Circular No. 04/2023/TT-BYT stipulates the form and procedure for reporting positive HIV test results and accessing information about HIV-infected individuals.

CIRCULAR

Regulations on the form and procedure for reporting positive HIV test results and accessing information about people infected with HIV

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Pursuant to the Law on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV/AIDS) No. 64/2006/QH11 dated June 29, 2006; the Law Amending and Supplementing Certain Provisions of the Law on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV/AIDS) No. 71/2020/QH14 dated November 16, 2020;

Pursuant to Decree No. 95/2022/NĐ-CP dated November 15, 2022 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to the proposal of the Director of the HIV/AIDS Prevention and Control Department;

The Minister of Health issues this Circular stipulating the form and procedure for reporting positive HIV test results and accessing information about people infected with HIV.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular stipulates the form and procedure for reporting positive HIV test results and accessing information about people infected with HIV.

Article 2. Issuing, transferring, and receiving the Positive HIV Test Result Form

1. HIV testing facilities collect information from individuals confirmed to have a positive HIV test result according to the content specified in the Model Positive HIV Test Result Form attached to this Circular, compare it with the documents prescribed in Clause 2, Article 29 of the Law on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV/AIDS), amended and supplemented by Clause 9, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV/AIDS) (hereinafter referred to as the Law on Prevention and Control of HIV/AIDS), and issue the Positive HIV Test Result Form (hereinafter referred to as the Form) at facilities that meet the conditions for conducting confirmatory HIV tests or send it to facilities that meet the conditions for conducting confirmatory HIV tests as a basis for issuing the Form.

2. Issuing the Positive HIV Test Result Form

a) The Positive HIV Test Result Form is issued in accordance with the provisions set out in the Model Positive HIV Test Result Form attached to this Circular;

b) The Positive HIV Test Result Form must be issued in a minimum of three copies: one copy retained at the facility designated to conduct confirmatory HIV tests, one copy retained at the facility conducting confirmatory HIV tests, and one copy returned to the individual who underwent the HIV test.

3. Transfer and receipt of the Positive HIV Test Result Form

a) Transfer and receipt of the Positive HIV Test Result Form between departments and units within a healthcare facility: The head of the testing facility is responsible for establishing the procedure for transferring and receiving the Form within each healthcare facility to ensure the confidentiality of the test results, information, and HIV infection status of the tested individual;

b) Transfer and receipt of the Positive HIV Test Result Form from the confirmatory HIV testing facility to the person responsible as stipulated in Clause 2, Article 30 of the Law on Prevention and Control of HIV/AIDS: The Form must be placed in a sealed envelope, clearly marked with the name of the organization, address, and telephone number (if available) of the sending testing facility, and sealed with the stamp of the sending testing facility;

c) Transfer of the Positive HIV Test Result Form through the hospital information management system or the HIV/AIDS information management system.

Article 3. Timeframe for Reporting Positive HIV Test Results

Reporting positive HIV test results must be completed no later than 72 working hours from when the person responsible for reporting the test results at the facility where the patient's sample was taken receives the Positive HIV Test Result Form, except in the following cases:

1. The individual undergoing the HIV test does not come to collect the test result.

2. The individual undergoing the HIV test is unable to receive information about their positive HIV status due to poor health, and the person responsible for reporting the positive HIV test result selects an appropriate time to report to the individual.

Chapter II

FORM AND PROCEDURE FOR REPORTING

POSITIVE HIV TEST RESULTS

Article 4. Forms of Notifying Positive HIV Test Results

1. Direct notification and delivery of the Certificate to the subjects specified in points a and b, Clause 2, Article 30 of the Law on Prevention and Control of HIV/AIDS.

2. Direct notification or delivery of the Certificate to the subjects specified in points c, d, and đ, Clause 2, Article 30 of the Law on Prevention and Control of HIV/AIDS.

3. Delivery of the Certificate to the subjects specified in points e and g, Clause 2, Article 30 of the Law on Prevention and Control of HIV/AIDS.

4. Other appropriate forms of notification according to the requirements of the person undergoing the HIV test.

Article 5. Procedure for Notifying Positive HIV Test Results for Persons Undergoing HIV Testing Who Seek Medical Treatment at Healthcare Facilities

1. After receiving the Certificate, the testing department retains one Certificate and transfers one Certificate to the doctor directly examining the person undergoing HIV testing.

2. The doctor directly advises and delivers the Certificate to the person undergoing HIV testing or transfers the Certificate to the person assigned to advise and deliver the Certificate to the person undergoing HIV testing.

