Circular No. 40/2010/TT-BYT stipulates on the organization and operation of the Professional Advisory Board for reviewing applications for certificates of HIV exposure and certificates of occupational HIV infection due to accidents.

CIRCULAR

REGULATIONS ON THE ORGANIZATION AND OPERATIONS OF THE EXPERT ADVISORY BOARD FOR REVIEWING APPLICATION FILES FOR ISSUANCE OF CERTIFICATES OF HIV EXPOSURE AND HIV INFECTION DUE TO OCCUPATIONAL ACCIDENTS

Decree No. 188/2007/NĐ-CP December 27, 2007 Government Decree on the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to Decision No. 120/2008/QĐ-TTg August 29, 2008 Prime Minister Decision on conditions for determining individuals exposed to HIV and infected with HIV due to occupational accidents;

Considering the proposal of the Director of the Department of HIV/AIDS Prevention and Control,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

1. These Circulars regulate the organization, responsibilities, and operations of the Expert Advisory Board for reviewing application files for issuance of certificates of HIV exposure and HIV infection due to occupational accidents (hereinafter referred to as the Expert Advisory Board).

2. These Circulars apply to the Expert Advisory Boards established by the heads of the following agencies:

a) The Military Medical Bureau under the Ministry of National Defense;

b) The Health Bureau under the Ministry of Public Security;

c) The Department of Social Evils Prevention and Control under the Ministry of Labor, Invalids and Social Affairs;

d) The Health Bureau under the Ministry of Transport;

e) The Department of HIV/AIDS Prevention and Control under the Ministry of Health;

f) The Departments of Health of provinces and centrally governed cities (hereinafter referred to as the Departments of Health).

Article 2. Principles of Operation

1. The Expert Advisory Board operates collectively, making decisions by majority vote on matters related to application files for issuance of certificates of HIV exposure and HIV infection due to occupational accidents (hereinafter referred to as certificates of HIV exposure and HIV infection).

2. Members of the Expert Advisory Board operate on a part-time basis.

Article 3. Operating funds

The funds serving the activities of the Expert Advisory Board include:

1. Funds allocated from the state budget to agencies and units involved in HIV/AIDS prevention and control activities.

2. Other legitimate sources of funding.

Chapter II

ORGANIZATION OF THE EXPERT ADVISORY BOARD

Article 4. Authority to Establish and Organize the Expert Advisory Board

1. The Expert Advisory Board is established by the head of the agency with authority as stipulated in Clause 2, Article 1 of this Circular through a Decision.

2. The Expert Advisory Board shall consist of the minimum number of members as prescribed in Point a, Clause 2, Article 5 of Decision No. 120/2008/QĐ-TTg dated August 29, 2008 of the Prime Minister on conditions for determining individuals exposed to HIV and infected with HIV due to occupational accidents (hereinafter referred to as Decision No. 120/2008/QĐ-TTg).

3. Depending on the functions and tasks of the agencies and units as stipulated in Clause 2, Article 1 of this Circular and specific conditions, the head of the agency or unit as stipulated in Clause 2, Article 1 of this Circular may supplement representatives from units confirming occupational accidents, representatives from agencies directly managing individuals exposed to HIV and infected with HIV due to occupational accidents, or other suitable members as members of the Expert Advisory Board, but the number of members of the Expert Advisory Board shall not exceed seven people.

Article 5. Responsibilities of the Expert Advisory Board

1. The Expert Advisory Board is responsible for reviewing application files for issuance of certificates of HIV exposure and HIV infection according to Decision No. 120/2008/QĐ-TTg and the provisions of this Circular.

2. Responsibilities of members of the Expert Advisory Board:

a) The Chairman of the Board is responsible for:

- Convening, organizing, and chairing meetings of the Expert Advisory Board to review application files for issuance of certificates of HIV exposure and HIV infection (hereinafter referred to as application files);

- Submitting the minutes of the Expert Advisory Board meeting to the head of the agency or unit establishing the Board for consideration and decision on issuing certificates of HIV exposure and HIV infection.

b) Members of the Board are responsible for reviewing and providing opinions on the contents of application files for issuance of certificates of HIV exposure and HIV infection according to the division of labor by the Chairman.

c) The Secretary of the Board is responsible for:

- Receiving, checking application files, and guiding agencies, units, and individuals applying for certificates of HIV exposure and HIV infection to complete their application files according to the provisions of Article 6 of Decision No. 120/2008/QĐ-TTg;

- Preparing for meetings of the Expert Advisory Board to review application files;

- Recording the minutes of the meeting and performing other tasks assigned by the Chairman.

Chapter III

ACTIVITIES OF THE EXPERT ADVISORY BOARD

Article 6. Procedure for reviewing the file

Shall be implemented in accordance with Clause 1 of Article 7 of Decision No. 120/2008/QĐ-TTg of the Prime Minister on the conditions for identifying individuals exposed to HIV or infected with HIV due to occupational accidents or risks.

Article 7. Meeting of the Expert Advisory Council

1. The meeting of the Expert Advisory Council must have at least two-thirds of the Council members present.

2. Members of the Council shall provide opinions on the contents of the file for which they are responsible for reviewing.

3. The Council shall vote secretly on whether to identify or not identify individuals exposed to HIV or infected with HIV due to occupational accidents or risks for each case.

4. The Chairman of the Council shall be responsible for concluding on agreeing or disagreeing to issue certificates of exposure to HIV or certificates of HIV infection based on the voting results of the Council members and shall bear responsibility under the law for his conclusion.

5. Opinions of Council members on the reviewed files and opinions disagreeing with the Council's conclusion must be fully recorded in the minutes. The Council's minutes must be prepared in two copies and must have the signatures of all Council members.

6. The Council's minutes shall be used as follows:

a) One copy retained by the agency that established the Council.

b) One copy transferred to the head of the agency specified in Clause 2 of Article 1 of this Circular.

Article 8. Management of Files and Certificates of Exposure to HIV, Certificates of HIV Infection

1. Files and certificates of exposure to HIV, certificates of HIV infection shall be managed by the agency specified in Clause 2 of Article 1 of this Circular.

2. Files and certificates of exposure to HIV, certificates of HIV infection shall be managed in accordance with the laws on archiving. Specifically, files and certificates of HIV infection must be stored confidentially.

Chapter IV

IMPLEMENTATION

Article 9. Cross-References

In cases where the referenced documents in this Circular are replaced or amended, they shall be applied according to the replacement or amended documents.

Article 10. Provisions on implementation

This Circular takes effect from December 1, 2010.

During implementation, if there are difficulties, please promptly report to the Ministry of Health (National Center for HIV/AIDS Prevention and Control) for research and resolution./.