What are methods and procedures for accessing information on people infected with HIV in Vietnam? What are the contents of accessing information on people infected with HIV in Vietnam?

Who can access information on people infected with HIV in Vietnam? - Question from Mr. My in Ho Chi Minh

What are methods and procedures for accessing information on people infected with HIV in Vietnam?

Regarding form, according to Article 11 of Circular No. 04/2023/TT-BYT stipulating as follows:

Methods of accessing information on people infected with HIV
1. Read directly on the patient's medical record, HIV test report with positive result, information management system (insurance assessment of Vietnam Social Insurance, health or HIV/AIDS)) and on other records and documents containing information about people infected with HIV.
2. Get information in writing.
3. Other methods of access to information suitable for entities, scope and content of the information to be accessed.

Thus, methods of accessing information on people infected with HIV include:

- Read directly on the patient's medical record, HIV test report with positive result, information management system (insurance assessment of Vietnam Social Insurance, health or HIV/AIDS)) and on other records and documents containing information about people infected with HIV.

- Get information in writing.

- Other methods of access to information suitable for entities, scope and content of the information to be accessed.

Regarding the process, according to Article 12 of Circular No. 04/2023/TT-BYT stipulating:

Procedures for accessing information on people infected with HIV
1. The person seeking information on people infected with HIV shall file such a request to the agency in charge of information on people infected with HIV suitable for entities, scope and content of the information to be accessed.If the requester falls under the case of point d clause 3 Article 30 of the Law on HIV/AIDS Prevention and Control, the consent of the person infected with HIV must be obtained in writing.
2. The agency in charge of information on people infected with HIV shall consider granting a written consent to access to HIV-infected information suitable for entities, scope and content of the information to be accessed.

Thus, the procedures for accessing information on people infected with HIV are carried out as follows:

- The person seeking information on people infected with HIV shall file such a request to the agency in charge of information on people infected with HIV suitable for entities, scope and content of the information to be accessed.

If the requester being 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, the consent of the person infected with HIV must be obtained in writing.

- The agency in charge of information on people infected with HIV shall consider granting a written consent to access to HIV-infected information suitable for entities, scope and content of the information to be accessed.

What are methods and procedures for accessing information on people infected with HIV in Vietnam? What are the contents of accessing information on people infected with HIV in Vietnam?

What are methods and procedures for accessing information on people infected with HIV in Vietnam? What are the contents of accessing information on people infected with HIV in Vietnam? (Image from the Internet)

What are the contents of accessing information on people infected with HIV in Vietnam?

According to Clause 5, Article 30 of the 2006 Law on HIV/AIDS Prevention and Control in Vietnam as amended by Clause 10, Article 1 of the 2020 Law on Amendments to the Law on HIV/AIDS Prevention and Control, the following information about HIV-infected persons will be accessed:

- Personal information includes residential addresses and ID cards, citizen’s identity cards, passports or other unexpired photo-bearing identification documents issued by competent authorities;

- HIV/AIDS epidemiological information;

- HIV/AIDS treatment status.

What is the scope of access to information about HIV-infected persons?

Pursuant to Clause 4, Article 30 of the 2006 Law on HIV/AIDS Prevention and Control in Vietnam as amended by Clause 10, Article 1 of the 2020 Law on Amendments to the Law on HIV/AIDS Prevention and Control, stipulating the scope of access to information about HIV-infected persons as follows:

- Heads of agencies/units assigned to carry out HIV/AIDS epidemiological surveillance; persons assigned to carry out HIV/AIDS epidemiological surveillance are entitled to access information about HIV-infected persons who have permanent or temporary residence or have got tested for HIV within areas where they perform assigned HIV/AIDS epidemiological surveillance tasks;

- The following persons 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:

+ 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;

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

What are the current principles of HIV/AIDS prevention and control in Vietnam?

The current principles of HIV/AIDS prevention and control are stipulated in Article 3 of the 2006 Law on HIV/AIDS Prevention and Control in Vietnam with the following contents:

- Combination of social, technical and medical measures in HIV/AIDS prevention and control on the principle of regarding prevention as the major measure and information, education and communication for behavioral change as the key measure.

- Implementation of multi-sectoral collaboration and social mobilization in HIV/AIDS prevention and control; integration of HIV/AIDS prevention and control activities into socio-economic development programs.

- Close combination of HIV/AIDS prevention and control with the prevention and control of drug abuse and prostitution, attaching importance to harm reduction intervention measures in the prevention of HIV transmission.

- Elimination of stigma and discrimination against HIV-infected people and their family members; facilitation of HIV-infected people and their family members to participate in social activities, especially in HIV/AIDS prevention and control.

Circular No. 04/2023/TT-BYT takes effect from May 1, 2023.

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