Quyết định 96/2007/QĐ-TTg về việc quản lý, chăm sóc, tư vấn, điều trị cho người nhiễm HIV và phòng lây nhiễm HIV tại các cơ sở giáo dục, trường giáo dưỡng, cơ sở chữa bệnh, cơ sở bảo trợ xã hội, trại giam, trại tạm giam do Thủ tướng Chính phủ ban hành

DECISION

ON MANAGEMENT, CARE, COUNSELING, AND TREATMENT FOR HIV-INFECTED PEOPLE AND ON HIV PREVENTION AT EDUCATIONAL ESTABLISHMENTS, CORRECIONAL CENTRES, TREATMENT CENTRES FOR DRUG USERS AND SEX WORKERS, SOCIAL WELFARE ESTABLISHMENTS, PRISONS, AND REMAND HOUSES

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated 25 December 2001;
Pursuant to the Law on HIV/AIDS Prevention and Control dated 29 June 2006;
Upon the request of the Minister of Health

DECISION:

Article 1. Scope of regulation and subject of application

1. This Decision provides for management, care, counseling, and treatment for HIV-infected people, supporting burial fee when they die, and supplying HIV prevention measures at:

a) Medical treatment establishments set up under the Ordinance on Administrative Sanctions;

b) State-run social welfare establishments;

c) Re-education and correctional centres under the Ministry of Public Security;

d) Prisons and detention camps under the Ministry of Public Security and the Ministry of National Defense

2. This Decision shall apply to HIV-infected people who are in the establishments as regulated in item 1 of this Article (hereafter they will be called establishments for short)

Article 2. Management of HIV-infected people at the establishments

The establishments shall have the following responsibilities:

1. Set up profiles of HIV-infected people to monitor their health, provide counseling, HIV prevention, care and support if necessary, and burial service when they die.

2. Arrange accommodation, education, and work for HIV-infected people so that they can integrate with others in the establishments; HIV-infected people with poor health should be given work within their physical ability.

3. Hand over medical profiles and other related documents to the establishments to which HIV-infected people will be sent for follow-up monitoring and management.

4. Inform HIV/AIDS Prevention and Control focal points in the hometown of HIV-infected people when they come back to re-integrate with the community for follow-up monitoring and management.

5. Carry out post-mortem, specimen processing and burial service in accordance with the provisions in the current law. In the case of HIV-infected people who die of AIDS as based on clinical and testing evidence, no forensic examination will be required.

Article 3. HIV Counseling and testing in the establishments

1. The establishments shall be responsible for conducting public awareness, behavior change communication, and adding HIV/AIDS issues to their continuing education curricula. HIV-infected people living in the establishments can get access to IEC, counseling on HIV/AIDS, measures to prevent HIV transmission, and other issues relating to HIV/AIDS. 

2. HIV testing in the establishments shall only be conducted on a confidential and voluntary basis, except for in circumstances as regulated in Article 25 and 28 in the Law on HIV/AIDS Prevention and Control.

3. All cases of HIV testing shall be provided with pre-test and post- test counseling as regulated in Article 26 of the Law on HIV/AIDS Prevention and Control. 

4. Local health services in the same place of the establishments shall be responsible for collaborating with the establishments to conduct HIV counseling and testing for the target groups. Only HIV-testing establishments which have been recognized by the Ministry of Health to be eligible for confirming HIV positive cases shall have the competence to confirm HIV positive cases.

Article 4. Care and treatment for HIV-infected people at the establishments

1. HIV-infected people who have opportunistic infections or other HIV-related illnesses shall receive treatment in the clinics of the establishments. Those who have contagious diseases shall be treated in isolation. If patients who are prisoners or inmates have serious illnesses that are beyond the competence of the establishments, they will be sent to State-run civilian or military hospitals for continuing treatment. These State-run civilian and military hospitals shall be responsible for receiving and providing treatment for the patients from the establishments.  

2. HIV-infected people shall be given access to ARVs through their family, organizations, individuals, programs or projects approved by competent agencies. The use of ARVs should follow the instructions of doctors.

3. Based on the specific conditions and situations of the HIV-infected people under the management of the establishments, the establishments shall be responsible for arranging facilities and medical staff to provide care and treatment for these people according to the regulations of the Ministry of Health.

4. The establishments shall be responsible for paying examination and treatment fees for HIV-infected people when they are sent to State-run civilian or military hospitals for follow-up care and treatment. Funding to pay these fees is regulated in Article 6 of this Decision. If the HIV-infected people have health insurance, the Health Insurance Company will be responsible for paying these medical fees following the provisions in the law. 

5. HIV-infected people who have opportunistic infections and are treated at the clinic in the establishments will receive financial support of at least 150,000 VND/ person/year; and the support of 2,000,000 VND/person for burial service when they die.   

Article 5. HIV Prevention at the establishments

1. HIV Prevention at the establishments includes: behavior change communication, instructions on safe drug injection and sexual behavior, information and communication on substitution therapy for opiate addiction, and implementation of medical regulations on handling HIV transmission at the establishments.  

2. Directors of the establishments shall be responsible for implementing measures to prevent HIV transmission in their establishments as regulated in item 1 of this Article according to the instructions of competent agencies; and, collaborating with local health services to seek their support in implementation of measures to prevent HIV transmission.

Article 6. Implementation Budget

Funding for the management, care, counseling, and treatment of HIV-infected people in the establishments and for burial service support when they die comes from the following sources:

- The estimated Government annual budget as regulated in the Law on Government Budget and relevant guiding documents.

- External assistance from both domestic and international agencies, organizations, and individuals;

- Other legal funds.

Article 7. Implementation Arrangements

1. Ministry of Health, Ministry of Labor, Invalids, and Social Welfares, Ministry of Public Security, and Ministry of National Defense shall be responsible for providing instructions and directions on implementation and ensuring the management, care, counseling, treatment, and burial service for HIV-infected people in the establishments under management of these Ministries. 

2. Ministry of Finance shall take the primary role and coordinate with related agencies to allocate the annual Budget for Ministries and central-level agencies; and to provide guidance on disbursement in accordance with the provisions in this Decision.

3. People’s Committees in provinces and cities under management of the central Government shall have the responsibility to provide funds and implement management, care, counseling, treatment and burial services at the establishments located in these provinces or cities.

Article 8. This Decision shall take effect 15 days after it is published in the official gazette. All regulations prior to but against this Decision shall be abolished.

Article 9. Ministers, Heads of ministerial- level agencies, Heads of Governmental agencies, Chairmen of People’s Committee in provinces and cities under the central government shall be responsible to implement this Decision./.

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