Fines for violations against HIV anti-discrimination regulations in Vietnam

Fines for violations against HIV anti-discrimination regulations in Vietnam (Internet image)

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

1. Stigmatizing and discriminating against HIV-infected people is prohibited in Vietnam

According to Clause 3, Article 8 of the Law on HIV/AIDS prevention and control 2006, stigmatizing and discriminating against HIV-infected people is one of the prohibited acts in the Law.

2. Fines for violations against HIV anti-discrimination regulations in Vietnam

Specifically, in Clauses 1, 2, 3, Article 23 of Decree 117/2020/ND-CP, individuals and organizations in Vietnam that discriminate against HIV-infected people will be subject to the following fines:

(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.

Note: The fine imposed on an organization is twice as much as that imposed on an individual for the same administrative violation. (Clause 5, Article 4 of Decree 117/2020/ND-CP)

In addition to the above administrative fines, individuals and organizations must also take remedial measures as follows:

- Enforced receipt and burial or cremation of HIV-infected bodies or remains in case of commission of the violation in Point d Clause 1 of Article 23 of Decree 117/2020/ND-CP;

- Enforced admission of HIV-infected persons in case of commission of the violation in Point b or c Clause 2 or Point a Clause 3 of Article 23 of Decree 117/2020/ND-CP;

- The violating entity is compelled to make direct apologies to persons who have been unfairly discriminated against in case of commission of the violation in Point e Clause 2 or Point dd Clause 3 of Article 23 of Decree 117/2020/ND-CP;

- The entity committing the violation in Point b Clause 3 of Article 23 of Decree 117/2020/ND-CPis compelled to re-assign employees to their previous job positions;

- Enforced provision of lawful rights and benefits to HIV-infected employees in case of commission of the violation in Point c Clause 3 of Article 23 of Decree 117/2020/ND-CP;

- The entity committing the violation in Point d Clause 3 of this Article is compelled to abrogate the decision to discipline or expel pupil, student or trainee for HIV infection;

- Enforced removal of violating elements in case of commission of the violation in Point dd Clause 3 of Article 23 of Decree 117/2020/ND-CP.

If violating elements cannot be removed, medical products shall be destroyed.

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