Thông tư 06/2012/TT-BYT Quy định điều kiện thành lập và nội dung hoạt động đối với tổ chức tư vấn về phòng, chống HIV/AIDS do Bộ Y tế ban hành

CIRCULAR

STIPULATING ON CONDITIONS OF ESTABLISHMENT AND OPERATIONAL CONTENT FOR HIV/AIDS PREVENTION AND CONTROL COUNSELING ORGANIZATIONS

Pursuant to clause 3, Article 22 of Law on HIV/AIDS prevention and control, of June 29, 2006;

Pursuant to the Government's Decree No. 188/2007/ND-CP, of December 27, 2007 defining the functions, tasks, powers and organizational structure of the Ministry of Health;

At the request of the Director of the Vietnam Administration of HIV/AIDS Control;

The Minister of Health stipulates on conditions of establishment and operational content for HIV/AIDS prevention and control counseling organizations as follows:

SECTION 1. GENERAL PROVISIONS

Article 1. The scope of adjustment

1. This Circular stipulates on:

a) Conditions of establishment, including provisions on personnel, material facilities and equipments for organizations implementing HIV/AIDS prevention and control advisory (hereinafter abbreviated as counseling organizations) and procedures for notification of being eligible to implement counseling operations on HIV/AIDS prevention and control;

b) The content of HIV/AIDS prevention and control counselling;

2. This Circular does not apply to voluntary HIV counseling and testing specified in the Decision No. 647/QD-BYT, of February 22, 2007, of the Minister of Health and other HIV/AIDS prevention and control counseling operations  supplied by health facilities as prescribed in clause 2, Article 22 of Law on HIV/AIDS prevention and control.

Article 2. Operational principles of the counseling organizations

1. The counseling shall only implement in the scope of operational content, being appropriate to the operational method of counseling organizations specified in this Circular.

2. The counseling content must be appropriate to professional regulations and laws on HIV/AIDS prevention and control.

3. To ensure confidentiality for information relating to the counseled. 

4. To execute referring the counseled to appropriate HIV/AIDS prevention, care, treatment and support services and other social and psychological services when the counseled requests.

SECTION 2. CONDITIONS OF ESTABLISHMENT AND PROCEDURES FOR NOTIFICATION OF OPERATION FOR HIV/AIDS PREVENTION AND CONTROL COUNSELING ORGANIZATIONS

Article 3. Conditions of establishment for HIV/AIDS prevention and control counseling organizations

1. Conditions on personnel:

a) Having at least a specialized and responsible officer. If the counseling organizations employ part-time laborer, they must register specific working time;

b) The direct counselor must satisfy the following conditions:

- Possessing professional level in either health or social science at mid-level or higher;  

- Having counseling skill on HIV/AIDS knowledge.

2. Conditions on material facilities:

a) Reception room:

- With 10m2 as a minimum area;

- Having a notice board of counseling scope;

b) The counseling room: With 7m2 as a minimum area, offer privacy, be airy and have enough light;

c) Having book to record name or code of the counseled, the counseling content summarized;

d) Having equipment minimally necessary for the counseling, including work desks, chairs and educational materials servicing for counseling task.

3. Organizations that only counsel via information technology and telecommunication means do not require to implement provisions in point a and point b, clause 2 of this clause but must have full information and telecommunication means to serve for counseling as registered.

Article 4. Notification on operation of the HIV/AIDS prevention and control counseling organization

1. Before formal operation at least 10 working days, the counseling organizations must send a dossier of notification on operation as prescribed in clause 2 of this Article to the Services of Health of central-affiliated cities or provinces (hereinafter abbreviated as the provincial Services of Health) where they have main office.

2. The dossier of notification on operation of the counseling organization comprises:

a) A written notification on establishment of HIV/AIDS prevention and control counseling organization made in according to the Form promulgated together with this Circular;

b) A draft of regulation (detailed content) on operation of the HIV/AIDS prevention and control counseling organization with the fundamental contents including:

- Target, name, place and operational scope of the HIV/AIDS prevention and control counseling organization;

- The relationship between the counseling organization and the provincial Service of Health;

- The relationship between the counseling organization with the provincial HIV/AIDS prevention and control Center or HIV/AIDS prevention and control central facility (hereinafter abbreviated as the HIV/AIDS prevention and control center) in implementation of HIV/AIDS prevention and control counseling;

- The duty of the head, counselors, and other persons working in the HIV/AIDS prevention and control counseling organization;

- The responsibilities, rights and benefits of the counseled;

- The rate of counseling charge (if any).

c) The list of officers, professional degrees enclosed with authenticated copies of diplomas for professional level of counselors;

d) Declaration of information technology and telecommunication means servicing for counseling (just apply to the counseling organizations via information technology and telecommunication means).

