Chương 2 Nghị định 108/2007/NĐ-CP: Các biện pháp can thiệp giảm tác hại trong dự phòng lây nhiễm hiv

Chapter II

HARM REDUCTION INTERVENTION MEASURES IN THE PREVENTION OF HIV TRANSMISSION

Article 4.- Harm reduction intervention measures in the prevention of HIV transmission

1. Provision of condoms and guidance on condom use.

2. Provision of clean needles and syringes and guidance on their use.

3. Treatment of addiction to opiate substances with substitution drugs.

Article 5.- Target groups of harm reduction intervention measures in the prevention of HIV transmission

Harm reduction intervention measures in the prevention of HIV transmission are applied to the following groups:

1. Sex workers and their customers;

2. Addicts to opiate substances;

3. HIV-infected persons;

4. Persons having homosexual relations;

5. Mobile population group;

6. Persons having sexual relations with those specified in Clauses 1, 2, 3, 4 and 5 of this Article.

Article 6.- Competence to decide on implementation of harm reduction intervention measures in the prevention of HIV transmission

1. Harm reduction intervention measures in the prevention of HIV transmission are implemented under programs and projects approved by competent state agencies defined in Clause 2 of this Article.

2. Competence to approve programs and projects funded with capital from the state budget or other sources is prescribed as follows:

a/ The Minister of Health approves those programs and projects to operate in two or more provinces;

b/ Ministers or heads of ministerial-level agencies with functions related to HIV/AIDS prevention and control approve programs and projects to operate within the scope under their respective management;

c/ Presidents of People’s Committees of provinces or centrally run cities approve programs and projects to operate in their respective localities.

3. Competence to approve programs and projects funded with official development assistance complies with the Government’s Decree No 131/2006/ND-CP of November 9, 2006, promulgating the Regulation on management and use of official development assistance.

Article 7.- Rights and responsibilities of outreach workers who participate

in implementing programs and projects on harm reduction interventions in the prevention of HIV transmission

1. Outreach workers who participate in programs or projects on harm reduction interventions in the prevention of HIV transmission are entitled to:

a/ Benefits and allowances from these programs and projects;

b/ Protection by law when providing condoms, clean needles and syringes or treatment of addition to opiate substances with substitution drugs for those stated in Article 5 of this Decree;

2. Outreach workers who participate in programs or projects on harm reduction interventions in the prevention of HIV transmission have the following responsibilities:

a/ To notify the commune-level People’s Committee and police before implementing harm reduction intervention measures in localities;

b/ Use their cards in performing their assigned tasks.

3. The Ministry of Health shall assume the prime responsibility for, and coordinate with the Ministry of Public Security in, guiding criteria for card holders; the form of the card; the issuance, management and use of cards nationwide when implementing programs or projects on harm reduction interventions in the prevention of HIV transmission.

Article 8.- Provision of condoms and guidance on condom use

1. Condoms are provided free of charge or sold at subsidized price under programs or projects to those stated in Article 5 of this Decree by outreach workers holding cards or through the network of condom distribution points stated in Clause 3 of this Article..

2. Condoms provided free of charge as stipulated in Clause 1 of this Article must have the phrase “For free distribution only, not for sale” on their packings or supplementary labels.

3. Managers of programs or projects may:

a/ Expand the network of free-of-charge condom distribution points, install condom vending machines and arrange condom retail points in entertainment centers, railway or bus stations, hotels, guest houses, restaurants and other accommodation service facilities;

b/ Promote the free-of-charge provision of condoms and the sale of condoms at subsidized price to users.

4. Managers of programs and projects shall:

a/ Provide guidance on proper condom use;

b/ Notify the commune-level People’s Committee and police before providing condoms and guidance on condom use.

5. Owners of entertainment centers, railway and bus stations, hotels, guest houses, inns, restaurants and accommodation service facilities are responsible for collaborating with programs and projects in providing condoms free of charge or installing condom vending machines within their establishments.

6. The People Committees at all levels and police offices at the same level are responsible for creating favorable conditions for programs and projects to operate and develop the network of condom distribution points in their localities.

Article 9.- Provision and guidance for use of clean needles and syringes

1. Clean needles and syringes are provided free of charge under programs and projects to injecting drug users by outreach workers holding cards or through the network of clean needles and syringes distribution points stated in Clause 5 of this Article.

