Circular No. 01/2010/TT-BYT stipulates the responsibilities and procedures for reporting positive HIV test results.

CIRCULAR

Regulations on responsibility and procedures for reporting positive HIV test results

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Based on Decree No. 188/2007/NĐ-CP dated December 27, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Based on Clause 3, Article 30 of the Law on Prevention and Control of Infection with Viruses Causing Acquired Immune Deficiency Syndrome (HIV/AIDS) dated June 29, 2006;

The Minister of Health hereby stipulates the responsibilities and procedures for reporting positive HIV test results as follows:

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular stipulates the responsibilities and procedures for reporting positive HIV test results.

Article 2. This Circular applies to agencies, organizations, and individuals within Vietnam and foreign entities in Vietnam that are related to the responsibilities, procedures, and formalities for reporting positive HIV test results.

a) A serological diagnosis test result form according to the Model prescribed in Appendix No. 01 issued together with this Circular;

Article 2, Clause 1. Positive HIV test results may only be reported when such results have been confirmed by a laboratory that has been recognized by the Ministry of Health as having the necessary conditions to confirm HIV-positive cases pursuant to Decision No. 3052/2000/QĐ-BYT dated August 29, 2000 of the Minister of Health on the issuance of "Criteria for Laboratories Authorized to Confirm HIV-Positive Cases."

Article 2, Clause 2. Positive HIV test results may only be reported for those persons specified in Clause 1, Article 30 of the Law on Prevention and Control of Infection with Viruses Causing Acquired Immune Deficiency Syndrome (HIV/AIDS).

Article 2, Clause 3. Counseling must be provided before and after HIV testing for all individuals undergoing HIV testing in accordance with the counseling content prescribed by the Minister of Health.

Article 3. Counseling and Reporting Test Results

Clause 1. In cases where the person being tested is under 16 years old or lacks civil capacity, or has limited civil capacity, or has full civil capacity but is not fully capable: The person responsible for reporting positive HIV test results shall conduct counseling and report the test results to the father, mother, or guardian after counseling them. The notification of test results to these individuals can only be carried out after obtaining written consent from the father, mother, or guardian and after counseling the person being tested.

Clause 2. In cases where the person being tested is 16 years old or older: The person responsible for reporting positive HIV test results shall conduct counseling and report the test results after counseling the person being tested.

Clause 3. Only those who have been trained in HIV/AIDS prevention and counseling may provide counseling for reporting positive HIV test results.

Article 4. Time for Reporting Positive HIV Test Results

The reporting of positive HIV test results must be completed no later than 72 hours from the time the person responsible for reporting the test results at the place where the patient was sampled receives the positive HIV test result report, except in the following cases:

Clause 1. The person being tested arrives to collect the test results before the scheduled time.

Clause 2. The person being tested does not come to collect the test results.

Chapter II

RESPONSIBILITIES AND PROCEDURES FOR REPORTING POSITIVE HIV TEST RESULTS

Article 5. Responsibilities for Reporting Positive HIV Test Results

Clause 1. The head of the facility with a laboratory authorized to confirm HIV-positive cases.

Clause 2. Persons authorized by the heads of the following agencies and organizations:

a) Facilities with laboratories authorized to confirm HIV-positive cases as stipulated in Clause 1, Article 2 of this Circular;

b) Voluntary HIV counseling facilities;

c) Medical examination and treatment facilities;

d) Social welfare facilities;

đ) Prisons, educational institutions, and juvenile rehabilitation centers;

e) Treatment facilities established under the Administrative Violations Handling Ordinance;

g) Investigation agencies, people's procuratorates, and people's courts.

Clause 3. The heads and persons assigned by the heads of investigation agencies, people's procuratorates, and people's courts according to criminal procedure laws.

Clause 4. Authorization must be made in writing. The authorization document of the heads of agencies and organizations stipulated in Clauses 2 and 3 of this Article must clearly define the scope, content, and duration of the authorization to report positive HIV test results for the authorized person.

The person authorized by the heads of agencies and organizations stipulated in Clauses 2 and 3 of this Article must bear responsibility for their reporting of positive HIV test results to the authorizing party and to the law. The authorized person may not delegate further authority to another person.

Article 6. Procedure for notifying positive HIV test results to cases undergoing HIV testing at preventive healthcare facilities 1\. After receiving positive HIV test results, the person in charge of the testing department shall transfer the HIV test result notification form to the person in charge of the counseling department.

