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THE STANDING COMMITTEE OF NATIONAL
ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
40-L/CTN
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Hanoi,
May 31, 1995
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ORDINANCE
ON THE PREVENTION AND FIGHT AGAINST HIV-AIDS
INFECTION
HIV-AIDS is a great and dangerous epidemic of the century, a serious
threat to the health and life of human beings and the future of the progeniture
of all nations which is seriously affecting the economic and social situation
of each country;
With a view to preventing and fighting against HIV-AIDS infection, protecting
the health of the people and preserving the Vietnamese race;
Pursuant to Article 91 of the 1992 Constitution of the Socialist Republic of
Vietnam;
Pursuant to the Law on the Protection of the People's Health;
Pursuant to the Resolution of the 6th Session of the 9th National Assembly on
the legislative work for 1995;
This Ordinance provides for the prevention and fight against HIV/AIDS
infection.
Chapter I
GENERAL
PROVISIONS
Article 1.- Preventing and fighting against HIV/AIDS
infection is the responsibility of everyone, every family and the whole
society.
The State shall adopt timely
policies and measures to ensure effective prevention and fight against HIV/AIDS
infection.
Article 2.- In this Ordinance,
the following terms should be understood as follows:
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2. AIDS is the terminal stage of
the process of HIV infection which damages the immunity system and deprives the
body of the capability of resisting disease-causing factors, and finally leads
to death.
3. Opportunity infection is
infection occasioned by the deficiency of immunity of the body due to HIV
infection.
Article 3.- The State agencies,
the Vietnam Fatherland Front and its member organizations, all economic and
social organizations, all units of the People's Armed Forces and every citizen,
every foreign organization and individual living in Vietnam shall have to carry
out the prevention and fight against HIV/AIDS infection as prescribed by law.
Article 4.- The persons infected
by HIV/AIDS shall not be discriminated against but have to take measures to
prevent and fight against the spread of the disease in order to protect the
health of the community as prescribed by law.
Article 5.- The Government exerts
unified management on the prevention and fight against HIV/AIDS infection.
The State agencies shall
coordinate with the Vietnam Fatherland Front and its member organizations and
the social organizations to persuade, educate and mobilize the population in
the prevention and fight against HIV/AIDS infection.
Article 6.- The Vietnam State
shall adopt policies of encouraging organizations and individuals in the
country and foreign organizations and individuals to cooperate and assist in
all forms the prevention and fight against HIV/AIDS infection.
Chapter II
MEASURES TO PREVENT AND FIGHT AGAINST HIV/AIDS INFECTION
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Article 8.- Education in the
prevention and fight against HIV/AIDS infection must be introduced into the
schools with contents suited to each kind of school, and conformable with the
cultural standard, age groups, genders and customs and habits of the ethnic
groups.
Article 9.-
1. The State agencies, the
Vietnam Fatherland Front and its member organizations, and all economic and
social organizations have the responsibility to arouse the awareness of the
public employees and the people about HIV/AIDS educate them about the
prevention and fight against HIV/AIDS infection.
2. The administration at all
levels, the Vietnam Fatherland Front and its member organizations, the economic
and social organizations, and the units of the People's Armed Forces have the
responsibility to carry out measures to prevent and fight against HIV/AIDS
infection within the community. These include:
a/ To persuade and educate the
persons likely to catch or spread HIV/AIDS to take measures of prevention and
fighting against the disease;
b/ To educate the public about
the prevention and fight against HIV/AIDS infection;
c/ To organize and campaign for
the caring for the physical health and morale of those infected by HIV/AIDS;
d/ To improve the professional
standard of the volunteers for the prevention and fight against HIV/AIDS
infection.
Article 10.- Everyone has the
duty to carry out measures to prevent and fight against the spread of HIV/AIDS
for their own protection and to protect their families and society; to join the
activities in the prevention and fight against HIV/AIDS infection in the family
and in the community.
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1. Each member of the family
must persuade and educate the other members to carry out the regulations on the
prevention and fight against HIV/AIDS.
2. Everyone in the family of an
HIV/AIDS infected person has the responsibility to join society in caring for
his/her health, and to raise his/her moral so that he/she may integrate with
the life in the family and the community.
Article 12.-
1. Everybody must take the
initiative in preventing the spread of HIV/AIDS through sexual intercourse and
injection.
2. All acts of sex buying and
selling, drug injection and other acts that might spread HIV/AIDS are strictly
forbidden.
Article 13.- The physicians and
other medical staffs at the medical establishments must observe the technical
regulations on the treatment of HIV/AIDS infection in their disease prevention
and medical examinations and treatment, and carry out medical technical
services and family planning technical services.
The establishments and persons
engaged in beauty and other services that might spread HIV/AIDS must observe
the regulations of the law on the prevention and fight against HIV/AIDS
infection.
Article 14.-
1. All the medical
establishments must conduct HIV tests in all cases of donation of blood, semen,
tissue, or any other parts of the human body.
