Joint Circular No. 03/2004/TTLT-BCA-BTC-BNV-BLDTBXH 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

Guidelines for implementing Decision No. 22/2003/QĐ-TTg dated January 30, 2003 of the Government Chairman regarding 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.

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

I. SUBSIDY REGIME

1. Recipients of the subsidy regime:

Medical staff, prison guards, educational and vocational training staff, ward chiefs, zone chiefs, investigators, security guards working at prisons, detention centers, educational facilities, juvenile correctional schools, and head teachers in juvenile correctional schools under the People's Public Security Force who regularly (daily) come into direct contact with individuals infected with HIV/AIDS at these units.

2. Subsidy levels:

- Amount of 120,000 VND/person/month: Applies to the recipients mentioned in Point 1 of Section I of this Joint Circular currently working at prisons, detention centers, educational facilities, and juvenile correctional schools where the proportion of prisoners, detainees, and students infected with HIV/AIDS is 10% or more.

- Amount of 100,000 VND/person/month: Applies to the recipients mentioned in Point 1 of Section I of this Joint Circular currently working at prisons, 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 is determined based on the number of individuals confirmed to be infected with HIV/AIDS by provincial preventive health agencies where the units are 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 amount specified in Point 2 of Section I of this Joint Circular shall only be paid to officers and soldiers during their time 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 amount is paid together with monthly salary. For recipients of the subsidy regime (mentioned in Point 1 of Section I) who perform work eligible for subsidy for less than a full month, the method of payment is as follows:

- If the work eligible for subsidy is performed for 16 days or more per month, they will receive 100% of the subsidy amount.

- If the work eligible for subsidy is performed for fewer than 16 days per month, they will receive 50% of the subsidy amount.

II. REGIME AND PROCEDURES, DOCUMENTS FOR RESOLVING THE REGIME FOR OFFICERS AND SOLDIERS OF THE PUBLIC SECURITY FORCE INFECTED WITH HIV/AIDS WHILE PERFORMING DUTIES

1. When officers and soldiers of the Public Security Force are attacked by criminals while performing duties and their skin or mucous membranes come into direct contact with blood or biological fluids of individuals infected with HIV/AIDS (exposure to HIV), the unit directly managing those officers and soldiers must record the incident in a report (signed and stamped by the unit leader or local government representative where the incident occurred) and file it in the records; simultaneously, organize for those officers and soldiers to undergo testing for HIV infection at healthcare facilities.

The regime for officers and soldiers of the Public Security Force exposed to HIV is implemented according to current laws governing the regime for civil servants and public officials exposed to HIV.

2. Officers and soldiers mentioned in Point 1 of Section II of this Joint Circular, when officially diagnosed by authorized health authorities as being infected with HIV (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, provided with specific medications, nutritional supplements, and treatments for opportunistic infections caused by HIV/AIDS, according to the guidelines of the Ministry of Health.

- They shall continue to receive their full salary and other subsidies and allowances they were receiving (if any) during the period of medical examination and treatment.

- They shall be entitled to the veteran 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 Their Families, War Invalids, and Those Who Have Contributed to the Revolution.

- Upon death, they may be recommended for recognition as martyrs according to the provisions of 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 Their Families, War Invalids, and Those Who Have Contributed to the Revolution.

3. Procedures and documents for requesting resolution of the veteran policy and recommendation for recognition as martyrs for officers and soldiers of the Public Security Force infected with HIV/AIDS as mentioned in Point 1 of Section II of this Joint Circular.

a) Procedures and documents for requesting resolution of the veteran policy:

- The application for resolution of the veteran policy is prepared by the Public Security agencies directly managing the officers and soldiers infected with HIV/AIDS and reported to the Ministry of Public Security, including:

+ Incident report (as mentioned in Point 1 of Section II of this Joint Circular).

+ HIV/AIDS testing and conclusion from the health agency conducting the tests.

+ Personal information form.

+ Medical examination report.

- Based on the application documents submitted above, the Ministry of Public Security will review and issue certificates of war invalid status and war invalid benefit certificates to the officers and soldiers, and resolve their war invalid rights according to Point 2 of Section II of Part C of Joint Circular No. 16/1998/TTLT-BLĐTBXH-BQP-BCA dated November 25, 1998 of the Ministry of Labor, Invalids and Social Affairs, the Ministry of National Defense, and the Ministry of Public Security guiding certain aspects of recognizing and resolving rights for martyrs and their families, war invalids, and those enjoying benefits equivalent to war invalids.

b) Procedures and documents for requesting recognition as a martyr:

- Application for recognition as a martyr:

+ Incident report (as mentioned in Point 1 of Section II of this Joint Circular).

+ HIV/AIDS testing and conclusion from the health agency conducting the tests.

+ Personal information form.

+ Medical records from treatment and death certificates issued by hospitals, clinics, or health centers where officers and soldiers were treated. 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 officers and soldiers for whom recognition as烈士 is being sought, established 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 files for the recognition of烈士 status and the resolution of烈士 benefits to the Department of Labor, Invalids, and Social Affairs where the烈士's family resides until all benefits have been resolved for the烈士.

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 correctional institution, and inspecting the implementation of regulations concerning the benefits for Public Security officers as stipulated in this Joint Circular.

2. Based on the ratio of individuals infected with HIV/AIDS in each prison, temporary detention center, educational facility, or juvenile correctional institution 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 correctional institution.

3. The source of 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 allocated in 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 become infected with HIV/AIDS while performing their duties and are attacked by criminals, or who become infected with HIV/AIDS before the effective date of Decision No. 22/2003/QĐ-TTg dated January 30, 2003 of the Prime Minister during the management, education, care, examination, and treatment of individuals infected with HIV/AIDS in prisons, temporary detention centers, educational facilities, or juvenile correctional institutions shall also be entitled to the benefits for disabled veterans and烈士as stipulated in Section II of this Joint Circular.

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

6. During the implementation process, if any issues arise, 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.