Joint Circular No. 100/2003/TTLT/BQP-BTC-BYT guiding 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

Ministry of National Defense, Ministry of Finance, Ministry of Health No. 100/2003/TTLT/BQP-BTC-BYTGuidelines for 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

Pursuant to Decree No. 89/1998/NĐ-CP dated November 7, 1998 of the Government on the issuance of regulations on temporary holding and detention.
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, or 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, along with pre- and post-test counseling to detect HIV. For those found to have positive HIV results, 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 infected with HIV/AIDS must be housed according to the provisions of Clause 1 and Clause 2 of Article 15 of the regulations on temporary holding and detention 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 teams for management, rehabilitation, education, and treatment.

3. Strictly prohibit the dissemination of false information about HIV/AIDS status in temporary holding facilities, detention centers, and prisons, and baseless discussions about the health condition of others. Strictly prohibit persons under temporary detention and prisoners from tattooing, using addictive substances, or injecting drugs. Strictly prohibit persons under temporary detention and prisoners infected with HIV/AIDS from engaging in behavior that spreads HIV/AIDS to others or threatens to spread it 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 at temporary holding facilities, detention centers, and prisons must exchange and provide information about the health condition when transporting persons under temporary detention or prisoners infected with HIV/AIDS to hospitals or healthcare facilities for examination and treatment so that the specialized doctors at the receiving hospital or healthcare facility can plan for management and treatment.

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

6. For prisoners infected with HIV who progress to AIDS and meet the conditions and criteria stipulated by law, the prison director 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 who progress to AIDS and commit crimes that do not fall under particularly serious offenses, do not pose a risk of committing new crimes, and do not obstruct investigation, prosecution, or trial, the head of the temporary holding facility or detention center shall prepare a report to the competent authority (investigation, prosecution, trial) to consider changing the preventive measure and releasing 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, released according to the law, or two months before the end of the imprisonment term of a prisoner infected with HIV/AIDS, the head of the temporary holding facility, detention center, or 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 proactively manage and counsel them.

The head of the temporary holding facility, detention center, or prison shall inform directly managing officers such as ward supervisors, educators, military doctors, etc., of persons infected with HIV/AIDS within their management scope.

Officers, soldiers, and defense workers 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 strictly keep their information confidential and not discuss it with unauthorized personnel.

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 without AIDS symptoms shall not be subject to medical treatment programs, but temporary holding facilities, detention centers, and prisons must regularly monitor their psychological state and coordinate with the nearest district, county, town, city health centers to monitor their health, provide good counseling services, help them understand and prevent transmission to others. District, county, town, city health centers have the responsibility to coordinate with military temporary holding facilities, detention centers, and prisons located in their areas to monitor the health, counsel, and conduct blood testing and pre- and post-test counseling for persons under temporary detention and prisoners infected with HIV/AIDS upon request.

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 implemented 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, regarding guidelines for implementing dietary, clothing, and housing provisions, organizing disease prevention and treatment, and preventing work-related accidents and occupational diseases 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, concerning guidelines for dietary, clothing, and housing provisions, daily activities, disease prevention and control, and examination and treatment for persons under temporary detention or temporary arrest (except for dietary provisions which shall be carried out according to Decision No. 3089/2000/QĐ-BQP dated December 21, 2000, issued by the Minister of National Defense). Additionally, expenses shall be provided according to the joint Circular No. 51/2002/TTLT-BTC-BYT issued by the Ministry of Finance and the Ministry of Health on June 3, 2002, regarding the content and level of expenditure for the National Target Program on the Prevention and Control of Certain Social Diseases, Dangerous Epidemics, and HIV/AIDS.

Officers, soldiers, defense workers, Heads of Temporary Holding Facilities, Wardens of Detention Centers, and Prison Wardens 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, issued by the Minister of Health, regarding the issuance of guidelines for the diagnosis and treatment of HIV/AIDS in Vietnam, and Decision No. 2557/QĐ dated December 26, 1996, issued by the Minister of Health, regarding professional regulations for handling HIV/AIDS infections; they must also effectively implement preventive measures to avoid cross-infection and prevent HIV transmission when caring for and treating HIV/AIDS patients.

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 the Detention Center or Prison, they shall be transferred to state hospitals or healthcare facilities for treatment. The relevant specialty must accept and treat such cases. Refusal to examine or treat individuals infected with HIV/AIDS is strictly prohibited. The costs for examination and treatment 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 bear the responsibility for guarding and supervising the individuals 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, issued by the Minister of Health, regarding professional regulations for handling HIV/AIDS infections, and current legal regulations applicable to each type of individual. If the death of a person under temporary detention or prisoner infected with HIV/AIDS is clinically and laboratory confirmed to be due to AIDS, a forensic medical examination is not required. The cost for burial 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 a sum equivalent to 100 kilograms of average quality white rice (based on local market prices) to cover the costs of organizing the burial. Additionally, expenses for incense, flowers, and candles for mourning visits, as well as support for epidemic prevention and sanitation work, shall be provided according to the joint Circular No. 51/2002/TTLT-BTC-BYT issued on June 3, 2002.

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

III. IMPLEMENTATION

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

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