Chương II Luật phòng, chống nhiễm vi rút gây ra hội chứng suy giảm miễn dịch mắc phải ở người (HIV/AIDS) 2006: Các biện pháp xã hội trong phòng, chống HIV/AIDS

Chapter II

SOCIAL MEASURES IN HIV/AIDS PREVENTION AND CONTROL

Section 1. INFORMATION, EDUCATION AND COMMUNICATION ON HIV/AIDS PREVENTION AND CONTROL

Article 9.- Purposes and requirements of information, education and communication on HIV/AIDS prevention and control

1. Information, education and communication on HIV/AIDS prevention and control shall aim at raising awareness, changing attitude and behavior, and fighting stigmatization and discrimination against HIV-infected people.

2. The provision of information, education and communication on HIV/AIDS prevention and control shall meet the following requirements:

a/ Being accurate, clear, simple and practical;

b/ Being relevant to the targeted audiences, their education level, age, gender and traditions, culture, ethnic identity, religion, social morals, beliefs and customs;

c/ Being non-discriminatory, not affecting gender equality and not using negative information on or images of HIV-infected people.

Article 10.- Contents of information, education and communication on HIV/AIDS prevention and control

1. Causes of HIV infection, routes of HIV transmission, measures to prevent HIV transmission and measures to care for and treat HIV-infected people.

2. Impacts of HIV/AIDS on human health and life and national socio-economic development.

3. Rights and obligations of individuals, families and HIV-infected people in HIV/AIDS prevention and control.

4. Testing, care, support and treatment methods and services designated for HIV-infected people.

5. Responsibilities of agencies, organizations, people's armed force units and communities in HIV/AIDS prevention and control.

6. Harm reduction intervention measures to prevent HIV transmission.

7. Fighting of stigmatization and discrimination against HIV-infected people.

8. The Party's line and guidelines, the State's policy and laws on HIV/AIDS prevention and control.

Article 11.- Targeted audiences of information, education and communication on HIV/AIDS prevention and control

1. Everyone is entitled to have access to information, education and communication on HIV/AIDS prevention and control.

2. The following subjects shall be given priority access to information, education and communication on HIV/AIDS prevention and control:

a/ HIV-infected people and their family members;

b/ Drug users, sex workers;

c/ People who have sexually transmitted diseases;

d/ Homosexual people;

e/ Mobile population group;

f/ Pregnant women;

g/ People living in remote, deep-lying areas or areas with particularly difficult socio-economic conditions.

Article 12.- Responsibility for information, education and communication on HIV/AIDS prevention and control

1. Agencies, organizations and units shall, within the scope of their respective tasks and powers, inform, educate and communicate knowledge of HIV/AIDS prevention and control.

2. The Ministry of Health shall assume the prime responsibility for, and coordinate with other concerned agencies in, providing accurate and scientific information on HIV/AIDS.

3. The Ministry of Culture and Information shall direct the mass media to regularly disseminate information and conduct communication on HIV/AIDS prevention and control, and integrate HIV/AIDS prevention and control programs into other information and communication programs.

4. The Ministry of Education and Training shall assume the prime responsibility for, and coordinate with the Ministry of Health, the Ministry of Labor, War Invalids and Social Affairs and concerned ministries and branches in, developing curricula and teaching contents on HIV/AIDS prevention and control; to combine HIV/AIDS prevention and control education with sex and reproductive health education; and direct education establishments within the national education system to provide education on HIV/AIDS prevention and control.

5. The Ministry of Labor, War Invalids and Social Affairs, the Ministry of Public Security and the Ministry of Defense shall, within the scope of their respective tasks and powers, assume the prime responsibility for, and coordinate with other concerned ministries and branches in, directing information, education and communication on HIV/AIDS prevention and control in medical treatment establishments, educational establishments, reformatories, social relief establishments, prisons and detention houses.

6. People's Committee at all levels shall organize information, education and communication on HIV/AIDS prevention and control for their local people.

