Joint Circular No. 03/2004/TTLT/BCA-BTC-BNV-BLDTB guiding the implementation of Decision No. 22/2003/QD-TTg dated January 30, 2003 of the Prime Minister on the regime for officers and soldiers of the People's Public Security Force directly engaged in management, education, care, medical examination and treatment, and struggle against individuals infected with HIV/AIDS.

JOINT CIRCULAR

GUIDING THE IMPLEMENTATION OF DECISION NO. 22/2003/QD-TTg, JANUARY 30, 2003, OF THE GOVERNMENT PRIME MINISTER ON REGULATIONS FOR STAFF AND SOLDIERS OF THE NATIONAL POLICE FORCE ENGAGED IN MANAGEMENT, EDUCATION, CARE, MEDICAL TREATMENT, AND STRUGGLE AGAINST PERSONS INFECTED WITH HIV/AIDS

IMPLEMENTING DECISION 22/2003/QD-TTg, JANUARY 30, 2003, OF THE GOVERNMENT PRIME MINISTER ON REGULATIONS FOR STAFF AND SOLDIERS OF THE NATIONAL POLICE FORCE ENGAGED IN MANAGEMENT, EDUCATION, CARE, MEDICAL TREATMENT, AND STRUGGLE AGAINST PERSONS INFECTED WITH HIV/AIDS, THE MINISTRY OF PUBLIC SECURITY, THE MINISTRY OF FINANCE, THE MINISTRY OF HOME AFFAIRS, AND THE MINISTRY OF LABOR, INVALIDS, AND SOCIAL AFFAIRS ISSUE THIS JOINT CIRCULAR TO PROVIDE GUIDANCE ON THE IMPLEMENTATION AS FOLLOWS:

I. SUBSIDY REGIME:

ELIGIBLE RECIPIENTS OF THE SUBSIDY:

Medical staff, warders, education and vocational training officers, head of sections, head of zones, investigators, security guards working at prisons, detention centers, educational facilities, and juvenile correctional schools under the National Police Force who regularly (daily) directly interact with persons infected with HIV/AIDS.  HIV/AIDS AT THE ABOVE MENTIONED UNITS.

2. Subsidy levels:

AMOUNT OF 120,000 VND PER PERSON PER MONTH: APPLIES TO THE ELIGIBLE RECIPIENTS MENTIONED IN POINT 1, SECTION I OF THIS CIRCULAR WHO ARE WORKING AT PRISONS, DETENTION CENTERS, EDUCATIONAL FACILITIES, AND JUVENILE CORRECTIONAL SCHOOLS WHERE THE RATIO OF PRISONERS, DETAINees, AND STUDENTS INFECTED WITH HIV/AIDS IS 10% OR MORE.

AMOUNT OF 100,000 VND PER PERSON PER MONTH: APPLIES TO THE ELIGIBLE RECIPIENTS MENTIONED IN POINT 1, SECTION I OF THIS CIRCULAR WHO ARE WORKING AT PRISONS, DETENTION CENTERS, EDUCATIONAL FACILITIES, AND JUVENILE CORRECTIONAL SCHOOLS WHERE THE RATIO OF PRISONERS, DETAINees, AND STUDENTS INFECTED WITH HIV/AIDS  IS LESS THAN 10%.

THE RATIO OF PRISONERS, DETAINees, AND STUDENTS INFECTED WITH HIV/AIDS   SHALL BE DETERMINED BASED ON THE NUMBER OF PERSONS WHO HAVE BEEN TESTED AND CONFIRMED TO BE INFECTED WITH HIV/AIDS BY THE PROVINCE HEALTH PREVENTION AGENCY WHERE THE UNIT IS LOCATED, DIVIDED BY THE TOTAL NUMBER OF PRISONERS, DETAINees, AND STUDENTS PRESENT AT THE UNIT AT THE REPORTING TIME.   THE RATIO OF PRISONERS, DETAINees, AND STUDENTS INFECTED WITH HIV/AIDS

SHALL BE DETERMINED BASED ON THE NUMBER OF PERSONS WHO HAVE BEEN TESTED AND CONFIRMED TO BE INFECTED WITH HIV/AIDS BY THE PROVINCE HEALTH PREVENTION AGENCY WHERE THE UNIT IS LOCATED, DIVIDED BY THE TOTAL NUMBER OF PRISONERS, DETAINees, AND STUDENTS PRESENT AT THE UNIT AT THE REPORTING TIME.

PAYMENT PRINCIPLES:  THE SUBSIDY LEVEL MENTIONED IN POINT 2, SECTION I OF THIS CIRCULAR SHALL ONLY BE PAID TO STAFF AND SOLDIERS DURING THE TIME THEY ARE DIRECTLY ENGAGED IN MANAGEMENT, EDUCATION, CARE, AND MEDICAL TREATMENT OF PERSONS INFECTED WITH HIV/AIDS

(HEREINAFTER REFERRED TO AS THE TIME OF PERFORMING THE SUBSIDIZED TASK).

