CIRCULAR

Guidelines for determining individuals exposed to HIV or infected with HIV due to occupational accidents

or occupational risks

Pursuant to Article 21 of the Ordinance on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV/AIDS) dated May 31, 1995;

Pursuant to Article 10 of Decree No. 34/CP dated June 1, 1996 of the Government guiding the implementation of the Ordinance on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV/AIDS);

||| Based on Decree No. 49/2003/NĐ-CP dated May 15, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

||| Based on Decision No. 265/2003/QĐ-TTg dated December 16, 2003 of the Prime Minister regarding the regime for individuals exposed to HIV or infected with HIV/AIDS due to occupational accidents or occupational risks.

||| The Ministry of Health provides guidelines for determining individuals exposed to HIV or infected with HIV due to occupational accidents or occupational risks as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

1. Scope of application:

a. Staff, civil servants, and officials working in public health facilities, military forces, treatment centers established under Article 26 of the Administrative Violation Handling Ordinance dated July 2, 2002, and drug rehabilitation centers;

b. Staff and soldiers belonging to the People's Armed Forces working at prisons, detention centers, temporary holding houses, educational facilities, juvenile correctional schools, or while performing their duties according to the assignment of the head of the agency or unit;

c. Staff and civil servants who are members of the drug rehabilitation teams specified in Article 13 of Decree No. 56/2002/NĐ-CP dated May 15, 2002 of the Government on organizing drug rehabilitation at home and in the community;

d. Staff and civil servants specializing in social evil prevention;

đ. Students undergoing internships at state-managed healthcare facilities and persons with labor contracts as prescribed by the Labor Law stipulated in Clause 1 and Clause 2 of this Article.

2. Confirmatory HIV testing must be conducted in laboratories that meet the conditions for confirming HIV-positive cases and have been recognized by the Ministry of Health (hereinafter referred to as HIV Testing Laboratories).

3. An individual infected with HIV due to occupational accidents or occupational risks is someone who has been tested and confirmed to be infected with HIV according to the professional technical regulations issued by the Ministry of Health and meets the conditions stipulated in this Circular.

II. CONDITIONS FOR DETERMINING INDIVIDUALS EXPOSED TO HIV AND INFECTED WITH HIV DUE TO OCCUPATIONAL ACCIDENTS OR OCCUPATIONAL RISKS:

1. Conditions for determining individuals exposed to HIV

a. Individuals determined to be exposed to HIV are those who suffer from one of the following three accidents while performing their duties:

- Being pierced by needles, sharp objects, or cut by sharp objects that have come into contact with blood, blood products, or body fluids with a risk of HIV transmission;

- Blood, blood products, or body fluids with a risk of HIV transmission coming into direct contact with broken skin;

- Blood, blood products, or body fluids with a risk of HIV transmission coming into direct contact with mucous membranes.

b. After being exposed to HIV, within the latest 36 hours, the individual exposed to HIV must go to the nearest healthcare facility to take a blood sample and send it to the HIV Testing Laboratory for HIV testing:

- If the test result of the individual exposed to HIV is Positive (+): It is determined that the individual was already infected with HIV before the accident, not due to occupational accidents or occupational risks.

In this case, the healthcare facility directly responsible for the health of the individual exposed to HIV must provide counseling after the test and implement care and treatment as for other HIV-infected individuals.

- If the test result of the individual exposed to HIV is Negative (-): After receiving the test results, the healthcare facility directly responsible for the health of the individual exposed to HIV must provide counseling on post-exposure prophylaxis against HIV and collect and send the blood sample of the individual exposed to HIV to the HIV Testing Laboratory after 1 month, 3 months, and 6 months for HIV testing.

c. Conditions for determining individuals exposed to HIV:

- Having injuries caused by one of the reasons specified in Point a, Clause 1, Section II of this Circular.

- Having an Occupational Accident Report (according to Model Appendix 1 attached to this Circular). This report must be prepared immediately after the accident occurs, confirmed by a witness, and signed and stamped by the head of the agency where the individual exposed to HIV works;

- The HIV test result of the source of infection is Positive (+) and the HIV test result of the individual exposed to HIV is Negative (-).

