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 or infected with HIV due to occupational accidents or risks

JOINT CIRCULAR

JOINT CIRCULAR NO. 10/2005/TTLT-BYT-BTC OF THE MINISTRY OF HEALTH AND THE MINISTRY OF FINANCE ON MARCH 30, 2005 GUIDING THE IMPLEMENTATION OF DECREE NO. 265/2003/QD-TTg OF THE GOVERNMENT ON REGIME FOR PERSONS EXPOSED TO HIV OR INFECTED WITH HIV/AIDS DUE TO OCCUPATIONAL ACCIDENTS OR RISKS 16/12/2003 ISSUED BY THE PRIME MINISTER ON REGIME FOR PERSONS EXPOSED TO HIV OR INFECTED WITH HIV/AIDS DUE TO OCCUPATIONAL ACCIDENTS OR RISKS

Pursuant to Decree No. 86/2002/NĐ-CP dated 05/11/2002 of the Government stipulating the functions, tasks, powers, and organizational structure of ministries and ministerial-level agencies;
Pursuant to Decision No. 265/2003/QĐ-TTg dated 16/12/2003 of the Prime Minister on regime for persons exposed to HIV or infected with HIV/AIDS due to occupational accidents or risks;
The Ministry of Health and the Ministry of Finance jointly issue this circular guiding the implementation of the regime for persons exposed to HIV or infected with HIV due to occupational accidents or risks as prescribed in Decision No. 265/2003/QĐ-TTg dated December 16, 2003 of the Prime Minister as follows:

I. APPLICABLE OBJECTS:

1. Civil servants, public officials, employees, and those under labor contracts as prescribed by laws on labor who are working at:

1.1. Public health facilities and military forces;

1.2. Medical establishments established pursuant to Article 26 of the Ordinance on Handling Administrative Violations dated 02/7/2002;

1.3. Drug rehabilitation centers established pursuant to the Law on Prevention and Control of Drugs dated 09/12/2000.

2. Military personnel and those under labor contracts as prescribed by laws on labor who are working at prisons, detention centers, temporary holding centers, educational facilities, and juvenile correctional schools under the management of the Ministry of Public Security.

3. Military personnel when performing their duties according to the assignment of the head of the agency or unit.

4. Members of drug rehabilitation teams prescribed in Article 11 of Decree No. 56/2002/NĐ-CP dated 15/5/2002 of the Government on organization of drug rehabilitation at home and in the community, including:

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

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).

5. Central and local full-time staff responsible for preventing social evils.

6. Students (including students from non-state-run schools) undergoing internships at state-managed medical facilities (including non-state-run medical facilities).

II. CONDITIONS FOR ENJOYING BENEFITS:

1. The objects prescribed in Clause 1, 2, 4, 5, and 6 of Section I above shall enjoy the benefits prescribed in Section III of this Circular when they are determined to be exposed to HIV or infected with HIV due to occupational accidents or risks according to the regulations on conditions for determining persons exposed to HIV or infected with HIV issued by the Ministry of Health.

2. The objects prescribed in Clause 3 of Section I above shall enjoy the benefits prescribed in Section III of this Circular when they are determined to be exposed to HIV or infected with HIV due to occupational accidents or risks while performing their duties according to the regulations on conditions for determining persons exposed to HIV or infected with HIV issued by the Ministry of Health.

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

1. For persons exposed to HIV:

1.1. Benefits to be enjoyed:

1.1.1. They are entitled to free HIV diagnostic testing and prophylactic treatment with antiretroviral drugs prescribed by doctors according to the regulations of the Ministry of Health;

1.1.2. They are entitled to a 20-day leave for prophylactic treatment during which they receive full salary and other allowances (if applicable) as prescribed by law;

1.2. Responsibility for ensuring the implementation of the regime for persons exposed to HIV:

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

1.2.2. In cases where persons exposed to HIV are working in non-state-run establishments: The employer of the person exposed to HIV shall bear the responsibility for paying the benefits as prescribed in Subpoint 1.1, Clause 1, Section III of this Circular;

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

1.2.4. In cases where persons exposed to HIV are treated with specific medications or immune-enhancing drugs provided free of charge through approved programs or projects by competent authorities, the head of the agency, unit, or employer of the person exposed to HIV does not have to pay these costs.