SECTION 3. THE CONTENT OF HIV/AIDS PREVENTION AND CONTROL COUNSELING

Article 5. The overall content of prevention counseling in HIV/AIDS prevention and control

1. To supply fundamental information on HIV/AIDS including routes of HIV transmission and measures to prevent HIV transmission.

2. Risk behaviors of the counseled that enable to get infected with HIV.

3. The benefits and necessary of HIV testing for prevention and treatment of diseased person.

4. Supporting on mental, psychology for the counseled.

5. Guiding, exchanging measures reducing risk of HIV transmission for the counseled.

6. Defining, introducing mental, psychology, social supporting and medical care services  such as HIV testing, medical examination and treatment for infections transmitted through sexuality; care of reproductive health; HIV/AIDS prevention, support and treatment, prevention of mother-to-child HIV transmission and other mental - psychological - and social supporting services.  

7. Guiding the counseled ways of disclosure of HIV infected status to partners such as wife, husband or relatives in family or person preparing to get married.

8. Counseling on exposure to HIV and prevention of exposure to HIV.

9. Supplying information on law, policy on HIV/AIDS prevention and control.

Article 6. The counseling content on prevention in HIV/AIDS prevention and control for some specific subjects 

Apart from overall counseling content on HIV/AIDS prevention and control specified in Article 5 of this Circular, the counseling content on prevention in HIV/AIDS prevention and control for some specific subjects is stipulated as follows:

1. The counseling content for drug users:

a) The possibility of HIV transmission when sharing instruments of injection and unsafe sexuality;

b) Measures reducing risk of HIV transmission through drug injection or sexuality;

c) Measures of detoxification, prevention of re-addict and treatment of addiction with substances as opium by replacing medicine;

d) Supplying information and guiding on services interfering to reduce harm currently existing in area;

dd) The role of family and community in support for behavior change, job opportunities and integration with family and community.

2. The counseling content for sex buyers, sex workers:

a) The risk of HIV transmission and infections transmitted through sexuality  when having unsafe sexual relations;

b) The risk of HIV transmission when use drugs, especially in case of using drugs through injection; 

c) Measures reducing risk of HIV transmission through drug injection or sexuality;

d) Supplying information and guiding to access operations reducing harm currently existing in area;

e) The role of family and community in support for behavior change, job opportunities and integration with family and community.

3. The counseling content for men having sex with men:

a) Risk for HIV transmission through men having sex with men;

b) Safe sex measures and HIV transmission risk reduction options;

c) Supplying information and guiding to access operations on prevention of HIV transmission for group of men having sex with men in area.

4. The counseling content for HIV infected people:

a) Ways of disclosure of status infected HIV to partners such as wife, husband or person preparing to get married;

b) Risk of HIV transmission when continue sharing needles or unsafe sexuality and ways of self-prevention;

c) Guiding measures of HIV transmission prevention for relatives in family and community;

d) Guiding on positive living for the counseled;

dd) Guiding the counseled to come health facilities and establishments on care, support, treatment and forward, referrals when necessary;

e) Supplying information and guiding the counseled to access operations of groups caring at home existing at area;

5. The counseling content for relatives of HIV infected people:

a) Method of effective and reasonable care for HIV infected people and AIDS patients;

b) Guiding ways to prevent HIV transmission in family, ways to care HIV infected people and handle some frequently pathologies;

c) Guiding ways to realize and prevent mental decline in the course of caring patient, no discrimination with HIV infected people;

d) The role of members in family in support HIV infected people for behavior change, job opportunities and integration with family and community;

e) Supplying information and guiding HIV infected people to access clubs, self-reliant groups and facilities supplying service reducing harm in area.

6. The counseling content for pregnant women:

a) Risk of mother-to-child HIV transmission;

b) The benefits and necessary of HIV testing soon for pregnant women.

c) HIV transmission risk from an infected mother to her child and mother-to-child transmission risk reduction measures;

d) The mother-to-child HIV transmission prevention measures in case mother infected HIV;

dd) The needs to access health care facilities that provide mother-to-child HIV transmission prevention services during pregnancy, begin labor, give birth and post-birth maternal care; 

e) Provide appropriate referrals such as care, treatment and support for mother and the new born.

