Joint Circular No. 27/2004/TTLT-BQP-BTC guiding the implementation of Decision No. 215/2003/QĐ-TTg dated October 24, 2003 of the Prime Minister on the regime for military personnel, defense workers directly engaged in management, education, care, medical examination and treatment, or struggle against individuals infected with HIV/AIDS.

JOINT CIRCULAR

Guidelines for implementing Decision No. 215/2003/QD-TTg dated October 24, 2003 of the Prime Minister on the regime for military personnel, defense workers directly engaged in management, education, care, medical treatment, or struggle against individuals infected with HIV/AIDS

Implementing Decision No. 215/2003/QD-TTg dated October 24, 2003 of the Prime Minister regarding the regime for military personnel, defense workers directly engaged in management, education, care, medical treatment, or struggle against individuals infected with HIV/AIDS; following the opinions of the Ministry of Home Affairs in Circular No. 3059/BNV-TL dated December 30, 2003; the Ministry of Labor, Invalids and Social Affairs in Circular No. 4662/LDTBXH-PCTNXH dated December 26, 2003, the Joint Circular of the Ministry of National Defense and the Ministry of Finance provides guidance as follows:Labor - Invalids and Social Affairsin Circular No. 4662/LDTBXH-PCTNXH dated December 26, 2003, the Joint Circular of the Ministry of National Defense and the Ministry of Finance provides guidance as follows:  as follows:

I. APPLICABLE SUBJECTS AND SUBSIDY LEVELS:

1. Applicable subjects and scope:

Wardens, Deputy wardens, detention assistants, correctional officers, healthcare staff directly providing medical treatment to inmates, guards working at military prisons and temporary detention centers who regularly come into direct contact with individuals infected with HIV/AIDS.

2. Subsidy levels:

Level 1: VND 120,000 per person/month: Applies to the subjects mentioned in Point 1, Section I of this Circular currently working at prisons and temporary detention centers where the proportion of inmates infected with HIV/AIDS is 10% or more.

Level 2: VND 100,000 per person/month: Applies to the subjects mentioned in Point 1, Section I of this Circular currently working at prisons and temporary detention centers where the proportion of inmates infected with HIV/AIDS is less than 10%.

The proportion of inmates infected with HIV/AIDS is determined based on the number of individuals confirmed by the health authority of the Ministry of National Defense to be infected with HIV/AIDS out of the total number of inmates currently present at the prison or temporary detention center at the time of reporting.

3. Method of payment:

The aforementioned subsidy is paid together with monthly salary. In cases where military personnel, defense workers work for 16 days or more per month, they will receive 100% of the subsidy; if they work for less than 16 days per month, they will receive 50% of the subsidy.

II. REGIME AND PROCEDURES, FILES FOR RESOLVING THE REGIME FOR MILITARY PERSONNEL, DEFENSE WORKERS INFECTED WITH HIV/AIDS WHILE PERFORMING DUTIES:

1. Military personnel, defense workers while performing duties are attacked by criminals and their skin or mucous membranes come into direct contact with blood or biological fluids of individuals infected with HIV/AIDS (exposed to HIV), then the unit directly managing these personnel must record the incident (signed and stamped by the unit leader or local government representative where the incident occurred) and keep it in the file; simultaneously organize for them to go to the health agency for HIV testing.

The regime for military personnel, defense workers exposed to HIV while managing, educating, caring for, or treating individuals infected with HIV/AIDS at prisons and temporary detention centers shall be implemented according to current regulations on the regime for those exposed to HIV or infected with HIV/AIDS due to occupational accidents.

2. Military personnel, defense workers mentioned in Point 1, Section II of this Circular, when officially diagnosed by a competent health agency as being infected with the HIV virus (positive test result), shall enjoy the following benefits and policies:

They shall be assigned appropriate work by the unit.

They shall be prioritized for medical examination, treatment, and provided with specific medications, medications to improve physical condition, and medications to treat opportunistic infections caused by HIV/AIDS, in accordance with guidelines from the Ministry of Health.