2. For persons infected with HIV:

2.1. Benefits to be enjoyed:

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

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

b) Entitlement 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 entitlement to a one-time social insurance allowance according to the Social Insurance Regulations if they have not yet met the retirement criteria;

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

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

a) Free treatment for opportunistic infections caused by HIV, specific drugs, and health-improving drugs 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 accidents or risks;

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

a) Free treatment for opportunistic infections caused by HIV, specific drugs, and health-improving drugs prescribed by doctors in accordance with the regulations of the Ministry of Health;

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

c) Entitled to a one-time allowance of at least thirty months' current salary and allowances (if applicable) immediately after being determined to be infected with HIV due to occupational accidents or risks;

d) Entitled to continue working in suitable positions according to their health status and to receive salary, promotion, and other benefits as stipulated by current regulations;

đ) Individuals infected with HIV who participate in social insurance, in addition to the benefits provided under sub-items a, b, c, and d above, shall also be entitled to the following benefits:

- For those still capable of working: Entitled to a monthly occupational disease allowance with a reduction in work capacity of 61% (no need for a work capacity assessment);

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

+ Retirement benefits if they have contributed to social insurance for twenty years or more (regardless of age); no need for a 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 do not meet the conditions for retirement;

- If an individual infected with HIV dies, their family or legal representative shall be entitled to death benefits and other benefits as stipulated by the law on social insurance;

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

2.2.1. The agencies, units, and employers of individuals infected with HIV are responsible for ensuring the implementation of benefits for such individuals as stipulated 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 stipulated 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. Students undergoing internships at healthcare facilities managed by the state (including non-state-owned healthcare facilities) who have been determined to be infected with HIV due to occupational accidents or risks shall be issued a certificate of HIV infection due to occupational accidents or risks by the competent health authority and may use this certificate to receive free treatment for opportunistic infections caused by HIV, specific drugs, and health-improving drugs prescribed by doctors in accordance with the regulations of the Ministry of Health at public healthcare facilities.

The heads of training institutions are responsible for ensuring the implementation of benefits for individuals infected with HIV as stipulated in Section 2.1.2, Point 2.1, Clause 2, Section III of this Circular.

2.2.4. In cases where individuals infected with HIV due to occupational accidents or risks are treated with specific drugs and health-improving drugs free of charge through approved programs or projects by the competent authorities, the heads of agencies, units, or employers of individuals exposed to or infected with HIV do not need to pay for these expenses.

IV. SOURCES OF FUNDS FOR IMPLEMENTATION:

1. For public institutions:

1.1. For public institutions fully funded by the state budget for regular operating costs: The head of the unit uses the allocated state budget to pay benefits to employees of the unit exposed to or infected with HIV due to occupational accidents or risks.

1.2. For public institutions partially funded by the state for regular operating costs: The head of the unit uses the allocated state budget and retained income of the unit as stipulated to pay benefits to employees of the unit exposed to or infected with HIV due to occupational accidents or risks;

1.3. For public institutions self-funding all regular operating costs: The head of the unit uses the retained income of the unit as stipulated to pay benefits to employees of the unit exposed to or infected with HIV due to occupational accidents or risks.

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

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

V. DOCUMENTS AND PROCEDURES FOR PAYMENT:

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

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

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

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 HIV Exposure or Infection Due to Occupational Accidents or Risks issued by the Ministry of Health;

1.5. Relevant documents for claiming social insurance and health insurance benefits as stipulated by the current regulations of the Social Insurance; Male.

2. Procedures and processes for accepting documents and processing social insurance and health insurance benefits for individuals infected with HIV due to occupational accidents or risks, and death benefits, are carried out in accordance with the current regulations of the Social Insurance;

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 on benefits for 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 paying 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 paying benefits to officials, civil servants, and employees in accordance with the provisions of Section III of this Circular. In the event of a business bankruptcy, implementation shall follow the Bankruptcy Law and other relevant laws.

VII. PROVISIONS FOR IMPLEMENTATION:

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 Ministries for amendment and supplementation to ensure compliance./.