Law 71/2020/QH14 Amending, Supplementing Law on Prevention and Control of HIV/AIDS

LAW

Amending and Supplementing a Number of Articles of the Law on Prevention and Control of Human Immunodeficiency Virus and Acquired Immunodeficiency Syndrome (HIV/AIDS)^[1]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 64/2006/QH11 on Prevention and Control of Human Immunodeficiency Virus and Acquired Immunodeficiency Syndrome (HIV/AIDS).

Article 1. To amend and supplement a number of articles of the Law on Prevention and Control of Human Immunodeficiency Virus and Acquired Immunodeficiency Syndrome (HIV/AIDS)

1. To amend and supplement a number of clauses of Article 2 as follows:

a/ To amend and supplement Clause 11 as follows:

“11. HIV testing means the performance of professional techniques to identify the HIV infection status in samples of blood or bio-fluid of human bodies. HIV testing includes HIV screening testing and HIV confirmatory testing.”;

b/ To amend and supplement Clauses 14 and 15 and add Clause 16 below Clause 15 as follows:

“14. Migrant people means people who frequently live far from their families and change their domiciles and workplaces.

15. Harm reduction intervention measures in prevention of HIV transmission means solutions to reduce harmful effects of HIV transmission risk behaviors on individuals and communities.

16. Pre-exposure prophylaxis means the taking of anti-HIV drugs to prevent and reduce the risk of HIV infection.”.

2. To amend and supplement Points b and c, Clause 2, Article 4 as follows:

“b/ To promptly notify their HIV positive test results to their spouses, fiancés or fiancées, or cohabitants;

c/ To comply with treatment regulations when receiving treatment with anti-HIV drugs;”.

3. To amend and supplement Clause 2, Article 11 as follows:

“2. To give priority in access to information, education and communication about HIV/AIDS prevention and control to:

a/ HIV-infected people;

b/ Drug users;

c/ Prostitutes;

d/ People who have sex with same-sex partners;

dd/ Transgender people;

e/ Spouses and other family members living together with HIV-infected people; spouses of the subjects specified at Points b, c, d and dd of this Clause;

g/ People having sex with HIV-infected people;

h/ People infected with sexually transmitted diseases;

i/ Migrant people;

k/ Pregnant women;

l/ Inmates, detainees, people consigned into compulsory education institutions, reformatories or drug rehabilitation facilities;

m/ Ethnic minority people; people living in mountainous, deep-lying and remote areas, on islands, and in border areas or areas with extremely difficult socio-economic conditions;

n/ People aged from full 13 years to under 30 years.”.

4. To amend and supplement a number of clauses of Article 12 as follows:

a/ To amend and supplement Clause 3 and add Clause 3a below Clause 3 as follows:

“3. The Ministry of Information and Communications shall, within the ambit of its tasks and powers, organize and direct communications and press agencies to regularly carry out HIV/AIDS prevention and control information and communication activities and incorporate HIV/AIDS prevention and control information and communications programs in other information and communications programs.

3a. The Ministry of Culture, Sports and Tourism shall, within the ambit of its tasks and powers, organize and direct the inclusion of HIV/AIDS prevention and control information and communication activities in cultural, sports and tourist activities and family life.”;

b/ To amend and supplement Clause 5 as follows:

“5. The Ministries of Labor, Invalids and Social Affairs; Public Security; and National Defense shall, within the ambit of their respective tasks and powers, assume the prime responsibility for, and coordinate with related ministries and sectors in, directing HIV/AIDS prevention and control information, education and communication activities at compulsory education institutions, reformatories, drug rehabilitation facilities, social protection establishments, prisons, detention camps, custody houses and other detention facilities.”;

c/ To amend and supplement Clause 7 as follows:

“7. Mass media agencies shall reserve priority time frames and amounts for information, education and communication about HIV/AIDS prevention and control on their radio and television channels and in spaces and columns on their print, visual and electronic newspapers. Information, education and communication about HIV/AIDS prevention and control shall be provided free of charge, unless they are provided under placed orders or assigned tasks with funds allocated by competent state agencies or under contracts signed with HIV/AIDS prevention and control programs and projects or with funds provided by domestic or foreign organizations or individuals.”.

5. To amend and supplement Article 18 as follows:

“Article 18. HIV/AIDS prevention and control at compulsory education institutions, reformatories, drug rehabilitation facilities, social protection establishments, detention camps, custody houses and other detention facilities

1. Heads of compulsory education institutions, reformatories, drug rehabilitation facilities, social protection establishments, detention camps, custody houses and other detention facilities shall manage, organize propaganda among, and provide counseling, testing, care and treatment for, HIV-infected people and carry out HIV transmission prevention at their institutions, establishments and facilities.

2. The Government shall provide for the management of, propaganda among, and provision of counseling, testing, care and treatment for, HIV-infected people, and HIV transmission prevention specified in Clause 1 of this Article.’.

