Governmental Decision No. 34/CP on Guidance to Execute Laws on HIV/AIDS Prevention and Protection

    


Date:
   1 June 1996

Source:   UNAIDS in Viet Nam

Subject:     AIDS

Text:

Article 1:

1. To push up the information, education, communication for improving knowledge and necessary skills to help people to prevent and protect HIV/AIDS by themselves and community. The content of information, education, communication for HIV/AIDS is included:

- HIV/AIDS knowledge, law stipulations for HIV/AIDS prevention and protection

- To prevent drug, prostitute for HIV/AIDS prevention;

- To educate healthy life, own responsibility, responsibility of family and community in HIV/AIDS prevention and protection.

- The measures to reduce the risks of HIV/AIDS contagious.

- Community responsibility for HIV/AIDS infected person; and his responsibility to community.

2. The newspapers and magazines, distributing organizations, the radio and TV stations must usually provide information, education, communication about HIV/AIDS prevention and protection through public communications.

State offices, Social organizations, economic organizations and People army units have their responsibilities to provide information, education, communication about HIV/AIDS prevention and protection to their own staff.

Article 2: The contents on promoting communication and education on HIV/AIDS prevention and protection in schools, colleges and universities:

- Basic knowledge of HIV/AIDS and scientific basis of measures in HIV/AIDS prevention and protection

- Influence of great epidemic diseases (HIV/AIDS) on economy, society, health, and human race.

- The situations of HIV/AIDS infection in Viet Nam, the programmes in HIV/AIDS prevention and protection in Viet Nam and in the world.

- The laws on HIV/AIDS prevention and protection.

- Responsibility of each in HIV/AIDS prevention and protection.

The Ministry of Education and Training guides the suitable details of education standards for pupils in each level.

Article 3:  HIV/AIDS victims must avoid to infect others and have measures of contagion prevention for family and community, according to the regulations and the guideline of health offices, must not transfuse blood, sperm, tissue, his organ or body organ to others.

According to the circulars between Ministry of Labour, War Invalids and Social Affairs and Ministry of Health, in the list of HIV/AIDS communicable occupations, HIV/AIDS victim is not allowed directly and continuously to do HIV/AIDS communicable occupations.

Article 4:  The person, who had received examination result and he/she known that he/she is a HIV/AIDS victim, must inform her husband/his wife to have measures for HIV/AIDS prevention; if he/she doesn’t inform, Health stations have to inform it.

Article 5:

  1. The Directors of Hospitals, managers of health stations in districts have the authority to inform the examination results to the HIV/AIDS victims, their husbands, wives, relatives in families, their offices or even the person, who has responsibility to take care the HIV/AIDS victims.

  2. If offices, organizations, persons receive the examination results of HIV/AIDS infected person, have responsibilities to keep them secret.

  3. The communication offices are prohibited to provide the name, age, address, photograph of HIV/AIDS infected persons without these persons' permission; if the HIV/AIDS infected person dies, the communication offices must have an agreement of his father, mother, husband or wife or guarantor.

Article 6:  The responsibilities of families and communities for HIV/AIDS victims:

  1. Encourage the HIV/AIDS victims to go to HIV/AIDS consultative centers.

  2. Do not keep away from HIV/AIDS victims.

  3. Facilitate a good condition for the victims to be spiritually, materially and healthily looked after at their families and community.

  4. Remind HIV/AIDS victims, with their families and community to have measures of HIV/AIDS prevention.

  5. Help and arrange suitable occupations for HIV/AIDS victims.

Article 7:  Whenever they are suffered from infected diseases, HIV/AIDS victims will be treated in the State Health bases. The State Health bases have their responsibilities to receive HIV/AIDS victims for treatment, they must not refuse or discriminate in any cases.

Article 8:

  1. The Directors of hospitals, managers of health stations in districts have their authorities to request the risk HIV/AIDS person to make a test for discovery of HIV/AIDS virus (in Clause No. 2, Article 16 of State laws "HIV/AIDS Prevention and Protection")

  2. The person, who uses labour, must organize periodical health examination for labour. The doctors and managers of health offices have the authority to request the risk HIV/AIDS persons to make a test for discovery HIV/AIDS virus.

Article 9:  State and private health services have responsibilities to:

  1. Advise the HIV infected persons in HIV/AIDS prevention and protection.

  2. Follow all regulations in ensuring sterilization in diseases prevention, examination and treatment, especially the sterilization of medical equipment.

  3. Make tests or send the result of HIV infection of the donors of blood, sperm, tissue or organ or a part of body.

  4. Submit a report on found HIV/AIDS cases to the health services at the higher level

  5. Guide the carrying out post mortem and burying AIDS patients according to the regulations for other communicable diseases.

Article 10:

  1. The HIV/AIDS infected persons entitled to receive occupational risk insurance are: persons who are infected by HIV/AIDS due to directly examining, treating and taking care of HIV/AIDS patients at state health or treatment services founded under the Article 24 of State Law on the settlement of administrative violence.