METHOD OF PAYMENT:

THE SUBSIDY MENTIONED ABOVE SHALL BE PAID SIMULTANEOUSLY WITH THE MONTHLY SALARY. IF THE ELIGIBLE RECIPIENT (MENTIONED IN POINT 1, SECTION I) PERFORMS THE SUBSIDIZED TASK FOR LESS THAN A FULL MONTH, THE PAYMENT SHALL BE CALCULATED AS FOLLOWS:

IF THE ELIGIBLE RECIPIENT PERFORMS THE SUBSIDIZED TASK FOR 16 DAYS OR MORE PER MONTH, THEY SHALL RECEIVE 100% OF THE SUBSIDY.

IF THE ELIGIBLE RECIPIENT PERFORMS THE SUBSIDIZED TASK FOR LESS THAN 16 DAYS PER MONTH, THEY SHALL RECEIVE 50% OF THE SUBSIDY.  II. REGULATIONS AND PROCEDURES FOR HANDLING BENEFITS FOR STAFF AND SOLDIERS OF THE NATIONAL POLICE FORCE INFECTED WITH HIV/AIDS

WHILE PERFORMING THEIR DUTIES:   1- STAFF AND SOLDIERS OF THE NATIONAL POLICE FORCE WHO ARE ATTACKED BY CRIMINALS WHILE PERFORMING THEIR DUTIES AND WHOSE SKIN OR MUCOUS MEMBRANE COMES INTO DIRECT CONTACT WITH BLOOD OR BIOLOGICAL FLUIDS FROM PERSONS INFECTED WITH HIV/AIDS

(EXPOSED TO HIV) SHALL HAVE THE UNIT DIRECTLY MANAGING THEM RECORD THE INCIDENT IN A REPORT (SIGNED AND STAMPED BY THE HEAD OF THE UNIT OR LOCAL AUTHORITY WHERE THE INCIDENT OCCURRED), WHICH SHALL BE KEPT IN THE FILE; AT THE SAME TIME, THE UNIT SHALL ORGANIZE FOR THE STAFF OR SOLDIER TO BE TESTED FOR HIV AT A HEALTH FACILITY.

REGULATIONS FOR STAFF AND SOLDIERS OF THE NATIONAL POLICE FORCE WHO ARE EXPOSED TO HIV SHALL BE IMPLEMENTED IN ACCORDANCE WITH CURRENT LAWS ON REGULATIONS FOR STAFF AND OFFICIALS WHO ARE EXPOSED TO HIV.

They shall be assigned appropriate work by the unit.

2- STAFF AND SOLDIERS MENTIONED IN POINT 1, SECTION II OF THIS CIRCULAR WHO ARE OFFICIALLY DIAGNOSED BY AN AUTHORIZED HEALTH FACILITY AS INFECTED WITH HIV (TEST RESULT IS POSITIVE) SHALL ENJOY THE FOLLOWING BENEFITS AND POLICIES:

They shall continue to receive full salary and other subsidies and allowances during the period of medical examination and treatment.

PRIORITY ACCESS TO MEDICAL TREATMENT AND MEDICATION AT STATE HEALTH FACILITIES AND THE MINISTRY OF PUBLIC SECURITY'S HEALTH FACILITIES; SPECIFIC TREATMENT MEDICATION, IMMUNE SYSTEM BOOSTING MEDICATION, AND MEDICATION FOR OPPORTUNISTIC INFECTIONS CAUSED BY HIV/AIDS, ACCORDING TO GUIDELINES OF THE MINISTRY OF HEALTH.

ENJOY THE DISABLED VETERAN POLICY WHEN MEETING THE REQUIREMENTS SET OUT IN DECREE NO. 28/CP, APRIL 29, 1995, OF THE GOVERNMENT ON THE DETAILING AND GUIDANCE FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE ORDINANCE ON PRIVILEGES FOR REVOLUTIONARY ACTIVISTS, MARTYRS, AND THEIR FAMILIES, DISABLED VETERANS, AND PERSONS WHO CONTRIBUTED TO THE REVOLUTIONARY CAUSE.

3- PROCEDURES AND DOCUMENTS FOR APPLYING FOR DISABLED VETERAN BENEFITS AND RECOGNITION AS A MARTYR FOR STAFF AND SOLDIERS OF THE NATIONAL POLICE FORCE INFECTED WITH HIV/AIDS MENTIONED IN POINT 1, SECTION II OF THIS CIRCULAR.

a/ PROCEDURES AND DOCUMENTS FOR APPLYING FOR DISABLED VETERAN BENEFITS:

APPLICATION DOCUMENTS FOR DISABLED VETERAN BENEFITS AND RECOGNITION AS A MARTYR FOR STAFF AND SOLDIERS INFECTED WITH HIV/AIDS SHALL BE COMPLETED AND REPORTED TO THE MINISTRY OF PUBLIC SECURITY, INCLUDING:

INCIDENT REPORT (AS MENTIONED IN POINT 1, SECTION II OF THE CIRCULAR)

HIV/AIDS TESTING RESULTS AND CONCLUSIONS FROM THE HEALTH FACILITY THAT PERFORMED THE TEST.

