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THE GOVERNMENT
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SOCIALIST REPUBLIC
OF VIET NAM
Independence -
Freedom - Happiness
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No.
34-CP
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Hanoi ,June
01, 1996
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DECREE
GUIDING THE IMPLEMENTATION OF THE ORDINANCE
ON THE PREVENTION AND CONTROL OF HIV-AIDS INFECTION
THE GOVERNMENT
Pursuant to the Law on Organization of the
Government of September 30, 1992;
Pursuant to the Ordinance of May 31st, 1995 on the prevention and control of
HIV-AIDS infection;
At the proposals of the Minister of Health and the Minister-Chairman of the
National AIDS Committee
DECREES:
Article 1.-
1. To enhance information, education and
communication in order to raise the knowledge and capability necessary for the
entire people to prevent and control HIV-AIDS infection for themselves and for
the community. The contents of information, education and communication on the
prevention and control of HIV-AIDS infection includes:
- The knowledge on HIV-AIDS, the provisions of
law on the prevention and control of HIV-AIDS infection;
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- Building a healthy lifestyle and the sense of
responsibility of preventing and controlling HIV-AIDS infection among
individuals, families and the community;
- Measures to reduce the risk of HIV-AIDS
spread;
- The community�s responsibility towards the HIV-AIDS infected
persons; and their responsibility towards the community.
2. The newspapers, radio and television shall
have to frequently organize information, education and communication on the
prevention and control of HIV-AIDS infection through their own channels.
The State agencies, social organizations,
economic organizations and units of the People�s Armed Forces shall have to organize information,
education and communication on the prevention and control of HIV-AIDS infection
among their officials, employees and armymen.
Article 2.- The contents of the anti-HIV-AIDS education
designed for the students in schools, universities, colleges, intermediate
vocational schools and job-training schools include:
- The basic knowledge about HIV-AIDS infection
and the scientific basis of the preventive and controlling measures.
- The impact of the HIV-AIDS epidemic on the
economy, society, health and race.
- The situation of HIV-AIDS infection in Vietnam and the programs against HIV-AIDS
infection in Vietnam
and in the world.
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- The responsibility of all citizens in the
prevention and control of HIV-AIDS infection.
The Ministry of Education and Training shall
provide concrete guidance on the contents suitable to the students of different
educational levels.
Article 3.- The HIV-AIDS infected persons must not do any
act to spread the disease to other persons and must take necessary measures to
prevent the disease from spreading to their families and community in
accordance with the regulations and guidance of the medical agency, must not
donate their blood, semen, tissues, organs or parts of their body to others.
The HIV-AIDS infected persons are not allowed to
directly engage in HIV-AIDS transmissible jobs listed in the inter-ministerial
Circular of the Ministry of Labor, War Invalids and Social Affairs and the
Ministry of Health.
Article 4.- A person who finds himself/herself infected by
HIV-AIDS after a test must inform immediately his/her spouse thereof and take
measures to prevent the spread of the disease; if not, the medical
establishment shall do it.
Article 5.-
1. The directors of hospitals or heads of
medical agencies of the district and higher level are entitled to inform the
HIV-AIDS infected persons, their spouses or their next of kin and the agency,
organization or people responsible for taking care of their health of the
results of the tests.
2. The agencies, organizations or individuals
who are informed of the results of the tests on the HIV-AIDS infected persons
shall have to keep such information secret.
3. The mass media must not carry news revealing
the name, age, address and picture of the HIV-AIDS infected person unless it is
so agreed by such person; if the HIV-AIDS infected person dies, such
information must have the agreement of his/her parent, spouse or guardian.
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1. To encourage the HIV-AIDS infected persons to
visit the HIV-AIDS counseling centers.
2. Not to have discriminatory or isolative
attitudes towards the HIV-AIDS infected persons.
3. To create conditions for the HIV-AIDS
infected persons to have access to mental, material and medical care in their
families and community.
4. To urge the HIV-AIDS infected persons, their
families and community to take measures to prevent the spread of HIV-AIDS.
5. To help the HIV-AIDS infected persons to have
suitable jobs.
Article 7.- The HIV-AIDS infected persons, when suffering
from opportunistic infectious diseases due to the immune deficiency of their
body, are entitled to treatment in State medical establishments. Such
establishments shall have to receive these patients, and are not allowed to
refuse or treat any of these cases in a discriminatory manner.
Article 8.-
1. The heads of the medical agencies of the
district and higher level are entitled to request those people likely to get
HIV-AIDS to have a test to detect HIV-AIDS infection in accordance with Item 2,
Article 16 of the Ordinance on the Prevention and Control of HIV-AIDS
infection.
2. The employers must organize regular health
checks for their personnel. During these checks, the head of the medical
establishment may order, at the suggestion of the doctor directly administering
the check, the mandatory tests on the persons susceptible of HIV-AIDS
inflection.
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1. Provide counseling for the HIV-AIDS infected
persons on the prevention and control of HIV-AIDS infection.
2. Abide by the regulations on sterilization in
the health clinics, in medical examination and treatment, especially on
sterilization of medical instruments.
3. Test or send for testing to detect HIV-AIDS
infection the persons who want to donate their blood, semen, tissues, organs or
parts of their body.
4. Report any detected case of HIV-AIDS
infection to the medical agency of higher level.
5. Guide the autopsy and burial of the dead
HIV-AIDS patients as required in other infectious diseases.