2\. Upon receipt of the HIV test result notification form, the person in charge of the counseling department shall directly provide counseling and notify the positive HIV test results to the tested individual, or assign another person to provide counseling and notify the positive HIV test results to the tested individual.

Article 7. Procedure for notifying positive HIV test results to cases undergoing voluntary HIV testing at counseling and testing centers

1\. After receiving positive HIV test results, the head of the facility shall transfer the HIV test result notification form to the person in charge of the counseling department. 2\. Upon receipt of the HIV test result notification form, the person in charge of the counseling department shall directly provide counseling before notifying the positive HIV test results to the tested individual, or assign another person to provide counseling before notifying the positive HIV test results to the tested individual.

Article 8. Procedure for notifying positive HIV test results to cases where the tested individual is a patient visiting a medical examination and treatment facility

1\. After receiving the test results, the person in charge of the testing department shall transfer the HIV test result notification form to the physician responsible for examining the patient.

2\. Upon receipt of the HIV test result notification form, the physician responsible for examining the patient shall directly provide counseling and notify the positive HIV test results to the tested individual: a\. In cases where the patient does not need hospitalization, the physician shall return the HIV test result notification form to the patient;

b\. In cases where the patient needs hospitalization for treatment, the physician shall transfer the medical record along with the HIV test result notification form to the head nurse of the ward or department where the patient will be transferred for treatment.

The head nurse of the ward or department where the patient is treated shall report to the head of the department to inform the physician and nurses directly caring for and treating the patient about the HIV infection status of the patient.

Article 9. Procedure for notifying positive HIV test results to cases where the tested individual is a patient currently being treated at medical examination and treatment facilities

1\. After receiving the test results from the testing department, the person in charge of the testing department shall transfer the HIV test result notification form to the head nurse of the ward or department where the patient is being treated.

2\. The head nurse of the ward or department where the patient is being treated shall be responsible for:

a\. Storing the HIV test result notification form in the patient's medical record; b\. Reporting to the head of the department to inform the physician and nurses directly caring for and treating the patient.

3\. The physician directly treating the patient shall be responsible for providing counseling and notifying the test results to the patient.

In cases where direct counseling cannot be provided to the patient, the physician directly treating the patient must request the spouse, husband, wife, father, mother, or guardian of the tested individual who is a minor, incapacitated, without capacity, or with limited capacity to attend the counseling department to receive counseling and notification of the test results.

4\. In cases where the patient needs to be transferred to another department, the head nurse of the ward or department where the patient is transferring from shall transfer the HIV test result notification form to the head nurse of the ward or department receiving the patient when transferring the medical record.

b) Report to the department head to inform the directly caring and treating physician and nurse.

3. The physician directly treating the patient shall be responsible for counseling and informing the patient of the test results.

In cases where direct counseling to the patient is not possible, the physician directly treating the patient must request that the spouse or partner of the person being tested, or the father, mother, or guardian of the person being tested who is a minor, lacks civil capacity, has no civil capacity, or has limited civil capacity, attend the counseling unit to receive counseling and notification of the test results.

4. When a patient needs to be transferred to another department, the head nurse of the department or ward from which the patient is being transferred must transfer the result response form to the head nurse of the receiving department or ward when transferring the medical record.

The head nurse of the department or ward receiving the patient is responsible for implementing the provisions set forth in Clause 2 of this Article.

5. In cases where the patient must be transferred to another hospital, the healthcare facility from which the patient is being transferred shall transfer the HIV positive test result response form along with the patient's medical record.

The head nurse of the department or ward receiving the patient is responsible for reporting the patient's HIV infection status to the department head so that the department head can inform the attending physician and nursing staff directly caring for and treating the patient.

6. In cases where the patient is discharged from the hospital, the HIV test result response form must be stored together with the patient's medical record.

Article 10. Procedure for Reporting Positive HIV Test Results for Patients Under Care at Social Welfare Facilities, Educational Institutions, Juvenile Rehabilitation Centers, Prisons, Detention Centers, and Healthcare Facilities (hereinafter referred to as "Facilities") medical facility (hereinafter referred to as the facility)

1. After obtaining the test results, the head of the Facility shall transfer the HIV positive test result response form to the person in charge of the health department or health room of the Facility.