7. The mass media shall give priority to the time and length of radio and television programs and the content, length and position of news and articles in printed, visual and electronic press on information, education and communication on HIV/AIDS control and prevention according to regulations of the Ministry of Culture and Information. Such information, education and communication on HIV/AIDS prevention and control shall be conducted free-of-charge, except when it is arranged under contracts signed with the national target program on HIV/AIDS prevention and control or with financial supports of domestic or foreign organizations and individuals.

Section 2. MOBILIZATION OF FAMILIES, ORGANIZATIONS AND INDIVIDUALS IN HIV/AIDS PREVENTION AND CONTROL

Article 13.- HIV/AIDS prevention and control in the family

1. Families shall conduct communication and education on HIV/AIDS prevention and control and proactively take measures to prevent HIV transmission.

2. Voluntary HIV testing is encouraged for couples before getting married or having a baby and for pregnant women.

3. Families of HIV-infected people shall rear, care and provide moral support to HIV-infected people so as to help them live in the integration with their families, community and society; and for collaborating with agencies, organizations and communities in HIV/AIDS prevention and control.

Article 14.- HIV/AIDS prevention and control in the workplace

1. The employer shall:

a/ Organize propaganda and education on HIV/AIDS prevention and control measures and anti-stigmatization and anti-discrimination against HIV-infected people in the agency, organization or people's armed force unit;

b/ Arrange jobs suitable to the health and professional qualification of HIV-infected laborers;

c/ Facilitate employees' participation in HIV/AIDS prevention and control activities;

d/ Have other responsibilities related to HIV/AIDS prevention and control in accordance with law.

2. The employer may not:

a/ Terminate the labor or job contract of an employee or cause difficulties to this person in his/her work on the ground that such person is infected with HIV;

b/ Force a physically fit employee to change the job he/she has been doing on the ground that such person is infected with HIV;

c/ Refuse to give a salary raise to or to promote an employee, or fail to ensure his/her legitimate rights or benefits on the ground that such person is infected with HIV;

d/ Request a job applicant to have an HIV test or produce an HIV test result, or refuse to recruit a person on the ground that such person is infected with HIV, except for the case specified in Clause 3, Article 28 of this Law.

Article 15.- HIV/AIDS prevention and control in education establishments within the national education system

1. Education establishments shall organize education for students and learners on HIV/AIDS prevention and control integrated with sex and reproductive health education, and conduct other HIV/AIDS prevention and control activities at their establishments.

2. Education establishments may not:

a/ Refuse to admit a student or learner on the ground that such person is infected with HIV;

b/ Discipline or expel a student/learner on the ground that such person is infected with HIV;

c/ Separate, limit or forbid a student or learner from participating in the establishment's activities or services on the ground that such person is infected with HIV;

d/ Request a student, leaner or a candidate to have HIV tested or produce an HIV test result.

Article 16.- HIV/AIDS prevention and control among mobile population groups

1. People's Committees of communes, wards or townships shall organize propaganda about HIV/AIDS prevention and control among new residents coming from other areas.

2. Owners and managers of accommodation service business establishments, parking lots, bus and coach stations, ports and other tourist and cultural, social service establishments shall collaborate with local agencies in charge of HIV/AIDS prevention and control to conduct propaganda about HIV/AIDS prevention and control and to implement appropriate harm reduction intervention measures to prevent HIV/AIDS transmission for their service users.

3. Heads of medical quarantine offices at border gates shall organize propaganda about HIV/AIDS prevention and control for people on entry, exit or in transit.

4. Agencies and organizations engaged in sending Vietnamese people to work or study abroad shall regularly organize propaganda and education on HIV/AIDS prevention and control for every laborer and trainee.

