LAW

AMENDMENTS TO THE LAW ON PREVENTION AND CONTROL OF HIV/AIDS

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates a Law on amendments to the Law on prevention and control of HIV/AIDS No. 64/2006/QH11.

Article 1. Amendments to the Law on prevention and control of HIV/AIDS

1. Some Clauses of Article 2 are amended as follows:

a) Clause 11 is amended as follows:

“11. “HIV testing” means the use of medical technologies to determine the HIV status of blood samples and other human bio-fluids, including HIV screening tests and HIV confirmatory tests.”;

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“14. “mobile population” means a person who frequently moves far away from his/her home and changes his/her residence and workplace.

15. “HIV prevention interventions” mean solutions adopted to reduce adverse impacts of behaviors at high risk of HIV transmission on individuals and communities.

16. “pre-exposure prophylaxis with antiretroviral medicines” means the use of antiretroviral medicines for preventing and reducing the risk of HIV infection.”.

2. Point b and Point c Clause 2 Article 4 are amended as follows:

“b) Promptly notify his/her positive HIV test results to his/her spouse, fiancé(e) or cohabitant;

c) Comply with treatment regulations when receiving treatment with antiretroviral medicines;”

3. Clause 2 Article 11 is amended as follows:

“2. The following entities are given priority of access to information and education about HIV/AIDS prevention and control:

a) HIV-positive persons;

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c) Prostitutes;

d) People having same-sex relationship;

dd) Transgender people;

e) Spouses and other family members of HIV-positive persons; spouses of the entities mentioned in Points b, c, d and dd of this Clause;

g) People having sexual relationship with HIV-positive persons;

h) Persons infected with sexually transmitted diseases;

i) Mobile populations;

k) Pregnant women;

l) Convicts, persons held in detention, and persons held in custody at reform schools, correctional institutions or rehabilitation centers;

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n) Persons from 13 to under 30 years of age.”.

4. Some Clauses of Article 12 are amended as follows:

a) Clause 3 is amended and Clause 3a is added following Clause 3 as follows:

“3. The Ministry of Information and Communications shall, within the ambit of its assigned tasks and powers, organize and direct communications and press agencies to regularly implement programs disseminating information about HIV/AIDS prevention and control, and combine HIV/AIDS prevention and control programs with other information dissemination and communications programs.

3a. The Ministry of Culture, Sports and Tourism shall, within the ambit of its assigned tasks and powers, organize and direct the inclusion of dissemination of information about HIV/AIDS prevention and control in cultural, sports and tourism events, and family life.";

b) Clause 5 is amended as follows:

“5. The Ministry of Labor, War Invalids and Social Affairs, Ministry of Public Security and Ministry of National Defence shall, within the ambit of their assigned tasks and powers, play the leading role and cooperate with relevant ministries in directing the dissemination of information and provision of education about HIV/AIDS prevention and control by correctional institutions, reform schools, rehabilitation centers, social protection facilities, prisons and detention centers”;

c) Clause 7 is amended as follows:

“7. Mass media agencies shall give priority to time and duration for broadcasting of information and educational programs about HIV/AIDS prevention and control on radio and television stations; content ratio and column positions in printed newspapers, television newspapers and online newspapers in accordance with regulations adopted by the Ministry of Information and Communications. Information and educational contents about HIV/AIDS prevention and control are provided free of charge, unless such activities are performed according to orders placed by competent authorities, or to fulfill tasks funded by competent authorities, or payments are made under the signed contracts for implementation of HIV/AIDS prevention and control programs/projects, or they are sponsored by domestic and/or foreign entities.”.

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“Article 18. HIV/AIDS prevention and control at correctional institutions, reform schools, rehabilitation centers, social protection facilities, prisons and detention centers

1. Heads of correctional institutions, reform schools, rehabilitation centers, social protection facilities, prisons and detention centers shall manage, disseminate information and provide counseling, testing, care and treatment for HIV-positive persons, and take measures for preventing HIV infection at their facilities/centers.

2. The Government shall elaborate the management, information dissemination, counseling, testing, caring and treatment of HIV-positive persons, and prevention of HIV infection prescribed in Clause 1 of this Article.”.