2. Conditions for determining individuals infected with HIV due to occupational accidents or occupational risks:

a. Determined to be exposed to HIV according to the provisions of Point c, Clause 1, Section II of this Circular.

b. The HIV test result of the individual exposed to HIV after post-exposure prophylaxis for 1 month, 3 months, or 6 months is Positive (+): It is determined that the individual was infected with HIV due to occupational accidents or occupational risks.

III. FILE, PROCEDURE, AUTHORITY FOR ISSUING CERTIFICATE OF EXPOSURE TO HIV, CERTIFICATE OF INFECTION WITH HIV DUE TO OCCUPATIONAL ACCIDENTS OR OCCUPATIONAL RISKS

1. File:

a. File for requesting issuance of Certificate of Exposure to HIV:

- Occupational Accident Report:

- Legal copy of the HIV test result of the source of infection Positive (+) and the HIV test result of the individual exposed to HIV Negative (-):

- Official letter requesting issuance of Certificate of Infection with HIV from the agency or unit where the individual exposed to HIV works.

b. File for requesting issuance of Certificate of Infection with HIV due to Occupational Accidents or Occupational Risks:

- Certificate of Exposure to HIV;

- Legal copy of the HIV test result Positive (+) of the individual exposed to HIV after post-exposure prophylaxis for 1 month, 3 months, or 6 months;

- Official letter requesting issuance of Certificate of Infection with HIV due to Occupational Accidents or Occupational Risks from the agency or unit where the individual exposed to HIV works.

2. Procedure for issuing Certificate of Exposure to HIV, Certificate of Infection with HIV due to Occupational Accidents or Occupational Risks:

a. File for requesting issuance of Certificate of Exposure to HIV, Certificate of Infection with HIV due to Occupational Accidents or Occupational Risks for individuals exposed to HIV or infected with HIV working at agencies or units under the management of central ministries and sectors shall be submitted as follows:

- For individuals exposed to HIV or infected with HIV undergoing internships or working at units under the Ministry of Health, the file shall be sent to the Preventive Medicine and HIV/AIDS Control Department of the Ministry of Health;

- For individuals exposed to HIV or infected with HIV working at units under the management of the Ministry of National Defense, the file shall be sent to the Military Medical Department of the Ministry of National Defense;

- In the case of individuals exposed to or infected with HIV who are working at units under the management of the Ministry of Public Security, the file shall be submitted to the Health Department of the Ministry of Public Security;

- In the case of individuals exposed to or infected with HIV who are working at units under the management of the Ministry of Labor, Invalids and Social Affairs, the file shall be submitted to the Department for Combating Social Evils of the Ministry of Labor, Invalids and Social Affairs;

b. The application file for the issuance of the Certificate of Exposure to HIV, the Certificate of HIV Infection due to Occupational Accident or Risk for individuals exposed to or infected with HIV while interning or working at agencies and units under the management of the People's Committees of provinces and centrally governed cities shall be submitted to the Provincial Health Departments;

c. After receiving complete and valid files in accordance with Clause 1, Section III of this Circular, the Ministries and sectors specified in point a, Clause 2, Section III of this Circular shall have the responsibility to submit the files of individuals exposed to or infected with HIV to the Ministry of Health for examination and issuance of certificates;

3. Competence to issue Certificates of Exposure to HIV, Certificates of HIV Infection due to Occupational Accident or Risk:

a. The Ministry of Health shall issue Certificates of Exposure to HIV, Certificates of HIV Infection for individuals exposed to or infected with HIV who are working at agencies and units under the management of central ministries and sectors (in accordance with the model attached as Appendix 2 to this Circular);

b. The Health Departments shall issue Certificates of Exposure to HIV, Certificates of HIV Infection for individuals exposed to or infected with HIV who are working at agencies and units under the management of the People's Committees (in accordance with the model attached as Appendix 2 to this Circular);

IV. IMPLEMENTATION PROVISIONS.

1. The treatment of individuals exposed to or infected with HIV due to occupational accident or risk shall be implemented in accordance with the regulations of the joint circular of the Ministry of Health and the Ministry of Finance guiding the implementation of Decision No. 265/2003/QD-TTg dated December 16, 2003 of the Prime Minister on the treatment of individuals exposed to or infected with HIV/AIDS due to occupational accident or risk;

This Circular takes effect fifteen days after its publication in the Official Gazette.

3. During the implementation process, if there are any difficulties, the Ministries, sectors, and localities are requested to report to the Ministry of Health for research and resolution.