7. The counseling content for patient getting infections transmitted through sexuality:

a) Risk of HIV transmission for the infected patient transmitted through sexuality and encourage the patient getting infections transmitted through sexuality to HIV test;

b) Safe sex measures and HIV transmission risk reduction options;

c) Supplying information and guiding access soon to the services of examination and treatment of infections transmitted through sexuality. 

SECTION 4. RESPONSIBLIITY FOR IMPLEMENTATION

Article 7. Responsibility of the Vietnam Administration of HIV/AIDS Control, under the Ministry of Health

1. Guiding implementation of HIV/AIDS prevention and control counseling operation.

2. To inspect, supervise and assess result of implementation of HIV/AIDS prevention and control counseling in nationwide yearly or irregular.

3. To collect, analyse figures in reports of the HIV/AIDS prevention and control counseling organization in nationwide.

Article 8. Responsibility of Institute of Hygiene epidemiology Central , Pasteur Institute in Hochiminh city, Pasteur Institute in Nhatrang and Institute of Hygiene epidemiology in TayNguyen

1. Provide technical assistance of HIV/AIDS prevention and control counseling to provinces within their charge.

2. To collect, analyse figures in reports of the HIV/AIDS prevention and control counseling organization of provinces within their charge.

3. Periodically or irregular, implement inspection, supervision of the HIV/AIDS prevention and control counseling organization in provinces within their charge.

Article 9. Responsibility of Provincial Services of Health

1. Guiding and receiving dossier of notification of the HIV/AIDS prevention and control counseling organization’s operation.

2. To inspect, supervise operations of the HIV/AIDS prevention and control counseling organization quaterly, of irregular and implement reports under provisions on reporting the operations of HIV/AIDS prevention and control.

Article 10. Responsibility of the HIV/AIDS prevention and control centers

1. Provide technical assistance of HIV/AIDS prevention and control to counseling organizations in area within their charge.

2. To participate in inspection, suppervison of the HIV/AIDS prevention and control counseling organizations in area within their charge.

3. Guiding referrals, receipt of counseled between HIV/AIDS prevention and control counseling organizations and other relevant health facilities, social services in provincial area.

4. To implement communication and promotion the HIV/AIDS prevention and control counseling operation in provincial area.

5. To sum up reports on operation of the HIV/AIDS prevention and control counseling organizations in provincial area.

Article 11. Responsibility of the HIV/AIDS prevention and control counseling organizations

1. To implement HIV/AIDS prevention and control counseling operation under registered scope and provisions in this Circular.

2. Quarterly, reporting HIV/AIDS prevention and control counseling operations to provincial the Services of Health and the provincial HIV/AIDS prevention and control centers in according to the form specified in Annex 3 promulgated together with this Circular.

3. Being inspected, supervised by the provincial the Servicesof Health and the provincial HIV/AIDS prevention and control centers.

SECTION 5. IMPLEMENTATION PROVISIONS

Article 12. Provisions for reference

If documents being referenced in this document are replaced or amended and supplemented, comply with the replacing document or the  amended and supplemented document.

Article 14. Effect

This Circular takes effect on July 01, 2012.

Article 15. Responsibility for implementation

The Chief of the Ministry Office, General Director of the Vietnam Administration of HIV/AIDS Control, directors, general directors, heads of administrations, general departments, Inspector under the Ministry of Healt, heads of ministerial agencies, units, Directors of Provincial Health Services, health chief officers at all other Ministries and the heads of HIV/AIDS prevention and control counseling organizations are responsible for the implementation of this Circular.

During the course of implementation, any problems araising, agencies, organizations, units should report timely to  the Ministry of Health for consideration and settlement.

ANNEX I

THE FORM OF NOTIFICATION ON ESTABLISHMENT OF THE HIV/AIDS PREVENTION AND CONTROL COUNSELING ORGANIZATION
(Promulgated together with the Circular No. 06/2012/TT-BYT, of April 20, 2012, of the Minister of Health)

CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
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SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness
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…….., ngày … tháng … năm ………

……………Date…………………………..

THÔNG BÁO

NOTIFICATION

THÀNH LẬP TỔ CHỨC TƯ VẤN VỀ PHÒNG, CHỐNG HIV/AIDS

ON ESTABLISHMENT OF THE HIV/AIDS PREVENTION AND CONTROL COUNSELING ORGANIZATION

Kính gửi: Sở Y tế tỉnh/thành phố ……………………

To: Provincial Health Service……………………………

Căn cứ Luật Phòng, chống nhiễm vi rút gây ra hội chứng suy giảm miễn dịch mắc phải ở người (HIV/AIDS);

In according to the Law on HIV/AIDS prevention and control in human;

Căn cứ Thông tư số …../2012/TT-BYT ngày …/…/2012 của Bộ trưởng Bộ Y tế quy định về điều kiện thành lập và nội dung hoạt động đối với tổ chức tư vấn về phòng, chống HIV/AIDS.

