - Care for HIV-infected people
 
1. HIV-infected  people shall be taken care of in their families and state-run medical establishments.
 
2. Abandoned  HIV-infected  children  and HIV-infected  people who have no source of reliance or have lost their working capacity shall be taken care of and reared at state-run social relief establishments.
 
3. Religious, non-governmental and other organizations may establish establishments to take care of HIV-infected people.
 
4. The People's Committees  at all levels shall be responsible  for mobilizing communities  to  participate  in  organizing  community-based  care  for  HIV-infected people.
 
5. The Government  shall stipulate  regimes  for care of HIV-infected  people mentioned in Clauses 2 and 3 of this Article.
 
Article 42.- Application of criminal law and criminal procedure law to or administrative handling of full-blown AIDS patients
 
1. If a person who is being investigated,  prosecuted  or tried has full-blown AIDS,  he/she  shall  be  granted  suspension  of  investigation  or  suspension  of  the criminal case according to the provisions of law on criminal procedures.
 
2. If a person who has been sentenced by a court has full-blown AIDS, he/she shall be granted remission  of the serving of the penalty, reduction  of the penalty- serving  term  or  postponement  or  suspension  of  the  serving  of  the  imprisonment sentence according to the provisions of law on criminal offenses, criminal procedures and serving of imprisonment sentences.
 
3.  If a person who is subject to a decision on the application of the measure of confinement to a medical treatment establishment, an educational establishment or a reformatory has full-blown AIDS, he/she shall be granted postponement or remission of  the  serving  of  such  decision  or  postponement,  suspension  or  remission  of  the serving  of the remaining  term  according  to the provisions  of law on handling  of administrative violations.
 
4. The Ministry of Health shall assume the prime responsibility for, and coordinate with the Ministry of Public Security, the Ministry of Justice, the Supreme People's Procuracy and the Supreme People's Court in, issuing detailed regulations on recognition of full-blown AIDS patients according to the provisions of Clauses 1, 2 and 3 of this Article.
 
Chapter V
 
CONDITIONS FOR GUARANTEEING THE IMPLEMENTATION OF HIV/AIDS PREVENTION AND CONTROL MEASURES
 
Article 43.- Resources for HIV/AIDS prevention and control
 
1.  Annually,  the  State  shall  allocate  an  appropriate  budget  for  HIV/AIDS prevention and control.
 
2. The State encourages domestic and foreign organizations and individuals to provide financial and technical supports for HIV/AIDS prevention and control.
 
Article 44.- The fund for support, treatment and care for HIV-infected people
 
1. The fund for support, treatment and care for HIV-infected people shall be set up and operate in accordance with the provisions of law to provide support, treatment and care for HIV-infected people.
 
2.  The fund’s financial sources shall be raised from contributions and financial donations from domestic and foreign agencies, organizations and individuals.
 
Article 45.- Regimes and policies for people directly involved in HIV testing, management, care and treatment of HIV-infected people
 
People  who  are  directly  involved  in  HIV  testing,  management,  care  and treatment of HIV-tested people at state-run social relief establishments  and medical establishments, reformatories, educational establishments, medical treatment establishments,  prisons  and  detention  houses  shall  be  given  priority  in  getting necessary   equipment   and   tools   to   prevent   HIV   infection,   enjoy   occupational allowances and other preferences according to regulations of the Prime Minister.
 
Article 46.- Regimes for people exposed to or infected with HIV due to occupational accidents
 
1.  People who have been exposed to or infected with HIV due to occupational accidents shall enjoy regimes as provided for by law.
 
2. People who have been infected with HIV due to occupational accidents shall receive free examination and treatment of opportunistic infections and free ARVs.
 
3. The Prime Minister shall provide for conditions for identifying people who are exposed to or infected with HIV/AIDS due to occupational accidents.
 
Article   47.-   Training   and   retraining   of   people   engaged   in   HIV/AIDS prevention and control
 
1. Medical practitioners and health workers who directly provide counseling, conduct HIV tests or provide care and treatment  for HIV-infected  people must be provided with professional training and retraining.
 
2. Collaborators,  volunteers,  teachers,  HIV-infected  people  and their  family members participating  in HIV/AIDS prevention and control must be provided with training to improve their capabilities.
 
3. The Ministry of Health shall assume the prime responsibility for, and coordinate with the Ministry of Education and Training and other concerned agencies, organizations and units in, organizing training and retraining for people mentioned in Clause 1 of this Article.
 
Article 48.- International cooperation in HIV/AIDS prevention and control
 
1. The State shall expand cooperation with other nations and international organizations in the prevention and control of HIV/AIDS on the basis of respect for independence, sovereignty, territorial integrity and mutual benefit.
 
2. Vietnamese individuals and organizations are encouraged to cooperate with international  organizations  and foreign organizations  and individuals  in HIV/AIDS prevention and control.
 
3. The Prime Minister shall provide for the coordination  between ministries, branches  and  local  administrations  and  equivalent  agencies  of  countries  sharing borders with Vietnam in the prevention and control of cross-border HIV/AIDS transmission.
 
Chapter VI
 
IMPLEMENTATION PROVISIONS
 
Article 49.- Implementation effect
 
This Law shall take effect on January 1, 2007.
 
The 1995 Ordinance on HIV/AIDS Prevention and Control shall cease to be effective on the effective date of this Law.
 
Article 50.- Implementation guidance
 
The Government shall detail and guide the implementation of this Law.
This Law was passed on June 29, 2006, by the XIth  National Assembly of the Socialist Republic of Vietnam, the 9th session.
 
Chairman of the National Assembly
NGUYEN PHU TRONG