In Vietnam, can a wife receive her husband's HIV test results?

In Vietnam, can a wife receive her husband's HIV test results? In Vietnam, can an employer force a person living with HIV to change jobs?

My husband and I have been married for 4 years and both of us are HIV-free but the night before we were surrounded by a group of people and stabbed my husband with needles, which made me worried and I took my husband for an HIV test . I don't know if I will receive a notification when I have test results? Can an employer force a person with HIV to change jobs? Ask your lawyer for advice. Thank you.

In Vietnam, can a wife receive her husband's HIV test results? 

Pursuant to Clause 2, Article 30 of the Law on prevention and control of infection with the human immunodeficiency syndrome virus (HIV/AIDS) in 2006, which was amended and supplemented by Clause 10, Article 1 of the Law on prevention and control of viral infection. causes Acquired Immunodeficiency Syndrome (HIV/AIDS) 2006. Human Acquired Immune Deficiency Syndrome (HIV/AIDS) 2020 Revision of HIV Positive Test Result Notification as follows:

2. A positive HIV test result will only be notified to the following people:

a) The person being tested;

b) The spouse of the person being tested; father, mother or guardian, representative of the person being tested is a person under 18 years old, a person who has lost his/her civil act capacity, a person with difficulties in cognition and behavior control, and a person with limited capacity civil actions;

c) Persons assigned the task of directly counseling and notifying HIV positive test results to the tested persons;

d) Heads of agencies or units tasked with HIV/AIDS epidemiological surveillance; the person assigned the task of monitoring HIV/AIDS epidemiology;

dd) The head, chief nurse of a department, room or other unit of a health facility where people living with HIV are treated; medical staff assigned to directly treat and care for HIV-infected people at health facilities;

e) Heads, persons in charge of health, medical staff assigned to directly provide health care for HIV-infected people at compulsory education institutions, reform schools, drug addiction treatment establishments, establishments social protection offices, prisons, detention camps, temporary detention houses and other detention facilities;

g) Heads and cadres and civil servants assigned responsibilities of the agencies specified in Clause 1, Article 28 of this Law.

Thus, In Viet Nam according to the above regulations, when you are a wife, when your husband's HIV test result is positive, you will receive the test result.

 In Vietnam, can an employer force a person living with HIV to change jobs?

In Clause 2, Article 14 of this Law on HIV/AIDS prevention and control at workplaces as follows:

2. Employers must not commit the following acts:

a) Terminate the labor contract or work contract or cause difficulties in the working process of the employee for the reason that the employee is infected with HIV;

b) Forcing employees who are still healthy enough to change the job they are undertaking for the reason that the employee is infected with HIV;

c) Refusing to raise wages, promote or fail to ensure the legitimate rights and interests of employees for the reason that the employees are infected with HIV;

d) Request an HIV test or present HIV test results to the job candidate, refuse to hire because the candidate is infected with HIV, except for the case specified in Clause 3, Article 28 of the Law. this.

Accordingly, In Viet Nam the employer must not force the healthy employee to change the job they are undertaking for the reason that the employee is infected with HIV.

Best regards!

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