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THE MINISTRY OF LABOR, WAR INVALIDS AND
SOCIAL AFFAIRS
THE MINISTRY OF PUBLIC HEALTH
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
25/1999/TTLT/BLDTBXH-BYT
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Hanoi, October 14, 1999
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JOINT CIRCULAR
TEMPORARILY PRESCRIBING THE LIST OF
OCCUPATIONS AND KINDS OF WORK WHICH HIV/AIDS-INFECTED PEOPLE ARE NOT ALLOWED TO
DO
Pursuant
to Article 22 of the Ordinance on the Prevention and Fight against HIV/AIDS of
May 31st, 1995 and Article 3 of the Government’s Decree No. 34-CP of June 1st,
1996 guiding the implementation of the Ordinance on the Prevention and Fight
against HIV/AIDS. After consulting the AIDS National Committee in Official
Dispatch No. 741/UB of September 29, 1999, the Ministry of Labor, War Invalids
and Social Affairs and the Ministry of Health hereby jointly prescribe the list
of the following occupations and work which HIV/AIDS-infected people are not
allowed to do:
I. LIST
OF OCCUPATIONS AND KINDS OF WORK WHICH HIV/AIDS-INFECTED PEOPLE ARE NOT ALLOWED
TO DO
1. Health services: Surgery; obstetrics;
ophthalmology; stomatology; otorhinolaryngology; test hematology; blood
transfusion; dermatology; open cancer; injection; acupuncture; vivisection;
endoscope, and other health services in direct contact with blood and
biological fluids of patients.
2. Direct production of vaccines; immune
bio-products; diagnostic bio-products, serums for disease prevention and
treatment; and blood preparations.
3. Plastic surgery services, beauty services:
face lift; nose treatment; skin grafting, body tattooing and tattoo removal,
eyelid, lip and eyebrow puncturing and puncture removal; under-skin fat removal
and other services in direct contact with blood and biological fluids.
4. Daily-life services: hairdressing, drying,
curling, shampooing; fingernail and toenail cutting and filing, ear- and
nose-piercing; massage and digital puncture.
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6. Direct provision of room services in hotels;
dancing girls in dancing halls.
7. Taking care of children at crèches,
kindergartens, pre-school centers and service establishments.
II.
ORGANIZATION OF IMPLEMENTATION
1. Responsibilities of employers in enterprises,
agencies and units:
a/ To popularize the contents of this Circular
among laborers;
b/ Within three months after receiving the
official notice of the competent health agency, the employers shall have to
transfer HIV/AIDS-infected laborers who are doing occupations or kinds of work
specified in Part I of this Circular to other appropriate kinds of work;
c/ Not to dismiss or commit any discriminatory
acts against HIV/AIDS-infected laborers;
d/ To ensure the interests in terms of wage,
social insurance and other regimes and policies for the HIV/AIDS-infected as
prescribed by law.
e/ To keep confidential the laborers’ positive
HIV/AIDS test results.
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a/ Immediately report such to their employers
and voluntarily discontinue doing occupations or kinds of work specified in
Part I of this Circular and be ready to do new jobs as assigned by their
employers;
b/ Actively take measures to prevent the
transmission of the disease to other people.
3. Responsibilities of medical establishments:
3.1. Medical stations of production, business
and service establishments:
a/ To join the employers in popularizing,
educating and providing consultancy for laborers about measures to prevent and
avoid HIV/AIDS transmission and infection;
b/ To notify the list of people vulnerable to
HIV/AIDS infection to the employers and HIV/AIDS test establishments;
3.2. Medical establishments of the district and
higher levels.
a/ Directors or person in charge of medical
establishments of the district and higher levels shall have the right to
mandate HIV/AIDS tests in people vulnerable to HIV/AIDS infection at
production, business and service establishments.
b/ To immediately notify the employers of the
HIV/AIDS test results;
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4. The provincial/municipal Labor, War Invalids
and Social Affairs Services and Health Services shall, in coordination with the
local AIDS committees, have to organize, monitor and inspect the implementation
of this Circular at units and enterprises located in localities according to
their respective functions and competence.
5. This Circular takes effect 15 days after its
signing for issuance. If, in the course of implementation, any problems arise,
the ministries, branches and localities are requested to report them to the
Ministry of Labor, War Invalids and Social Affairs (the Department for Labor
Protection) and the Ministry of Health (the AIDS Committee) for study and
settlement.
FOR THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS
VICE-MINISTER
Dam Huu Dac
FOR THE MINISTER OF HEALTH
VICE-MINISTER
Nguyen Van Thuong