2. Needles and syringes stated in Clause 1 of this Article must have the phrase “For free distribution only, not for sale” on their packings or supplementary labels.

3. When distributing clean needles and syringes to injecting drug users, outreach workers shall:

a/ Instruct the safe use of needles and syringes;

b/ Distribute correct quantities of clean needles and syringes provided by the program or project, and collect all used ones in safe hard-shell containers and carry them to prescribed places for destruction in accordance with the law on waste disposal;

4. Injecting drug users shall collect used needles and syringes and hand them to outreach workers according to Point b, Clause 3 of this Article.

5. Programs and projects may expand their fixed or mobile networks of providing clean needles and syringes at HIV/AIDS prevention and control centers, provincial- and district-level preventive medicine centers, drug stores, voluntary counselling and testing centers and other appropriate sites.

6. People’s Committees at all levels and polices of the same level are responsible for creating favorable conditions for programs and projects to operate and develop clean needle and syringe distribution points in their localities.

Article 10.- Treatment of addiction to opiate substances with substitution drugs

1. Treatment of addiction to opiate substances with substitution drugs is provided at medical establishments which have adequate physical facilities, equipment and personnel and are designated by provincial or municipal-level Health Services through programs or projects approved by competent state agencies defined in Clause 2, Article 6 of this Decree. Treatment of addition to opiate substances with substitution drugs is not permitted at medical treatment establishments set up under the Ordinance on Handling of Administrative Violations.

2. Treatment of addiction to opiate substances with substitution drugs is provided only to addicts of opiate substances who voluntarily and commit in writing to adhere to the treatment guidelines. For addicts aged under 16 years, their parents or lawful guardians shall express their consent and commit in writing to adhere to the treatment guidelines.

3. Substitution drugs must be granted registration numbers by the Ministry of Health for circulation.

4. Addicts to opiate substances shall use substitution drugs under the supervision of health workers.

5. During the process of treatment of addition to opiate substances with substitution drugs, addicts to opiate substances will not be confined to medical treatment establishments set up under the Ordinance on Handling of Administrative Violations, unless they illegally use narcotics.

6. Only medical doctors and assistant doctors who have completed training in treatment of addiction to opiate substances with substitute drugs according to regulations of the Minister of Health and are assigned by the medical establishments stated in Clause 1 of this Article can prescribe substitution drugs for addicts to opiate substances who are on the list for such treatment under the program or project approved by a competent state agency.

7. Substitution drugs used in the treatment of addition to opiate substances shall be managed in accordance with the law on management of habit-forming drugs and psychotropics.

8. The Minister of Health shall issue specific guidance on the conditions of medical establishments designated to provide treatment of addition to opiate substances with substitution drugs, and procedures and guidelines for treatment of addition to opiate substances with substitution drugs.

Article 11.- Supervision and monitoring of harm-reduction interventions in the prevention of HIV transmission

1. Contents of supervision and monitoring:

a/ Supervising and monitoring the compliance with the laws and the programs’ or projects’ rules in the implementation of harm reduction interventions in the prevention of HIV transmission by outreach workers;

b/ Supervising and monitoring the performance of practical activities by outreach workers of programs and projects on harm reduction interventions in the prevention of HIV transmission;

c/ Supervising and monitoring the programs’ and projects’ implementation of harm reduction interventions in the prevention of HIV transmission according to the approved program and project activities.

2. Supervising and monitoring responsibilities:

a/ Directors of projects and programs and persons in charge of outreach workers shall monitor and supervise the implementation of harm reduction interventions in the prevention of HIV transmission by outreach workers. When detecting any outreach worker who fails to comply with the program’s or project’s rules or commit a law-breaking act, to immediately stop the worker’s act, withdraw his/her card and report to competent state agencies for consideration and handling in accordance with law;

b/ Provincial-level agencies in charge of coordinating HIV/AIDS prevention and control shall collaborate with police offices and social evil prevention and combat agencies in supervising and monitoring activities of programs and projects on harm reduction interventions in the prevention of HIV transmission in the provinces. If detecting activities beyond the program or project contents already approved by competent authorities or poor management of outreach workers, to immediately report it to the provincial-level People’s Committee president or the Ministry of Health, which has approved the program or project concerned, for timely handling in accordance with law.