Do HIV-infected people have the right to have general education at educational institutions in Vietnam? How much is the fine for discriminating against HIV-infected people?
- Do HIV-infected people have the right to have general education at educational institutions in Vietnam?
- Vietnam: Are high school teachers discriminating against HIV-infected people a violation of the law?
- Vietnam: How much is the fine imposed upon a high school teacher who refuses admission of pupils, students or trainees who are infected with HIV?
Do HIV-infected people have the right to have general education at educational institutions in Vietnam?
Pursuant to Point c, Clause 1, Article 4 of the Law on HIV/AIDS prevention and control 2006:
Rights and obligations of HIV-infected people
1. HIV-infected people have the following rights:
a/ To live in integration with the community and society;
b/ To enjoy medical treatment and healthcare;
c/ To have general education, learn jobs and work;
d/ To have their privacy related to HIV/AIDS kept confidential;
e/ To refuse medical examination and treatment when having treatment of full-blown AIDS;
f/ Other rights as provided for by this Law and other relevant laws.
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Thus, HIV-infected people are ensured the right to have general education at educational institutions just like other healthy persons. This is an important step in ensuring the rights and personal freedoms of people living with HIV. By doing so, they have the opportunity to access knowledge and improve their educational level without facing discrimination.
Do HIV-infected people have the right to have general education at educational institutions in Vietnam? (Image from the Internet)
Vietnam: Are high school teachers discriminating against HIV-infected people a violation of the law?
Pursuant to Clauses 4 and 5, Article 2 of the Law on HIV/AIDS prevention and control 2006:
Interpretation of terms
In this Law, the terms below are construed as follows:
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4. Stigmatization against an HIV-infected person is an attitude of contempt or disrespect towards another person because of the awareness or suspicion that such person is infected with HIV or has close relationship with an HIV-infected or suspected HIV-infected person.
5. Discrimination against an HIV-infected person is an act of alienation, refusal, isolation, maltreatment, disgrace, prejudice or restriction of rights towards another person because of the awareness or suspicion that such person is infected with HIV or has close relationship with an HIV-infected or suspected HIV-infected person.
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Pursuant to Article 8 of the Law on HIV/AIDS prevention and control 2006:
Prohibited acts
1. Purposefully transmitting or causing the transmission of HIV to another person.
2. Threatening to transmit HIV to another person.
3. Stigmatizing and discriminating against HIV-infected people.
4. Parents abandoning their HIV-infected minor children; guardians abandoning their HIV-infected wards.
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Stigmatization against an HIV-infected person is an attitude of contempt or disrespect towards another person because of the awareness or suspicion that such person is infected with HIV or has close relationship with an HIV-infected or suspected HIV-infected person.
Discrimination against an HIV-infected person is an act of alienation, refusal, isolation, maltreatment, disgrace, prejudice or restriction of rights towards another person because of the awareness or suspicion that such person is infected with HIV or has close relationship with an HIV-infected or suspected HIV-infected person.
Thus, stigmatizing and discriminating against HIV-infected people is a prohibited act. Therefore, high school teachers discriminating against HIV-infected people is a violation of the law.
Vietnam: How much is the fine imposed upon a high school teacher who refuses admission of pupils, students or trainees who are infected with HIV?
Pursuant to Point b, Clause 2, Article 23 of Decree 117/2020/ND-CP:
Violations against HIV anti-discrimination regulations
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2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of the following violations:
a) Requesting applicants for job to undergo HIV tests or present their HIV test reports, or refusing to employ them because they are infected with HIV, except some jobs for which applicants are required to undergo pre-employment HIV tests as prescribed by the Government;
b) Refusing admission of pupils, students or trainees who are infected with HIV;
c) Refusing admission of social protection beneficiaries to a social protection center because they are living with HIV;
d) Abandoning HIV-infected juvenile children or HIV-infected wards;
dd) Isolating, restricting or prohibiting HIV-infected pupils, students or trainees to/from a facility/institution’s activities and/or services;
e) Practicing discrimination in care and treatment of HIV patients;
g) Arranging jobs/works inappropriate to health status and qualification of HIV-infected workers
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Pursuant to Clause 5, Article 4 of Decree 117/2020/ND-CP:
Fines
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5. The fines prescribed in Chapter II hereof are imposed on violating individuals. The fine imposed on an organization is twice as much as that imposed on an individual for the same administrative violation.
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Thus, a fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed upon a high school teacher for refusing admission of pupils, students or trainees who are infected with HIV, depending on the nature and severity of the violation.
Note: The fine imposed on an organization is twice as much as that imposed on an individual for the same administrative violation. Thus, a fine ranging from VND 10.000.000 to VND 20.000.000 shall be imposed upon an organization for refusing admission of pupils, students or trainees who are infected with HIV, depending on the nature and severity of the violation.
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