  2. State contributes occupational risk insurance for the mentioned persons on paragraph 1 of this Article, who work at the state health or treatment services founded under the Article 24 of State Law on the settlement of administrative violence.

  3. Ministry of Finance, in line with the Ministry of Health stipulate the level of contribution of occupational risk insurance as well as the entitlement to receive this kind of insurance when a person is infected by HIV/AIDS.

    Ministry of Health stipulates specifically the standards and conditions to define the HIV/AIDS infected persons due to their occupations.

Article 11:

When a HIV/AIDS infected person entries into Viet Nam, he/she has to declare his/her health situation on a form, stipulated by Ministry of Health, at the first border gate's medical cheek

Article 12:  National AIDS Committee has responsibilities to:

  1. Formulate anti-HIV/AIDS strategies, policies and plans.

  2. Supply guidance, promote the implementation of HIV/AIDS prevention and protection in the whole country

  3. Coordinate with Ministry of Health, Ministry of Planning and Investment, Ministry of Finance to make annual budget plans for HIV/AIDS prevention and protection and submit to the Government for approval and distribute approved fund for Ministries, social organizations and locations in accordance with assigned tasks.

  4. Coordinate with Ministry of Health, other relevant Ministries, social organizations to organize HIV/AIDS prevention and protection consultative network.

  5. Act as a link for international cooperation, bilateral and multi-lateral coordination and management in national and regional HIV/AIDS prevention and protection

Article 13:  Ministry of Health has responsibilities to:

  1. Formulate anti-HIV/AIDS documents and submit them to Government or Ministry according to the laws on HIV/AIDS prevention and protection.

  2. Promulgate rules on epidemiological supervision, HIV/AIDS detection tests, HIV/AIDS detecting special definitions, blood transfusion, serum transfusion, sperm donation, sterilization requirements in health examination and treatment, health services, surgeries medical discharge treatment, human organ or body organ transplantation.

  3. Set up health examination and facilitate Vietnamese and Foreigners in Viet Nam to voluntarily take HIV/AIDS detection tests. To consult knowledge in HIV/AIDS prevention and protection for the to-be-tested person.

  4. Cooperate with other related Ministries to carry out scientific research and to apply internationally scientific, technological advances in HIV/AIDS prevention and protection

  5. Coordinate with National AIDS Committee and other related Ministries to supervise and inspect the implementation of laws on HIV/AIDS prevention and protection

Article 14:  Ministry of Culture and Information has responsibilities to:

  1. Mobilize and supply guidance to the public communication system, culture units, art creations, education in HIV/AIDS prevention and protection

  2. Cooperate with National AIDS Committee and Ministry of Health to advise informative-educational-communication contents in HIV/AIDS prevention and protection.

Article 15:  Ministry of Education and Training is responsible to formulate education activities in HIV/AIDS prevention and protection in schools and cooperate with National AIDS Committee to formulate programme, contents, measures, teaching equipment and compile education documents in HIV/AIDS prevention and protection (according to the definition of Clause No 2 of this article).

Article 16:  Responsibilities of Ministry of Labour, War Invalids and Social Affairs:

  1. Cooperate with National AIDS Committee in HIV/AIDS prevention and protection activities (included social evils; drug, prostitute)

  2. Cooperate with Ministry of Health to take care HIV/AIDS victims at the community.

  3. Take care and educate HIV/AIDS victims in treatment bases (according to Article 24 of State laws on the settlement of administrative violence),

Article 17:  Annually, Government spends an appropriate portion from budget for anti-HIV/AIDS programme.

Responsibilities of Ministry of Finance:

  1. Advise the specific use of this expenditure, after having agreement with National AIDS Committee and Ministry of Health.

  2. Cooperate with Ministry of Planning and Investment, National AIDS Committee and Ministry of Health to allocate the state annual budget for HIV/AIDS prevention and protection activities for other Ministries and locations,

  3. Provide adequate and timely fund for national HIV/AIDS prevention and protection activities according to the budget approved by government.

  4. Supervise the use of this fund in accordance with the HIV/AIDS prevention and protection programme and State stipulations

Article 18:  The People's Committee at different levels has responsibilities to:

  1. Formulate the extension of implementation of stipulations of State laws on HIV/AIDS prevention and protection, to propagate and educate local people about HIV/AIDS prevention and protection

  2. Supply guidance to implementation of HIV/AIDS prevention and protection and anti social evils, drug abuse, prostitute in different locations.

  3. Utilize effectively budget for HIV/AIDS prevention and protection, raise contribution of community to support budget for HIV/AIDS prevention and protection activities in accordance with the set target.

  4. Agitate and advise people to take care of HIV/AIDS victims and ensure that they can integrate into the community and not be discriminated.

Article 19:  This decision is valid from the signed date . Previous decisions against the above mentioned Decision must be abrogated

Article 20:  Ministry of Health, Chairman of National AIDS Committee, Ministers, Chief of offices equal to ministerial level, Chief of Governmental Offices and Chairmen of People's Committee at districts, cities, are responsible to execute this Decision.

 

    
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