They shall continue to receive full salary and other subsidies and allowances during the period of medical examination and treatment.

They shall enjoy the policy for disabled veterans; if deceased, they may be recommended for recognition as martyrs in accordance with Decree No. 28/CP dated April 29, 1995 of the Government detailing and guiding the implementation of certain provisions of the Ordinance on Preferential Treatment for Revolutionary Activists, Martyrs, and Families of Martyrs, War Invalids, and Persons Contributing to the Revolution.

3. Procedures and files for resolving the disabled veteran status and recommending recognition as a martyr for military personnel, defense workers infected with HIV/AIDS mentioned in Point 1, Section II of this Circular.

a. Procedures and files for resolving the disabled veteran status:

The unit directly managing military personnel, defense workers has the responsibility to establish a report file and submit it according to the level of authority to the Ministry of National Defense, including:

Incident record (as mentioned in Point 1, Section II of this Circular);

HIV/AIDS testing form and conclusion from the health agency conducting the test;

Personal form;

Medical diagnosis record;

Voluntary resignation form for disabled veteran status.

Based on the application files submitted by units, the Ministry of National Defense will examine and issue certificates of disabled veteran status and disability allowance forms for military personnel, defense workers, and resolve their disabled veteran rights in accordance with Point 2, Section II, Part C of the Joint Circular No. 16/1998/TTLT-BLDTBXH-BQP-BCA dated November 25, 1998 of the Ministry of Labor, Invalids and Social Affairs, the Ministry of National Defense, and the Ministry of Public Security guiding certain points on recognizing and resolving rights for martyrs and families of martyrs, war invalids, and persons enjoying the same benefits as war invalids and disabled veterans.

b. Procedures and files for applying for recognition as a martyr:

The unit directly managing military personnel, defense workers has the responsibility to establish a file for applying for recognition as a martyr, including:

Incident record (as mentioned in Point 1, Section II of this Circular);

HIV/AIDS testing form and conclusion from the health agency conducting the test;

Personal form;

Medical records and death certificate from the hospital, infirmary, or health center where the military personnel, defense worker was treated. If deceased at home, in addition to the medical records, there must also be a confirmation from the People's Committee of the commune or ward where the deceased resided about the death case;

Death notice signed by the competent authority;

Certificate of kinship of the military personnel, defense worker proposed for recognition as a martyr issued by the People's Committee of the commune or ward where the kin resides (in case of death at home).

The direct managing agency for military personnel, defense workers, and employees shall retain one set of files and be responsible for monitoring and transferring the files of烈士认定和烈士权益处理申请 to the Department of Labor - Invalids and Social Affairs where the family of the烈士resides until the烈士's rights are fully resolved.

III. IMPLEMENTATION

1. Annually, the Ministry of National Defense shall be responsible for monitoring and testing the ratio of individuals infected with HIV/AIDS currently under management and detention in each prison or temporary detention center, serving as the basis for determining the level of subsistence allowance for military personnel, defense workers, and employees, and checking the implementation of relevant provisions for military personnel, defense workers, and employees as stipulated in this Circular.

2. Based on the ratio of individuals infected with HIV/AIDS in each prison or temporary detention center that has been determined, every six months, the heads of units shall report to the Ministry of National Defense to decide the number of military personnel, defense workers, and employees entitled to subsistence allowances in each prison or temporary detention center.

3. The funding for the subsistence allowances provided to military personnel, defense workers, and employees infected with HIV/AIDS as stipulated in this Joint Circular shall be included in the annual budget announced by the Ministry of National Defense.

4. Military personnel, defense workers, and employees who are attacked by criminals while performing their duties and become infected with HIV/AIDS before the effective date of Decision No. 215/2003/QĐ-TTg dated October 24, 2003 of the Prime Minister shall also be entitled to the benefits for disabled veterans and martyrs as specified in Section II of this Circular.

5. This Circular shall take effect fifteen days after its publication in the Official Gazette.

During the implementation process, if there are any difficulties, units are advised to reflect them back to the relevant ministries for consideration, study, and resolution./.