Do pilots in Vietnam need to be tested for HIV before being hired?
Do pilots in Vietnam need to be tested for HIV before being hired? What should employers do if they discover that a pilot is HIV positive after they have been hired in Vietnam? Is it mandatory to be tested for HIV before donating organs in Vietnam?
Hello Lawnet. I have just completed my pilot training course, and I am planning to apply for a job at airline M. I heard that pilots must be tested for HIV before being hired, so I would like to ask if this is true.
Thank you!
Do pilots in Vietnam need to be tested for HIV before being hired?
Pursuant to Article 20 of the Decree 108/2007/NĐ-CP stipulating list of occupations which require HIV testing prior to recruitment as follows:
1. List of occupations which require HIV testing prior to recruitment:
a/ Flight crew members defined in Article 72 of the Vietnam Civil Aviation Law
b/ Special occupations in the security and defense domains.
2. Once HIV infection is identified after the recruitment has been made, the employer shall strictly comply with the provisions of Article 14 of the Law on HIV/AIDS Prevention and Control
3. Depending on the HIV/AIDS epidemic developments in each period, the Minister of Health shall assume the prime responsibility for, and coordinate with the Minister of Labor, War Invalids and Social Affairs in, drawing up and reaching agreement on amendments to the list of occupations which require HIV testing prior to recruitment before submitting them to Prime Minister for decision.
Pursuant to Article 72 of the Law on Vietnam Civil Aviation in 2006 stipulating flight crew as follows:
1. Flight crew members are those who navigate the aircraft, including the principal pilot, assistant pilot and other aviation personnel suitable to the aircraft class.
2. An aircraft may make a flight only when it has a full flight crew as required by the law of the state in which the aircraft is registered or by the law of the state of the aircraft operator.
As regulations above, people navigating the aircraft are pilots. Therefore, pilots in Vietnam need to be tested for HIV before being hired.
Do pilots in Vietnam need to be tested for HIV before being hired? - Source: Internet
What should employers do if they discover that a pilot is HIV positive after they have been hired in Vietnam?
Pursuant to Clause 2 Article 20 of the Decree 108/2007/NĐ-CP stipulating list of occupations which require HIV testing prior to recruitment as follows:
2. Once HIV infection is identified after the recruitment has been made, the employer shall strictly comply with the provisions of Article 14 of the Law on HIV/AIDS Prevention and Control
Pursuant to Article 27 of the Law on HIV/AIDS prevention and control in 2006 stipulating HIV/AIDS prevention and control in the workplace as follows:
1. The employer shall:
a/ Organize propaganda and education on HIV/AIDS prevention and control measures and anti-stigmatization and anti-discrimination against HIV-infected people in the agency, organization or people's armed force unit;
b/ Arrange jobs suitable to the health and professional qualification of HIV-infected laborers;
c/ Facilitate employees' participation in HIV/AIDS prevention and control activities;
d/ Have other responsibilities related to HIV/AIDS prevention and control in accordance with law.
2. The employer may not:
a/ Terminate the labor or job contract of an employee or cause difficulties to this person in his/her work on the ground that such person is infected with HIV;
b/ Force a physically fit employee to change the job he/she has been doing on the ground that such person is infected with HIV;
c/ Refuse to give a salary raise to or to promote an employee, or fail to ensure his/her legitimate rights or benefits on the ground that such person is infected with HIV;
d/ Request a job applicant to have an HIV test or produce an HIV test result, or refuse to recruit a person on the ground that such person is infected with HIV, except for the case specified in Clause 3, Article 28 of this Law.
Above are steps that employers shall follow if they discover that a pilot is HIV positive after they have been hired in Vietnam.
Is it mandatory to be tested for HIV before donating organs in Vietnam?
According to Article 1 of Circular 33/2011/TT-BYT (amended by Point b, Clause 2, Article 13 of Circular 01/2015/TT-BYT), the following are cases that are required to be tested for HIV for diagnosis and treatment of patients:
1. People who donate organs or body parts.
2. People who receive organs or body parts.
3. People who donate sperm or eggs.
4. People who receive sperm, eggs, or embryos.
Therefore, according to the above regulations, before donating organs, organ donors must undergo mandatory HIV testing.
Best regards!
