Decision No. 511/1999/QĐ-BCA(V26) On the issuance of regulations on prevention and control of HIV/AIDS in prisons, educational facilities, and rehabilitation schools

Pursuant to …;

On the issuance of regulations on prevention and control of HIV/AIDS in detention centers, educational facilities, and rehabilitation schools

- Educational Facilities, Rehabilitation Schools

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THE MINISTER OF PUBLIC SECURITY

- Pursuant to the Ordinance on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV/AIDS), which was adopted by the Standing Committee of the National Assembly on May 31, 1995;

- Pursuant to the Ordinance on Enforcement of Criminal Sentences, which was adopted by the Standing Committee of the National Assembly on March 8, 1993.

- Pursuant to the Ordinance on Handling Administrative Violations, which was adopted by the Standing Committee of the National Assembly on July 6, 1995;

- Pursuant to Decree No. 37/1998/NĐ-CP dated June 9, 1998 of the Government stipulating the tasks, powers, and organizational structure of the Ministry of Public Security;

At the proposal of the AIDS Prevention and Control Board - Ministry of Public Security;

Pursuant to …;

Article 1. The attached Decision "Regulations on Prevention and Control of HIV/AIDS in Detention Centers, Educational Facilities, and Rehabilitation Schools" is hereby issued.

Article 2. THIS DECISION SHALL TAKE EFFECT 15 DAYS AFTER THE DATE OF SIGNATURE.

Article 3. The Head of the AIDS Prevention and Control Board - Ministry of Public Security, Directors of General Departments; Department Heads; Bureau Chiefs under the Minister; Provincial Police Chiefs; Prison Wardens; Detention Center Wardens; Educational Facility Directors; Rehabilitation School Principals shall be responsible for implementing this decision.

REGULATIONS

On prevention and control of HIV/AIDS in detention centers,

educational facilities, rehabilitation schools

(Issued pursuant to Decision No. 511/1999/QĐ-BCA(V26) dated September 3, 1999 of the Minister of Public Security)

of the Minister of Public Security in 1999 )

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PART I

GENERAL PROVISIONS

Article 1. Prevention and control of HIV/AIDS in detention centers, educational facilities, and rehabilitation schools is the responsibility of all police officers and soldiers working in these institutions and all inmates, detainees, and students serving their sentences or undergoing administrative measures in educational facilities and rehabilitation schools, based on the principle of proactive prevention, blocking, and preventing the spread of HIV/AIDS.

Article 2. The Ministry of Public Security assigns the AIDS Prevention and Control Board - Ministry of Public Security and the Director of the Prison Management Bureau to take responsibility for proposing programs, plans, guidance, inspection, budgeting to ensure activities for the prevention and control of HIV/AIDS in detention centers, educational facilities, and rehabilitation schools, while directing detention centers, educational facilities, and rehabilitation schools to coordinate with provincial AIDS Prevention and Control Committees, Health Departments, Public Security Departments, and Preventive Health Centers in the provinces where these institutions are located to conduct propaganda, counseling, treatment, and HIV/AIDS testing according to state regulations.

Article 3. Inmates, detainees, and students infected with HIV/AIDS shall not be discriminated against and their illness must be kept confidential.

Chapter II

SPECIFIC PROVISIONS

Article 4. When conducting health checks to admit inmates, detainees, and students into detention centers, educational facilities, and rehabilitation schools, they must declare their history of drug use and HIV/AIDS. For cases at high risk of HIV infection, blood tests will be conducted to detect HIV/AIDS. Those found to be infected with HIV/AIDS will have separate medical records established for monitoring, managing, treating, and arranging appropriate labor.

Article 5. Inmates, detainees, and students infected with HIV/AIDS do not necessarily need to be managed and reformed in separate groups.

Article 6. It is strictly prohibited to disseminate false information about HIV/AIDS infections in detention centers, educational facilities, and rehabilitation schools, or to discuss without basis the condition of HIV/AIDS in others. It is strictly prohibited for inmates, detainees, and students to tattoo, engage in homosexual acts, use addictive substances, or illegally inject drugs in detention centers, educational facilities, and rehabilitation schools.

It is strictly prohibited for inmates, detainees, and students infected with HIV/AIDS to engage in behavior that spreads the virus to others.

Article 7. When transferring inmates, detainees, and students infected with HIV/AIDS to new locations, relevant files, medical records, and related documents must be handed over to the new unit for continued monitoring and management.

When transporting inmates, detainees, and students infected with HIV/AIDS to hospitals for treatment, healthcare staff from detention centers, educational facilities, and rehabilitation schools must communicate with the hospital's specialized doctors to inform them of the situation so that they can plan for management and treatment.

When transporting inmates, detainees, and students infected with HIV/AIDS to hospitals for treatment, healthcare staff from detention centers, educational facilities, and rehabilitation schools must communicate with the hospital's specialized doctors to inform them of the situation so that they can plan for management and treatment.

Article 8. For inmates, detainees infected with HIV/AIDS who are allowed to meet their spouses for 24 hours, detention centers and educational facilities must provide counseling to prevent the spread of HIV/AIDS to others.

