Viet Nam

Last updated on: 5 May 2012

Criminalisation of HIV transmission/exposure

Viet Nam
Whether Specific law enacted: 
Yes
Number of people prosecuted: 
0
Number of people convicted: 
0
Applicable law: 

Law on HIV/AIDS Prevention and Control (No. 64/2006/QH11)

Key wording in the law: 

Rights and obligations, prohibited acts

Discussion: 

Article 4 - Rights and obligations of HIV-infected people

2. HIV-infected people shall have the following obligations:

a. To apply measures to prevent the transmission of HIV to other people;

b. To inform their HIV positive test result to their spouse or fiancé (fiancée);

 

Article 8 - Prohibited acts

1. Purposefully transmitting or causing the transmission of HIV to another person.

2. Threatening to transmit HIV to another person.

Other laws and policies with an impact on responses to HIV

Laws and regulations relating to entry, stay or residence in the country: 

There are no specific entry or residence regulations for people with HIV/AIDS. Neither a medical certificate nor an HIV test result is required when entering the country.

According to our research, there are no HIV related entry, stay or residence restrictions.

There is a decree requiring HIV positives to report to the immigration officer. However, the ordinance is not applied. None of my friends have ever declared their condition. Therefore, we don't know what would happen if somebody would actually do it!

No health certificate is required at the airports. Only Vietnamese nationals seeking to marry a Vietnamese in Vietnam have to provide one. There are no specific immigration laws.

The U.S. Department of State is unaware of any HIV/AIDS entry restrictions for visitors to or foreign residents of Vietnam.

For updated information, please go to: www.hivrestrictions.org

Laws relating to same sex, sexual relations: 

Male to Male relationships: Legal

Punishments for male to male relationships: No law

Female to Female Relationships: Legal

Age of consent: Equal for heterosexuals and homosexuals

For updated information, please go to: http://ilga.org

Laws relating to injecting drug use: 

Yes

Protective laws and policies for people living with HIV: 

Yes