Joint Circular No. 100/2003/TTLT-BQP-BTC-BYT guides the management, care, treatment, and counseling for persons under temporary detention and prisoners infected with HIV/AIDS in detention centers, temporary detention camps, and prisons managed by the Ministry of National Defense.

JOINT CIRCULAR

Guidelines for the management, care, treatment, and counseling of persons under temporary detention, prisoners infected with HIV/AIDS in temporary holding facilities, detention centers, and prisons managed by the Ministry of National Defense persons infected with HIV/AIDS in temporary detention facilities, pretrial detention centers, and prisons managed by the Ministry of National Defense

____________________________________

 MINISTRY OF NATIONAL DEFENSE - MINISTRY OF FINANCE - MINISTRY OF HEALTH

Pursuant to Decree No. 89/1998/NĐ-CP dated November 7, 1998 of the Government on the issuance of regulations on temporary detention and imprisonment.

Pursuant to Decree No. 60/CP dated September 16, 1993 of the Government on the issuance of prison regulations.

To effectively implement the management, care, treatment, and counseling of persons under temporary detention and prisoners infected with HIV/AIDS in temporary holding facilities, detention centers, and prisons managed by the Ministry of National Defense, the Joint Ministries of National Defense, Finance, and Health hereby provide guidelines on the following matters:

I. REGARDING THE MANAGEMENT OF PERSONS UNDER TEMPORARY DETENTION AND PRISONERS INFECTED WITH HIV/AIDS.

1. When conducting health checks for admission into temporary holding facilities, detention centers, and prisons, persons under temporary detention and prisoners must clearly report their history of drug use, prostitution, and HIV/AIDS. In cases where there is a high risk of HIV/AIDS infection (drug injection, prostitution...), blood tests must be conducted, and pre- and post-test counseling provided to detect HIV. For those found to have a positive HIV test result, the temporary holding facility, detention center, or prison shall establish separate medical records for monitoring and managing them, and implementing necessary measures to prevent and control the spread of HIV/AIDS.

2. Persons under temporary detention who are infected with HIV/AIDS shall be detained according to the provisions of Clause 1 and Clause 2, Article 15 of the regulations on temporary detention and imprisonment issued together with Decree No. 89/1998/NĐ-CP dated November 7, 1998 of the Government. Prisoners infected with HIV/AIDS do not necessarily need to be organized into separate management, rehabilitation, education, and medical treatment teams.

3. It is strictly prohibited to disseminate false information about HIV/AIDS status in temporary holding facilities, detention centers, and prisons, and to discuss without basis the HIV/AIDS condition of others. It is strictly prohibited for persons under temporary detention and prisoners to tattoo, use addictive substances, or inject drugs. It is strictly prohibited for persons under temporary detention and prisoners infected with HIV/AIDS to engage in behavior that causes or threatens to cause the spread of HIV/AIDS to others in any form.

4. When transferring persons under temporary detention or prisoners infected with HIV/AIDS to new detention facilities, the original detention facility must hand over relevant files, medical records, and related documents to the receiving unit for continued monitoring and management.

Medical staff from temporary holding facilities, detention centers, and prisons must exchange and provide information about the health condition of persons under temporary detention and prisoners infected with HIV/AIDS to the specialist doctors at hospitals or healthcare facilities they are being transferred to, so that these facilities can plan for their management and treatment.

5. If a prisoner infected with HIV/AIDS is granted a meeting with his spouse for up to 24 hours as stipulated by law, the prison must provide counseling to ensure they take preventive measures against the transmission of HIV/AIDS.

6. For prisoners infected with HIV/AIDS who have progressed to the AIDS stage and meet the conditions and criteria set forth by law, the warden of the prison shall prepare a file to request the competent authority to temporarily suspend the execution of the sentence and reduce the term of imprisonment for those suffering from serious illnesses.

For persons under temporary detention infected with HIV/AIDS who have progressed to the AIDS stage and who commit crimes that do not fall under particularly serious offenses, do not pose a risk of committing new crimes, and do not hinder the investigation, prosecution, or trial process, the head of the temporary holding facility or the warden of the detention center shall prepare a file to report to the relevant investigative, prosecutorial, or judicial authorities to consider changing the preventive measure to release them to family guardianship as provided by law.

7. When a person under temporary detention infected with HIV/AIDS is changed to another preventive measure other than temporary detention, released according to the provisions of the law, or two months before the end of the term of imprisonment for a prisoner infected with HIV/AIDS, the head of the temporary holding facility, the warden of the detention center, or the warden of the prison shall notify in writing the person responsible for the nearest health center where the person under temporary detention or prisoner resides, as well as their family, to enable proactive management and counseling.

8. The head of the temporary holding facility, the warden of the detention center, or the warden of the prison shall inform military personnel directly responsible for managing such as guards, educators, military doctors, etc., about persons infected with HIV/AIDS within their jurisdiction.

Military personnel assigned to follow, manage, care for, treat, and counsel persons under temporary detention and prisoners infected with HIV/AIDS shall not discriminate against them and must maintain strict confidentiality, and shall not disclose information to unauthorized individuals.