Article 9. If inmates, detainees, and students infected with HIV/AIDS progress to the AIDS stage and meet the conditions and criteria set by law, the Warden of the Detention Center, Director of the Educational Facility, and Principal of the Rehabilitation School shall prepare a file to request a temporary suspension of sentence execution, a temporary suspension of the decision to place in an educational facility or rehabilitation school, and a reduction in the time served for imprisonment and the time served for placement in an educational facility or rehabilitation school according to state regulations for people suffering from serious illnesses.

Article 10. Two months before the end of the term of imprisonment or placement in an educational facility or rehabilitation school for inmates, detainees, and students infected with HIV/AIDS, the Warden of the Detention Center, Director of the Educational Facility, and Principal of the Rehabilitation School shall notify the person in charge of the health authority at the district or county where the inmate, detainee, or student resides to proactively manage and counsel them and their families.

Article 11. The Warden of the Detention Center, Director of the Educational Facility, and Principal of the Rehabilitation School shall be responsible for informing directly managing staff such as health care, education, surveillance, guard duty, management, and class teachers about individuals infected with HIV/AIDS within their jurisdiction.

- Officers assigned to monitor, manage, and treat inmates, detainees, and students infected with HIV/AIDS shall not discriminate against them, must absolutely keep the patient's illness confidential, and shall not discuss it with those who are not responsible.

- Health staff at Detention Centers, Educational Facilities, and Rehabilitation Schools must strictly comply with professional regulations on handling HIV/AIDS infections issued pursuant to Decision No. 2557/QĐ dated December 26, 1996, by the Minister of Health.

Article 12. The Warden of the Detention Center, Director of the Educational Facility, and Principal of the Rehabilitation School shall be responsible for immediately transporting police officers performing duties with a risk of HIV/AIDS infection to the nearest health facility for blood testing and monitoring, treatment to prevent and control HIV/AIDS.

Article 13. Staff and soldiers directly managing and treating prisoners, inmates, and students infected with HIV/AIDS shall enjoy preferential benefits as prescribed by the State.

Staff and soldiers who become infected with HIV/AIDS due to direct management and treatment of HIV/AIDS-infected individuals shall be entitled to occupational hazard insurance benefits as stipulated by the State.

Chapter III

IMPLEMENTATION

Article 14. Police staff working at Detention Centers, Educational Facilities, and Rehabilitation Schools shall regularly participate in training and dissemination of knowledge on preventing and controlling HIV/AIDS.

Prevention and control of HIV/AIDS shall be incorporated into the regular education program of Detention Centers, Educational Facilities, and Rehabilitation Schools to enhance awareness among prisoners, inmates, and students regarding prevention and control of HIV/AIDS transmission.

Article 15. The Planning and Finance Department, the Cadre and Personnel Department, the Health Bureau, and the Prison Management Bureau shall base their actions on relevant legal documents, assigned tasks, and the HIV/AIDS prevention and control work plan of the Anti-AIDS Board of the Ministry of Public Security to ensure funding, policies, medical equipment, and direct Detention Centers, Educational Facilities, and Rehabilitation Schools to implement HIV/AIDS prevention and control measures.

The Warden of the Detention Center, the Director of the Educational Facility, and the Principal of the Rehabilitation School have the authority to mobilize resources and funds from healthcare organizations, social organizations, and individuals to support HIV/AIDS prevention and control activities within Detention Centers, Educational Facilities, and Rehabilitation Schools.

Article 16. Detention Centers, Educational Facilities, and Rehabilitation Schools shall establish an HIV/AIDS Prevention and Control Sub-Committee headed by the Warden, Director, or Principal, with the Deputy Warden, Deputy Director, or Deputy Principal overseeing educational affairs serving as the permanent Vice-Chairman, and the education team leader, surveillance team leader, finance-logistics team leader, and medical officer serving as members. The Warden of the Detention Center, the Director of the Educational Facility, and the Principal of the Rehabilitation School shall regularly report on the situation of prisoners, inmates, and students infected with HIV/AIDS to the Anti-AIDS Board of the Ministry of Public Security (V26).

Article 17. The Anti-AIDS Board of the Ministry of Public Security, the Prison Management Bureau, and the Directors of Public Security in provinces and cities shall be responsible for guiding, inspecting, and supervising the implementation of this regulation. They shall promptly commend and reward collectives and individuals with outstanding achievements in HIV/AIDS prevention and control work at Detention Centers, Educational Facilities, and Rehabilitation Schools, and propose appropriate measures against units and individuals violating this regulation.

Chapter IV

IMPLEMENTING PROVISIONS

Article 18. HIV/AIDS prevention and control work in the prisoner management ward of Temporary Detention Centers shall be organized and implemented according to this regulation.

Article 19. The Anti-AIDS Board of the Ministry of Public Security, the Health Bureau, the Prison Management Bureau, and the Directors of Public Security in provinces and cities shall be responsible for providing detailed guidance, inspecting, and urging the implementation of this regulation. Any difficulties or issues encountered during implementation shall be reported to the Ministry (through V26) for review and amendment.