Ordinance No. 38-L/C dated December 10, 1994 of the Standing Committee of National Assembly on protection of copyright

ORDINANCE

ON THE PREVENTION AND FIGHT AGAINST HIV-AIDS INFECTION

HIV-AIDS is a great and dangerous epidemic of the century, a serious threat to the health and life of human beings and the future of the progeniture of all nations which is seriously affecting the economic and social situation of each country;

With a view to preventing and fighting against HIV-AIDS infection, protecting the health of the people and preserving the Vietnamese race;

Pursuant to Article 91 of the 1992 Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on the Protection of the People's Health;

Pursuant to the Resolution of the 6th Session of the 9th National Assembly on the legislative work for 1995;

This Ordinance provides for the prevention and fight against HIV/AIDS infection.

Chapter I

GENERAL PROVISIONS

Article 1.- Preventing and fighting against HIV/AIDS infection is the responsibility of everyone, every family and the whole society.

The State shall adopt timely policies and measures to ensure effective prevention and fight against HIV/AIDS infection.

Article 2.- In this Ordinance, the following terms should be understood as follows:

1. HIV is the virus causing the Acquired Immunity Deficiency Syndrome in human beings. HIV may be contracted through sexual intercourse, through blood transfusion, or passed on by the mother to the child during pregnancy, childbirth or breastfeeding.

2. AIDS is the terminal stage of the process of HIV infection which damages the immunity system and deprives the body of the capability of resisting disease-causing factors, and finally leads to death.

3. Opportunity infection is infection occasioned by the deficiency of immunity of the body due to HIV infection.

Article 3.- The State agencies, the Vietnam Fatherland Front and its member organizations, all economic and social organizations, all units of the People's Armed Forces and every citizen, every foreign organization and individual living in Vietnam shall have to carry out the prevention and fight against HIV/AIDS infection as prescribed by law.

Article 4.- The persons infected by HIV/AIDS shall not be discriminated against but have to take measures to prevent and fight against the spread of the disease in order to protect the health of the community as prescribed by law.

Article 5.- The Government exerts unified management on the prevention and fight against HIV/AIDS infection.

The State agencies shall coordinate with the Vietnam Fatherland Front and its member organizations and the social organizations to persuade, educate and mobilize the population in the prevention and fight against HIV/AIDS infection.

Article 6.- The Vietnam State shall adopt policies of encouraging organizations and individuals in the country and foreign organizations and individuals to cooperate and assist in all forms the prevention and fight against HIV/AIDS infection.

Chapter II

MEASURES TO PREVENT AND FIGHT AGAINST HIV/AIDS INFECTION

Article 7.- Information, education and communication are the main measures to make everybody understand HIV/AIDS and carry out measures to prevent the spread of HIV/AIDS. The mass media and the social organizations have the responsibility to join in the prevention and fight against HIV/AIDS infection.

Article 8.- Education in the prevention and fight against HIV/AIDS infection must be introduced into the schools with contents suited to each kind of school, and conformable with the cultural standard, age groups, genders and customs and habits of the ethnic groups.

Article 9.-

1. The State agencies, the Vietnam Fatherland Front and its member organizations, and all economic and social organizations have the responsibility to arouse the awareness of the public employees and the people about HIV/AIDS educate them about the prevention and fight against HIV/AIDS infection.

2. The administration at all levels, the Vietnam Fatherland Front and its member organizations, the economic and social organizations, and the units of the People's Armed Forces have the responsibility to carry out measures to prevent and fight against HIV/AIDS infection within the community. These include:

a/ To persuade and educate the persons likely to catch or spread HIV/AIDS to take measures of prevention and fighting against the disease;

b/ To educate the public about the prevention and fight against HIV/AIDS infection;

c/ To organize and campaign for the caring for the physical health and morale of those infected by HIV/AIDS;

d/ To improve the professional standard of the volunteers for the prevention and fight against HIV/AIDS infection.

Article 10.- Everyone has the duty to carry out measures to prevent and fight against the spread of HIV/AIDS for their own protection and to protect their families and society; to join the activities in the prevention and fight against HIV/AIDS infection in the family and in the community.

Article 11.-

1. Each member of the family must persuade and educate the other members to carry out the regulations on the prevention and fight against HIV/AIDS.

2. Everyone in the family of an HIV/AIDS infected person has the responsibility to join society in caring for his/her health, and to raise his/her moral so that he/she may integrate with the life in the family and the community.

Article 12.-

1. Everybody must take the initiative in preventing the spread of HIV/AIDS through sexual intercourse and injection.

2. All acts of sex buying and selling, drug injection and other acts that might spread HIV/AIDS are strictly forbidden.

Article 13.- The physicians and other medical staffs at the medical establishments must observe the technical regulations on the treatment of HIV/AIDS infection in their disease prevention and medical examinations and treatment, and carry out medical technical services and family planning technical services.

The establishments and persons engaged in beauty and other services that might spread HIV/AIDS must observe the regulations of the law on the prevention and fight against HIV/AIDS infection.

Article 14.-

1. All the medical establishments must conduct HIV tests in all cases of donation of blood, semen, tissue, or any other parts of the human body.

2. The transfusion of blood or bio-products of blood, transfusion of semen, transplant of tissue or any other human organ or part of a human organ of an HIV/AIDS infected person to another person is strictly forbidden.

