New regulations on conditions for identifying people exposed to HIV due to occupational hazards in Vietnam

New regulations on conditions for identifying people exposed to HIV due to occupational hazards in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

On September 22, 2023, the Prime Minister issued Decision 24/2023/QD-TTg regulating conditions for identifying people exposed to HIV and people infected with HIV due to occupational accidents.

Conditions for identifying people exposed to HIV due to occupational hazards in Vietnam

According to Article 2 of Decision 24/2023/QD-TTg, people determined to be exposed to HIV due to occupational accidents must meet the following conditions:

(1) While on duty, one of the following accidents occurs:

- Having blood, blood products, or body fluids of an HIV-infected person come into direct contact with mucous membranes or damaged skin areas;

- Blood, blood products, or human body fluids whose HIV infection status cannot be determined come into direct contact with mucous membranes or damaged skin areas.

(2) Having a negative HIV test result performed by a testing facility in accordance with the law on medical examination and treatment. Blood samples used for HIV testing must be taken from people who have suffered occupational accidents within 72 hours from the time of the accident specified in (1).

Application for certificate of exposure to HIV due to occupational accident in Vietnam

The application for a certificate of exposure to HIV due to an occupational accident includes:

- Official dispatch requesting a certificate of exposure to HIV due to an occupational accident according to the provisions in Form No. 01 Appendix issued with Decision 24/2023/QD-TTg;

- Occupational accident accident record;

- Original or copy of negative HIV test results;

- Original or copy of a positive HIV test result from the source of HIV exposure (if any).

(Clause 1, Article 5 of Decision 24/2023/QD-TTg)

Authority to issue certificates of exposure to HIV due to occupational accidents

Specifically, Article 4 of Decision 24/2023/QD-TTg stipulates the authority to issue certificates of exposure to HIV due to occupational accidents as follows:

(1) The Ministry of Health issues certificates of exposure to HIV and HIV infection due to occupational accidents to subjects under its management.

(2) The Ministry of National Defense issues certificates of exposure to HIV or HIV infection due to occupational accidents to subjects under its management.

(3) The Ministry of Public Security issues certificates of exposure to HIV or HIV infection due to occupational accidents to subjects under its management.

(4) Departments of Health of provinces and centrally run cities issue certificates of exposure to HIV or HIV infection due to occupational accidents to subjects under their management authority and subjects under the management authority of other ministries and branches, except for the cases specified in (1), (2), and (3).

Decision 24/2023/QD-TTg takes effect on December 10, 2023, and replaces Decision 120/2008/QD-TTg dated August 29, 2008.

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