What are fines for Performing HIV tests for persons aged under 16 without obtaining written consent of their parents or legal guardians in Vietnam?

What are fines for Performing HIV tests for persons aged under 16 without obtaining written consent of their parents or legal guardians in Vietnam? (Illustrative image)

According to Decree 117/2020/ND-CP, performing an HIV test on a person under the age of 16 without written consent from their parents or legal guardians can result in a fine of up to VND 10,000,000 in Vietnam. To be specific:

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

- Confirming positive HIV test results without obtaining certificate of eligibility to perform HIV confirmatory tests from a competent authority;

- Failing to comply with instructions of the Ministry of Health when conducting HIV tests;

- Failing to satisfy one of the conditions for HIV testing after obtaining the certificate of eligibility to perform HIV tests;

- Confirming positive HIV test results within the period of suspension of HIV confirmatory tests;

- Notifying positive HIV test results to entities other than the ones prescribed by law or disclosing positive HIV test results which must be kept confidential as prescribed by law;

- Performing HIV tests for persons aged under 16 or incapacitated persons without obtaining written consent of their parents or legal guardians, except emergency cases prescribed in the Law on medical examination and treatment.

Additionally, under Decree 117/2020/ND-CP, a fine ranging from VND 3.000.000 to VND 5.000.000 shall be imposed for commission of one of the following violations in Vietnam:

- Failing to provide pre- and post-HIV test counseling;

- Failing to notify positive HIV test results within the prescribed time limit;

- Failing to comply with procedures for notification of positive HIV test results;

- Transporting or delivering positive HIV test reports against regulations of law;

- Failing to report on discovered substandard biologicals and equipment used for HIV testing to competent authorities;

- Failing to strictly comply with the Ministry of Health’s regulations on sterilization, antisepsis and waste treatment when performing surgical, injection or acupuncture procedures for HIV prevention and control;

- Failing to notify relevant parties and take appropriate measures upon discovery of unconformable HIV testing;

- Charging for HIV tests performed in case of solicitation for judicial expertise or according to a decision of the investigating authority, people’s procuracy or people’s court or HIV tests for pregnant women of which costs are covered by other funding sources.

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

Thuy Tram

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE