Decision No. 24/2023/QĐ-TTg on conditions for determining individuals exposed to HIV and those infected with HIV due to occupational accidents and risks issued by the Prime Minister.

Pursuant to …;

REGULATIONS ON CONDITIONS FOR DETERMINING PERSONS EXPOSED TO HIV AND PERSONS INFECTED WITH HIV DUE TO OCCUPATIONAL ACCIDENTS

PERSON INFECTED WITH HIV DUE TO OCCUPATIONAL ACCIDENT

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing Certain Provisions of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) dated June 29, 2006; and the Law Amending and Supplementing Certain Provisions of the Law on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) dated November 16, 2020;

At the proposal of the Minister of Health;

The Prime Minister issues this Decision to stipulate conditions for determining persons exposed to HIV and persons infected with HIV due to occupational accidents.

Article 1. Scope of Regulation

This Decision stipulates conditions for determining persons exposed to HIV and persons infected with HIV due to occupational accidents; procedures for issuing certificates of exposure to HIV and infection with HIV due to occupational accidents.

Article 2. Conditions for Determining Persons Exposed to HIV Due to Occupational Accidents

Persons determined to be exposed to HIV due to occupational accidents must meet the following conditions:

1. When performing their duties, they suffer one of the following accidents:

a) Blood, blood products, or body fluids from an HIV-infected person come into direct contact with mucous membranes or damaged skin.

b) Blood, blood products, or body fluids from a person whose HIV status cannot be determined come into direct contact with mucous membranes or damaged skin.

2. They have a negative HIV test result conducted by a testing facility in accordance with the law on medical examination and treatment. The blood sample used for the HIV test must be taken from the person who suffered the occupational accident within 72 hours from the time of the accident as specified in Clause 1 of this Article.

Article 3. Conditions for Determining Persons Infected with HIV Due to Occupational Accidents

Persons determined to be infected with HIV due to occupational accidents must meet the following conditions:

1. They were exposed to HIV due to an occupational accident.

2. They have a positive HIV test result conducted by an HIV testing facility that meets the criteria to confirm a positive HIV result. The blood sample used for the test must be taken from the person exposed to HIV between 30 days and 180 days from the time of the occupational accident.

Article 4. Authority to Issue Certificates of Exposure to HIV and Infection with HIV Due to Occupational Accidents

1. The Ministry of Health shall issue certificates of exposure to HIV and infection with HIV due to occupational accidents for individuals under its jurisdiction.

2. The Ministry of National Defense shall issue certificates of exposure to HIV and infection with HIV due to occupational accidents for individuals under its jurisdiction.

3. The Ministry of Public Security shall issue certificates of exposure to HIV and infection with HIV due to occupational accidents for individuals under its jurisdiction.

4. Provincial Departments of Health under central cities shall issue certificates of exposure to HIV and infection with HIV due to occupational accidents for individuals under their jurisdiction and those under the jurisdiction of other ministries and sectors, except for cases stipulated in Clauses 1, 2, and 3 of this Article.

Article 5. Documents Required for Issuing Certificates of Exposure to HIV and Infection with HIV Due to Occupational Accidents

1. Documents required for issuing certificates of exposure to HIV due to occupational accidents include:

a) A letter requesting issuance of a certificate of exposure to HIV due to occupational accident in accordance with Model No. 01 attached to this Decision;

b) An accident report;

c) Original or copy of the negative HIV test result;

d) Original or copy of the positive HIV test result of the source of HIV exposure (if available).

2. Documents required for issuing certificates of infection with HIV due to occupational accidents include:

a) A letter requesting issuance of a certificate of infection with HIV due to occupational accident in accordance with Model No. 02 attached to this Decision;

b) Original or copy of one of the following documents: positive HIV test result, summary of the medical record of the person infected with HIV due to occupational accident.

Article 6. Procedure for Issuing Certificates of Exposure to HIV and Infection with HIV Due to Occupational Accidents and Risks

1. The agency, organization, or unit managing individuals exposed to HIV or infected with HIV due to occupational accidents and risks (hereinafter referred to as the managing agency) shall submit one set of documents to the competent authority for issuing certificates as prescribed in Article 4 of this Decision.

2. Methods of submitting documents:

a) Directly;

b) Through postal service;

c) Electronically.

3. Procedure for examining, accepting documents, and issuing certificates:

a) In cases where the documents are valid, within five working days from the date of receiving all necessary documents, the competent authority for issuing certificates of exposure to HIV and infection with HIV due to occupational accidents and risks shall issue the certificate according to Model No. 04 and Model No. 05 attached as an appendix to this Decision;

b) In cases where the documents are invalid, within two working days from the date of receiving the documents, the competent authority must issue a notification specifying the reasons and guiding the managing agency to supplement the documents.

Article 7. Effective Date

This Decision takes effect from December 10, 2023, replacing Decision No. 120/2008/QĐ-TTg dated August 29, 2008 of the Prime Minister on the conditions for identifying individuals exposed to HIV and infected with HIV due to occupational accidents and risks.

Article 8. Transitional Provisions

For applications for certificates of exposure to HIV and infection with HIV due to occupational accidents and risks submitted to the competent state authorities before the effective date of this Decision, they shall be processed in accordance with the provisions of Decision No. 120/2008/QĐ-TTg dated August 29, 2008 of the Prime Minister on the conditions for identifying individuals exposed to HIV and infected with HIV due to occupational accidents and risks.

Article 9. Responsibility for implementation

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees under central cities, and related agencies, organizations, and individuals are responsible for implementing this Decision.