Decision No. 120/2008/QĐ-TTg On the conditions for determining individuals exposed to HIV and infected with HIV due to occupational accidents and risks

Pursuant to …;

Regarding the conditions for determining individuals exposed to HIV and those infected with HIV due to occupational accidents

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the Law on Prevention and Control of HIV/AIDS dated June 29, 2006;

Considering the proposal of the Minister of Health,

DECISION:

Article 1. Scope of application

This Decision stipulates the conditions for determining individuals exposed to HIV and those infected with HIV due to occupational accidents; procedures for issuing Certificates of Exposure to HIV and Certificates of Infection with HIV due to Occupational Accidents.

Article 2. Applicability

1. Civil servants, public officials, employees, members of the armed forces, and individuals under labor contracts as prescribed by labor laws working at:

a) Healthcare facilities;

b) Medical facilities established pursuant to Article 26 of the Ordinance on Handling Administrative Violations dated July 2, 2002;

c) Drug rehabilitation centers established pursuant to Decree No. 135/2004/NĐ-CP dated June 10, 2004 of the Government regarding the regulations on applying compulsory treatment measures, organizing activities of medical facilities under the Ordinance on Handling Administrative Violations and the regulations applicable to minors, voluntary patients, and Decree No. 147/2003/NĐ-CP dated December 1, 2003 of the Government on conditions, procedures for issuing permits and managing voluntary drug rehabilitation centers;

d) Rehabilitation centers for physical disabilities under the management of the Ministry of Labor, Invalids, and Social Affairs;

đ) Social welfare institutions.

2. Officers and soldiers of the People's Armed Forces and individuals under labor contracts as prescribed by labor laws working at prisons, detention centers, temporary holding facilities, educational institutions, and juvenile correctional schools under the management of the Ministry of Public Security or working at prisons and detention centers under the management of the Ministry of National Defense.

3. Officers and soldiers of the People's Armed Forces when performing their duties according to the assignment of the head of the agency or unit.

4. Members of the drug rehabilitation teams specified in Article 11 and the heads of community-based drug rehabilitation teams specified in Article 12 of Decree No. 56/2002/NĐ-CP dated May 15, 2002 of the Government on organizing drug rehabilitation at home and in the community.

5. Specialized civil servants and public officials responsible for social evil prevention at the central, provincial, and district levels when performing their duties according to the assignment of the head of the agency or unit.

6. Students undergoing internships at healthcare facilities (including non-public healthcare facilities).

Article 3. Conditions for Determining Individuals Exposed to HIV Due to Occupational Accidents

An individual will be determined to have been exposed to HIV due to an occupational accident if they meet all of the following conditions:

1. Suffering from one of the three accidents listed below while performing their duties:

a) Being pierced by needles or sharp objects, cut by sharp objects, or having skin abrasions or cracks that come into contact with blood, blood products, or body fluids of individuals suspected of being infected with HIV;

b) Blood, blood products, or body fluids of individuals suspected of being infected with HIV coming into direct contact with skin abrasions or cracks;

c) Blood, blood products, or body fluids of individuals suspected of being infected with HIV coming into direct contact with mucous membranes of the eyes, nose, or mouth.

2. Having an Accident Risk Report (according to Model Appendix I attached to this Decision). This report must be completed within 48 hours from the time of the accident, confirmed by a witness, and signed and confirmed by the head of the directly managing agency of the individual exposed to HIV.

3. The result of the HIV test using the ELISA technique of the individual exposed to HIV is negative. The blood sample used for testing must be taken from the individual exposed to HIV within 72 hours from the time of occurrence of one of the three accidents specified in Clause 1 of this Article.

Article 4. Conditions for determining a person infected with HIV due to occupational accidents and risks

1\. There must be a Certificate of Exposure to HIV issued by the competent authority as stipulated in Article 5 of this Decision.

2\. The result of the HIV test of the person exposed to HIV at one of three time points, namely one month, three months, and six months after the occupational accident or risk, must be positive, as certified by an authorized healthcare facility.

Article 5. The agency responsible for receiving applications and issuing Certificates of Exposure to HIV due to Occupational Accidents and Risks, and Certificates of Infection with HIV due to Occupational Accidents and Risks

1\. The process of receiving applications for Certificates of Exposure to HIV due to Occupational Accidents and Risks, Certificates of Infection with HIV due to Occupational Accidents and Risks, and the authority to issue such certificates shall be carried out as follows:

a\. The Military Health Department under the Ministry of National Defense shall receive applications and issue Certificates of Exposure to HIV due to Occupational Accidents and Risks, and Certificates of Infection with HIV due to Occupational Accidents and Risks for persons exposed to HIV or infected with HIV due to Occupational Accidents and Risks who are working or undergoing internships at units managed by the Ministry of National Defense.

b\. The Health Department under the Ministry of Public Security shall receive applications and issue Certificates of Exposure to HIV due to Occupational Accidents and Risks, and Certificates of Infection with HIV due to Occupational Accidents and Risks for persons exposed to HIV or infected with HIV due to Occupational Accidents and Risks who are working or undergoing internships at units managed by the Ministry of Public Security.

c\. The Department of Social Evils Prevention under the Ministry of Labor, Invalids and Social Affairs shall receive applications and issue Certificates of Exposure to HIV due to Occupational Accidents and Risks, and Certificates of Infection with HIV due to Occupational Accidents and Risks for persons exposed to HIV or infected with HIV due to Occupational Accidents and Risks who are working or undergoing internships at units managed by the Ministry of Labor, Invalids and Social Affairs.

d\. The Health Department under the Ministry of Transport shall receive applications and issue Certificates of Exposure to HIV due to Occupational Accidents and Risks, and Certificates of Infection with HIV due to Occupational Accidents and Risks for persons exposed to HIV or infected with HIV due to Occupational Accidents and Risks who are working or undergoing internships at units managed by the Ministry of Transport.

