JOINT CIRCULAR No. 25/1999/TTLT/BLDTBXH-BYT PROVISIONALLY REGULATING THE LIST OF OCCUPATIONS AND JOBS THAT PEOPLE INFECTED WITH HIV/AIDS ARE NOT PERMITTED TO ENGAGE IN

JOINT CIRCULAR

Provisionally defined list of occupations and jobs that people infected with HIV/AIDS are not allowed to perform

Pursuant to Article 22 of the Ordinance on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV) dated May 31, 1995, and Article 3 of Decree No. 34/CP dated June 1, 1996 of the Government guiding the implementation of the Ordinance on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV). After receiving opinions from Within 10 working days from the date of receipt of the dossier as mentioned in Sub-clause b, Clause 1, Article 3 above, the Ministry of Foreign Affairs will review and submit to the competent authority for decision (Issues exceeding the Ministry of Foreign Affairs' jurisdiction will be referred to the Prime Minister for consideration and decision).y the National Committee for HIV/AIDS Prevention and Control Pursuant to Decree No. 34/CP dated June 1, 1996 of the Government guiding the implementation of the Ordinance on Prevention and Control of Viral Infections Causing Acquired Immunodeficiency Syndrome (AIDS); in Circular No. 741/UB dated September 29, 1999, jointly issued by the Ministry of Labor, War Invalids and Social Affairs, and the Y Ministry of Health provisionally defines the list of occupations and jobs that people infected with HIV/AIDS are not allowed to perform as follows:

I. LIST OF OCCUPATIONS AND JOBS THAT PEOPLE INFECTED WITH HIV/AIDS ARE NOT ALLOWED TO PERFORM

1. Medical services: surgery; obstetrics; ophthalmology; dentistry; otolaryngology; hematology and laboratory testing; blood transfusion; dermatology; open oncology; injections; acupuncture; biopsy, endoscopy, and other medical services involving direct contact with patients' blood and biological fluids.

2. Direct production of vaccines; immunological products; diagnostic products; serum for prevention and treatment; products derived from blood.

3. Plastic surgery and aesthetic services: face peeling; nose correction; skin grafting; tattooing and removal of tattoos, eyelids, lips, eyebrows; fat extraction under the skin and other services involving direct contact with blood and biological fluids.

4. Personal care services: hair cutting, styling, washing, drying; nail cutting, trimming, filing; ear and nose piercing; massage and acupressure.

5. Sterilization of medical examination and treatment equipment.

6. Direct service in hotel rooms and dance hall hostess positions.

7. Childcare and care at kindergartens, preschools, and service facilities.

II. IMPLEMENTATION

I. Responsibilities of employers in enterprises, agencies, and units:

a) Educate and disseminate the contents of this Circular to employees.

b) Within three months from the date of officially receiving notification from the competent health authority, employers must transfer employees infected with HIV/AIDS who are performing the occupations and jobs specified in Part I of this Circular to other suitable jobs.

c) Shall not terminate employment, nor engage in discriminatory behavior against employees infected with HIV/AIDS;

d) Ensure salary rights, social insurance benefits, and other policies for employees infected with HIV/AIDS as stipulated by law;

e) Maintain confidentiality of positive HIV test results of employees. 2. Responsibilities of employees: when having a positive test result, they must:

a) Immediately report to their employer and voluntarily cease performing the occupations and jobs specified in Part of employees. of this Circular, ready to take on new assignments as directed by the employer;

b) Actively implement measures to prevent transmission to others. I 3. Responsibilities of healthcare facilities.

3.1. Healthcare facilities of production, business, and service establishments:

a) Collaborate with employers to educate, advise, and counsel employees on measures to prevent HIV/AIDS transmission;

b) Report the list of individuals at risk of HIV/AIDS infection to the employer and the HIV/AIDS testing facility.

3.2. Healthcare facilities at district level and above:

a) Directors and responsible persons of healthcare facilities at district level and above have the authority to order HIV/AIDS testing for individuals at risk of infection in production, business, and service establishments;

b) Immediately inform the employer of the HIV/AIDS test results;

c) Provide free counseling to employees on measures to prevent HIV/AIDS transmission.

The Department of Labor, War Invalids and Social Affairs and the Department of Health shall coordinate with

the local HIV/AIDS prevention committees to organize the implementation and inspection of this Circular in units and enterprises within their jurisdiction according to their functions and authorities.

4This Circular takes effect fifteen days after its issuance date. During implementation, if there are difficulties, please report them to the Ministry of Labor, War Invalids and Social Affairs (Labor Protection Department) and the Ministry of Health (AIDS Board) for research and resolution./. The local HIV/AIDS prevention boards are responsible for organizing theimplementation and inspecting the enforcement of this Circular to units andenterprises operating within their jurisdiction according to their functionalauthority.

5This Circular takes effect fifteen days from the date of issuance. In thecourse of implementation, if there are any difficulties, they are requested to be reported to the Ministry of Labor, Invalids and Social Affairs (Labor ProtectionDepartment) and the Ministry of Health (AIDS Board) for study and resolution./.