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THE
MINISTRY OF HEALTH
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
01/2010/TT-BYT
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Hanoi,
January 06, 2010
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CIRCULAR
PROVIDING
RESPONSIBILITIES AND ORDER OF NOTIFICATION OF HIV-POSITIVE TEST RESULTS
THE MINISTRY OF HEALTH
Pursuant to the Government's
Decree No. 188/2007/ND-CP of December 27, 2007, defining the functions, tasks,
powers and organizational structure of the Ministry of Health;
Pursuant to Clause 3, Article 30 of the June 29, 2006 Law on Prevention and
Control of Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome
(HIV/AIDS);
The Minister of Health prescribes responsibilities and order of notification of
HIV-positive test results as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of
regulation and subjects of application
1. This Circular provides
responsibilities and order of notification of HIV-positive test results.
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Article 2. Principles for
notification of HIV-positive test results
1. To notify HIV-positive test
results only when these results are confirmed by laboratories accredited by the
Ministry of Health as eligible for confirming HIV-positive cases under the
Health Minister's Decision No. 3052/2000/QD-BYT of August 29, 2000,
promulgating criteria of laboratories permitted to confirm HIV-positive cases.
2. To notify HIV-positive test
results only to persons defined in Clause 1, Article 30 of the Law on
Prevention and Control of Human Immunodeficiency Virus/Acquired Immune
Deficiency Syndrome (HIV/AIDS).
3. To provide pre- and post-test
counseling to all persons subject to HIV testing under the Minister of Health's
regulations.
Article 3. Counseling and
return of test results
1. When a tested person is under
16 years or has lost his/her civil act capacity or has no or incomplete civil
act capacity, the person responsible for returning HIV-positive test results
shall counsel and then return test results to the father, mother or guardian of
the tested person. Test results may be notified to the tested person only when
such notification is agreed in writing by his/her father, mother or guardian
and the tested person has received counseling.
2. When the tested person is
full 16 years or older, the person responsible for returning HIV-positive test
results shall counsel and then return test results to the tested person.
3. Only those having been
trained in counseling on HIV/AIDS prevention and control may provide counseling
and return HIV-positive test results.
Article 4. Time limit for
notification of HIV-positive test results
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1. The tested person comes to
receive test results ahead of appointment time.
2. The tested person does not
come to receive test results.
Chapter II
RESPONSIBILITIES AND ORDER OF NOTIFICATION OF
HIV-POSITIVE TEST RESULTS
Article 5. Responsibilities
of notification of HIV-positive test results
1. The head of an institution
with a laboratory may confirm HIV-positive cases.
2. A person authorized by the
head of any of the following agencies and organizations:
a/ Institutions with
laboratories permitted to confirm HIV-positive cases under Clause 1, Article 2
of this Circular;
b/ Institutions with counseling
sections for voluntary HIV testing;
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f/ Healthcare establishments
established under the Ordinance on Handling of Administrative Violations;
g/ Investigative agencies,
people's procuracies, people's courts.
3. The head of, or the person
assigned to handle cases under the law on criminal procedures by the head of, an
investigative agency, people's procuracy or people's court.
4. Authorization shall be made
in writing. Letters of authorization of heads of the agencies and organizations
specified in Clauses 2 and 3 of this Article must clearly define the scope,
contents and time limit of notification of HIV-positive test results by
authorized persons.
Persons authorized by heads of
the agencies and organizations specified in Clauses 2 and 3 of this Article
shall take responsibility before authorizing persons and law for their
notification of HIV-positive test results. Authorized persons may not further
authorize others.
Article 6. Order of
notification of HIV-positive test results for cases of testing at health
establishments within the preventive health system
1. After having HIV-positive
test results, heads of testing sections shall forward notices of HIV-positive
test results to heads of counseling sections.
2. After receiving notices of HI
V-positive test results, heads of counseling sections shall directly counsel and
notify test results to tested persons or forward these notices to assigned
persons for counseling and notification of test results to tested persons.
Article 7. Order of
notification of HIV-positive test results for cases of testing at voluntary
counseling and testing establishments
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2. After receiving notices of
HIV-positive test results, heads of counseling sections shall counsel or assign
others to counsel tested persons before notifying them of test results.
Article 8. Order of
notification of HIVpositive test results for cases in which HIV-tested persons
go to healthcare establishments for medical examination
1. After having HIV-positive
test results of a patient, the head of the testing section shall forward the
notice of such results to the doctor giving medical examination to the patient.
2. After receiving such notice,
the responsible doctor shall directly counsel and notify HIV-positive test
results to the tested patient:
a/ When the patient is not
required to be admitted to hospital, the doctor shall return the notice of
HIV-positive test results to the patient;
b/ When the patient has to be
admitted to hospital for treatment, the doctor shall forward the medical record
enclosed with the notice of HIV-positive test results to the chief nurse of the
ward or division where the tested patient will be treated.
The chief nurse of the ward or
division where the tested patient is treated shall report on the patient's HIV
infection to the ward head for notification to the doctor and nurse directly
caring for and treating the patient.