INDIVIDUAL FORM

DISEASE APPRAISAL REPORT.

BASED ON THE APPLICATION DOCUMENTS OF THE VARIOUS LEVELS OF THE POLICE, THE MINISTRY OF PUBLIC SECURITY WILL REVIEW AND ISSUE DISABILITY CERTIFICATES AND DISABILITY ALLOWANCE FORMS TO STAFF AND SOLDIERS, AND IMPLEMENT DISABILITY BENEFITS ACCORDING TO THE PROVISIONS IN POINT 2, SECTION II, PART C OF JOINT CIRCULAR NO. 16/1998/TTLT-BLDTBXH-BQP-BCA, NOVEMBER 25, 1998, OF THE MINISTRY OF LABOR, INVALIDS, AND SOCIAL AFFAIRS - MINISTRY OF NATIONAL DEFENSE - MINISTRY OF PUBLIC SECURITY ON SOME POINTS REGARDING THE RECOGNITION AND IMPLEMENTATION OF BENEFITS FOR MARTYRS AND THEIR FAMILIES, DISABLED VETERANS, AND PERSONS WHO ENJOY THE SAME BENEFITS AS DISABLED VETERANS.

b/ PROCEDURES AND DOCUMENTS FOR APPLYING FOR RECOGNITION AS A MARTYR:

APPLICATION DOCUMENTS FOR RECOGNITION AS A MARTYR:

INCIDENT REPORT (AS MENTIONED IN POINT 1, SECTION II OF THE CIRCULAR)

INCIDENT REPORT (AS MENTIONED IN POINT 1, SECTION II OF THE CIRCULAR).

INDIVIDUAL FORM.

TREATMENT RECORD AND DEATH CERTIFICATE FROM THE HOSPITAL, CLINIC, OR HEALTH CENTER WHERE THE STAFF OR SOLDIER WAS TREATED. IN CASE OF DEATH AT HOME, IN ADDITION TO THE TREATMENT RECORD, THERE MUST ALSO BE A CERTIFICATION FROM THE LOCAL COMMUNITY COMMITTEE WHERE THE DECEASED RESIDES ABOUT THE DEATH.

DEATH NOTICE ISSUED BY THE HEAD OF THE PROVINCE OR CITY POLICE DEPARTMENT OR EQUIVALENT.

The agency directly managing officers and soldiers shall retain one set of files and be responsible for monitoring and transferring the files for recognition of烈士身份和解决烈士权益，直至处理完毕。  解决烈士权益。

III. Implementation:

1. The Ministry of Public Security shall be responsible for monitoring and assessing the proportion of individuals infected with HIV/AIDS currently under management and detention in each prison, temporary detention center, educational facility, and juvenile rehabilitation school, and checking the implementation of benefits for public security officers and soldiers as stipulated in this Circular.

2. Based on the proportion of individuals infected with HIV/AIDS in each prison, temporary detention center, educational facility, and juvenile rehabilitation school that has been determined, the head of each unit and locality shall report to the Ministry of Public Security every six months to determine the number of officers and soldiers eligible for additional allowances at each prison, temporary detention center, educational facility, and juvenile rehabilitation school.

3. The funding for the additional allowances provided for public security officers and soldiers infected with HIV/AIDS as stipulated in this Circular shall come from the state budget allocated in the annual regular expenditure budget of the Ministry of Public Security. For the expenses to implement the system in 2003, the Ministry of Public Security will coordinate with the Ministry of Finance to report to the Government for supplementary funding.

4. Public Security officers and soldiers who are infected with HIV/AIDS while performing their duties and are attacked by criminals, or who are infected with HIV/AIDS during the management, education, care, examination, and treatment of infected individuals in prisons, temporary detention centers, educational facilities, and juvenile rehabilitation schools before the effective date of Decision No. 22/2003/QĐ-TTg dated January 30, 2003 of the Prime Minister, shall also be entitled to the disability and martyrship benefits specified in Section II of this Circular.

5. This Circular  shall take effect fifteen days after its publication in the Official Gazette. The provisions of this Circular shall be implemented starting March 1, 2003.

6. During the implementation process, if there are any difficulties, units and localities are requested to reflect them to the Ministry of Public Security – Ministry of Finance – Ministry of Home Affairs – Ministry of Labor, Invalids and Social Affairs for research and resolution.