Circular No. 33/2011/TT-BYT dated August 26, 2011 of the Ministry of Health requiring compulsory HIV test in a number of necessary cases for diagnosis and treatment purposes

THE MINISTRY OF HEALTH

Circular No. 33/2011/TT-BYT dated August 26, 2011 of the Ministry of Health requiring compulsory HIV test in a number of necessary cases for diagnosis and treatment purposes

Pursuant to Clause 2, Article 28 of the June 29, 2006 Law on Human Immunodeficiency, Virus/Acquired Immune Deficiency Syndrome (HIV/AIDS) Prevention and Control;

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;

The Ministry of Health guides compulsory HIV test in a number of necessary cases for diagnosis and treatment purposes as follows:

Article 1. Cases subject to compulsory HIV test for diagnosis and treatment purposes

1. Donors of tissues or body organs.

2. Recipients of tissues or body .organs.

3. Donors of sperms or ovules.

4. Recipients of sperms, ovules or embryos.

5. Patients given clinical examination and para-clinical lest which detect no pathogenic causes of diseases or showing clinical symptoms of HIV infection under the Minister of Health's Decision No. 3003/QD-BYT of August 19, 2009, providing guidance on HIV/AIDS diagnosis and treatment.

Article 2. Principles of compulsory HIV test application

1. Compulsory HIV test for diagnosis and treatment purposes only applies to the cases specified in Article I of this Circular

2. Compulsory HIV test for diagnosis and treatment purposes must be recommended before and after HIV test under Article 26 of the Law on Human Immunodeficiency Virus/' Acquired Immune Deficiency Syndrome (HIV/AIDS) Prevention and Control and other relevant legal documents.

3. Informing of HIV positive test result complies, with the Minister of Health's Circular No. 01/2010/TT-BYT of January 6, 2010, specifying responsibilities and orders for informing HIV positive test result

Article 3. Expenses for compulsory HIV test

1. Expanses for HIV test for the cases specified in Clauses 1 and 3. Article 1 of this Circular

a/ Are paid by establishments receiving tissues, body organs sperms or ovules, and then calculated as expenses for medical examination and treatment of sperm or ovule recipients, for donors of tissues, body organs, sperms or ovules (below referred to as donors) with identifiable recipients

b/ Are paid by establishments receiving tissues, body organs, sperms or ovules and then accounted into charge rates of services of transplantation of tissues or organs or services of assisted reproductive technology (ART) provided by these establishments on the principle of expenditure-revenue clearing, for donors without identifiable recipients.

2. Expenses for HIV test for the cases specified in Clauses 2, 4 and 5, Article 1 of this Circular:

a/ Are paid by the medical insurance fund for HIV-tested persons with medical insurance cards within the scope of these persons’ benefits.

b/ Are paid by HIV tested persons without medical insurance cards in accordance with current hospital fee regimes.

Article 4. Terms of reference

In case the documents referred to in this document are replaced, amended or supplemented, replacing, amended or supplemented documents will be complied with.

Article 5. Effect

This Circular takes effect on October 30, 2011.

Any problems arising in the course of implementation should be reported to the Ministry of Health (Legal Department) for consideration and settlement.-

Minister of Health
NGUYEN THI KIM TIEN