6. Article 20 is amended as follows:

“Article 20. Participation of HIV-positive persons and persons with high-risk behaviors in HIV/AIDS prevention and control

1. Depending on their capacity and conditions, HIV-positive persons and persons with high-risk behaviors are entitled to participate in HIV/AIDS prevention and control activities.

2. The Government encourages, facilitates and assists HIV-positive persons and persons with high-risk behaviors in participating in peer education groups and other activities for HIV/AIDS prevention and control as prescribed by law.

3. HIV-positive persons and persons with high-risk behaviors may perform the following activities:

a) Disseminate information about and engage in implementation of HIV prevention interventions according to the Government’s regulations;

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c) Provide counseling and assist persons with high-risk behaviors in pre-exposure prophylaxis and post- exposure prophylaxis;

d) Assist and take care of HIV-positive persons;

dd) Give opinions about policies and laws on HIV/AIDS prevention and control while they are formulated;

e) Perform other HIV/AIDS prevention and control activities as prescribed by law".

7. Article 21 is amended as follows:

“Article 21. HIV prevention interventions

1. HIV prevention interventions include:

a) Distribute and provide instructions for use of condoms;

b) Distribute and provide instructions for use of clean needles and syringes;

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d) Provide opioid replacement treatment;

dd) Implement other appropriate HIV prevention interventions.

2. The entities in Points a, b, c, d, D, e, g, h, i and l Clause 2 Article 11 of this Law are given priority to HIV prevention interventions.

3. The Government shall provide for the implementation of HIV prevention interventions.”.

8. Clause 2 and Clause 3 Article 27 are amended as follows:

“2. Persons aged 15, or older, and capable of civil acts may voluntarily request HIV test.

3. HIV tests for persons aged under 15, incapacitated persons, persons with limited cognition or behavior control, and persons with limited legal capacity shall be performed only after obtaining written contents of their parents, guardians or lawful representatives.”

9. Article 29 is amended as follows:

“Article 29. HIV screening tests and HIV confirmatory tests

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2. HIV confirmatory tests are only performed by laboratories eligible to perform HIV confirmatory tests. When receiving test results, persons getting tested for HIV must provide their residential addresses and ID cards, citizen’s identity cards, passports or other unexpired photo-bearing identification documents issued by competent authorities.

3. Eligibility requirements, application and procedures for recognition of laboratories eligible to perform HIV confirmatory tests shall comply with the Government’s regulations.”.

10. Article 30 is amended as follows:

“Article 30. Notification of positive HIV test results and access to information about HIV-positive persons

1. Heads of the facilities mentioned in Clause 2 Article 29 of this Law shall notify positive HIV test results.

2. Positive HIV test results shall only be notified to the following persons:

a) Persons getting tested for HIV;

b) Spouses of persons getting tested for HIV; parents, guardians or lawful representatives of persons getting tested for HIV who are persons aged under 18, incapacitated persons, persons with limited cognition or behavior control, or persons with limited legal capacity;

c) Persons who are assigned to provide counseling or notify positive HIV test results to persons getting tested for HIV;

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dd) Heads and chief nurses of departments, wards and other divisions of health facilities where HIV-infected persons are receiving treatment; healthcare workers who give direct care and treatment to HIV-infected persons at health facilities;

e) Heads, persons in charge of healthcare tasks, and healthcare workers who are assigned to give direct care to HIV-infected persons at correctional institutions, reform schools, rehabilitation centers, social protection facilities, prisons and detention centers;

g) Heads and officials who are assigned with tasks of the agencies mentioned in Clause 1 Article 28 of this Law.

3. The following persons are entitled to access information about HIV-infected persons:

a) Persons mentioned in Point d Clause 2 of this Article;

b) Heads and persons assigned with tasks of social security offices that directly perform assessment, make payments and manage information about covered medical services provided for HIV-infected persons;

c) Heads and persons assigned with tasks of health facilities that directly make payments and manage information about covered medical services provided for HIV-infected persons;

d) Persons authorized by HIV-infected persons to access their information.