3. In cases where the person undergoing HIV testing must be admitted to a healthcare facility for treatment, the doctor transfers the Certificate along with the medical record to the ward or department where the HIV-tested person is transferred. The person assigned to the ward or department where the HIV-tested person is treated has the responsibility to notify the head of the ward, the doctor, and the nursing staff directly caring for and treating the patient.

4. In cases where the person undergoing HIV testing is transferred to another healthcare facility, it shall be carried out as follows:

a) For transfer to treat HIV/AIDS, the healthcare facility transfers the Certificate to the healthcare facility accepting the patient;

b) For transfer to treat other diseases and to implement medical technical procedures as stipulated in Clause 4, Article 6 of this Circular.

5. In cases where the person undergoing HIV testing is under 18 years old, a person without civil capacity, a person with difficulty in understanding and controlling their behavior, or a person with limited civil capacity, the notification and delivery of the Certificate shall be carried out as follows:

a) Notification and delivery of the Certificate shall be conducted simultaneously for persons under 15 years old, persons without civil capacity, persons with difficulty in understanding and controlling their behavior, persons with limited civil capacity, and their parents or guardians or representatives;

b) Notification, delivery of the Certificate, and counseling for persons undergoing HIV testing aged 15 to under 18 years old shall be conducted before notifying the positive HIV test result to their parents or guardians or representatives.

Article 6. Procedure for Notifying Positive HIV Test Results for Persons Undergoing HIV Testing Who Are Patients Currently Receiving Treatment at Healthcare Facilities

1. After obtaining the results, the testing department transfers two Certificates to the ward or department where the patient is being treated.

2. The person assigned to the ward or department has the responsibility:

a) To notify the HIV infection status of the patient to the healthcare workers directly involved in care and treatment or to the healthcare workers directly examining or performing medical technical procedures in other wards or departments;

b) To retain one Certificate in the medical record and notify and deliver one Certificate to the person undergoing HIV testing as stipulated in Clause 2, Article 5 of this Circular.

3. In cases where the patient must be transferred to another ward or department, it shall be carried out as follows:

a) The person assigned to the ward or department from which the patient is transferred must transfer the Certificate along with the medical record to the person assigned to the ward or department to which the patient is transferred;

b) The person assigned to the ward or department to which the patient is transferred has the responsibility to notify the HIV infection status of the patient to the head of the ward or department, the doctor, and the nursing staff directly caring for and treating the patient.

4. In cases where the patient must be transferred to another healthcare facility, it shall be carried out as follows:

a) The healthcare facility from which the patient is transferred must transfer the Certificate along with the documents for transferring to another healthcare facility as stipulated to the healthcare facility to which the patient is transferred;

b) The person assigned to the healthcare facility to which the patient is transferred has the responsibility to notify the HIV infection status of the patient as stipulated in point a, Clause 2 of this Article.

5. The notification and delivery of the Certificate to persons undergoing HIV testing who are under 18 years old, persons without civil capacity, persons with difficulty in understanding and controlling their behavior, and persons with limited civil capacity shall be carried out as stipulated in Clause 5, Article 5 of this Circular.

Article 7. Procedure for notifying positive HIV test results to individuals tested for HIV at healthcare facilities outside the cases stipulated in Articles 5 and 6 of this Circular

1. After obtaining the test result, the testing department transfers one Notification Form to the person assigned the task of informing and returning the form to the individual tested for HIV.

2. The notification and return of the Notification Form to individuals under 18 years old, those without civil capacity, those with difficulties in understanding and controlling their behavior, and those with limited civil capacity shall be carried out in accordance with the provisions of Clause 5, Article 5 of this Circular.

Article 8. Procedure for notifying positive HIV test results to individuals tested for HIV who are under management at social welfare institutions, compulsory educational facilities, juvenile rehabilitation schools, prisons, detention centers, holding houses, other detention facilities, and drug rehabilitation centers

1. Upon receiving the Notification Form, the heads of social welfare institutions, compulsory educational facilities, juvenile rehabilitation schools, prisons, detention centers, holding houses, other detention facilities, and drug rehabilitation centers (hereinafter referred to as management facilities) transfer the form to the person assigned the task.

2. The person assigned the task shall be responsible for:

a) Informing the HIV infection status to the direct managers, caregivers, and medical personnel treating the individual tested for HIV;

b) Providing counseling and informing the HIV infection status to the individual tested for HIV. In cases where the individual tested for HIV is under 18 years old, lacks civil capacity, has difficulties in understanding and controlling their behavior, or has limited civil capacity, the notification shall be carried out in accordance with the provisions of Clause 5, Article 5 of this Circular;

c) Keeping the Notification Form in the file of the managed individual.

