Circular No. 06/2012/TT-BYT stipulates the conditions for establishment and the content of activities for organizations providing counseling on HIV/AIDS prevention and control.

CIRCULAR

REGULATIONS ON THE ESTABLISHMENT CONDITIONS AND CONTENT OF ACTIVITIES FOR ORGANIZATIONS PROVIDING ADVICE ON PREVENTION AND CONTROL OF HIV/AIDS

On the basis of Clause 3, Article 22 of the Law on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV/AIDS) dated June 29, 2006;

Decree No. Decision 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;

1. Positive HIV test results may only be notified when such results have been confirmed by a laboratory that has been authorized by the competent authority to conduct confirmatory testing for HIV-positive cases as stipulated in Decree No. 75/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for conducting HIV tests and Decree No. 155/2018/NĐ-CP dated November 12, 2018 of the Government amending and supplementing certain provisions related to investment and business conditions under the management of the Ministry of Health.

The Minister of Health hereby stipulates the establishment conditions and content of activities for organizations providing advice on prevention and control of HIV/AIDS as follows:

PART 1

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates on:

b) Content of advice on prevention and control of HIV/AIDS;

2. This Circular does not apply to voluntary HIV counseling and testing services as prescribed in Decision No. 647/QĐ-BYT dated February 22, 2007 of the Minister of Health and other advisory activities on prevention and control of HIV/AIDS provided by healthcare facilities as prescribed in Clause 2, Article 22 of the Law on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV/AIDS).

Article 2. Principles of Operation of Advisory Organizations

1. Advisory activities must be conducted within the scope of operations and in accordance with the forms of operation of advisory organizations as prescribed in this Circular.

2. The content of advice must comply with professional regulations and laws on prevention and control of HIV/AIDS.

3. Confidentiality must be ensured for information related to those seeking advice.

4. Referral services must be provided to individuals seeking advice to appropriate service providers for HIV/AIDS prevention, care, and treatment support, as well as other psychological and social service providers when needed.

PART 2

ARTICLE ON ESTABLISHMENT CONDITIONS AND PROCEDURES FOR NOTIFICATION OF OPERATIONS FOR ORGANIZATIONS PROVIDING ADVICE ON PREVENTION AND CONTROL OF HIV/AIDS

1. Personnel Conditions:

a) Must have at least one full-time staff member. If the advisory organization uses part-time staff, specific working hours must be registered;

b) Personnel directly providing advice must meet the following requirements:

- Hold a minimum qualification of a college degree in health or social work;

- Possess skills in advising on knowledge about HIV/AIDS.

2. Infrastructure conditions:

a) Reception Room:

- Must have a minimum area of 10 square meters²;

- Must display a notice of the scope of advice;

b) Counseling Room: Must have a minimum area of 7 square meters², ensuring privacy, ventilation, and adequate lighting;

c) Must maintain records of the names or codes of those seeking advice and summaries of the advice provided;

d) Must have basic equipment necessary for advisory activities, including desks, chairs, and communication materials for counseling.

3. Organizations that only provide advice through information and communication technology and telecommunications means are exempt from the requirements set out in point a and b, Clause 2 of this Article but must have all necessary means of information and communication technology and telecommunications for advisory purposes as registered.

1. At least ten working days before commencing operations, the advisory organization must submit a notification application package as prescribed in Clause 2 of this Article to the Provincial Department of Health (hereinafter referred to as the provincial department) where the main office of the advisory organization is located.

2. The notification application package for advisory organizations includes:

a) A notification letter establishing the advisory organization on prevention and control of HIV/AIDS according to the model attached to this Circular;

b) A draft Regulation (detailed internal rules) of the advisory organization on prevention and control of HIV/AIDS, including the following basic contents:

- Objectives, name, location, and scope of operations of the advisory organization on prevention and control of HIV/AIDS;

- Relationship between the advisory organization and the Provincial Department of Health;

- Relationship between the advisory organization and the Provincial Center for Prevention and Control of HIV/AIDS or the provincial focal point for prevention and control of HIV/AIDS (hereinafter referred to as the Provincial Center for Prevention and Control of HIV/AIDS) in carrying out advisory activities on prevention and control of HIV/AIDS;

- Responsibilities of the head, counselors, and other employees of the advisory organization on prevention and control of HIV/AIDS;

- Responsibilities and rights of those seeking advice;

- Counseling fees (if applicable).

c) List of staff members, qualifications, and certified copies of their academic credentials;

d) Declaration of information and communication technology and telecommunications equipment for advisory activities (applicable only to advisory organizations using information and communication technology and telecommunications means).

PART 3

 CONTENT OF ADVICE ON PREVENTION AND CONTROL OF HIV/AIDS

Article 5. General counseling content on prevention in HIV/AIDS prevention and control

1. Providing basic information about HIV/AIDS including transmission routes and preventive measures against HIV transmission.

