Joint Circular No. 10/2005/TTLT-BYT-BTC guiding the implementation of Decision No. 265/2003/QĐ-TTg dated December 16, 2003 of the Prime Minister on the regime for persons exposed to HIV or infected with HIV/AIDS due to occupational accidents or risks.

JOINT CIRCULAR

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

Based on Decree No. 86/2002/NĐ-CP dated November 5, 2002 of the Government stipulating functions, tasks, powers, and organizational structure of Ministries and ministerial-level agencies;

Jointly issued by the Ministry of Health and the Ministry of Finance to guide the implementation of the regime for individuals exposed to HIV or infected with HIV due to occupational accidents or risks as prescribed in Decision No. 265/2003/QD-TTg dated December 16, 2003 of the Prime Minister as follows:

Civil servants, public officials, civil servants, and employees under labor contracts as prescribed by labor laws working in:

Pursuant to Decision No. 265/2003/QĐ-TTg dated December 16, 2003 of the Prime Minister regarding the treatment of individuals exposed to HIV or infected with HIV/AIDS due to occupational accidents or risks;

1.1. Public health facilities and military forces;

I. APPLICABLE OBJECTS:

1. 1.2. Medical establishments established pursuant to Article 26 of the Administrative Violation Handling Ordinance dated July 2, 2002;

1.3. Drug rehabilitation centers established pursuant to the Law on Prevention and Control of Narcotics dated December 9, 2000.

Civil servants and soldiers belonging to the people's armed forces, and employees under labor contracts as prescribed by labor laws working in prisons, detention centers, temporary holding houses, educational institutions, and juvenile correctional schools managed by the Ministry of Public Security.

Civil servants and soldiers belonging to the people's armed forces when performing official duties as assigned by their superiors.

2. Members of drug rehabilitation teams prescribed in Article 11 of Decree No. 56/2002/NĐ-CP dated May 15, 2002 of the Government on organizing drug rehabilitation at home and in communities, including:

3. 4.1. Heads of People's Committees at the commune level;

4. 4.2. Health workers at the commune level;

4.3. Police officers at the commune level;

4.4. Social workers (if any);

4.5. Representatives from some departments, sectors, and mass organizations at the commune level (if any).

Central and local government staff specializing in social evil prevention.

Students (including those from non-public schools) undergoing internships at state-managed healthcare facilities (including non-public healthcare facilities).

5. II. CONDITIONS FOR ELIGIBILITY TO RECEIVE BENEFITS:

6. The subjects specified in Clause 1, 2, 4, 5, and 6 of Section I above shall be entitled to the benefits prescribed in Section III of this Circular when determined to have been exposed to HIV or infected with HIV due to occupational accidents or risks according to the conditions for determining individuals exposed to HIV or infected with HIV as prescribed by the Ministry of Health.

The subjects specified in Clause 3 of Section I above shall be entitled to the benefits prescribed in Section III of this Circular when determined to have been exposed to HIV or infected with HIV due to occupational accidents or risks while performing official duties according to the conditions for determining individuals exposed to HIV or infected with HIV as prescribed by the Ministry of Health.

1. III. REGIME AND RESPONSIBILITY FOR PAYING BENEFITS TO INDIVIDUALS EXPOSED TO HIV OR INFECTED WITH HIV DUE TO OCCUPATIONAL ACCIDENTS OR RISKS:

2. 1. For individuals exposed to HIV:

1.1. Benefits to be enjoyed:

1.1.1. To be tested for HIV diagnosis and provided free antiretroviral drugs as prescribed by doctors according to the regulations of the Ministry of Health;

1.1.2. To take a leave of absence for preventive treatment for 20 working days. During the leave, they will receive full salary and other allowances (if any) as prescribed by law;

1.2. Responsibility for ensuring the implementation of benefits for individuals exposed to HIV:

1.2.1. In cases where individuals exposed to HIV are civil servants, public officials, civil servants, police officers, military personnel, defense industry workers, or employees under labor contracts as prescribed by labor laws working in state agencies, units, or organizations: The agency or unit of the individual exposed to HIV shall be responsible for paying the benefits as prescribed in Point 1.1, Clause 1, Section III of this Circular;

1.2.2. In cases where individuals exposed to HIV work in non-state-owned establishments: The employer of the individual exposed to HIV shall be responsible for paying the benefits as prescribed in Point 1.1, Clause 1, Section III of this Circular;

1.2.3. In cases where individuals exposed to HIV are students or trainees: The training institution shall be responsible for paying the benefits as prescribed in Subpoint 1.1.1, Point 1.1, Clause 1, Section III of this Circular;

1.2.4. In cases where individuals exposed to HIV are treated with specific drugs and body condition enhancing drugs free of charge through approved programs or projects by competent authorities, the head of the agency, unit, or employer of the individual exposed to HIV does not need to pay these costs.