II. REGARDING THE CARE, TREATMENT, AND COUNSELING OF PERSONS UNDER TEMPORARY DETENTION AND PRISONERS INFECTED WITH HIV/AIDS.

1. Persons under temporary detention and prisoners infected with HIV but not yet showing symptoms of AIDS shall not be subject to a special medical treatment regime, but the temporary holding facility, detention center, or prison shall regularly monitor their psychological state and coordinate with the nearest district, county, town, city-level health center to monitor their health, provide good counseling services, and help them understand and prevent the spread to others. These health centers shall cooperate with the temporary holding facilities, detention centers, and military prisons in their area to monitor the health, provide counseling, conduct blood tests, and provide pre- and post-test counseling for persons under temporary detention and prisoners infected with HIV/AIDS when requested.

2. In cases where persons under temporary detention or prisoners infected with HIV have progressed to the clinical stage of AIDS, they shall be examined and treated at Detention Centers, Prisons, or infirmaries of Provincial Military Command Headquarters (where there is a Temporary Holding Facility). The diet and medication distribution, as well as supplementary care, shall be determined by military medical personnel according to the patient's condition. Expenses shall be carried out in accordance with Circular No. 12/TTLB issued jointly by the Ministry of Interior, National Defense, Health, and Labor and Social Affairs on December 20, 1993, guiding the implementation of dietary, clothing, housing, disease prevention, and occupational accident control measures for prisoners, and Circular No. 01/NV-QP-TC-YT issued jointly by the Ministry of Interior, National Defense, Finance, and Health on March 2, 1994, regarding guidance on dietary, clothing, housing, living arrangements, disease prevention, and treatment measures for persons under temporary detention or temporary custody (except for the dietary provisions which shall be implemented according to Decision No. 3089/2000/QĐ-BQP dated December 21, 2000, of the Minister of National Defense). Additionally, expenses shall be made in accordance with Joint Circular No. 51/2002/TTLT-BTC-BYT issued by the Ministry of Finance and the Ministry of Health on June 3, 2002, guiding the content and level of expenditure for the National Target Program on preventing certain social diseases, dangerous epidemics, and HIV/AIDS.

Military officials, soldiers, defense workers, Heads of Temporary Holding Facilities, and Wardens of Detention Centers and Prisons must strictly adhere to professional regulations concerning the diagnosis and treatment of HIV/AIDS as stipulated in Decision No. 1451/2000/QĐ-BYT dated May 8, 2000, of the Minister of Health, issuing guidelines for the diagnosis and treatment of HIV/AIDS in Vietnam, and Decision No. 2557/QĐ dated December 26, 1996, of the Minister of Health, issuing professional regulations for handling HIV/AIDS; they must also effectively implement preventive education to avoid cross-infection and prevent HIV infection when caring for and treating patients with HIV/AIDS.

3. In cases where persons under temporary detention or prisoners infected with HIV/AIDS suffer from severe opportunistic infections that exceed the treatment capacity of the infirmary at Detention Centers or Prisons, they shall be transferred to state hospitals or healthcare facilities for treatment. Each specialty shall accept treatment for infections within its specialty. Refusal to examine or treat persons infected with HIV/AIDS is strictly prohibited. The examination and treatment costs shall be settled by the Temporary Holding Facility, Detention Center, or Prison with the healthcare facility. These costs shall be covered by the state budget, and the Temporary Holding Facility, Detention Center, or Prison shall be responsible for guarding and supervising persons infected with HIV/AIDS under their management during treatment at the healthcare facility.

4. When a person under temporary detention or prisoner infected with HIV/AIDS dies, the autopsy, sample processing, and burial procedures must comply with the provisions set forth in Decision No. 2557/QĐ-BYT dated December 26, 1996, of the Minister of Health, issuing professional regulations for handling HIV/AIDS, and current legal regulations applicable to each type of individual. If the cause of death of a person under temporary detention or prisoner infected with HIV/AIDS is determined clinically and through testing to be AIDS, a forensic medical examination is not required. The burial expenses shall be covered by the state budget, including: a standard wooden coffin, a new set of clothes, four meters of shrouding cloth, alcohol or spirits for hygiene purposes when wrapping the body, candles, and an amount equivalent to 100 kilograms of average quality white rice (based on local market prices) for organizing the burial. Additionally, expenses for incense, flowers, candles for mourning, and support for epidemic prevention hygiene work shall be made according to the levels specified in Joint Circular No. 51/2002/TTLT-BTC-BYT dated June 3, 2002.

5. The Head of the Temporary Holding Facility, Warden of the Detention Center, and Warden of the Prison must regularly organize information dissemination and educational campaigns to enable persons under temporary detention or prisoners to understand and implement measures to prevent and avoid HIV/AIDS infection, incorporating HIV/AIDS prevention education into the regular educational content of the Temporary Holding Facility, Detention Center, or Prison.

III. IMPLEMENTATION ORGANIZATION

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

During the implementation process, if any difficulties arise, units and localities must promptly report them to the Ministry of National Defense, Ministry of Finance, and Ministry of Health for resolution.