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June 26, 2007, three days before the aniversery of the AIDS Law approval, a government's decree guiding the implementation of AIDS Law was released. The Decree No.108 provides relatively concrete instructions on 5 most critical and/or controversial issues stipulated by the Law. Harm reduction is the first to be addressed, followed by ARV management, supply and utilisation; care for abandoned infected children and adults, and establishment of non-public institutions providing care for PLWH; integration of HIV/AIDS in socio-economic development programs; and occupational mandatory testing.
Harm reduction, which is spelt out as consisting of supply and instruction of condom use; supply of and instruction for using clean needle and syringe; and opiate substitution treatment, is to be applied for 6 target groups: sex workers and their clients; opioid addicts; PLWH; same sex group; mobile population; and sexual partners of the earlier 5 groups. Harm reduction outreach workers who has an ID, and informs commune's people committee and police in advance will not be considered illegal while distributing of condom, clean neelde and syringe or providing subtitution treatment. The Decress also stipulates that Minister of Health has the authorities to approve harm reduction projects that operate in 2 provinces or more. The approval authority for single-province projects is with Chairperson of Provincial People's Committee. Other related ministeries can approve programs/projects operated under their administrative authorities.
ARV drugs purchased with government funding or donated are to be provided free of charge. The Decree makes the ARV supply system centralized and managed by the MOH. According to the Decress, MOH appoints pharmaceutical companies to receive, store and distribute ARV drugs according to annual ARV MOH-approved supply plan - for both HIV/AIDS and post-exposure treatment. The companies will supply ARV directly to treatment sites on a monthly or quarterly basis.
Regarding non-public institutions that provide care for PLWH, the Decree requires that those institutions to be financial independent, and should provide level of support financially equivalent to or more than that of the government.
To make HIV/AIDS a part of local socio-economic development, the Decree stipulates that local plan will be approved only if it includes indicators and activities on HIV/AIDS, or analysis of impacts on HIV/AIDS.
Pilots and people recruited to special forces of national defense and public security must be tested for HIV. The Decree, however, stipulated that if the employees are found having HIV after recruitment, they should not be discriminated.
The Decree consists of 22 articles in 6 chapters. The draft was widely consulted with different groups, including people living with HIV and civil society organizations. Although it does not meet all expectations, the content of the Decree reflects that some critical comments from consultations were taken seriously.
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