Article 15.- All medical wastes related to the HIV/AIDS patients must be treated according to the regulations of the Ministry of Health.

Article 16.-

1. The medical establishments have to carry out tests for the persons who volunteer to test for HIV/AIDS infection.

2. If requested, the State medical establishments have to conduct tests to detect HIV/AIDS infection among those likely to be infected by HIV/AIDS.

Article 17.- At the periodical health checks, the responsible person of the medical establishment has the right to decide to test for detection of HIV/AIDS infection at the persons likely to be infected by HIV/AIDS.

Article 18.-

1. The laboratory physicians and the laboratory of the medical service have to keep the confidentiality of the names, ages and addresses of the persons who come to test for detection of HIV/AIDS infection.

2. Only the responsible person at the medical establishment has the right to notify the result of the test of HIV/AIDS positive to the wife or husband or next of kin of the family of the HIV/AIDS infected person, and to the office, organization or the responsible person who directly looks after the health of the HIV/AIDS patient.

3. The publication of the names, ages, addresses or pictures of the HIV/AIDS infected persons without their consent is strictly forbidden.

Article 19.- A foreigner infected by HIV/AIDS must declare his/her infection when entering Vietnam. The procedure for the declaration shall be stipulated by the Government.

Article 20.-

1. The physicians and other medical staffs must care for AIDS patients, and explain to the close relatives in their families about HIV/AIDS in order to prevent the spread of the disease.

2. The HIV/AIDS infected person who gets another opportunity infection shall be treated by the specialized department of that infection or a special department.

3. Any refusal to examine or treat an HIV/AIDS infected person is strictly forbidden.

Article 21.- The State shall define the regime of occupational risk insurance right from the beginning for the persons who directly manage and attend to the HIV/AIDS infected persons at the social welfare establishments, and those who directly examine and treat the HIV/AIDS infected persons.

Article 22.- The HIV/AIDS infected persons are not allowed to work in a number of branches likely to spread HIV/AIDS. The Ministry of Labor, War Invalids and Social Affairs shall coordinate with the Ministry of Health in drawing up the list of these occupations.

Article 23.- When a spouse knows that he/she has contracted HIV/AIDS, he/she must inform his/her partner. If not, the medical establishment shall have to provide this information.

Article 24.-

1. All intentional communication of the disease to another person by an HIV/AIDS infected person is strictly forbidden.

2. All misinformation about HIV/AIDS infection directed at a person not affected by HIV/AIDS with a view to harming his/her honor or damaging his/her interests, is strictly forbidden.

Chapter III

STATE MANAGEMENT OF THE PREVENTION AND FIGHT AGAINST HIV/AIDS INFECTION

Article 25.- State management of the prevention and fight against HIV/AIDS infection comprises the following main contents:

1. To issue legal documents on the prevention and fight against HIV/AIDS infection;

2. To work out undertakings, policies and plans to prevent and fight against HIV/AIDS infection;

3. To supervise and inspect the epidemiological developments of HIV/AIDS infection;

4. To organize the treatment and care for the persons affected by HIV/AIDS infection;

5. To make periodical summing up or general summing up and evaluation of the result of the prevention and fight against HIV/AIDS infection in different periods;

6. To control, inspect and solve the complaints and denunciations, and to handle the violations of the law on the prevention and fight against HIV/AIDS infection;

7. To organize international cooperation in the prevention and fight against HIV/AIDS infection in the global strategy against this disease; to organize research and training in order to raise the effect of the prevention and fight against HIV/AIDS infection.

Article 26.-

1. The Government exerts unified State management of the prevention and fight against HIV/AIDS infection throughout the country.

The National Committee for Prevention and Fight against AIDS shall be set up by the Prime Minister in order to help him direct and deploy the prevention and fight against HIV/AIDS infection according to the function and tasks to be defined by the Prime Minister.

2. The Ministry of Health shall within its function and tasks, exert State management of the prevention and fight against HIV/AIDS in the medical field.

3. The ministries and branches shall in their respective functions and tasks carry out the prevention and fight against HIV/AIDS infection according to the regulations of the Government.

4. The People's Committees at all levels shall exert State management of the prevention and fight against HIV/AIDS infection within their territories.

Chapter IV

REWARDS AND HANDLING OF VIOLATIONS

Article 27.- All organizations and individuals who made meritorious achievements in the prevention and fight against HIV/AIDS infection shall be commended and awarded according to the common regulations of the State.

Article 28.-

1. Any person who violates the provisions of the law on the prevention and fight against HIV/AIDS infection shall, depending on the extent of the violation, be disciplined, subject to administrative sanctions or examined for penal liability. If the violation leads to the damage to the health, life or property of others, the offender shall be made to pay compensations as prescribed by law.

2. Any foreign organization or individual in Vietnam that violates the provisions of the law on the prevention and fight against HIV/AIDS infection, shall be dealt with according to Vietnamese law, except otherwise provided for in the international treaties which the Socialist Republic of Vietnam has signed or acceded to.

Chapter V

IMPLEMENTATION PROVISIONS

Article 29.- This Ordinance takes effect from the 1st of August 1995.

The earlier stipulations which are contrary to this Ordinance are now annulled.

Article 30.- The Government shall provide details for the implementation of this Ordinance.