Article 10.-
1. HIV-AIDS infected persons are entitled to
occupational risk insurance if they get the disease when directly testing, examining,
treating and attending to HIV-AIDS patients at the State medical establishments
and the clinics set up in accordance with Article 24 of the Ordinance on the
Handling of Administrative Violations.
2. The State shall buy occupational risk
insurance for the beneficiaries stated in Item 1 of this Article who are
working at the State medical establishments and the clinics set up in
accordance with Article 24 of the Ordinance on the Handling of Administrative
Violations.
3. The Ministry of Finance shall coordinate with
the Ministry of Health in stipulating the level of occupational risk insurance
and the interests of the beneficiaries.
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Article 11.- Upon entry into Vietnam the HIV-AIDS infected
persons must declare in the medical quarantine form at the first border gate.
The Ministry of Health shall provide for the form of medical quarantine.
Article 12.- The National AIDS Committee shall have to:
1. Work out the strategy, policy and plan for
AIDS prevention and control.
2. Guide, direct, and oversee the implementation
of the HIV-AIDS prevention and control work throughout the country.
3. Coordinate with the Ministry of Health, the
Ministry of Planning and Investment and the Ministry of Finance in drawing up
annual estimates of expenditures for HIV-AIDS prevention and control, submit
them to the Government for approval and allocate the approved funding to the
Ministries, branches, social organizations and localities proportionally to
their assigned tasks.
4. Coordinate with the Ministry of Health, and
the concerned Ministries, branches and social organizations in organizing the
counseling network for the prevention and control of HIV-AIDS infection.
5. Acting as intermediary in international
cooperation, coordinate and manage bilateral and multilateral cooperation on
national, branch and local scales in the prevention and control of HIV-AIDS
infection.
Article 13.- The Ministry of Health shall have to:
1. Work out and submit to the Government for
issue or issue in accordance with the Ministry�s jurisdiction the legal documents on the
prevention and control of HIV-AIDS infection.
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3. Organize tests and create favorable
conditions for Vietnamese and foreigners in Vietnam to voluntarily have tests
to detect HIV-AIDS infection. Provide counseling on the prevention and control
of HIV-AIDS infection for the persons who come for tests.
4. Coordinate with the concerned Ministries and
branches in organizing scientific research and application of the world�s scientific and
technical advances to the prevention and control of HIV-AIDS infection.
6. Coordinate with the National AIDS Committee
and the concerned Ministries and branches in inspecting and supervising the
implementation of the provisions of law on the prevention and control of
HIV-AIDS infection.
Article 14.- The Ministry of Culture and Information shall
have to:
1. Mobilize and direct the mass media, the
cultural, arts composition and performance units in carrying out education and
information activities against HIV-AIDS infection.
2. Coordinate with the National AIDS Committee
and the Ministry of Health in guiding the contents of the information,
education and communication on the prevention and control of HIV-AIDS
infection.
Article 15.- The Ministry of Education and Training shall
organize the education on the prevention and control of HIV-AIDS infection in
schools and preside over and coordinate with the National AIDS Committee in
formulating the curriculum, teaching methods, teaching and learning aids, and
compiling educational materials on the prevention and control of HIV-AIDS
infection in accordance with the provisions in Article 2 of this Decree.
Article 16.- The Ministry of Labor, War Invalids and Social
Affairs shall have to:
1. Coordinate with the National AIDS Committee
in the activities against the spread of HIV-AIDS through social evils like
prostitution and drug abuse.
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3. Organize the care for and education of the
HIV-AIDS patients in the medical treatment establishments as prescribed in
Article 24 of the Ordinance on the Handling of Administrative Violations.
Article 17.- Every year, the State shall allocate a
reasonable percentage of its budget for the anti-HIV-AIDS program.
The Ministry of Finance shall have to:
1. Provide detailed guidance for the use of this
allocation after consulting the National AIDS Committee and the Ministry of
Health.
2. Coordinate with the Ministry of Planning and
Investment, the National AIDS Committee and the Ministry of Health in
allocating the annual State budget to the Ministries, branches and localities
for preventing and controlling HIV-AIDS infection.
3. Provide the national anti-AIDS program with sufficient
and timely funding according to the budgetary plan already approved by the
Government.
4. Supervise and ensure that such funding be
used for the right purposes of the anti-HIV-AIDS program and in accordance with
the State stipulations.
Article 18.- The People’s Committees at all levels shall have to:
1. Organize the implementation of the provisions
of the Ordinance on the Prevention and Control of HIV-AIDS infection, carry out
information and education among the people in the locality about the prevention
and control of HIV-AIDS infection.
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3. Use the budget allocations only for the
purpose of preventing and controlling HIV-AIDS infection, call for the
community�s
contributions to fund the prevention and control of HIV-AIDS infection.
4. Mobilize and guide the people to take part in
the medical and mental care for the HIV-AIDS patients, ensure that they be not
treated in a discriminatory manner and facilitate their integration into the
community.
Article 19.- This Decree takes effect from the date of its
signing. The earlier provisions contrary to the provisions of this Decree are
now annulled.
Article 20.- The Minister of Health, the Chairman of the
National AIDS Committee, the Ministers, the Heads of the ministerial agencies
and the agencies attached to the Government and the Presidents of the People’s Committees of the
provinces and the cities directly under the Central Government shall have to
implement this Decree.
ON BEHALF OF THE GOVERNMENT
THE PRIME MINISTER
Vo Van Kiet