Law Amending and Supplementing Certain Articles of the Law on Prevention and Control of Human Immunodeficiency Virus Infection and Acquired Immunodeficiency Syndrome (HIV/AIDS) No. 71/2020/QH14

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE LAW ON PREVENTION AND CONTROL OF INFECTIOUS DISEASES CAUSED BY HUMAN IMMUNODEFICIENCY VIRUS (HIV/AIDS) ACQUIRED IMMUNE DEFICIENCY SYNDROME CAUSED BY HUMAN IMMUNODEFICIENCY VIRUS IN HUMAN BEINGS (HIV/AIDS) SUFFERING FROM HUMAN IMMUNODEFICIENCY VIRUS (HIV/AIDS)

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On the basis of The Constitution of the Socialist Republic of Vietnam;

The National Assembly enacts this Law to amend and supplement certain articles of the Law on Prevention and Control of Infectious Diseases Caused by Human Immunodeficiency Virus (HIV/AIDS) number 64/2006/QH11. 64/2006/QH11.

Article 1. Amend and supplement certain articles of the Law on Prevention and Control of Infectious Diseases Caused by Human Immunodeficiency Virus (HIV/AIDS)

1. Amend and supplement certain clauses of Article 2 as follows:

a) Amend and supplement Clause 11 as follows:

“11. HIV testingis the implementation of specialized techniques aimed at determining the presence of HIV in blood samples or biological fluids from the human body, including screening for HIV and confirming positive HIV tests.”

b) Amend and supplement Clause 14, Clause 15, and add Clause 16 after Clause 15 as follows:

“14. Mobile personis a person who frequently lives away from home, changes residence and workplace.

15. Harm reduction interventions in HIV preventionare measures aimed at reducing the harmful impact of high-risk behaviors that transmit HIV to individuals and communities.

16. Pre-exposure prophylaxis with antiretroviral drugs against HIVis the use of antiretroviral drugs to prevent and reduce the risk of HIV infection.”

c) For fees and charges that fall under both the decision-making authority of the Ministry of Finance and the People's Councils of provinces (such as: fee for seedling certification, mother tree certification, headstock tree certification, nursery certification, forest seedling certification; fee for scenic spot visitation; fee for historical site visitation; fee for cultural facility and museum visitation; library fee; fee for environmental impact assessment report review; fee for environmental remediation plan review and supplementary environmental remediation plan review; fee for water resource exploration and utilization plan review; fee for groundwater drilling operation condition review; fee for surface water and seawater exploitation and utilization plan review; fee for environmental permit issuance, reissuance, and amendment review; registration fee for security interest transactions; registration fee for residence registration): The fee levels must be commensurate with those set by the Ministry of Finance.”

“b) Timely notify their HIV-positive test results to their spouse, intended spouse, cohabiting partner;

c) Comply with regulations regarding treatment when participating in antiretroviral therapy;”

3. Amend and supplement Clause 2 of Article 11 as follows:

“2. Prioritize access to information, education, and communication on HIV/AIDS prevention and control for the following groups:

a) People living with HIV;

b) Drug users;

c) Sex workers;

d) Men who have sex with men;

e) Transgender people;

f) Spouses and other family members living together with people living with HIV; spouses of persons specified in points b, c, d, and e of this clause;

g) People having sexual relations with people living with HIV;

h) People suffering from sexually transmitted diseases;

i) Mobile persons;

j) Pregnant women;

k) Prisoners, detainees, compulsory educational facility inmates, students in juvenile rehabilitation centers, drug rehabilitation facility residents;

l) Ethnic minorities; people living in mountainous areas, remote and border regions, islands, and areas with particularly difficult socio-economic conditions;

m) People aged 13 to under 30 years old.”

4. Amend and supplement certain clauses of Article 12 as follows:

a) Amend and supplement Clause 3 and add Clause 3a after Clause 3 as follows:

“3. The Ministry of Information and Communications within its scope of duties and powers shall be responsible for organizing and directing media and press agencies to regularly implement activities related to information and communication on HIV/AIDS prevention and control, integrating HIV/AIDS prevention and control programs with other information and communication programs.

