JOINT CIRCULAR

Guidelines for Implementing Decision No. 22/2003/QĐ-TTg dated January 30, 2003 of the Government on the regime for cadres 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

In accordance with Decision No. 22/2003/QĐ-TTg dated January 30, 2003 of the Government stipulating the regime for cadres 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, the Ministry of Public Security, the Ministry of Finance, the Ministry of Home Affairs, and the Ministry of Labour, Invalids and Social Affairs jointly issue the following guidelines for implementation:

Chapter I. Subsidy Regime:

1. Eligible Recipients of the Subsidy:

Medical staff, warders, educational and vocational training staff, heads of sub-camps, heads of sub-zones, investigators, security guards working at prisons, detention centers, educational facilities, juvenile correctional schools, and class teachers in juvenile correctional schools belonging to the People's Public Security Force who regularly (daily) come into direct contact with individuals infected with HIV/AIDS at the aforementioned units.

2. Subsidy levels:

- The amount of 120,000 VND per person per month shall be applied to the recipients mentioned in Point 1, Section I of this Circular currently working at detention stations, detention centers, educational facilities, and juvenile correctional schools where the proportion of prisoners, detainees, and students infected with HIV/AIDS is 10% or more.

- The amount of 100,000 VND per person per month shall be applied to the recipients mentioned in Point 1, Section I of this Circular currently working at detention stations, detention centers, educational facilities, and juvenile correctional schools where the proportion of prisoners, detainees, and students infected with HIV/AIDS is less than 10%.

The proportion of prisoners, detainees, and students infected with HIV/AIDS shall be determined based on the number of individuals confirmed to be infected with HIV/AIDS by the provincial preventive health agency where the unit is located, relative to the total number of prisoners, detainees, and students present at the unit at the time of reporting.

3. Principles of Payment:

The subsidy level specified in Point 2, Section I of this Circular shall only be paid to cadres and soldiers during the period they are directly engaged in management, education, care, and medical examination and treatment of individuals infected with HIV/AIDS (hereinafter referred to as the period of work eligible for subsidy).

4. Method of Payment:

The aforementioned subsidy shall be paid together with monthly salary. In cases where the recipient of the subsidy (as mentioned in Point 1, Section I) works for the period eligible for subsidy but does not complete the entire month, the method of payment shall be as follows:

- If the work eligible for subsidy is performed for 16 days or more per month, then 100% of the subsidy shall be received.

- If the work eligible for subsidy is performed for fewer than 16 days per month, then 50% of the subsidy shall be received.

Chapter II. Regime and Procedures, Documents for Resolving the Regime for Cadres and Soldiers of the Public Security Force Infected with HIV/AIDS While Performing Their Duties:

1. When cadres and soldiers of the Public Security Force are attacked by criminals while performing their duties and their skin or mucous membranes come into direct contact with the blood or biological fluids of individuals infected with HIV/AIDS (exposure to HIV), the unit directly managing these cadres and soldiers must record the incident in a report (signed and stamped by the head of the unit or a representative of the local authority where the incident occurred) to be kept in the file; simultaneously, organize for the cadres and soldiers to undergo testing at a healthcare facility to diagnose HIV infection. The regime for cadres and soldiers of the Public Security Force exposed to HIV shall be implemented according to current laws governing the regime for civil servants, public officials, and employees exposed to HIV.

2. Cadres and soldiers falling under Point 1, Section II of this Circular, when officially diagnosed by a competent health agency as being infected with the HIV virus (positive test result), shall enjoy the following benefits and policies:

- They shall be assigned suitable work by the unit.

- They shall be prioritized for medical examination and treatment, and provided with specific medications, medications to improve physical condition, and medications to treat opportunistic infections caused by HIV/AIDS, in accordance with the guidelines of the Ministry of Health.

- They shall continue to receive full salary and other allowances and supplements they were previously receiving during the period of medical examination and treatment.

- They shall be entitled to the veteran benefits policy when meeting the conditions stipulated in Decree No. 28/CP dated April 29, 1995 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Revolutionary Activists, Martyrs, and Families of Martyrs, War Invalids, Veterans, and Those Who Contributed to the Revolution.

