Decision No. 265/2003/QD-TTg On the regime for persons exposed to HIV or infected with HIV/AIDS due to occupational accidents or risks

Pursuant to …;

On the treatment for individuals exposed to HIV or infected with HIV/AIDS due to occupational accidents or risks

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;
Pursuant to the Ordinance on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) dated May 31, 1995;
Pursuant to 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) and Acquired Immune Deficiency Syndrome (AIDS);
At the proposal of the Minister of Health and the Minister of Finance,

Pursuant to …;

Article 1. This Decision stipulates the treatment for individuals exposed to HIV or infected with HIV/AIDS due to occupational accidents or risks.

1. An individual is considered to be exposed to HIV when the skin or mucous membrane of such individual comes into direct contact with blood or biological fluid from an individual infected with HIV/AIDS.

2. An individual infected with HIV/AIDS is one who has been tested for HIV according to the regulations of the Ministry of Health and whose test result is positive.

Occupational accident or risk referred to in this Decision means an accident causing injury to any part or function of the body of an individual, leading to exposure to HIV or infection with HIV/AIDS while performing duties.

Article 2. Individuals exposed to HIV or infected with HIV/AIDS due to occupational accidents or risks, belonging to the categories specified below, shall enjoy benefits as prescribed in Article 3 of this Decision:

1. Civil servants, public officials, and employees working in public health facilities, civilian medical establishments, and armed forces medical units established under Article 26 of the Ordinance on Handling Administrative Violations, or drug rehabilitation centers;

2. Military personnel working at prisons, temporary detention centers, holding houses, educational institutions, juvenile correctional schools, or during the performance of official duties as assigned by the head of the agency or unit;

3. Civil servants and public officials who are members of community-based drug rehabilitation teams as prescribed in Article 13 of Government Decree No. 56/2002/NĐ-CP dated May 15, 2002 on organizing community-based drug rehabilitation;

4. Civil servants and public officials specializing in social evil prevention;

5. Students undergoing internships at state-managed healthcare facilities and individuals under labor contracts as prescribed in Clauses 1 and 2 of this Article.

Article 3.

1. Individuals exposed to HIV due to occupational accidents or risks:

a) Shall be provided with HIV testing and free prophylactic medication against HIV/AIDS as prescribed by a doctor;

b) Shall be granted leave for preventive treatment for twenty working days. During this period, they shall receive full salary and other allowances (if applicable) as prescribed by law.

2. Individuals infected with HIV/AIDS due to occupational accidents or risks:

a) Shall be provided with free treatment for opportunistic infections caused by HIV/AIDS. They shall be treated with specific medications and medications to improve physical condition as guided by the Ministry of Health;

b) Shall be granted leave for treatment of diseases caused by HIV/AIDS, and shall receive full salary and other allowances (if applicable) during the treatment period;

c) If an individual infected with HIV/AIDS still has the ability to work, they shall continue to be assigned suitable work according to their health status; they shall receive wages, promotions, and other benefits as prescribed by current regulations; those participating in mandatory social insurance shall receive monthly occupational disease allowance at a reduction rate of 61% (without the need for a work capacity assessment), and medical insurance shall cover 100% of the costs for examining, treating opportunistic infections caused by HIV/AIDS, and specific treatment medications and medications to improve physical condition as guided by the Ministry of Health;

d) If an individual infected with HIV/AIDS participating in mandatory social insurance is unable to work and must stop working:

- Shall receive a monthly occupational disease allowance at a reduction rate of 61% (without the need for a work capacity assessment);

- Shall receive retirement benefits if they have contributed to social insurance for twenty years or more (regardless of age); there will be no need for a work capacity assessment and no reduction in the retirement pension due to early retirement;

- Shall receive a one-time social insurance benefit as prescribed by the Social Insurance Regulations if they do not meet the conditions for retirement;

- Medical insurance shall cover 100% of the costs for examining and treating opportunistic infections caused by HIV/AIDS, the cost of specific treatment medications, and medications to improve physical condition as guided by the Ministry of Health.

e) If an individual infected with HIV/AIDS dies, then their family or legal representative shall receive death benefits and other benefits as prescribed by the law on social insurance.

Article 4.

1. The head of the agency, unit, or employer shall be responsible for ensuring the implementation of the treatment for individuals exposed to HIV as prescribed in Clause 1 of Article 3 of this Decision.

2. The Social Insurance Fund shall pay the following amounts to individuals contributing to social insurance who are infected with HIV/AIDS and have stopped working:

a) Monthly occupational disease allowance;

b) Monthly retirement pension (for those meeting the conditions for retirement);

c) One-time social insurance benefit (for those not meeting the conditions for retirement);

d) Death benefits as prescribed by the Social Insurance Regulations;

e) Medical insurance benefits as prescribed in Point c or Point d of Clause 2 of Article 3 of this Decision.

3. The head of the agency, unit, or employer shall be responsible for ensuring the implementation of the benefits and payment of the following amounts to individuals infected with HIV/AIDS:

a) Treatment costs as prescribed in Point a of Clause 2 of Article 3 of this Decision;

b) A one-time allowance of at least thirty months' salary and allowances (if applicable) when the employee has been confirmed to be infected with HIV/AIDS due to occupational accidents or risks;

c) Salary and allowances during the treatment period for individuals infected with HIV/AIDS who still have the ability to work.

4. The funds to implement the benefits prescribed in Clauses 1 and 3 of this Article for units funded by the state budget shall be paid from the state budget; for units not funded by the state budget, the employer shall be responsible for the payment.

In the case where the agencies, units, and facilities specified in Article 2 of this Decision are merged or split, the head of the new agency, unit, or facility shall be responsible for paying the benefits as prescribed in Clause 1 and Clause 3 of this Article. In the event that a business goes bankrupt, it shall be implemented in accordance with the provisions of the Bankruptcy Law and related laws.

Article 5

1. The Minister of Health shall be responsible for stipulating the conditions to determine individuals exposed to HIV, infected with HIV/AIDS due to occupational accidents and risks.

2. The Ministry of Health shall take the lead and coordinate with the Ministry of Finance to guide the implementation of this Decision.

Article 6. The Standard Measurement Quality Control Department shall be responsible for organizing and guiding the implementation of the Regulations adopted herein.

Article 7. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and centrally-administered city People's Committees are responsible for implementing this Decision.