Article 17.- HIV/AIDS prevention and control in communities

1. People's Committees of communes, wards or townships shall:

a/ Organize HIV/AIDS prevention and control activities in the communities, education on care and support for HIV-infected people, develop good traditions of the family, the clan, the home village and the cultural identity of Vietnamese people;

b/ Organize care and support for HIV-infected people and their family members, and facilitate HIV-infected people to integrate into the community and society;

c/ Promote the role of heads of street population groups, heads of residential clusters, village patriarchs, heads of villages or hamlets, heads of Front working boards, heads of clans, religious dignitaries, elderly people and prestigious people in the community in the mobilization of the population in HIV/AIDS prevention and control.

d/ Formulate and develop models of cultured family and street population groups, residential clusters, hamlets and villages in connection with HIV/AIDS prevention and control.

e/ Organizing propaganda about anti-stigmatization and anti-discrimination against HIV-infected people.

2. Street population groups, residential clusters, hamlets and villages shall:

a/ Conduct propaganda about, mobilization and education for families in the area to participate in and implement regulations on HIV/AIDS prevention and control;

b/ Integrate HIV/AIDS prevention and control activities into public campaigns, sports, cultural and art events in the community and other social activities;

c/ Fight stigmatization and discrimination against HIV-infected people and their family members.

3. The State shall encourage relatives, neighbors and friends of HIV-infected people to provide moral support for, take care of, assist and facilitate HIV-infected people to integrate into the community and society.

Article 18.- HIV/AIDS prevention and control in educational establishments, reformatories, medical treatment establishments, social relief establishments, prisons and detention camps

1. Managers of educational establishments, reformatories, medical treatment establishments and social relief establishments and superintendents at prisons and detention camps shall organize propaganda about HIV/AIDS prevention and control, management, care for, counseling and treatment of HIV-infected people at their establishments.

2. The Prime Minister shall stipulate the management, care for, counseling and treatment of HIV-infected people and the prevention of HIV transmission at the establishments mentioned in Clause 1 of this Article.

Article 19.- Participation of social organizations in HIV/AIDS prevention and control

The State shall facilitate religious, non-governmental and other organizations to establish humanitarian and charity establishments to care for and treat HIV-infected people and carry out other HIV/AIDS prevention and control activities.

Article 20.- Participation of HIV-infected people in HIV/AIDS prevention and control

1. HIV-infected people are entitled to participate in HIV/AIDS prevention and control activities.

2. The State shall encourage and facilitate HIV-infected people to participate in:

a/ Peer education groups, clubs and other forms of activities organized by HIV-infected people in accordance with the provisions of law;

b/ Propaganda activities and harm reduction intervention measures to prevent HIV/AIDS transmission;

c/ Activities of supporting and caring for HIV-infected people;

d/ Contributing ideas for the formulation of programs, policies and laws concerning HIV/AIDS;

e/ Other HIV/AIDS prevention and control activities.

Section 3. OTHER SOCIAL MEASURES IN HIV/AIDS PREVENTION AND CONTROL

Article 21.- Harm reduction intervention measures to prevent HIV transmission

1. Harm reduction intervention measures to prevent HIV/AIDS transmission shall be implemented among target groups with risky behaviors through programs and projects suitable to socio-economic conditions.

2. The Government shall provide for the organization of implementation of harm reduction intervention measures to prevent HIV transmission.

Article 22.- Counseling on HIV/AIDS prevention and control

1. Everyone is entitled to access HIV/AIDS prevention and control counseling services.

2. Medical establishments shall provide counseling on HIV/AIDS prevention and control in accordance with regulations of the Minister of Health.

3. The State shall encourage organizations and individuals to set up HIV/AIDS prevention and control counseling organizations.

The Minister of Health shall issue regulations on conditions for the establishment of HIV/AIDS prevention and control organizations and the contents of their operation.

4. Pre- and post-test counseling on HIV/AIDS prevention and control shall be provided in accordance with Article 26 of this Law.

Article 23.- Integration of HIV/AIDS prevention and control activities into socio-economic development programs

1. HIV/AIDS prevention and control is one of the prioritized objectives of socio-economic development programs.

2. The Government shall direct ministries, branches and local administrations to integrate HIV/AIDS prevention and control activities into hunger eradication and poverty alleviation programs, vocational training and employment generation programs, tuberculosis prevention and control, reproductive heath, sexually transmitted infections prevention and control, and other socio-economic development programs.