3. Procedures and Documents for Requesting Resolution of Veteran Benefits and Recognition as a Martyr for Cadres and Soldiers of the Public Security Force Infected with HIV/AIDS as Mentioned in Point 1, Section II of this Circular.

a. Procedures and Documents for Requesting Resolution of Veteran Benefits:

- The application for resolution of veteran benefits and recognition as a martyr for cadres and soldiers infected with HIV/AIDS shall be prepared and reported to the Ministry of Public Security, including:

+ Incident report (mentioned in Point 1, Section II of this Circular)

+ Test results and conclusions from the health agency conducting the HIV/AIDS test.

+ Personal information form.

+ Medical diagnosis report.

- Based on the application documents submitted by various levels of the Public Security, the Ministry of Public Security will examine and issue certificates of veteran status and veteran benefit vouchers to cadres and soldiers, and resolve veteran benefits according to Point 2, Section II, Part C of Joint Circular No. 16/1998/TTLT-BLDTBXH-BQP-BCA dated November 25, 1998 of the Ministry of Labour, Invalids and Social Affairs, Ministry of National Defence, and Ministry of Public Security guiding certain points regarding the recognition and resolution of benefits for martyrs and families of martyrs, war invalids, those enjoying benefits equivalent to war invalids, and veterans. b. Procedures and Documents for Requesting Recognition as a Martyr:

Application for Recognition as a Martyr:

-+ Incident report (mentioned in Point 1, Section II of this Circular).

+ Test results and conclusions from the health agency conducting the HIV/AIDS test.

+ Personal information form.

Personal form.

+ Medical records from treatment and death certificates issued by hospitals, clinics, or health centers where officers and soldiers received treatment. In cases of death at home, in addition to medical records, there must also be confirmation from the People's Committee of the commune or ward where the deceased resided regarding the case of death.

+ A death notice signed by the head of the provincial or centrally-administered city Public Security agency or equivalent.

+ A certificate confirming the relationship of the officer or soldier's relatives who are being considered for recognition as烈士, issued by the People's Committee of the commune or ward where the relatives reside.

- The direct managing agency of officers and soldiers shall retain one set of files and be responsible for monitoring and transferring the file for the recognition of烈士and the resolution of烈士benefits to the Department of Labor, Invalids, and Social Affairs where the烈士family resides until all benefits have been resolved for the烈士.

Chapter III. Implementation:

1- The Ministry of Public Security is responsible for monitoring and assessing the ratio of individuals infected with HIV/AIDS currently under management, detention, or education in each prison, temporary detention center, educational facility, or juvenile rehabilitation center, and inspecting the implementation of regulations concerning the benefits for public security officers as stipulated in this Circular.

2- Based on the ratio of individuals infected with HIV/AIDS in each prison, temporary detention center, educational facility, or juvenile rehabilitation center that has been determined, the heads of public security units and localities shall report to the Ministry of Public Security every six months to determine the number of officers eligible for additional allowances in each prison, temporary detention center, educational facility, or juvenile rehabilitation center.

3- The funding for the additional allowances provided to public security officers infected with HIV/AIDS as stipulated in this Circular shall come from the State budget within the annual regular expenditure budget of the Ministry of Public Security. For the expenses to implement the allowance 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 who are infected with HIV/AIDS while performing their duties due to attacks by criminals, or who become infected during the management, education, care, examination, and treatment of individuals infected with HIV/AIDS in prisons, temporary detention centers, educational facilities, or juvenile rehabilitation centers before Decision No. 22/2003/QĐ-TTg dated January 30, 2003 of the Prime Minister comes into effect, shall also be entitled to the benefits for disabled veterans and烈士as stipulated 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 any issues arise, units and localities are requested to report them to the Ministry of Public Security - Ministry of Finance - Ministry of Interior - Ministry of Labor, Invalids, and Social Affairs for research and resolution.

DEPUTY MINISTER OF FINANCE DEPUTY MINISTER OF PUBLIC SECURITY

DEPUTY MINISTER DEPUTY MINISTER

(SIGNED) (SIGNED)

Tran Van Ta Nguyen Khanh Toan

DEPUTY MINISTER OF INTERIOR DEPUTY MINISTER OF LABOR, INVALIDS AND SOCIAL AFFAIRS

Nguyen Trong Dieu Dam Huu Dac

DEPUTY MINISTER

Tran Van Ta Nguyen Khanh Toan

Nguyen Trong Dieu Dam Huu Duc