6. To amend and supplement Article 20 as follows:

“Article 20. Participation of HIV-infected people and high-risk behavior people in HIV/AIDS prevention and control

1. Within their capacity and conditions, HIV-infected people and high-risk behavior people may participate in HIV/AIDS prevention and control activities in accordance with law.

2. The State shall encourage, assist and support HIV-infected people and high-risk behavior people to participate in HIV/AIDS prevention and control in peer education groups and other forms of activities in accordance with law.

3. HIV-infected people and high-risk behavior people may carry out the following activities:

a/ Propagandizing, and participating in implementation of, harm reduction intervention measures in HIV/AIDS transmission prevention under regulations of the Government;

b/ Providing counseling and HIV screening testing services and supplying bio-products to high-risk behavior people for HIV self-testing if the conditions specified by the Government are satisfied;

c/ Providing counseling and support to high-risk behavior people to receive pre-exposure prophylaxis and post-exposure prophylaxis treatment;

d/ Providing support and care to HIV-infected people;

dd/ Giving their opinions in the course of making policies and laws on HIV/AIDS prevention and control;

e/ Other HIV/AIDS prevention and control activities in accordance with law.”.

7. To amend and supplement Article 21 as follows:

“Article 21. Harm reduction intervention in HIV transmission prevention

1. Harm reduction intervention measures in HIV transmission prevention include:

a/ Supplying, and providing instructions for use of, condoms;

b/ Supplying, and providing instructions for use of, clean needles and syringes;

c/ Providing pre-exposure prophylaxis treatment with anti-HIV drugs;

d/ Providing opiate substitution treatment;

dd/ Other appropriate harm reduction intervention measures.

2. To prioritize harm reduction intervention measures in HIV transmission prevention for the subjects specified at Points a, b, c, d, dd, e, g, h, i and l, Clause 2, Article 11 of this Law.

3. The Government shall provide how to organize the implementation of harm reduction intervention measures in HIV transmission prevention.”.

8. To amend and supplement Clauses 2 and 3, Article 27 as follows:

“2. People aged full 15 years or older and having civil act capacity may request HIV testing on a voluntary basis.

3. HIV testing of people aged under 15 years, persons having lost their civil act capacity, people with difficulties in cognition or behavior control, and people with limited civil act capacity may be carried out only after written consents of their parents, guardians or representatives are obtained.”.

9. To amend and supplement Article 29 as follows:

“Article 29. HIV screening testing, HIV confirmatory testing

1. HIV screening testing shall be carried out in the forms of facility-based testing, community-based testing and self-testing.

2. HIV confirmatory testing shall be carried out only at HIV testing facilities qualified for confirming HIV-positive status. In case a person who is tested for HIV wishes to receive his/her test result, he/she shall provide his/her address of domicile and produce his/her identity card, passport or another valid paper bearing his/her photo and personal information, issued by a competent state agency.

3. Conditions, dossiers and procedures for accreditation of facilities qualified for confirming HIV-positive status must comply with regulations of the Government.”.

10. To amend and supplement Article 30 as follows:

“Article 30. Notification of HIV positive test results and access to information on HIV-infected people

1. Heads of the facilities specified in Clause 1, Article 29 of this Law shall notify HIV positive test results.

2. HIV positive test results shall only be notified to:

a/ Tested people;

b/ Spouses of tested people; parents, guardians or representatives of tested people who are aged under 18 years, have lost their civil act capacity, have difficulties in cognition or behavior control or limited civil act capacity;

c/ People assigned to directly provide counseling and notify HIV positive test results to tested people;

d/ Heads of agencies or units and persons assigned to perform HIV/AIDS epidemiological surveillance;   

dd/ Heads and head-nurses of departments, wards or other units of medical establishments providing treatment to HIV-infected persons; health workers assigned to directly provide treatment and care for HIV-infected people at medical establishments;

e/ Heads of, chief health officers and health workers assigned to directly take care of HIV-infected people at, compulsory education institutions, reformatories, drug rehabilitation facilities, social protection establishments, prisons, detention camps, custody houses and other detention facilities;

g/ Heads and authorized officers and civil servants of the agencies specified in Clause 1, Article 28 of this Law.

3. People entitled to access information on HIV-infected people include:

a/ The people specified at Point d, Clause 2 of this Article;

b/ Heads and staff members of social security agencies who are assigned to carry out the assessment, payment of expenses for, and management of information on, health insurance-covered medical examination and treatment for HIV-infected people;

c/ Heads and staff members of medical establishments who are assigned to carry out the payment of expenses for, and management of information on, medical examination and treatment for HIV-infected people;

d/ People permitted by HIV-infected people to access the latter’s information.