2. Risk behaviors that may lead to HIV infection for the person being counseled.

3. Benefits and necessity of HIV testing for prevention and treatment of the patient.

4. Mental and psychological support for the person being counseled.

5. Guidance and exchange of risk reduction measures against HIV infection for the person being counseled.

6. Identifying and introducing mental, psychological, social support services and healthcare services such as HIV testing, examination, treatment of sexually transmitted infections; reproductive health care; HIV/AIDS prevention, support, and treatment; mother-to-child HIV transmission prevention and other mental, psychological, and social support services.

7. Guiding the person being counseled on how to disclose their HIV status to spouse, family members, or a partner preparing for marriage.

8. Counseling on HIV exposure and post-exposure prophylaxis.

9. Providing information on laws and policies for HIV/AIDS prevention and control.

Article 6. Prevention counseling content in HIV/AIDS prevention and control for specific groups

In addition to the general prevention counseling content on HIV/AIDS prevention and control stipulated in Article 5 of this Circular, the prevention counseling content for specific groups is specified as follows:

1. Counseling content for drug users:

a) The possibility of HIV infection when sharing injection equipment and engaging in unsafe sexual relations.

b) Measures to reduce the risk of HIV transmission through drug injection and unsafe sexual relations.

c) Measures for detoxification, relapse prevention, and opioid substitution therapy.

d) Providing information and guidance on existing harm reduction interventions in the area.

đ) The role of families and communities in helping to change behavior, find suitable employment, and integrate with families and communities.

2. Counseling content for individuals involved in sex work:

a) The risk of HIV infection and sexually transmitted infections when engaging in unsafe sexual relations.

b) The risk of HIV infection when using drugs, especially injecting drugs.

c) Measures to reduce the risk of HIV transmission through sexual relations and drug injection.

d) Providing information and guidance on accessing existing harm reduction activities in the area.

đ) The role of families and communities in helping to change behavior, find employment, and integrate with families and communities.

3. Counseling content for men who have sex with men:

a) The risk of HIV infection through various forms of male homosexual relations.

b) Safe sexual practices and measures to reduce the risk of HIV transmission.

c) Providing information and guidance on accessing HIV prevention activities for men who have sex with men in the area.

4. Counseling content for people living with HIV:

a) How to disclose HIV status to spouse or a partner preparing for marriage.

b) The risk of additional HIV infection when continuing to share syringes during injection or engaging in unsafe sexual relations and ways to self-prevent.

c) Guidance on measures to prevent HIV transmission to family members and the community.

d) Guidance on positive living for the person being counseled.

đ) Guidance on directing the person being counseled to healthcare facilities and support, treatment, and referral services when necessary.

e) Providing information and guidance on accessing homecare group activities available locally.

5. Counseling content for relatives of people living with HIV:

a) Effective and reasonable methods of caring for people living with HIV and those with AIDS.

b) Guidance on preventing HIV transmission within the family, caring for people living with HIV, and handling common illnesses.

c) Guidance on recognizing and preventing mental breakdown during the care process, not discriminating against or treating people living with HIV differently.

d) The role of family members in helping to change behavior, find employment, and integrate with families and communities for people living with HIV.

đ) Providing information and guidance on accessing self-help clubs, groups, and harm reduction service providers in the area.

6. Counseling content for pregnant women:

a) The risk of mother-to-child HIV transmission.

b) The benefits and necessity of early HIV testing for pregnant women.

c) The possibility of HIV transmission to the child and measures to reduce the risk of mother-to-child HIV transmission.

d) Measures to prevent mother-to-child HIV transmission for HIV-positive mothers.

đ) The need to access healthcare facilities providing mother-to-child HIV transmission prevention services early during pregnancy, childbirth, and postpartum care.

e) Introducing services for postpartum care, treatment, and support for mothers and children.

7. Counseling content for patients with sexually transmitted infections:

a) The possibility of HIV infection for patients with sexually transmitted infections and encouraging patients with sexually transmitted infections to undergo HIV testing.

b) Safe sexual practices and measures to reduce the risk of HIV transmission.

c) Providing information and guidance on early access to services for diagnosis and treatment of sexually transmitted infections.

PART 4

RESPONSIBILITIES FOR IMPLEMENTATION

Article 7. Responsibilities of the National Center for HIV/AIDS Prevention and Control under the Ministry of Health

1. Guide the implementation of counseling activities on HIV/AIDS prevention and control.

2. Organize inspections, supervision, and evaluation of counseling activities on HIV/AIDS prevention and control nationwide on an annual basis or at any time.

3. Collect and analyze data reported by counseling organizations on HIV/AIDS prevention and control nationwide.

Article 8. Responsibilities of the Central Institute of Hygiene and Epidemiology, Ho Chi Minh City Pasteur Institute, Nha Trang Pasteur Institute, and West Central Hygiene and Epidemiology Institute

1. Provide technical support for counseling on HIV/AIDS prevention and control to provinces within their jurisdiction.

2. Collect and analyze data reported by counseling organizations on HIV/AIDS prevention and control in provinces within their jurisdiction.

3. Regularly or at any time conduct inspections and supervision of counseling organizations on HIV/AIDS prevention and control in provinces within their jurisdiction.

