VietnameseCircular No. 01/2010/TT-BYT dated January 06, 2010 of the Ministry of Health providing responsibilities and order of notification of HIV-positive test results
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Circular No. 01/2010/TT-BYT dated January 06, 2010 of the Ministry of Health providing responsibilities and order of notification of HIV-positive test results
| Issuing body: | Ministry of Health | Effective date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Official number: | 01/2010/TT-BYT | Signer: | Trinh Quan Huan |
| Type: | Circular | Expiry date: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Issuing date: | 06/01/2010 | Effect status: | Known Please log in to a subscriber account to use this function. Don’t have an account? Register here |
| Fields: | Medical - Health |
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Effect status: Known
MINISTRY OF HEALTH No. 01/2010/TT-BYT | SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------- Hanoi, January 06, 2009 |
CIRCULAR
PROVIDING RESPONSIBILITIES AND ORDER OF NOTIFICATION OF HIV-POSITIVE TEST RESULTS
THE MINISTRY OF HEALTH
Pursuant to the Government's Decree No. I88/2007/ND-CP of December 27, 2007, defining the functions, tasks, powers and organizational structure of the Ministry of Health;
Pursuant to Clause 3, Article 30 of the June 29, 2006 Law on Prevention and Control of Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome (HIV/AIDS);
The Minister of Health prescribes responsibilities and order of notification of HIV-positive test results as follows:
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
This Circular provides responsibilities and order of notification of HIV-positive test results.
This Circular applies to domestic and foreign agencies, organizations and individuals in Vietnam responsible for, order and procedures of, notification of HIV-positive test results.
Article 2. Principles for notification of HIV-positive test results
1. To notify HIV-positive test results only when these results are confirmed by laboratories accredited by the Ministry of Health as eligible for confirming HIV-positive cases under the Health Minister's Decision No. 3052/2000/QD-BYT of August 29, 2000, promulgating criteria of laboratories permitted to confirm HIV-positive cases.
2. To notify HIV-positive test results only to persons defined in Clause 1, Article 30 of the Law on Prevention and Control of Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome (HIV/AIDS).
3. To provide pre- and post-test counseling to all persons subject to HIV testing under the Minister of Health's regulations.
Article 3. Counseling and return of test results
1. When a tested person is under 16 years or has lost his/her civil act capacity or has no or incomplete civil act capacity, the person responsible for returning HIV-positive test results shall counsel and then return test results to the father, mother or guardian of the tested person. Test results may be notified to the tested person only when such notification is agreed in writing by his/her father, mother or guardian and the tested person has received counseling.
2. When the tested person is full 16 years or older, the person responsible for returning HIV-positive test results shall counsel and then return test results to the tested person.
3. Only those having been trained in counseling on HIV/AIDS prevention and control
may provide counseling and return HIV-positive test results.
may provide counseling and return HIV-positive test results.
Article 4. Time limit for notification of HIV-positive test results
HIV-positive test results shall be notified within 72 hours from the time the person responsible for test result notification of the establishment which takes the patient's blood sample receives the notice of HIV-positive test results, except the following cases:
1. The tested person comes to receive test results ahead of appointment time.
2. The tested person does not come to receive test results.
Chapter II
RESPONSIBILITIES AND ORDER OF NOTIFICATION OF HIV-POSITIVE TEST RESULTS
Article 5. Responsibilities of notification of HIV-positive test results
The head of an institution with a laboratory may confirm HIV-positive cases.
A person authorized by the head of any of the following agencies and organizations:
a/ Institutions with laboratories permitted to confirm HIV-positive cases under Clause 1, Article 2 of this Circular;
b/ Institutions with counseling sections for voluntary HIV testing;
c/ Healthcare establishments;
d/ Social security establishments;
e/Detention camps, educational institutions, reformatories;
f/ Healthcare establishments established under the Ordinance on Handling of Administrative Violations;
g/ Investigative agencies, people's procuracies, people's courts.
3. The head of, or the person assigned to handle cases under the law on criminal procedures by the head of, an investigative agency, people's procuracy or people's court.
4. Authorization shall be made in writing. Letters of authorization of heads of the agencies and organizations specified in Clauses 2 and 3 of this Article must clearly define the scope, contents and time limit of notification of HIV-positive test results by authorized persons.
Persons authorized by heads of the agencies and organizations specified in Clauses 2 and 3 of this Article shall take responsibility before authorizing persons and law for their notification of HIV-p{2«jitive test results. Authorized persons may not further authorize others.
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