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Article 15.- All medical wastes
related to the HIV/AIDS patients must be treated according to the regulations
of the Ministry of Health.
Article 16.-
1. The medical establishments
have to carry out tests for the persons who volunteer to test for HIV/AIDS
infection.
2. If requested, the State
medical establishments have to conduct tests to detect HIV/AIDS infection among
those likely to be infected by HIV/AIDS.
Article 17.- At the periodical
health checks, the responsible person of the medical establishment has the
right to decide to test for detection of HIV/AIDS infection at the persons
likely to be infected by HIV/AIDS.
Article 18.-
1. The laboratory physicians and
the laboratory of the medical service have to keep the confidentiality of the
names, ages and addresses of the persons who come to test for detection of
HIV/AIDS infection.
2. Only the responsible person
at the medical establishment has the right to notify the result of the test of
HIV/AIDS positive to the wife or husband or next of kin of the family of the
HIV/AIDS infected person, and to the office, organization or the responsible
person who directly looks after the health of the HIV/AIDS patient.
3. The publication of the names,
ages, addresses or pictures of the HIV/AIDS infected persons without their
consent is strictly forbidden.
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Article 20.-
1. The physicians and other
medical staffs must care for AIDS patients, and explain to the close relatives
in their families about HIV/AIDS in order to prevent the spread of the disease.
2. The HIV/AIDS infected person
who gets another opportunity infection shall be treated by the specialized
department of that infection or a special department.
3. Any refusal to examine or treat
an HIV/AIDS infected person is strictly forbidden.
Article 21.- The State shall
define the regime of occupational risk insurance right from the beginning for
the persons who directly manage and attend to the HIV/AIDS infected persons at
the social welfare establishments, and those who directly examine and treat the
HIV/AIDS infected persons.
Article 22.- The HIV/AIDS
infected persons are not allowed to work in a number of branches likely to
spread HIV/AIDS. The Ministry of Labor, War Invalids and Social Affairs shall
coordinate with the Ministry of Health in drawing up the list of these
occupations.
Article 23.- When a spouse knows
that he/she has contracted HIV/AIDS, he/she must inform his/her partner. If
not, the medical establishment shall have to provide this information.
Article 24.-
1. All intentional communication
of the disease to another person by an HIV/AIDS infected person is strictly
forbidden.
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Chapter III
STATE MANAGEMENT OF THE PREVENTION AND FIGHT AGAINST HIV/AIDS INFECTION
Article 25.- State management of
the prevention and fight against HIV/AIDS infection comprises the following
main contents:
1. To issue legal documents on
the prevention and fight against HIV/AIDS infection;
2. To work out undertakings,
policies and plans to prevent and fight against HIV/AIDS infection;
3. To supervise and inspect the
epidemiological developments of HIV/AIDS infection;
4. To organize the treatment and
care for the persons affected by HIV/AIDS infection;
5. To make periodical summing up
or general summing up and evaluation of the result of the prevention and fight
against HIV/AIDS infection in different periods;
6. To control, inspect and solve
the complaints and denunciations, and to handle the violations of the law on
the prevention and fight against HIV/AIDS infection;
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Article 26.-
1. The Government exerts unified
State management of the prevention and fight against HIV/AIDS infection
throughout the country.
The National Committee for
Prevention and Fight against AIDS shall be set up by the Prime Minister in
order to help him direct and deploy the prevention and fight against HIV/AIDS
infection according to the function and tasks to be defined by the Prime
Minister.
2. The Ministry of Health shall
within its function and tasks, exert State management of the prevention and
fight against HIV/AIDS in the medical field.
3. The ministries and branches
shall in their respective functions and tasks carry out the prevention and
fight against HIV/AIDS infection according to the regulations of the
Government.
4. The People's Committees at
all levels shall exert State management of the prevention and fight against
HIV/AIDS infection within their territories.
Chapter IV
REWARDS AND HANDLING OF VIOLATIONS
Article 27.- All organizations
and individuals who made meritorious achievements in the prevention and fight
against HIV/AIDS infection shall be commended and awarded according to the
common regulations of the State.
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1. Any person who violates the
provisions of the law on the prevention and fight against HIV/AIDS infection
shall, depending on the extent of the violation, be disciplined, subject to
administrative sanctions or examined for penal liability. If the violation
leads to the damage to the health, life or property of others, the offender
shall be made to pay compensations as prescribed by law.
2. Any foreign organization or
individual in Vietnam that violates the provisions of the law on the prevention
and fight against HIV/AIDS infection, shall be dealt with according to
Vietnamese law, except otherwise provided for in the international treaties
which the Socialist Republic of Vietnam has signed or acceded to.
Chapter V
IMPLEMENTATION PROVISIONS
Article 29.- This Ordinance takes
effect from the 1st of August 1995.
The earlier stipulations which
are contrary to this Ordinance are now annulled.
Article 30.- The Government shall
provide details for the implementation of this Ordinance.
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