Supply and guidelines for the use of clean syringes and needles in the prevention and control of HIV/AIDS in Vietnam from December 15, 2024

On October 28, 2024, the Government of Vietnam promulgated Decree 141/2024/ND-CP detailing the implementation of the Law on Prevention and Control of HIV/AIDS 2006 (amended 2020).

Decree 141/2024/ND-CP takes effect from December 15, 2024.

1. Supply and guidelines for the use of clean syringes and needles in the prevention and control of HIV/AIDS in Vietnam from December 15, 2024

According to Article 4 of the Decree 141/2024/ND-CP, provisions regarding the supply and guidance on the use of clean syringes in the prevention and control of HIV/AIDS from December 15, 2024, are as follows:

(1) The supply and guidance on the use of clean syringes for drug addicts are implemented in one of the following forms:

- Provision of free clean syringes through programs and projects approved by competent state agencies as per legal regulations. Free syringes must be labeled clearly on the packaging or supplementary label with the phrase "Provided free of charge, not for sale";

- Commercial sale of clean syringes in accordance with legal provisions regarding the management of medical equipment.

(2) Agencies, organizations, and units responsible for the supply and guidance on the use of clean syringes as specified in point a, clause 1, Article 4 Decree 141/2024/ND-CP have the responsibility to:

- Develop a network of points for the free distribution of syringes and collection of used syringes;

- Organize activities for the supply and guidance on the use of clean syringes for drug users in accordance with the law on HIV/AIDS prevention and control.

(3) The organizational network for supplying, guiding the use, and collecting used syringes as specified in point a, clause 1, Article 4 Decree 141/2024/ND-CP includes:

- Healthcare workers and community outreach staff under the management of agencies, organizations, and units specified in section (2);

- Fixed points for the supply of clean syringes.

(4) Agencies, organizations, and individuals eligible to conduct business in syringe trade under the legal regulations on medical equipment management are allowed to supply clean syringes as specified in point b, clause 1, Article 4 of the Decree 141/2024/ND-CP.

(5) The supply and guidance on the use of clean syringes in harm reduction interventions for HIV prevention follow the professional guidelines of the Ministry of Health.

(6) People’s Committees at all levels are responsible for directing professional agencies within their managed areas to carry out the following tasks:

- Lead, in cooperation with agencies: Police; Labor, Invalids and Social Affairs, and related agencies to organize activities for the supply and guidance on the use of clean syringes in harm reduction interventions for HIV prevention;

- Manage agencies, organizations, and individuals participating in the supply and guidance on the use of clean syringes in harm reduction interventions for HIV prevention;

- Supervise, monitor, evaluate, summarize, and report the results of the activities of supplying and guiding the use of clean syringes in harm reduction interventions for HIV prevention.

2. What are regulations on consultation for prevention and control of HIV/AIDS in Vietnam?

The consultation for prevention and control of HIV/AIDS in Vietnam includes:

- Medical facilities;

- Non-medical facilities.

Conditions for organizing HIV/AIDS prevention and counseling activities are as follows:

- For medical facilities specified in point a, clause 1 of this Article that have an operational license according to the law on examination and treatment, or a decision of establishment by competent state agencies, or an investment certificate, or a business registration certificate, when implementing HIV/AIDS prevention counseling, they must meet the conditions specified in clause 1, Article 5 of Decree 63/2021/ND-CP;

- Non-medical facilities specified in point b, clause 1, Article 38 of Decree 141/2024/ND-CP must meet the conditions specified in clause 1, Article 5 of Decree 63/2021/ND-CP.

At least 5 working days before official operations, organizations providing HIV/AIDS prevention counseling as stated in point b, clause 1 of this Article must send an Activity Notification for providing HIV/AIDS prevention counseling services, following the Form No. 17 outlined in the Annex attached to Decree 141/2024/ND-CP, to the Department of Health where the counseling organization is headquartered.

Additionally, forms of HIV/AIDS counseling include:

- Individual counseling;

- Group counseling.

The organization for implementing HIV/AIDS prevention and counseling activities follows the guidelines in clauses 1, 2, and 3, Article 22 of the Law on Prevention and Control of HIV/AIDS 2006.

People’s Committees at all levels are responsible for directing professional agencies within their management areas to guide, inspect, and supervise activities related to HIV/AIDS counseling.

(As specified in Article 38 of Decree 141/2024/ND-CP)

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