Fine of up to 20 million VND for act of discrimination against people with HIV in Vietnam

Fine of up to 20 million VND for act of discrimination against people with HIV in Vietnam (Illustrative Image)

According to Article 23 of Decree 117/2020/ND-CP on penalties for violations against HIV anti-discrimination regulations in Vietnam:

1. A fine ranging from VND 500.000 to VND 1.000.000 shall be imposed for commission of one of the following violations:

- Requesting pupils, students, trainees or applicants for admission to undergo HIV tests or provide their HIV test reports;

- Hindering pupils, students or trainees from participating in an educational institution’s activities/services because they themselves or their family members are living with HIV;

- Obstructing the admission of social protection beneficiaries to a social protection center because they are living with HIV;

- Refusing to receive bodies of persons died from HIV/AIDS for burial or cremation.

2. A fine ranging from VND 5.000.000 to VND 10.000.000 shall be imposed for commission of one of the following violations:

- Requesting applicants for job to undergo HIV tests or present their HIV test reports, or refusing to employ them because they are infected with HIV, except some jobs for which applicants are required to undergo pre-employment HIV tests as prescribed by the Government;

- Refusing admission of pupils, students or trainees who are infected with HIV;

- Refusing admission of social protection beneficiaries to a social protection center because they are living with HIV;

- Abandoning HIV-infected juvenile children or HIV-infected wards;

- Isolating, restricting or prohibiting HIV-infected pupils, students or trainees to/from a facility/institution’s activities and/or services;

- Practicing discrimination in care and treatment of HIV patients;

- Arranging jobs/works inappropriate to health status and qualification of HIV-infected workers.

3. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for commission of one of the following violations:

- Terminating signed employment contracts or public employee contracts or causing difficulties to employees during employment because they are infected with HIV;

- Forcing employees who are still fit for their current job positions to transfer to other job positions because they are infected with HIV;

- Refusing to accept pay raise/promotion claims or failing to ensure lawful rights and benefits of employees who are infected with HIV;

- Discipline or expel pupils, students or trainees for HIV infection;

- Using images/media messages that discriminate against HIV-infected persons and/or their family members.

More details can be found in Decree 117/2020/ND-CP, which comes into effect in Vietnam from November 15, 2020.

Thuy Tram

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE