When is compulsory HIV testing in Vietnam conducted? To whom are positive HIV test results informed?
When is compulsory HIV testing in Vietnam conducted?
Pursuant to the provisions of Article 28 of the 2006 Law on HIV/AIDS Prevention and Control in Vietnam as follows:
Compulsory HIV testing in Vietnam
1. Compulsory HIV testing shall be conducted in the case that there is an official request for judicial appraisal or a decision of an investigative body, a people's procuracy or a people's court.
2. The Minister of Health shall issue regulations on compulsory HIV testing in certain necessary cases for diagnosis and treatment purposes.
3. The Government shall issue a list of occupations and professions requiring HIV testing before recruitment.
4. Cost of HIV test in the cases mentioned in Clause 1 of this Article shall be covered with the state budget.
According to the above provisions, compulsory HIV testing shall be conducted in the case that there is an official request for judicial appraisal or a decision of an investigative body, a people's procuracy or a people's court.
When is compulsory HIV testing in Vietnam conducted? To whom are positive HIV test results informed? (Image from the Internet)
To whom are positive HIV test results informed?
Pursuant to the provisions of Clause 1, Article 30 of the 2006 Law on HIV/AIDS Prevention and Control in Vietnam (amended by Clause 10, Article 1 of the 2020 Law on Amendments to the Law on Prevention and Control of HIV/AIDS), persons allowed to be informed of positive HIV test results include:
- Persons getting tested for HIV;
- 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;
- Heads of agencies/units assigned to carry out HIV/AIDS epidemiological surveillance; persons assigned to carry out HIV/AIDS epidemiological surveillance;
- 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;
- 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;
- Heads and officials who are assigned with tasks of the agencies mentioned in Clause 1 Article 28 of the 2006 Law on HIV/AIDS Prevention and Control in Vietnam.
Who is entitled to access information about HIV-infected persons?
Pursuant to the provisions of Clause 3, 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 Prevention and Control of HIV/AIDS stipulating as follows:
Notification of positive HIV test results and access to information about HIV-positive persons
...
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.
According to the above regulations, persons are entitled to access information about HIV-infected persons include:
- Heads of agencies/units assigned to carry out HIV/AIDS epidemiological surveillance; persons assigned to carry out HIV/AIDS epidemiological surveillance;
- 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;
- 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;
- Persons authorized by HIV-infected persons to access their information.
What is the scope of access to information about HIV-infected persons?
Pursuant to the provisions of 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 Prevention and Control of HIV/AIDS stipulating as follows:
Notification of positive HIV test results and access to information about HIV-positive persons
...
4. Scope of access to information about HIV-infected persons:
a) The persons mentioned in Point d Clause 2 of this Article 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;
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.
According to the above provisions, scope of access to information about HIV-infected persons is specified 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;
- 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; 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 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.
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