đ\. The Department of HIV/AIDS Prevention under the Ministry of Health shall receive applications and issue Certificates of Exposure to HIV due to Occupational Accidents and Risks, and Certificates of Infection with HIV due to Occupational Accidents and Risks for persons exposed to HIV or infected with HIV due to Occupational Accidents and Risks who are working or undergoing internships at units directly under the Ministry of Health and other ministries and sectors outside those specified in points a, b, c, and d of Clause 1 of this Article.

e\. The Health Department of provinces and centrally-run cities (hereinafter referred to as "Health Departments") shall receive applications and issue Certificates of Exposure to HIV due to Occupational Accidents and Risks, and Certificates of Infection with HIV for persons exposed to HIV or infected with HIV due to Occupational Accidents and Risks who are working or undergoing internships at agencies and units under the management of provincial People's Committees.

2\. Organization and operation of the Expert Advisory Board:

a\. The Expert Advisory Board shall be established by the Head of the competent authority as stipulated in Clause 1 of this Article and must include the following minimum components:

- A representative from the leadership of the agency specified in Clause 1 of this Article shall serve as the Chairman of the Board;

- An officer responsible for the HIV Testing Laboratory authorized to confirm HIV-positive cases under the management of the agencies specified in Clause 1 of this Article or the nearest HIV Testing Laboratory authorized to confirm HIV-positive cases;

- A representative from the social insurance agency where the person exposed to HIV participates in health insurance;

- An officer from the agency receiving applications as specified in Clause 1 of this Article shall serve as the Secretary of the Board.

b\. The Minister of Health shall specify in detail the Regulations on the organization, responsibilities, and operations of the Advisory Boards of the agencies specified in Clause 1 of this Article.

Article 6. Application dossier for Certificates of Exposure to HIV due to Occupational Accidents and Risks, and Certificates of Infection with HIV due to Occupational Accidents and Risks

1\. The application dossier for a Certificate of Exposure to HIV due to Occupational Accidents and Risks includes the following:

a\. Record of Occupational Accident or Risk;

b\. A legally certified copy of the negative HIV test result of the person exposed, including the reading of the ELISA test result;

c\. A letter requesting issuance of a Certificate of Exposure to HIV from the agency or unit where the person exposed to HIV is working.

2\. The application dossier for a Certificate of Infection with HIV due to Occupational Accidents and Risks includes the following:

a\. Certificate of Exposure to HIV due to Occupational Accidents and Risks;

b\. A legally certified copy of the positive HIV test result of the person exposed to HIV after being issued a Certificate of Exposure to HIV according to Clause 2 of Article 4 of this Decision, including the reading of the ELISA test result;

c\. A letter requesting issuance of a Certificate of Infection with HIV due to Occupational Accidents and Risks from the agency or unit where the person infected with HIV is working.

Article 7. Procedures for Issuing Certificates of Exposure to HIV due to Occupational Accidents and Risks, and Certificates of Infection with HIV due to Occupational Accidents and Risks

1\. The procedure for reviewing applications for Certificates of Exposure to HIV due to Occupational Accidents and Risks, and Certificates of Infection with HIV due to Occupational Accidents and Risks:

a\. Within five working days from the date of receipt of all required documents as stipulated in Article 6 of this Decision, the agency receiving the application must convene a meeting of the Expert Advisory Board to review the application dossier for Certificates of Exposure to HIV due to Occupational Accidents and Risks, and Certificates of Infection with HIV due to Occupational Accidents and Risks.

In case the file does not comply with the provisions of Article 6 of this Decision, within two working days from the date of receiving the file, the agency receiving the file must issue a written notice clearly stating the reasons to the entity requesting the HIV Exposure Certificate due to occupational accident or risk, the HIV Infection Certificate due to occupational accident or risk, so that the entity can supplement or complete the file.

b) Within two working days from the date of the review meeting, the Expert Advisory Board must submit the minutes of the review to the leadership of the agency specified in Clause 1 of Article 5 of this Decision for consideration and decision on issuing the HIV Exposure Certificate due to occupational accident or risk, the HIV Infection Certificate due to occupational accident or risk; if not issued, there must be a written response stating the reasons.

2. The model of the HIV Exposure Certificate, the HIV Infection Certificate as prescribed in Appendix II attached to this Decision.

Article 8. Effectiveness

This Decision takes effect fifteen days from the date of publication in the Official Gazette.

Article 9. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government agencies, Chairpersons of provincial People's Committees under the direct jurisdiction of the central government shall be responsible for implementing this Decision./.