DECISION

ON CRITERIA FOR IDENTIFYING PEOPLE EXPOSED TO HIV AND PEOPLE INFECTED WITH HIV THROUGH OCCUPATIONAL ACCIDENTS

Pursuant to the Law on Government Organization of June 19, 2015; Law on amendments to the Law on Government Organization and the Law on Organization of Local Governments dated November 22, 2019;

Pursuant to the Law on Prevention and Control of Human Acquired Immunodeficiency Syndrome (HIV/AIDS) dated June 29, 2006; the Law on amendments to the Law on Prevention and Control of Human Acquired Immunodeficiency Syndrome (HIV/AIDS) dated November 16, 2020;

At the request of the Minister of Health;

The Prime Minister promulgates a Decision on criteria for identifying people exposed to HIV and people infected with HIV through occupational accidents.

Article 1. Scope

This Decision provides for criteria for identifying people exposed to HIV and people infected with HIV through occupational accidents; procedures for issuance of certificates of exposure to HIV/HIV infection through occupational accidents.

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A person determined to be exposed to HIV through an occupational accident must meet the following criteria:

1. The person has any of the following accidents while performing his/her duties:

a) His/her mucous membranes or damaged skin come in contact with the blood, blood products, or body fluids of a HIV-infected person;

b) His/her mucous membranes or damaged skin come in contact with the blood, blood products, or body fluids of a person with unknown HIV status.

2. He/she obtains a negative HIV test result from a licensed testing facility in accordance with law on examination and treatment. The blood sample for HIV testing must be collected from the person who has an occupational accident within 72 hours of the accident as prescribed in clause 1 of this Article.

Article 3. Criteria for identifying people infected with HIV through occupational accidents

A person determined to be infected with HIV through an occupational accident must meet the following criteria:

1. He/she has been exposed to HIV through an occupational accident.

2. He/she obtains a positive HIV test result from a licensed testing facility. The blood sample for HIV testing must be collected from a person who has been exposed to HIV between 30 and 180 days after the accident date.

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1. The Ministry of Health shall issue certificates of exposure to HIV/HIV infection through occupational accidents to entities under their authority.

2. The Ministry of National Defense shall issue certificates of exposure to HIV/HIV infection through occupational accidents to entities under their authority.

3. The Ministry of Public Security shall issue certificates of exposure to HIV/HIV infection through occupational accidents to entities under their authority.

4. The Departments of Health in provinces and centrally-affiliated cities shall issue certificates of exposure to HIV/HIV infection through occupational accidents to entities under their authority and authority of other ministries and agencies, except for the cases in clauses 1, 2, and 3 of this Article.

Article 5. Application for issuance of certificate of exposure to HIV/HIV infection through occupational accidents

1. Required documents of an application for issuance of certificate of exposure to HIV/HIV infection through occupational accident:

a) An application form for issuance of certificate of exposure to HIV/HIV infection through occupational accidents prescribed in Form No. 01 of Appendix thereto;

)b) Report of occupational accident;

c) Original or copy of the negative HIV test result;

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2. Required documents of application for issuance of certificate of HIV infection through occupational accidents:

a) An application form for issuance of certificate of /HIV infection through occupational accidents prescribed in Form No. 02 of Appendix thereto;

b) Original or copy of any of the following documents: the positive HIV test result, summary of medical records of the person infected with HIV through an occupational accident.

Article 6. Procedures for issuance of certificate of exposure to HIV/HIV infection through occupational accidents

1. The governing organization, agency, unit of the person exposed to or infected with HIV through an occupational accident (hereinafter referred to as governing agency) shall send an application for certificate prescribed in Article 4 hereof to the competent authority.

2. How to apply:

a) In person;

b) By post;

c) Online.

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a) Within 5 working days of receiving a complete and valid application, the competent authority shall issue a certificate of exposure to HIV/HIV infection through occupational accident. The certificate of exposure to HIV/HIV infection through occupational accidents is made as specified in Forms No. 04 and 05 of Appendix thereto;

b) Within 2 working days of receiving an invalid application, the competent authority shall reject the application, provide an explanation, and guide necessary supplementation.

Article 7. Entry into force

This Decision comes into force as of December 10, 2023, supersedes Decision No. 120/2008/QD-TTg dated August 29, 2008 of the Prime Minister on criteria for identifying people exposed to or infected with HIV through occupational accidents.

Article 8. Transitional provision

Any application for issuance of certificate of exposure to HIV/HIV infection through occupational accident which was filed before the effective date of this Decision shall apply Decision No. 120/2008/QD-TTg dated August 29, 2008 of the Prime Minister on criteria for identifying people exposed to or infected with HIV through occupational accidents.

Article 9. Implementation

Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of People’s Committees of provinces and central-affiliated cities, and relevant entities shall implement this Decision.

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PP. THE PRIME MINISTER
DEPUTY PRIME MINISTER




Tran Luu Quang