Article 9. Order of
notification of HIV-positive test results for cases in which tested persons are
receiving treatment at healthcare establishments
1. After having HIV-positive
test results of a patient from the testing section, the head of the testing
section shall forward the notice of such results to the chief nurse of the ward
or division where the patient is treated.
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a/ File the notice of
HIV-positive test results in the medical record;
b/ Report such to the ward head
for notification to the doctor and nurse directly caring for and treating the
patient.
3. The doctor directly treating
the patient shall counsel and notify test results to the patient.
When it is impossible to
directly counsel the patient, the doctor shall counsel at the counseling
section and notify test results to the spouse of the tested patient or the
father, mother or guardian of the tested patient being a juvenile or having
lost the civil act capacity or having no or incomplete civil act capacity.
4. When the patient has to move
to another ward, the chief nurse of the ward or division from which the patient
moves shall, when transferring his/her medical record, forward the result
notice to the chief nurse of the ward or division to which the patients moves.
The chief nurse of the ward or
division which receives the patient shall comply with Clause 2 of this Article.
5. When the patient has to move
to another hospital, the healthcare establishment from which the patient moves
shall forward the notice of HIV-positive test results together with his/her
medical record.
The chief nurse of the ward or
division which receives the patient shall report on the patient's HIV infection
to the ward head for notification to the doctor and nurse directly caring for
and treating the patient.
6. When the patient is
discharged from hospital, the notice of HIV-positive test results shall be
filed together with his/her medical record.
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1. After having HIV-positive
test results, the head of an establishment shall forward the notice of such results
to the head of the establishment's health section.
2. The head of the health
section shall:
a/ File the notice of
HIV-positive test results in the medical record of the tested person;
b/ Notify the HIV-positive
status of the tested person to the person directly supervising, caring for or
treating the tested person;
c/ Counsel or send the tested
person to an establishment eligible for counseling on HIV/ AIDS prevention and
control or invite a counselor of such establishment to the establishment for counseling.
3. When the tested person moves
to another establishment, the head of the establishment from which that person
moves shall forward the notice of HIV-positive test results together with
his/her medical record to the establishment to which he/ she moves.
4. When the tested person is
taken care of by an organization or individual, HIV-positive test results may
be notified only to the one directly caring for that person.
5. When the time limit for the
tested person's stay at an establishment expires, the establishment head shall
file the entire medical record of that person at the establishment and
concurrently notify the HIV/AIDS prevention and control agency of the locality
where the HIV-infected person resides for further monitoring and management.
Article 11. Order of
notification of HIV-positive test results for cases of testing upon judicial
examination request or under decisions of investigative agencies, people's
procuracies or people's courts
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2. The person responsible for
handling the case shall:
a/ Preserve the notice of test
results;
b/ Use test results only for the
purpose of handling the case under his/her assignment;
c/ Notify the head of the
prison, detention camp or house which manages the HIV-infected person. This
head shall counsel and notify HIV-positive test results to the HIV-tested
person under Article 10 of this Circular.
Chapter III
PROVISIONS ON FORWARDING, DELIVERY AND RECEIPT OF
NOTICES OF HIV-POSITIVE TEST RESULTS
Article 12. Provisions on
forwarding, delivery and receipt of HIV-positive test results
1. Forwarding of HIV-positive
test results within an establishment: The notice of HIV-positive test results
shall be put in a sealed envelop which specifies the full name and address of the
recipient.
2. Forwarding of HIV-positive
test results from an establishment to another: The notice of HIV-positive test
results shall be put in a sealed envelop which specifies the full name and
address of the recipient and is appended with the seal of the establishment
sending these results, unless HIV-positive test results are sent together with
the medical record of the tested person.
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1. After taking blood samples,
the sampling establishment shall make a list of coded information on tested
persons and send it to a testing establishment eligible for confirming
HIV-positive cases.
2. The eligible testing establishment
shall test blood samples and notify test results according to the list sent by
the sampling establishment.
3. Based on the list made by the
eligible testing establishment, the blood sampling establishment shall make a
separate notice of test results for each tested person. Notification of
HIV-positive test results complies with Chapter II of this Circular.
Chapter IV
ORGANIZATION OF IMPLEMENTATION
Article 14. Responsibilities
of heads of agencies and organizations involved in notification of HIV-positive
test results
1. To circulate this Circular to
all staff members under their management.
2. To assign staff to counsel on
and notify HIV test results.
Article 15. Responsibilities
of provincial-level Health Departments
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Article 16. Responsibilities
of Vietnam Administration of HIV/AIDS Control
To organize, examine and
supervise the implementation of this Circular nationwide.
Chapter V
IMPLEMENTATION PROVISIONS
Article 17. Invocation
provisions
When documents invoked in this
document are replaced or amended, replacing or amended documents shall be
complied with.
Article 18. Effect
This Circular takes effect on
March 1, 2010.
In the course of implementation,
any arising problems should be reported to the Ministry of Health (Vietnam
Administration of HIV/AIDS Control) for consideration and settlement.
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FOR
THE MINISTER OF HEALTH
DEPUTY MINISTER
Trinh Quan Huan