Article 9. Responsibilities of the Provincial Department of Health

1. Guide and accept registration files of counseling organizations on HIV/AIDS prevention and control.

2. Organize quarterly or ad hoc inspections and supervision of counseling organizations on HIV/AIDS prevention and control and report according to regulations on reporting HIV/AIDS prevention and control activities.

Article 10. Responsibilities of the HIV/AIDS Prevention and Control Centers

1. Provide technical support for counseling on HIV/AIDS prevention and control to organizations within their jurisdiction.

2. Participate in inspections and supervision of counseling organizations on HIV/AIDS prevention and control within their jurisdiction.

3. Guide the referral and reception of counselees between counseling organizations on HIV/AIDS prevention and control and related healthcare facilities and social services within the province.

4. Organize promotional activities for counseling on HIV/AIDS prevention and control within the province.

5. Compile reports on the activities of counseling organizations on HIV/AIDS prevention and control within the province.

Article 11. Responsibilities of counseling organizations on HIV/AIDS prevention and control

1. Conduct counseling activities on HIV/AIDS prevention and control within the scope registered and in accordance with the provisions of this Circular.

2. Report quarterly on counseling activities on HIV/AIDS prevention and control to the Provincial Department of Health and the HIV/AIDS Prevention and Control Center in the province according to the form prescribed in Appendix 3 issued together with this Circular.

3. Be subject to inspection and supervision by the Provincial Department of Health and the HIV/AIDS Prevention and Control Centers in the provinces.

SECTION 5

IMPLEMENTING PROVISIONS

Article 12. Cross-referencing 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 14. Effective Date

This Circular takes effect from July 1, 2012.

Article 15. Responsibility for Implementation

The Director of the Office of the Ministry, the Director of the National Center for HIV/AIDS Prevention and Control, the Heads of Departments, Directors of Bureaus, General Directors of General Bureaus, Inspectors under the Ministry of Health, Heads of agencies and units directly under the Ministry, Directors of Provincial Health Departments, provincial-level cities directly under the central government, Heads of health agencies of ministries and sectors, and Heads of counseling organizations on HIV/AIDS prevention and control are responsible for implementing this Circular.

During the implementation process, if there are difficulties or obstacles, agencies, organizations, and units need to promptly reflect them to the Ministry of Health for consideration and resolution./.

 

ANNEX I

MODEL NOTICE OF ESTABLISHING A COUNSELING ORGANIZATION ON HIV/AIDS PREVENTION AND CONTROL
(Issued together with Circular No. 06/2012/TT-BYT dated April 20, 2012, of the Minister of Health)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

..., day ..., month ..., year ......

NOTICE

ESTABLISHMENT OF A COUNSELING ORGANIZATION ON HIV/AIDS PREVENTION AND CONTROL

Respected: Provincial Department of Health ...

Pursuant to the Law on Prevention and Control of Viral Infection Causing Acquired Immunodeficiency Syndrome (HIV/AIDS);

On the basis of Circular No. .../2012/TT-BYT dated .../.../2012 of the Minister of Health stipulating conditions for establishment and contents of activities for counseling organizations on HIV/AIDS prevention and control.

After studying current guiding documents, we hereby notify the establishment of a counseling organization on HIV/AIDS prevention and control with the following content:

Name of organization: ...

Address: …

Scope of operation: ...

Full name of head: ...

Date of birth: ...

Identity card number: ...issued on ...place of issuance ...

Professional qualifications ...

Contact phone number ...

We commit to comply with all provisions of the Regulation on the operation of counseling organizations on HIV/AIDS prevention and control and current laws.

 

 

ANNEX II

MODEL APPLICATION FORM FOR RECEIVING REGISTRATION FILES OF COUNSELING ORGANIZATIONS ON HIV/AIDS PREVENTION AND CONTROL
(Annexed to Circular No. …./2012/TT-BYT date… the…year 2012 of the Minister of Health)

 

APPLICATION FORM FOR RECEIVING REGISTRATION FILES OF COUNSELING ORGANIZATIONS ON HIV/AIDS PREVENTION AND CONTROL

The Provincial Department of Health ... has received the registration file of the counseling organization on HIV/AIDS prevention and control of ..., including the following documents:

..............................................................................................................................................

..............................................................................................................................................

 

Note: When receiving the file, the person receiving the file must check the accompanying documents and mark "X" in the corresponding boxes on the Application Form. In case of insufficient or invalid documents, they must be clearly noted on the receipt form.

 

ANNEX III

MODEL REPORT ON THE ACTIVITIES OF COUNSELING ORGANIZATIONS ON HIV/AIDS PREVENTION AND CONTROL
(Issued together with Circular No. .../2012/TT-BYT dated ... month ... year 2012 of the Minister of Health)

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

..., day ..., month ..., year ......

ACTIVITY REPORT

COUNSELING ORGANIZATION ON HIV/AIDS PREVENTION AND CONTROL

(From .../... to .../.../20....)

Table 1. Counseling Results

Table 2. Use of Communication Materials