3a. The Ministry of Culture, Sports and Tourism within its scope of duties and powers shall be responsible for organizing and directing the inclusion of information and promotion about HIV/AIDS prevention and control in cultural, sports, tourism, and family life activities.”

b) Amend and supplement Clause 5 as follows:

“5. The Ministry of Labor, Invalids and Social Affairs, the Ministry of Public Security, and the Ministry of Defense within their respective scopes of duties and powers shall be responsible for leading and coordinating with relevant ministries and sectors to direct information, education, and communication activities on HIV/AIDS prevention and control at compulsory educational facilities, juvenile rehabilitation centers, drug rehabilitation facilities, social welfare institutions, prisons, detention centers, temporary holding facilities, and other detention facilities.”

c) Amend and supplement Clause 7 as follows:

“7. Mass media organizations shall be responsible for prioritizing time slots and airtime for information, education, and communication on HIV/AIDS prevention and control on radio and television stations; page space and placement in print, broadcast, and online newspapers according to the regulations of the Ministry of Information and Communications. The implementation of information, education, and communication on HIV/AIDS prevention and control shall not be charged, except in cases where it is carried out through orders, assigned tasks with allocated funds by competent state authorities, contracts with HIV/AIDS prevention and control programs or projects, or funded by domestic and foreign organizations and individuals.”

5. Amend and supplement Article 18 as follows:

“Article 18. Prevention and Control of HIV/AIDS in Compulsory Educational Facilities, Juvenile Rehabilitation Centers, Drug Rehabilitation Facilities, Social Welfare Institutions, Prisons, Detention Centers, Temporary Holding Facilities, and Other Detention Facilities

1. The heads of compulsory educational facilities, juvenile rehabilitation centers, drug rehabilitation facilities, social welfare institutions, prisons, detention centers, temporary holding facilities, and other detention facilities shall be responsible for managing, promoting, counseling, testing, caring for, and treating people living with HIV and preventing HIV transmission in the facilities they manage.

2. The Government shall stipulate the management, promotion, counseling, testing, care, and treatment for people living with HIV and preventing HIV transmission as provided for in Clause 1 of this Article.”

6. Amend and supplement Article 20 as follows:

“Article 20. Participation of People Living with HIV and High-Risk Individuals in HIV/AIDS Prevention and Control

1. People living with HIV and high-risk individuals have the right to participate in HIV/AIDS prevention and control activities in accordance with the law, based on their capacity and conditions.

2. The State encourages, creates conditions, and supports people living with HIV and high-risk individuals to join peer education groups and other organizational forms of activities in the field of HIV/AIDS prevention and control as prescribed by law.

3. People living with HIV and high-risk individuals may engage in the following activities:

a) Promote and participate in implementing harm reduction interventions in HIV prevention as prescribed by the Government;

b) Provide counseling services, HIV screening tests, and self-testing HIV kits for high-risk individuals when meeting the conditions prescribed by the Government;

c) Counsel and support high-risk individuals to participate in pre-exposure and post-exposure prophylaxis with antiretroviral drugs against HIV;

d) Support and care for people living with HIV;

e) Participate in the development of policies and laws related to HIV/AIDS prevention and control;

f) Other activities related to HIV/AIDS prevention and control as prescribed by law.”

7. Amend and supplement Article 21 as follows:

“Article 21. Harm Reduction Interventions in HIV Prevention

1. Harm reduction interventions in HIV prevention include:

a) Providing and guiding the use of condoms;

b) Provide, guide the use of clean syringes;

c) Pre-exposure prophylaxis with antiretroviral drugs for HIV;

d) Treatment of opioid substance addiction with substitute medication;

đ) Other appropriate harm reduction interventions;

2. Prioritize harm reduction interventions in HIV prevention for the subjects specified in points a, b, c, d, đ, e, g, h, i, and l of Clause 2, Article 11 of this Law.

3. The Government shall stipulate the organization and implementation of harm reduction interventions in HIV prevention.

8. Amend and supplement Clause 2 and Clause 3 of Article 27 as follows:

“2. Individuals aged 15 years or older and having full capacity for civil conduct may voluntarily request an HIV test.

3. An HIV test for individuals under 15 years old, those without capacity for civil conduct, those with difficulty in understanding and controlling their behavior, and those with limited capacity for civil conduct may only be conducted upon written consent from their parents, guardians, or representatives.”

9. Amend and supplement Article 29 as follows:

“Article 29. Screening HIV tests, confirmatory positive HIV tests.

1. Screening HIV tests shall be conducted at healthcare facilities, in communities, and through self-testing.

2. Confirmatory positive HIV tests shall only be conducted at HIV testing facilities meeting the conditions to conduct confirmatory positive HIV tests. The person being tested must provide their residential address and present a valid identification document issued by a competent state agency, such as a People's Identity Card, Citizen Identification Card, Passport, or other photo-bearing personal information document.

3. Conditions, files, procedures for recognizing HIV confirmatory positive testing facilities according to the regulations of the Government.”

10. Amend and supplement Article 30 as follows:

“Article 30. Notification of positive HIV test results and access to information on HIV-infected persons.

1. The head of the facility specified in Clause 2, Article 29 of this Law shall be responsible for notifying the positive HIV test results.

2. Positive HIV test results shall only be notified to the following persons:

a) The person being tested;

b) The spouse of the person being tested; parents or guardians, representatives of the person being tested who are under 18 years old, those without capacity for civil conduct, those with difficulty in understanding and controlling their behavior, and those with limited capacity for civil conduct;

c) The person assigned the direct counseling and notification of positive HIV test results to the person being tested;

d) The heads and epidemiological surveillance officers of agencies assigned the task of HIV/AIDS epidemiological surveillance;

đ) The heads and chief nursing officers of departments, units of healthcare facilities where HIV-infected patients are treated; medical staff directly responsible for treating and caring for HIV-infected patients at healthcare facilities;

e) The heads, health managers, and medical staff directly responsible for providing healthcare services to HIV-infected patients at compulsory educational institutions, juvenile rehabilitation centers, drug rehabilitation centers, social welfare centers, prisons, temporary detention centers, holding centers, and other detention facilities;

g) The heads and officials assigned the responsibility of the agencies specified in Clause 1, Article 28 of this Law.

3. Persons entitled to access information about HIV-infected individuals include:

a) The persons specified in point d, Clause 2 of this Article;

b) The heads and personnel assigned the task of managing health insurance claims and information at social insurance agencies directly handling health insurance claims for HIV-infected patients;

c) The heads and personnel assigned the task of managing health insurance claims and information at healthcare facilities directly handling health insurance claims for HIV-infected patients;

d) Persons authorized by HIV-infected individuals to access their own information.

4. The scope of access to information about HIV-infected individuals is as follows:

a) The persons specified in point d, Clause 2 of this Article may access information about HIV-infected individuals residing or temporarily residing within the area assigned to them for HIV/AIDS epidemiological surveillance;

b) The persons specified in points b and c, Clause 3 of this Article may access information about HIV-infected individuals seeking medical care at healthcare facilities where they work or have been assigned to conduct health insurance claims assessments.

5. The content of access to information about HIV-infected individuals includes:

a) Personal information as specified in Clause 2, Article 29 of this Law;

b) HIV/AIDS epidemiological information;

c) HIV/AIDS treatment status.

6. The persons specified in points b, c, d, đ, e, g, Clause 2 and Clause 3 of this Article shall be responsible for keeping confidential the information of HIV-infected individuals.

7. The Minister of Health shall stipulate the format and procedure for notifying positive HIV test results and accessing information about HIV-infected individuals as prescribed in this Article.”

11. Amend and supplement some clauses of Article 35 as follows:

a) Amend and supplement Clause 1 as follows:

“1. Pregnant women undergoing HIV testing according to professional recommendations shall have their testing costs covered by the Health Insurance Fund and the State budget as follows:

a) The Health Insurance Fund shall cover the cost for individuals with health insurance cards according to the level of benefits stipulated by the law on health insurance;

b) The State budget shall cover the portion of the cost not covered by the Health Insurance Fund for the group specified in point a of this clause and shall also cover the cost for individuals without health insurance cards according to the price of health insurance services.”

b) Amend and supplement Clause 3 as follows:

“3. HIV-positive pregnant women shall be counseled on preventing and combating HIV/AIDS during pregnancy and breastfeeding.”

c) Amending and supplementing Clause 5 as follows:

“5. The Government shall stipulate the sources of the State budget and the payment methods for the cases specified in point b of Clause 1 of this Article.

The Minister of Health shall specify in detail the procedures, timing, and frequency of HIV testing for pregnant women as stipulated in Clause 1 of this Article; the care and treatment for HIV-positive women during pregnancy, childbirth, and breastfeeding, and measures to reduce mother-to-child transmission of HIV.”

12. Amend and supplement Article 36 as follows:

“Article 36. Pre-exposure and post-exposure prophylaxis for HIV”

1. Persons at risk of HIV exposure, persons exposed to HIV shall be advised and provided with pre-exposure and post-exposure prophylaxis treatment for HIV. Priority shall be given to providing pre-exposure prophylaxis treatment with antiretroviral drugs to persons specified in Points b, c, d, đ, e, and g of Clause 2, Article 11 of this Law.

2. Persons exposed to HIV due to occupational accidents or medical technical risks shall be advised and provided with prophylaxis treatment to prevent HIV transmission and shall enjoy benefits as prescribed by this Law.

13. Amend and supplement Clause 2, Article 39 as follows:

“2. The State shall provide free antiretroviral drugs to the following categories of persons:

a) Persons exposed to HIV and infected with HIV due to occupational accidents;

b) Persons exposed to HIV and infected with HIV due to medical technical risks;

c) Persons exposed to HIV and infected with HIV due to participation in rescue operations;

d) Women and children who are prescribed prevention of mother-to-child transmission of HIV;

đ) Children under six years old infected with HIV;

e) Persons infected with HIV in compulsory educational facilities, educational reform centers, drug rehabilitation centers, social welfare institutions, prisons, temporary detention centers, holding houses, and other detention facilities.”

14. Amend and supplement Article 43 as follows:

“Article 43. Financial sources for HIV/AIDS prevention and control

1. State budget.

2. Health insurance fund.

3. Payment by service users for HIV/AIDS prevention and treatment services.

4. Donations, grants, investments, and gifts from organizations and individuals both within and outside the country.

5. Other lawful financial sources.”

15. Amend and supplement Article 45 as follows:

“Article 45. Benefits and policies for persons directly conducting HIV tests, managing, caring for, and treating HIV-infected persons

Persons directly conducting HIV tests, managing, caring for, and treating HIV-infected persons at compulsory educational facilities, educational reform centers, drug rehabilitation centers, social welfare institutions, prisons, temporary detention centers, holding houses, and other detention facilities shall be prioritized for equipping necessary means and tools to prevent HIV transmission, and shall enjoy occupational allowances and other preferential benefits as stipulated by the Prime Minister.”

16. Repeal Article 42 and Article 44.

Article 2. Implementation clause

1. This Law takes effect from July 1, 2021.

2. From the date this Law takes effect, all assets and finances of the Support, Treatment, and Care Fund for HIV-infected persons shall be used to support, treat, and care for HIV-infected persons according to the decision of the Minister of Health for the central fund and according to the decision of the Chairman of the People's Committee of provinces and centrally-administered cities for local funds.

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This Law was adopted by the National Assembly of the Socialist Republic of Vietnam, the 14th term, the 10th session on November 16, 2020.