2. The person in charge of the health department or health room is responsible for:

a) Storing the HIV positive test result response form in the medical record of the tested individual;

Point b) Informing the direct manager, caregiver, and treatment provider about the positive HIV status of the tested individual;

c) Conducting counseling or transferring the tested individual to a qualified facility for HIV/AIDS prevention and control counseling, or inviting counseling staff from a qualified facility for HIV/AIDS prevention and control to conduct counseling.

3. In cases where the tested individual is transferred to another facility: The head of the Facility from which the tested individual is being transferred is responsible for transferring the HIV test result response form along with the tested individual's medical record to the receiving facility.

4. In cases where the tested individual is taken care of by an organization or individual: The positive HIV test result may only be reported to the person directly caring for and supporting the individual.

5. In cases where the tested individual completes their management period at the Facility: The head of the Facility is responsible for storing the entire medical record of the individual at the Facility, while simultaneously informing the local HIV/AIDS prevention and control authority in the community where the HIV-infected individual returns to reside for continued monitoring and management.

Article 11. Procedure for Reporting Positive HIV Test Results for Individuals Tested Pursuant to Judicial Appraisal Requests or Decisions by Investigative Authorities, Public Prosecutors' Offices, or People's Courts conducted upon request for forensic examination or pursuant to the decision of the investigation agency, prosecution agency or people's court

1. After obtaining the test results, the head of the judicial appraisal request issuing authority or investigative authority, public prosecutor's office, or people's court shall transfer the HIV positive test result response form to the person in charge of handling the case.

2. The person in charge of handling the case is responsible for:

a) Safeguarding the HIV test result response form;

b) Only using the test results to resolve the case they are responsible for;

c) Notifying the head of the prison, detention center, or temporary holding facility where the HIV-infected individual is being managed. The head of the prison, detention center, or temporary holding facility where the HIV-infected individual is being managed is responsible for conducting counseling and reporting the positive HIV test result to the tested individual according to Article 10 of this Circular.

Chapter III

REGULATIONS ON THE TRANSPORTATION AND HANDOVER OF HIV POSITIVE TEST RESULT RESPONSE FORMS

Article 12. Provisions on the transportation and delivery of positive HIV test results

1. In cases where positive HIV test results are transported within the same facility: The positive HIV test result form must be placed in a sealed envelope with the recipient's full name and address clearly marked.

2. In cases where positive HIV test results are transported from one facility to another: The positive HIV test result form must be placed in a sealed envelope with the recipient's full name and address clearly marked, and sealed with the stamp of the sending facility that conducted the HIV test, except when the test result is transferred together with the patient's medical record.

Article 13. Provisions on the transportation and delivery of test results at facilities lacking the necessary conditions for confirming positive HIV cases 1. After collecting blood samples, the facility where the blood was collected must create a coded list of information about the individuals tested and send it to a qualified testing facility capable of confirming positive HIV cases.

2. The qualified testing facility capable of confirming positive HIV cases shall conduct the tests and provide the results according to the list sent by the blood collection facility.

3. Based on the list provided by the qualified testing facility capable of confirming positive HIV cases, the blood collection facility will separate the results into individual forms to be returned to the individuals tested. The notification of test results shall be carried out in accordance with Chapter II of this Circular.

Article 14. Responsibilities of heads of agencies and organizations where the notification of positive HIV test results takes place

Chapter IV

IMPLEMENTATION

1. To disseminate the provisions of this Circular to all employees under their management. 2. To assign staff to advise and notify the results of HIV tests.

Article 15. Responsibilities of the Provincial Health Departments

To organize the implementation, inspection, and supervision of the enforcement of the provisions of this Circular within their jurisdiction.

Article 16. Responsibilities of the AIDS Prevention and Control Department

To organize the implementation, inspection, and supervision of the enforcement of the provisions of this Circular throughout the country.

This Circular takes effect from March 1, 2010.

Organize the implementation, inspection, and supervision of the enforcement of the provisions of this Circular throughout the country.

Chapter V

IMPLEMENTING PROVISIONS

Article 17. Reference Provisions

In cases where the referenced documents in this document are replaced or amended, implementation shall be in accordance with the replacement or amended document.

Article 18. Effective Date

This Circular takes effect from March 1, 2010.

During implementation, if there are any difficulties, agencies, organizations, and individuals are requested to report them to the Ministry of Health (HIV/AIDS Prevention and Control Department) for consideration and resolution./.