In according to the Circular No……../2012/TT-BYT, of …….., 2010 of the Minister of Health stipulating on conditions of establishment and operational content for the HIV/AIDS prevention and control counseling organizations.

Sau khi nghiên cứu các văn bản hướng dẫn hiện hành, chúng tôi xin thông báo thành lập Tổ chức tư vấn về phòng, chống HIV/AIDS với nội dung sau:

After studying current guiding documents, we would like to notice establishment of the HIV/AIDS prevention and control counseling organization with the following content:

Tên tổ chức/ Name of organization: .........................................................................

Địa chỉ/Address: .......................................................................................................

Phạm vi hoạt động/ The operational scope: ............................................................

Họ và tên người đứng đầu/ The full name of the head: ...........................................

Ngày tháng năm sinh/ Day of Birth: .................................................................................................................................

Số chứng minh thư nhân dân/ Number of identification card: ………….. ngày cấp/issuing day: …………. nơi cấp/ issuing place.............................

Trình độ chuyên môn/ Professional level..................................................................

Điện thoại liên hệ/ Contact telephone.......................................................................

Chúng tôi cam kết thực hiện đúng các nội dung Quy chế hoạt động của tổ chức tư vấn về phòng, chống HIV/AIDS và các quy định của pháp luật hiện hành.

We pledge implement proper contents of the Regulation on operation of the HIV/AIDS prevention and control counseling organization and provisions of current laws.

ANNEX II

THE FORM OF RECEIPT OF DOSSIER OF NOTIFICATION ON OPERATIONN OF THE HIV/AIDS PREVENTION AND CONTROL COUNSELING ORGANIZATION
(Promulgated together with the Circular No. 06/2012/TT-BYT, of April 20, 2012, of the Minister of Health)

PHIẾU TIẾP NHẬN HỒ SƠ THÔNG BÁO HOẠT ĐỘNG CỦA TỔ CHỨC TƯ VẤN VỀ PHÒNG, CHỐNG HIV/AIDS

THE RECEIPT OF DOSSIER OF NOTIFICATION ON OPERATION OF THE HIV/AIDS PREVENTION AND CONTROL COUNSELING ORGANIZATION

Sở Y tế tỉnh ……….. đã tiếp nhận hồ sơ thông báo hoạt động tư vấn về phòng, chống HIV/AIDS của ………………………………, bao gồm các giấy tờ sau:

The provinciple Service of Health …………………..has received dossier of notification on operation of the hiv/aids prevention and control of ………………………………………, including the following papers:

..................................................................................................................................

..................................................................................................................................

Ghi chú: Khi tiếp nhận hồ sơ, người tiếp nhận hồ sơ phải kiểm tra các giấy tờ được gửi kèm theo hồ sơ và đánh dấu “X” vào các ô tương ứng trên Phiếu tiếp nhận hồ sơ. Trường hợp giấy tờ không đủ, không hợp lệ phải ghi rõ trên phiếu nhận hồ sơ.

Note: As receiving dossier, the receiver of dossier must check papers enclosed with dossier and mark “x” at the corresponding cell on the Receipt of dossier. If papers are not full, invalid, must writing clearly on the Receipt of dossier.

ANNEX III

THE FORM OF OPERATIONAL REPORT OF THE HIV/AIDS PREVENTION AND CONTROL COUNSELING ORGANIZATION
(Promulgated together with the Circular No. 06/2012/TT-BYT, of April 20, 2012, of the Minister of Health)

CỘNG HÒA XÃ HỘI CHỦ NGHĨA VIỆT NAM
Độc lập - Tự do - Hạnh phúc
----------------

SOCIALIST REPUBLIC OF VIETNAM
Independence– Freedom – Happiness

---------------…….., ngày … tháng … năm ………

…………………….Date …………………….

BÁO CÁO HOẠT ĐỘNG

TỔ CHỨC TƯ VẤN VỀ PHÒNG, CHỐNG HIV/AIDS

THE OPERATIONAL REPORT

OF THE HIV/AIDS PREVENTION AND CONTROL COUNSELING ORGANIZATION

(Từ ngày …/… đến …/…./ 20 …..)

(From ………. To………..)

Biểu 1. Kết quả tư vấn/ Table 1. Rerult of counseling

Biểu 2. Sử dụng tài liệu truyền thong/Table 2. Using educational materials

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