2. For individuals infected with HIV:

2.1. Benefits to be enjoyed:

2.1.1 Civil servants, police officers, military personnel, and defense industry workers infected with HIV due to occupational accidents or risks, in addition to the benefits prescribed in Decision No. 22/2003/QD-TTg dated January 30, 2003 of the Prime Minister on the regime for civil servants and police officers directly involved in managing, educating, caring for, treating, and combating HIV/AIDS patients and Decision No. 215/2003/QD-TTg dated October 24, 2003 of the Prime Minister on the regime for military personnel and defense industry workers directly involved in managing, educating, caring for, treating, or combating HIV/AIDS patients, shall also enjoy the following additional benefits:

a) A one-time allowance of at least 30 months' salary plus current allowances (if any) immediately after the employee has been confirmed to be infected with HIV due to occupational accidents or risks;

b) Entitled to retirement benefits if they have contributed to social insurance for at least 20 years (regardless of age); no need for capability assessment and no reduction in pension rate due to early retirement or entitled to a one-time social insurance benefit according to the Social Insurance Regulations if they do not meet the retirement criteria;

c) If an HIV-infected person dies, their family or legal representative shall be entitled to death benefits and other benefits as prescribed by the Social Insurance Law.

2.1.2. For students undergoing internships at healthcare facilities who are infected with HIV:

a) To be treated free of charge for opportunistic infections caused by HIV, specific drugs, and body condition enhancing drugs as prescribed by doctors according to the regulations of the Ministry of Health;
2.1.2. For students undergoing internships at healthcare facilities who are infected with HIV:

a) They are provided free treatment for opportunistic infections caused by HIV, specific medications, and health-improving drugs as prescribed by doctors in accordance with the regulations of the Ministry of Health;

b) A one-time allowance of at least thirty months' starting salary of the trained profession immediately upon being determined to be infected with HIV due to occupational accident or risk.

2.1.3. For HIV-infected individuals belonging to other categories:

a) They are provided free treatment for opportunistic infections caused by HIV, specific medications, and health-improving drugs as prescribed by doctors in accordance with the regulations of the Ministry of Health;

b) They are entitled to take leave for treatment of diseases caused by HIV, receiving full salary and other allowances (if applicable) during the treatment period;

c) They are entitled to a one-time allowance of at least thirty months' current salary and allowances (if applicable) immediately after the worker has been determined to be infected with HIV due to occupational accident or risk;
d) They are entitled to continue being assigned suitable work according to their health condition and to receive wages, salary increments, and other policies and benefits as prescribed by current regulations;

đ) HIV-infected individuals who have participated in social insurance, in addition to the benefits stipulated in sub-items a, b, c, and d above, shall also be entitled to the following benefits:

- For those still capable of working: Entitlement to a monthly occupational disease allowance with a reduction in work capacity of 61% (no need for work capacity assessment).
- For those who are no longer capable of working and must stop working, they are entitled to: A monthly occupational disease allowance with a reduction in work capacity of 61% (no need for work capacity assessment) and one of the following benefits:

+ Retirement benefits if they have contributed to social insurance for twenty years or more (regardless of age); no need for work capacity assessment and no reduction in retirement pension due to early retirement or a one-time social insurance allowance according to the Social Insurance Regulations if they have not yet met the conditions for retirement;

- If an HIV-infected individual dies, their family or legal representative shall be entitled to death benefits and other benefits as prescribed by laws on social insurance.

2.2. Responsibilities for ensuring implementation of benefits for HIV-infected individuals:

2.2.1. Agencies, units, and employers of HIV-infected individuals are responsible for ensuring the implementation of benefits for HIV-infected individuals as prescribed in:

a) Sub-item a, Section 2.1.3, Point 2.1, Clause 2, Section III (for individuals without a Health Insurance card);

b) Sub-item a, Section 2.1.1, Point 2.1, Clause 2, Section III;

c) Sub-items b, c, d, Section 2.1.3, Point 2.1, Clause 2, Section III.