3. In cases where an HIV-infected individual is transferred to another management facility, the procedure shall be as follows:

a) The management facility from which the HIV-infected individual is transferred shall be responsible for transferring the Notification Form to the management facility to which the HIV-infected individual is transferred;

b) The person assigned the task at the management facility to which the HIV-infected individual is transferred shall be responsible for informing the HIV infection status to the direct managers, caregivers, and medical personnel treating the HIV-infected individual.

4. When the management period ends, the management facility shall return the Notification Form to the HIV-infected individual.

Article 9. Procedure for notifying positive HIV test results to individuals subject to mandatory HIV testing as prescribed in Clause 1, Article 28 of the Law on Prevention and Control of HIV/AIDS

1. After obtaining the HIV test result, the testing facility shall transfer the Notification Form to the agency that issued the decision on mandatory HIV testing as prescribed in Clause 1, Article 28 of the Law on Prevention and Control of HIV/AIDS.

2. The agency that issued the decision on mandatory HIV testing as prescribed in Clause 1, Article 28 of the Law on Prevention and Control of HIV/AIDS shall be responsible for informing the HIV infection status to the individual tested for HIV.

Article 10. Procedure for notifying positive HIV test results to the heads of agencies and units and persons assigned the task of monitoring HIV/AIDS epidemiology

After obtaining a positive HIV confirmation test result, the HIV confirmation testing facility shall be responsible for notifying the positive HIV test result to the heads of agencies and units and persons assigned the task of monitoring HIV/AIDS epidemiology in accordance with the Ministry of Health's guidelines on procedures and methods for monitoring HIV/AIDS epidemiology and sexually transmitted infections.

Chapter III

FORMS, PROCEDURES

ACCESS TO INFORMATION OF HIV POSITIVE INDIVIDUALS

Article 11. Forms of Accessing Information on People Living with HIV

1. Directly reading from medical records of patients, Positive HIV Test Result Forms, information management systems (health insurance verification system of the Vietnam Social Security, health care or HIV/AIDS), and other files and documents containing information on people living with HIV.

2. Receiving information in writing.

3. Other appropriate forms of accessing information based on the target group, scope, and content of the information to be accessed.

Article 12. Procedures for Accessing Information on People Living with HIV

1. The person requesting access to information on people living with HIV must submit a written request to the agency or unit managing such information, consistent with the target group, scope, and content of the information provided. In cases where the person requesting access to information on people living with HIV as stipulated in Point d, Clause 3, Article 30 of the Law on Prevention and Control of HIV/AIDS must obtain the written consent of the person living with HIV.

2. The agency or unit managing information on people living with HIV shall review and issue a written agreement to access information on people living with HIV consistent with the target group, scope, and content of the information provided and the form of information provision.

Chapter IV

IMPLEMENTING PROVISIONS

Article 13. Implementation Organization

1. The Department of HIV/AIDS Prevention and Control under the Ministry of Health shall take the lead in coordinating with relevant agencies and organizations to direct, inspect, and audit the implementation of this Circular throughout the country.

2. Provincial Departments of Health under centrally governed cities shall be responsible for organizing, directing, implementing, inspecting, and auditing the implementation of this Circular within their jurisdiction.

3. The heads of entities specified in Clause 2, Article 29 of the Law on Prevention and Control of HIV/AIDS and the heads of agencies and units managing information on people living with HIV shall be responsible for organizing and assigning tasks related to reporting positive HIV test results and accessing information on people living with HIV at their facilities in accordance with this Circular.

4. The heads of agencies, organizations, and units related to this matter shall be responsible for implementing this Circular within their jurisdiction.

Article 14. Effective Date

1. This Circular takes effect from May 1, 2023.

2. Circular No. 02/2020/TT-BYT dated January 20, 2020, issued by the Minister of Health, which stipulates the procedures and responsibilities for reporting positive HIV test results, shall cease to be effective from the date this Circular takes effect.

Article 15. Responsibility for Implementation

The Director of the Department of HIV/AIDS Prevention and Control, the Head of the Ministry's Office, the Inspector General of the Ministry, the Heads of Departments and Bureaus under the Ministry of Health, the Directors of Provincial Health Departments under centrally governed cities, and related agencies, organizations, and individuals shall be responsible for implementing this Circular.

During implementation, in case of difficulties or obstacles, agencies, organizations, and individuals shall report to the Ministry of Health (HIV/AIDS Prevention and Control Department) for consideration and resolution./.