4. Scope of access to information about HIV-infected persons:

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b) The persons mentioned in Points b and c Clause 3 of this Article are entitled to access information about HIV-infected persons who receive medical treatment from health facilities where they are working or they perform assigned health insurance assessment tasks.

5. The following information about HIV-infected persons will be accessed:

a) Personal information prescribed in Clause 2 Article 29 of this Law;

b) HIV/AIDS epidemiological information;

c) HIV/AIDS treatment status.

6. The persons mentioned in Points b, c, d, dd, e and g Clause 2 and Clause 3 of this Article shall assume responsibility to protect confidentiality of information about HIV-infected persons.

7. The Minister of Health shall stipulate methods and procedures for notification of positive HIV test results and access to information about HIV-infected persons prescribed in this Article.”.

11. Some Clauses of Article 35 are amended as follows:

a) Clause 1 is amended as follows:

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a) The health insurance fund shall pay testing costs of HIV patients holding health insurance card according to the coverage ratios prescribed in the Law on health insurance;

b) The state budget shall be used to cover testing costs, which are not covered by the health insurance fund, of the persons mentioned in Point a of this Clause, and testing costs incurred by HIV patients without health insurance card according to prices of covered medical services.”;

b) Clause 3 is amended as follows:

“3. Women infected with HIV shall be provided with counseling on HIV/AIDS prevention and control during pregnancy and breastfeeding.”;

c) Clause 5 is amended as follows:

“5. The Government shall stipulate sources of state budget and payment methods in the case prescribed in Point b Clause 1 of this Article.

The Minister of Health shall stipulate procedures, time and number of HIV tests for the pregnant women mentioned in Clause 1 of this Article; caring and treatment of HIV-infected women during pregnancy, childbirth and breastfeeding, and measures for preventing mother-to-child transmission of HIV.”.

12. Article 36 is amended as follows:

“Article 36. Pre-exposure prophylaxis and post-exposure prophylaxis

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2. Persons exposed to HIV due to occupational accidents or risks of medical procedures shall be provided with counseling and post-exposure prophylaxis, and receive benefits as prescribed in this Law.”.

13. Clause 2 Article 39 is amended as follows:

“2. The State shall provide free of charge antiretroviral medicines for the following persons:

a) Persons exposed to HIV or infected with HIV due to occupational accidents;

b) Persons exposed to HIV or infected with HIV due to risks of medical procedures;

c) Persons exposed to HIV or infected with HIV during their performance of search and rescue tasks;

d) Women and children given treatment indications for preventing mother-to-child transmission of HIV;

dd) Children aged under 06 and infected with HIV;

e) Persons infected with HIV at correctional institutions, reform schools, rehabilitation centers, social protection facilities, prisons and detention centers”.

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“Article 43. Funding sources for HIV/AIDS prevention and control

1. Funding from state budget.

2. Health insurance fund.

3. Payments by users of HIV/AIDS preventive and treatment services.

4. Financial supports, grants,  investments and gifts of domestic and foreign entities.

5. Other lawful funding sources.”.

15. Article 45 is amended as follows:

“Article 45. Benefits and policies for persons who directly perform HIV tests, manage, take care of and treat persons infected with HIV

Persons who directly perform HIV tests, manage, take care of and treat persons infected with HIV at correctional institutions, reform schools, rehabilitation centers, social protection facilities, prisons and detention centers shall be provided with necessary facilities and equipment for preventing HIV infection, and receive work allowances and other benefits according to the Prime Minister’s regulations.”.

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Article 2. Implementation

1. This Law comes into force from July 01, 2021.

2. From the date of entry into force of this Law, all assets and finance of funds for support, treatment and care for HIV-infected people shall be used for support, treat and take care of HIV-infected people according to Minister of Health’s decision, if it is a central-level fund, or decisions of provincial People’s Committees, if it is a provincial-level fund.

This Law is ratified by the 14^th National Assembly of the Socialist Republic of Vietnam during its 10^th session held on November 16, 2020.

PRESIDENT OF THE NATIONAL ASSEMBLY




Nguyen Thi Kim Ngan