Decision No. 38/QD-TTg on cooperation in preventing and controlling HIV/AIDS transmission across borders

DECISION

Regulations on cooperation in preventing and controlling HIV/AIDS transmission across borders1. This Decision stipulates the principles, contents, forms, and responsibilities for implementing cooperative activities in preventing and controlling HIV/AIDS transmission across borders between ministries, sectors, People's Committees at all levels located along border areas or international gateways of Vietnam (hereinafter referred to as Vietnamese state management agencies) and corresponding agencies of neighboring countries.

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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 regulation and applicable subjects

2. This Decision applies to ministries, sectors, and People's Committees at all levels located along border areas or international gateways related to cooperative activities in preventing and controlling HIV/AIDS.

Principles of Cooperation 1. In accordance with national interests and foreign policy of the Socialist Republic of Vietnam.

Article 2. 2. Respect sovereignty and refrain from interfering in internal affairs of other countries.

3. In accordance with other fundamental principles of international law.

4. In accordance with international treaties on preventing and controlling HIV/AIDS to which the Socialist Republic of Vietnam is a member.

5. In accordance with laws on preventing and controlling HIV/AIDS and other relevant laws of the Socialist Republic of Vietnam and neighboring countries.

6. In accordance with the functions, tasks, and authorities of agencies directly implementing cooperative activities.

Contents of Cooperation

1. Exchange of information and experiences in preventing and controlling HIV/AIDS with neighboring countries.

Article 3. 2. Cooperation in implementing measures to prevent and control HIV/AIDS across borders, including:

a) Investigating and surveying the current situation of HIV/AIDS transmission in border areas;

b) Information, education, and communication aimed at changing behavior through various rich and diverse forms and languages of ethnic groups living in border areas;

c) Providing free or subsidized condoms and clean syringes through programs and projects;

d) Examining and treating sexually transmitted diseases in border areas;

đ) Counseling, caring for, and treating people infected with HIV/AIDS in border areas.

3. Integrating activities to prevent and control HIV/AIDS when conducting cooperative activities on

preventing and controlling drug trafficking, prostitution, trafficking in women and children, and other social evils across borders. 4. Other contents of cooperation suitable to the actual situation in each locality.

Forms of Cooperation 1. Signing international agreements or exchanging documents to form international agreements.

2. Developing plans for cooperation in preventing and controlling HIV/AIDS in border areas.

Article 4. 3. Organizing regular meetings or exchanges of information and sharing experiences between ministries, sectors, and People's Committees at all levels of Vietnam and corresponding agencies of neighboring countries to review and draw lessons from activities to prevent and control HIV/AIDS transmission across borders.

4. Other forms of cooperation suitable to the actual situation of ministries, sectors, and localities.

a) Chairing and coordinating with relevant ministries and sectors:

- Advising competent authorities on building, negotiating, and signing international treaties on preventing and controlling HIV/AIDS transmission with neighboring countries;

- Directly negotiating and signing international agreements on preventing and controlling HIV/AIDS transmission with corresponding agencies of neighboring countries;

Article 5. Responsibilities for implementation

1. Ministry of Health:

b) Implementing international treaties and agreements on preventing and controlling HIV/AIDS transmission across borders;

c) Guiding and directing provincial health departments along border areas to implement work on preventing and controlling HIV/AIDS transmission across borders as prescribed in Article 3 of this Decision.

a) Advising competent authorities on HIV/AIDS prevention and control contents when signing international treaties on preventing and controlling drug trafficking, trafficking in women and children, and other social evils with neighboring countries;

b) Studying and integrating HIV/AIDS prevention and control contents when signing international agreements on preventing and controlling drug trafficking, trafficking in women and children, and other social evils with neighboring countries;

c) Implementing the integration of HIV/AIDS prevention and control contents when carrying out activities on preventing and controlling drug trafficking, trafficking in women and children, and other social evils in border areas;

2. The Ministry of Public Security:

d) Cooperating with the Ministry of Health and relevant ministries and sectors in organizing and implementing activities to prevent and control HIV/AIDS transmission across borders as prescribed in Article 3 of this Decision;

đ) Directing police forces at all levels to provide information about population management in their assigned areas and cooperating with health agencies at the same level in implementing activities to prevent and control HIV/AIDS.

