Thông tư liên tịch 25/1999/TTLT-BLDTBXH-BYT

JOINT CIRCULAR

TEMPORARILY PRESCRIBING THE LIST OF OCCUPATIONS AND KINDS OF WORK WHICH HIV/AIDS-INFECTED PEOPLE ARE NOT ALLOWED TO DO

Pursuant to Article 22 of the Ordinance on the Prevention and Fight against HIV/AIDS of May 31st, 1995 and Article 3 of the Government’s Decree No. 34-CP of June 1st, 1996 guiding the implementation of the Ordinance on the Prevention and Fight against HIV/AIDS. After consulting the AIDS National Committee in Official Dispatch No. 741/UB of September 29, 1999, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Health hereby jointly prescribe the list of the following occupations and work which HIV/AIDS-infected people are not allowed to do:

I. LIST OF OCCUPATIONS AND KINDS OF WORK WHICH HIV/AIDS-INFECTED PEOPLE ARE NOT ALLOWED TO DO

1. Health services: Surgery; obstetrics; ophthalmology; stomatology; otorhinolaryngology; test hematology; blood transfusion; dermatology; open cancer; injection; acupuncture; vivisection; endoscope, and other health services in direct contact with blood and biological fluids of patients.

2. Direct production of vaccines; immune bio-products; diagnostic bio-products, serums for disease prevention and treatment; and blood preparations.

3. Plastic surgery services, beauty services: face lift; nose treatment; skin grafting, body tattooing and tattoo removal, eyelid, lip and eyebrow puncturing and puncture removal; under-skin fat removal and other services in direct contact with blood and biological fluids.

4. Daily-life services: hairdressing, drying, curling, shampooing; fingernail and toenail cutting and filing, ear- and nose-piercing; massage and digital puncture.

5. Streaming, drying and sterilization of medical examination and treatment instruments.

6. Direct provision of room services in hotels; dancing girls in dancing halls.

7. Taking care of children at crèches, kindergartens, pre-school centers and service establishments.

II. ORGANIZATION OF IMPLEMENTATION

1. Responsibilities of employers in enterprises, agencies and units:

a/ To popularize the contents of this Circular among laborers;

b/ Within three months after receiving the official notice of the competent health agency, the employers shall have to transfer HIV/AIDS-infected laborers who are doing occupations or kinds of work specified in Part I of this Circular to other appropriate kinds of work;

c/ Not to dismiss or commit any discriminatory acts against HIV/AIDS-infected laborers;

d/ To ensure the interests in terms of wage, social insurance and other regimes and policies for the HIV/AIDS-infected as prescribed by law.

e/ To keep confidential the laborers’ positive HIV/AIDS test results.

2. Responsibilities of laborers: Upon having their positive HIV/AIDS test results, they shall have to:

a/ Immediately report such to their employers and voluntarily discontinue doing occupations or kinds of work specified in Part I of this Circular and be ready to do new jobs as assigned by their employers;

b/ Actively take measures to prevent the transmission of the disease to other people.

3. Responsibilities of medical establishments:

3.1. Medical stations of production, business and service establishments:

a/ To join the employers in popularizing, educating and providing consultancy for laborers about measures to prevent and avoid HIV/AIDS transmission and infection;

b/ To notify the list of people vulnerable to HIV/AIDS infection to the employers and HIV/AIDS test establishments;

3.2. Medical establishments of the district and higher levels.

a/ Directors or person in charge of medical establishments of the district and higher levels shall have the right to mandate HIV/AIDS tests in people vulnerable to HIV/AIDS infection at production, business and service establishments.

b/ To immediately notify the employers of the HIV/AIDS test results;

c/ To provide consultancy free of charge for laborers concerning measures to prevent and avoid HIV/AIDS infection.

4. The provincial/municipal Labor, War Invalids and Social Affairs Services and Health Services shall, in coordination with the local AIDS committees, have to organize, monitor and inspect the implementation of this Circular at units and enterprises located in localities according to their respective functions and competence.

5. This Circular takes effect 15 days after its signing for issuance. If, in the course of implementation, any problems arise, the ministries, branches and localities are requested to report them to the Ministry of Labor, War Invalids and Social Affairs (the Department for Labor Protection) and the Ministry of Health (the AIDS Committee) for study and settlement.