4. Scope of access to information on HIV-infected people:

a/ The people specified at Point d, Clause 2 of this Article may access information on HIV-infected people permanently or temporarily residing or tested for HIV in geographical areas where they are assigned to perform HIV/AIDS epidemiological surveillance;

b/ The people specified at Points b and c, Clause 3 of this Article may access information on HIV-infected people receiving medical examination and treatment at medical establishments where they are working or carry out health insurance assessment as assigned.

5. To-be-accessed information on HIV-infected people includes:

a/ The personal information specified in Clause 2, Article 29 of this Law;

b/ HIV/AIDS epidemiological information;

c/ HIV/AIDS treatment status.

6. The people specified at Points b, c, d, dd, e, and g, Clause 2, and Clause 3, of this Article shall keep confidential information on HIV-infected people.

7. The Minister of Health shall provide forms and processes of notification of HIV positive test results and access to information on HIV-infected people specified in this Article.”.

11. To amend and supplement a number of clauses of Article 35 as follows:

a/ To amend and supplement Clause 1 as follows:

“1. Pregnant women who are tested for HIV under professional prescriptions may have their testing costs paid by the Health Insurance Fund or the state budget as follows:

a/ The Health Insurance Fund shall pay HIV testing costs for health insurance card holders at levels specified by the law on health insurance;

b/ The state budget shall pay amounts left unpaid by the Health Insurance Fund for the subjects specified at Point a of this Clause and pay HIV testing costs for those holding no health insurance cards at health insurance-covered medical examination and treatment service charge rates.”;

b/ To amend and supplement  Clause 3 as follows:

“3. HIV-infected women shall be provided with counseling on HIV/AIDS prevention and control during their pregnancy and breastfeeding periods.”;

c/ To amend and supplement Clause 5 as follows:

“5. The Government shall provide for state budget sources and modes of payment in the case specified at Point b, Clause 1 of this Article.

The Minister of Health shall specify the process, time, number of HIV tests for pregnant women specified in Clause 1 of this Article; the provision of care and treatment for HIV-infected women during their pregnancy, delivery and breastfeeding periods, and measures to reduce mother-to-child HIV transmission.”.

12. To amend and supplement Article 36 as follows:

“Article 36. HIV pre-exposure and post-exposure prophylaxis treatment

1. People at risk of exposure to HIV and people having been exposed to HIV shall be provided with counseling and HIV pre-exposure and post-exposure prophylaxis treatment. Priority shall be given to the subjects specified at Points b, c, d, dd, e and g, Clause 2, Article 11 of this Law in their access to counseling and HIV pre-exposure and post-exposure prophylaxis treatment.

2. People exposed to HIV due to occupational accidents or risks or risks of medical techniques shall be provided with HIV infection counseling and prophylaxis treatment and entitled to regimes provided in this Law.”.

13. To amend and supplement Clause 2, Article 39 as follows:

“2. The State shall provide anti-HIV drugs free of charge to:

a/ People who have been exposed to or are infected with HIV due to occupational accidents or risks;

b/ People who have been exposed to or are infected with HIV due to risks of medical techniques;

c/ People who have been exposed to or are infected with HIV due to their participation in salvage activities;

d/ Women and children who are prescribed to receive prophylaxis treatment for mother-to-child HIV transmission;

dd/ HIV-infected children who are aged under 6 years;

e/ HIV-infected people at compulsory education institutions, reformatories, drug rehabilitation facilities, social protection establishments, prisons, detention camps, custody houses and other detention facilities.”.

14. To amend and supplement Article 43 as follows:

“Article 43. Financial sources for HIV/AIDS prevention and control

1. The state budget.

2. The health insurance fund.

3. Payments of HIV/AIDS prophylaxis and treatment service users.

4. Financial support, aid, investment and donations of domestic and foreign organizations and individuals.

5. Other lawful funding sources.”.

15. To amend and supplement Article 45 as follows:

“Article 45. Regimes and policies for people directly involved in HIV testing, management, care and treatment of HIV-infected people

People who are directly involved in HIV testing, management, care and treatment of HIV-infected people at compulsory education institutions, reformatories, drug rehabilitation facilities, social protection establishments, prisons, detention camps, custody houses and other detention facilities shall be given with priority in getting necessary equipment and tools to prevent HIV transmission and are entitled to occupational allowances and other incentives under regulations of the Prime Minister.”.

16. To annul Articles 42 and 44.

Article 2. Implementation provisions

1. This Law takes effect on July 1, 2021.

2. From the effective date of this Law, all assets and finances of the Funds for Support, Treatment and Care for HIV-Infected People shall be used for provision of support, treatment and care for HIV-infected people under decisions of the Minister of Health, for the central fund, and decisions of provincial-level People’s Committee chairpersons, for local funds.

This Law was passed on November 16, 2020, by the XIV^th National Assembly of the Socialist Republic of Vietnam at its 10^th session.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGA