Decision No. 96/2007/QD-TTg On the management, care, counseling, and treatment for people living with HIV and prevention of HIV transmission at educational facilities, reformatory schools, healthcare facilities, social welfare institutions, prisons, and temporary detention centers.

Article 1. Scope of regulation and applicable subjects

1. This Decision stipulates the management, care, counseling, treatment for people living with HIV, support for funeral costs when they die, and measures to prevent HIV transmission at:

a) Healthcare facilities established under the Ordinance on Handling Administrative Violations;

b) State social welfare institutions;

c) Educational facilities, correctional schools under the Ministry of Public Security;

d) Prisons, detention centers under the Ministry of Public Security and the Ministry of National Defense.

2. This Decision applies to people living with HIV who are being managed at the facilities specified in Clause 1 of this Article (hereinafter referred to as the facility).

Article 2. Management of people living with HIV at facilities

The facilities shall be responsible for:

1. Establishing health records for people living with HIV to monitor their health, implement counseling, preventive measures against HIV transmission, care, support, and treatment when necessary, and burial when they die.

2. Arranging accommodation, daily activities, study, work, and production together with other individuals within the facility; assigning appropriate tasks based on the health condition of people living with HIV, especially those with weak health.

3. Handing over medical records and related documents to the receiving facility when transferring people living with HIV to a new facility for continued monitoring and management.

4. Notifying the lead agency on HIV/AIDS prevention and control at the local level where people living with HIV return to reside in the community for continued monitoring and management.

5. Conducting autopsy, sample processing, and burial according to current laws. In cases where the cause of death of people living with HIV is determined clinically and through testing to be AIDS, there is no need for forensic examination.

Article 3. Counseling and HIV Testing at Facilities

1. The facilities shall organize information dissemination, education, and communication to change behavior, incorporating HIV/AIDS education into the regular education program of the facility. People living with HIV/AIDS at the facilities shall be informed and counseled about HIV/AIDS, preventive measures against HIV transmission, and other issues related to HIV/AIDS.

2. HIV testing at the facilities shall be conducted confidentially and voluntarily, except for testing as prescribed in Articles 25 and 28 of the Law on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS).

3. All cases of HIV testing must be counseled before and after testing according to Article 26 of the Law on Prevention and Control of Infection with Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS).

4. Local healthcare facilities where the facilities are located shall be responsible for coordinating with the facilities to conduct HIV counseling and testing for the target groups. Only HIV laboratories recognized by the Ministry of Health as having the capability to confirm HIV-positive cases may confirm such cases.

Article 4. Care and Treatment for People Living with HIV at Facilities

1. People living with HIV who suffer from opportunistic infections or other diseases related to HIV/AIDS shall be treated at healthcare facilities or in the treatment area of the facility. Cases of infectious diseases must be treated in separate areas or rooms. If the patient's condition exceeds the expertise of the facility, they shall be transferred to state civilian healthcare facilities or military hospitals (for prisoners, detainees in prisons, detention centers under the Ministry of National Defense) for continued treatment. State civilian healthcare facilities and military hospitals shall be responsible for accepting and treating patients transferred from these facilities.

2. People living with HIV shall be provided access to antiretroviral drugs from family members, organizations, individuals, and programs or projects permitted by competent authorities, according to the medical prescription of doctors.

3. Based on the specific conditions and situation of people living with HIV currently under management, the facilities shall be responsible for arranging treatment rooms and medical staff as prescribed by the Ministry of Health to provide care and treatment for people living with HIV.

4. Facilities managing people living with HIV shall be responsible for settling medical examination and treatment fees for state civilian healthcare facilities or military hospitals when their patients are transferred there for continued care and treatment. The source of funding for medical examination and treatment fees for people living with HIV when transferred shall be implemented according to Article 6 of this Decision. In cases where people living with HIV are covered by health insurance and the Health Insurance Fund pays the examination and treatment costs according to current regulations.

5. When people living with HIV suffer from opportunistic infections and are treated in the treatment area of the facility, they shall be supported with a minimum amount of VND 150,000 per person per year; when they die, they shall be supported with a minimum funeral cost of VND 2,000,000 per person.

Article 5. Prevention of HIV Transmission at Facilities

1. Prevention of HIV transmission at facilities includes: information dissemination, education, and communication to change behavior, guidance on safe injection and sexual practices, communication about substitution therapy for drug addiction, and implementation of professional regulations on handling HIV infection at facilities.

2. Directors of facilities shall be responsible for implementing HIV transmission prevention measures as prescribed in Clause 1 of this Article at their facilities according to the guidelines of competent agencies; coordinating with local healthcare facilities to receive support in implementing HIV transmission prevention measures.

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.

Funding for the management, care, counseling, treatment of people living with HIV and support for funeral costs when they die at facilities shall be allocated:

- In the annual state budget estimate according to the division of responsibilities under the State Budget Law and related legal documents;

- Contributions and sponsorships from domestic and foreign agencies, organizations, and individuals;

- Other legitimate sources of funding.

Article 7. Implementation

1. The Ministry of Health, the Ministry of Labor, Invalids and Social Affairs, the Ministry of Public Security, and the Ministry of National Defense shall be responsible for guiding, directing the implementation, and ensuring management, care, counseling, treatment, and burial services for people infected with HIV who die at facilities under their management.

2. The Ministry of Finance shall take the lead, coordinate with relevant agencies to balance and allocate funds in the state budget annually for ministries and central agencies, and simultaneously guide expenditures according to the regulations set forth in this Decision.

3. People's Committees of provinces and centrally governed cities shall be responsible for allocating funds and implementing management, care, counseling, treatment, and burial services for people infected with HIV who die at facilities under local management.

Article 8. This Decision shall take effect fifteen days from the date of publication in the Official Gazette. All previous provisions that conflict with the provisions of this Decision shall be abolished.

Article 9. Ministers, Heads of ministerial-level agencies, Heads of government agencies, and Chairpersons of People's Committees of provinces and centrally governed cities shall be responsible for enforcing this Decision./.