2.2.2. The Social Insurance Agency is responsible for disbursing benefits as prescribed in:

a) Sub-item a, Section 2.1.3, Point 2.1, Clause 2, Section III (for individuals with a Health Insurance card);
b) Sub-items b, c, Section 2.1.1, Point 2.1, Clause 2, Section III;

c) Sub-item đ, Section 2.1.3, Point 2.1, Clause 2, Section III;

2.2.3. For students undergoing internships at healthcare facilities managed by the State (including non-public healthcare facilities) who have been determined to be infected with HIV due to occupational accident or risk, the competent health authority will issue a certificate of HIV infection due to occupational accident or risk, which can be used to receive free treatment for opportunistic infections caused by HIV, specific medications, and medications to improve physical condition as prescribed by doctors according to the Ministry of Health's regulations at public healthcare facilities.

The head of the training institution is responsible for ensuring the implementation of benefits for HIV-infected individuals as prescribed in Section 2.1.2, Point 2.1, Clause 2, Section III of this Circular.

2.2.4. In cases where HIV-infected individuals due to occupational accident or risk are treated with free specific medications and medications to improve physical condition under approved programs or projects by the competent authority, the heads of agencies, units, or employers of individuals exposed to or infected with HIV do not have to pay for these costs.

IV. SOURCES OF FUNDS FOR IMPLEMENTATION:

1. For public institutions:

1.1. For public institutions fully funded by the state budget for regular operating expenses: The head of the unit uses the allocated state budget to pay benefits to workers of the unit exposed to or infected with HIV due to occupational accident or risk.

1.2. For public institutions partially funded by the state for regular operating expenses: The head of the unit uses the allocated state budget and retained income of the unit as prescribed to pay benefits to workers of the unit exposed to or infected with HIV due to occupational accident or risk;

1.3. For public institutions fully self-funded for regular operating expenses: The head of the unit uses the retained income of the unit as prescribed to pay benefits to workers of the unit exposed to or infected with HIV due to occupational accident or risk.

2. For non-public institutions: Employers use the operating funds of the unit to pay benefits to workers of the unit exposed to or infected with HIV due to occupational accident or risk.

The payment expenses are recorded as part of the unit's expenses.

V. DOCUMENTS AND PROCEDURES FOR PAYMENT:

1. Documents for payment of benefits to individuals exposed to or infected with HIV due to occupational accident or risk include:

1.1. A certified copy of the HIV-negative test result of the individual exposed to or infected with HIV (signed and stamped by the head of the health agency; the HIV test must be conducted within 36 hours after exposure to HIV);

1.2. A certified copy of the HIV-positive test result after post-exposure prophylaxis treatment of the individual;

1.3. A certified copy of the accident report form issued by the Ministry of Health;

1.4. A certified copy of the Certificate of Exposure to or Infection with HIV due to Occupational Accident or Risk issued by the Ministry of Health;

1.5. Relevant documents for social insurance and health insurance benefits according to current regulations of the Vietnam Social Security.

2. Procedures and processes for accepting documents to settle social insurance and health insurance benefits for individuals infected with HIV due to occupational accident or risk, and death benefits are carried out according to current regulations of the Vietnam Social Security.

VI. MANAGEMENT WORK:

1. Annually, along with the time for preparing the state budget estimate, agencies and units guaranteed funding from the state budget for their operations shall be responsible for preparing the budget estimate for expenditures to provide benefits to individuals exposed to HIV or infected with HIV due to occupational accidents or risks; manage funds in accordance with the State Budget Law and guiding documents of the State Budget Law.

2. In cases where agencies, units, or establishments responsible for providing benefits to individuals exposed to HIV or infected with HIV due to occupational accidents or risks, as stipulated in Decision No. 265/2003/QĐ-TTg dated December 16, 2003 of the Prime Minister, are merged or split, the head of the new agency, unit, or establishment shall be responsible for providing benefits to officials, civil servants, and employees in accordance with the provisions of Section III of this Circular. In case of bankruptcy of enterprises, implementation shall be carried out in accordance with the Bankruptcy Law and other relevant laws.

VII. IMPLEMENTATION PROVISIONS:

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

During the course of implementation, if there are any difficulties, they should be promptly reported to the Joint Ministry for timely revision and supplementation to ensure compliance./.