3. Ministry of Labor, Invalids, and Social Affairs:

a) Advising competent authorities on HIV/AIDS prevention and control contents when signing international treaties on preventing and controlling prostitution, drug rehabilitation, and community reintegration support for women and children trafficked from abroad (hereinafter collectively referred to as preventing and controlling prostitution, drugs, and other social evils) with neighboring countries;

b) Studying and integrating HIV/AIDS prevention and control contents into international agreements on preventing and controlling prostitution, drugs, and other social evils with neighboring countries;

c) Implementing the integration of HIV/AIDS prevention and control contents when carrying out activities on preventing and controlling prostitution, drugs, and other social evils in border areas;

đ) Guiding and directing provincial labor, invalids, and social affairs departments along border areas:

- Implementing the integration of work on preventing and controlling HIV/AIDS transmission across borders with work on preventing and controlling prostitution, drugs, and other social evils;

- Cooperating with health agencies at the same level in organizing and implementing activities to prevent and control HIV/AIDS.

a) Advising competent authorities on HIV/AIDS prevention and control contents when signing international treaties on preventing and controlling prostitution, drug rehabilitation, and community reintegration support for women and children trafficked from abroad (hereinafter collectively referred to as preventing and controlling prostitution, drugs, and other social evils) with neighboring countries;

đ) Directing and guiding the Department of Labor, Invalids and Social Affairs of border provinces:

- To integrate border-based HIV/AIDS prevention and control activities with prostitution, drug abuse, and other social evils prevention and control activities; - To coordinate with the health authorities at the same level in organizing and implementing HIV/AIDS prevention and control activities.

- Coordinate with the health agency at the same level in organizing and implementing activities to prevent and control HIV/AIDS.

4. The Ministry of National Defense:

a) Advise competent authorities on contents related to prevention and control of HIV/AIDS when signing international treaties on security and defense with neighboring countries sharing borders;

b) Study and integrate contents related to prevention and control of HIV/AIDS into international agreements on security and defense with neighboring countries sharing borders;

c) Implement integration of contents related to prevention and control of HIV/AIDS when carrying out activities on security and defense in border areas;

a) Advising competent authorities on HIV/AIDS prevention and control contents when signing international treaties on preventing and controlling prostitution, drug rehabilitation, and community reintegration support for women and children trafficked from abroad (hereinafter collectively referred to as preventing and controlling prostitution, drugs, and other social evils) with neighboring countries;

d) Direct military units stationed in border areas to integrate information dissemination, education, and communication activities on prevention and control of HIV/AIDS into unit activities and educate the local population about these issues;

e) Direct Border Guard units stationed in border areas:

- Integrate activities on prevention and control of HIV/AIDS with activities on protecting national sovereignty, border security, and combating drug trafficking, prostitution, and child and women trafficking across borders;

- Coordinate with public security agencies in the area for population management in communes, wards, and towns along the border to provide information and coordinate with health agencies at the same level in implementing activities on prevention and control of HIV/AIDS;

5. The Ministry of Foreign Affairs shall be responsible for researching to integrate activities on preventing the spread of HIV/AIDS through borders when reviewing international treaties and agreements;

6. Ministries, ministerial-level agencies, and government agencies within their respective functions and tasks shall be responsible for researching to integrate activities on preventing the spread of HIV/AIDS through borders when signing international agreements or advising the Government to integrate contents on prevention and control of HIV/AIDS through borders when signing international treaties;

7. Responsibilities of People's Committees at all levels:

a) Provincial People's Committee:

- Negotiate and sign international agreements with corresponding agencies of neighboring countries regarding implementation of measures to prevent the spread of HIV/AIDS through borders as stipulated in Article 3 of this Decision, particularly focusing on negotiating agreements on organizing preventive activities against HIV/AIDS at entertainment venues and border markets;

- Direct the AIDS Prevention and Control Steering Committee to integrate and implement activities on preventing the spread of HIV/AIDS through borders with activities on preventing drug trafficking, prostitution, and child and women trafficking across borders;

- Direct specialized agencies under its jurisdiction to organize and implement activities on preventing the spread of HIV/AIDS through borders;

b) District People's Committee:

- Organize and implement measures to prevent the spread of HIV/AIDS through borders according to directives from the Provincial People's Committee;

- Study the actual situation of the locality and propose measures to prevent the spread of HIV/AIDS through borders to the Provincial People's Committee;

c) Commune People's Committee:

- Organize and implement measures to prevent the spread of HIV/AIDS through borders according to directives from the District People's Committee;

- Study the actual situation of the locality and propose measures to prevent the spread of HIV/AIDS through borders to the District People's Committee for submission to the Provincial People's Committee;

Article 6. 1. The funding for determining the degree of disability and issuing the Disability Confirmation Certificate is allocated in the annual budget estimate of the commune in accordance with the State Budget Law and guiding documents.

Annually, ministries, sectors, and localities shall prepare plans to allocate and utilize budgets to implement activities on preventing the spread of HIV/AIDS through borders in accordance with current laws;

Article 7. Effectiveness

This Decision takes effect fifteen days after its publication in the Official Gazette;

Article 8. Responsibility for Implementation

Ministers, heads of ministerial-level agencies, heads of government agencies, and Chairpersons of provincial People's Committees as specified in Clause 2, Article 1 are responsible for enforcing this Decision./;