New regulation of Vietnam on procedures for accessing the information on HIV-infected persons

New regulation of Vietnam on procedures for accessing the information on HIV-infected persons
Vo Ngoc Nhi

On February 28, 2023, the Minister of Health of Vietnam promulgated Circular No. 04/2023/TT-BYT on forms and procedures for notifying positive HIV test results and accessing the information on HIV-infected persons.

According to the Circular, procedures for accessing the information on HIV-infected persons are as follows:

- Persons who request access to the information on HIV-infected persons shall submit written requests in accordance with the subject, scope, and content that may be provided to agencies and units that manage the information on HIV-infected persons.

In case of requesting access to the information on HIV-infected persons prescribed in Point d Clause 3 Article 30 of the Law on Prevention and Control of HIV/AIDS, there must be the written consent of HIV-infected persons, specifically:

HIV-infected persons approve the access to their information.

- Agencies and units that manage the information on HIV-infected persons shall consider and issue written approvals for access to the information on HIV-infected persons in accordance with the subject, scope, and content that may be provided and forms of information provision.

Additionally, Circular No. 04/2023/TT-BYT stipulates 3 forms of access to the information on HIV-infected persons, including:

- Directly reading the information on the patient’s medical record, the positive HIV test report, the information management system (health insurance inspection of the Vietnam Social Security, health care, or HIV/AIDS), and other documents or records containing information on HIV-infected persons.  

- Receiving written information.

- Other forms of information access in accordance with the subject, scope, and content that may be accessed.

Circular No. 04/2023/TT-BYT comes into force as of May 1, 2023.

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