In Vietnam: Is it permissible for people tested for HIV under management at reformatories to keep the HIV test report with positive result?

In Vietnam: Is it permissible for people tested for HIV under management at reformatories to keep the HIV test report with positive result?

Pursuant to Article 8 of the Circular 04/2023/TT-BYT (effective 01/05/2023) stipulating procedures for notifying HIV test report with positive result to people tested for HIV under management at reformatories as follows:

Procedures for notifying HIV-positive test results to people tested for HIV under management at social protection establishments, correctional facilities, reformatories, prisons and detention centers, custody houses, other detention facilities, drug detoxification establishments

1. After receiving Reports, the heads of social protection establishments, correctional facilities, reformatories, prisons and detention centers, custody houses, other detention facilities, drug detoxification establishments (hereinafter referred to as the supervision facilities) transfer the Reports to the people in charge.

2. The person in charge shall:

a) Notify the HIV infection status to the person directly managing, taking care of and treating the person tested for HIV;

b) Provide counseling and information on HIV infection status to people tested for HIV. If the person tested for HIV is a person under 18 years of age, a person who is legally incapacitated, a person with limited cognition and behavior control, and a person with limited legal capacity, the notification and return of Report shall be made as specified in Clause 5, Article 5 of this Circular;

c) Keep the Report in the file of the entity under supervision.

3. In case a person infected with HIV is transferred to another supervision facility, the following procedures shall be done:

a) The supervision facility from which the person infected with HIV is transferred is responsible for transferring the Report to the supervision facility to which the person infected with HIV is transferred;

b) The person in charge of the supervision facility to which the person infected with HIV is transferred is responsible for notifying the HIV infection status to the person directly managing, caring for and treating the person infected with HIV.

4. When the supervision period ends, the supervision facility will return the Report to the person infected with HIV.

As regulations above, within the supervision period, people tested for HIV cannot keep the HIV test report with positive result. The person in charge of the supervision facility is responsible for notifying the HIV infection status to the person directly managing, caring for and treating the person infected with HIV.

When the supervision period ends, the supervision facility will return the Report to the person infected with HIV.

Who shall be notified the HIV test with positive result in Vietnam?

Pursuant to Article 30 of the Law on HIV/AIDS Prevention and Control in 2006 (amended by Clause 10 Article 1 of the Law on amendments to the Law on prevention and control of HIV/AIDS in 2020) stipulating as follows:

Notification of positive HIV test results and access to information about HIV-positive persons

1. Heads of the facilities mentioned in Clause 2 Article 29 of this Law shall notify positive HIV test results.

2. Positive HIV test results shall only be notified to the following persons:

a) Persons getting tested for HIV;

b) 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;

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

d) Heads of agencies/units assigned to carry out HIV/AIDS epidemiological surveillance; persons assigned to carry out HIV/AIDS epidemiological surveillance;

dd) 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;

e) 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;

g) Heads and officials who are assigned with tasks of the agencies mentioned in Clause 1 Article 28 of this Law.

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As regulations above, positive HIV test results shall only be notified to the following persons:

- 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 in accordance with the law.

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

Pursuant to Article 11 of the Circular 04/2023/TT-BYT (effective 01/05/2023) stipulating methods of accessing information on people infected with HIV in Vietnam as follows:

- 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.

Best regards!