Bảo đảm quyền của người sống chung với HIV AIDS theo pháp luật việt nam tt tiếng anh

VIETNAM ACADEMY OF SOCIAL SCIENCES GRADUATE ACADEMY OF SOCIAL SCIENCES NGUYEN THI KHANH TRANG ENSURING THE RIGHTS OF PEOPLE LIVING WITH HIV/AIDS IN ACCORDANCE WITH VIETNAMESE LAW Major: Constitutional Law and Administrative Law Code: 38 01 02 SUMMARY OF DOCTORAL THESIS IN LAW Ha Noi - 2020 The work is completed at GRADUATE ACADEMY OF SOCIAL SCIENCES Science Instructor: Assoc Prof Dr Dinh Ngoc Vuong Counter-argument 1: Prof Dr Pham Hong Thai Counter-argument 2: Assoc Prof Dr Dinh Xuan Thao Counter-argument 3: Assoc Prof Dr Nguyen Minh Man The thesis will be defended before the Academy-level PhD Thesis Assessment Council at the Graduate Academy of Social Sciences, No 477 Nguyen Trai street, Thanh Xuan, Ha Noi At: dated 2020 Thesis can be found at: - National Library of Viet Nam - Library, Graduate Academy of Social Sciences INTRODUCTION The urgency of researching the topic In the current period, human rights and human rights guarantee are particularly interested in by countries around the world, including Vietnam Vietnam has joined most of the important international human rights conventions and was elected a member of the United Nations Human Rights Council for the term 2014-2016 This is an event of great significance, marking a new step in the implementation of foreign policy, proactive international integration, making a positive contribution to ensuring human rights In recent years, the Party and State of Vietnam have had many guidelines and policies to ensure the realization of human rights in general and the rights of vulnerable groups in particular, including the rights of people living with HIV/AIDS Ensuring the rights of people living with HIV/AIDS is not only for the interests of people living with HIV/AIDS, but also for protecting the common interests of the community and limiting the spread of HIV Respecting and protecting the rights of people living with HIV/AIDS will create openness, friendliness and confidence, especially the sense of responsibility of people living with HIV/AIDS in society The attraction and mobilization of groups of people living with HIV/AIDS into HIV/AIDS prevention and control is of great importance In order to ensure the civil rights in terms of politics as well as economy, culture and society of people living with HIV/AIDS in practice, the State needs to take radical and synchronous measures to respect, promote and protect the rights of people living with HIV/AIDS, so that they can fully enjoy their legitimate rights and benefits, contribute to reduce negative impacts, eventually to reverse the HIV/AIDS epidemic In order to meet the requirements of practice, it is necessary to have indepth research in terms of theory; providing analysis and assessment of the situation of ensuring the rights of people living with HIV/AIDS; on that basis, proposing solutions to improve efficiency to ensure the rights of people living with HIV/AIDS are implemented in practice From the above reasons, the author has chosen the topic “Ensuring the rights of people living with HIV/AIDS in accordance with Vietnamese law” as research topic for Doctoral Thesis in law, Major in Constitutional Law and Administrative Law Research purpose and mission 2.1 Research purpose The purpose of this thesis research is to clarify the theoretical issues about ensuring the rights of people living with HIV/AIDS and the current situation of ensuring the rights of people living with HIV/AIDS in Vietnam today; thereby proposing solutions to strengthen ensuring the rights of this social group in our country in the coming time 2.2 Research mission To achieve the above purpose, the thesis needs to solve the following problems: - Overall assessment of the research situation related to the topic, indicating the achieved research results that need to be inherited and the issues that need to be further developed in order to expand the research direction on the current situation of ensuring human rights living with HIV/AIDS in Vietnam - The study clarifies the theoretical issues of ensuring the rights of people living with HIV/AIDS: Concepts and characteristics of ensuring the rights of people living with HIV/AIDS, egal mechanisms to ensure the rights of people living with HIV/AIDS associated with HIV/AIDS and its impact factors - Analyzing and assessing the current status of the law and the realization of a number of specific vulnerable rights of people living with HIV / AIDS, assessing the achieved results and limitations in ensuring practice rights of people living with HIV / AIDS in Vietnam - Based on the synthesis of research results, giving opinions and proposing effective solutions to ensure the realization of the rights of people living with HIV / AIDS in Vietnam in the coming time Subject and scope of the study 3.1 Research subject The research subject of the thesis is the reality of ensuring the rights of people living with HIV / AIDS in Vietnam, cluding awareness of the theory, policy framework, law and implementation of policies and laws on human rights of this social group in our country; experience in regulating the laws of some countries around the world 3.2 Scope of the study - Scope of content: Ensuring the rights of people living with HIV/AIDS has a very wide content, covering many theoretical and practical issues, related to many fields specified in many different law branches However, within the research scope of a doctoral thesis, the author only focuses on the legal guarantees regarding the rights of people living with HIV/AIDS in Vietnam from a specialized perspective of Constitutional Law and Administrative Law - In terms of space: The thesis only focuses on ensuring the rights of people living with HIV / AIDS in Vietnam and does not expand to other countries - In terms of time: The thesis focuses on ensuring the rights of people living with HIV/AIDS from 2006 to present (since the Law on Prevention and Control of Human Immunodeficiency Virus (HIV / AIDS) was enacted) Methodology and research methods 4.1 Methodology The thesis uses the methodology of dialectical materialism and historical materialism of Marxism-Leninism and a number of theories of human rights such as the theory of natural rights, the theory of legal rights and the theory of a rights-based approach as the basis of the analysis 4.2 Research method In the thesis, the PhD student combines using specific research methods as follows: Analysis method, Method of comparison, Method of synthesis, statistics, Method of analysis of practical situations (case study examination) New scientific contributions of the thesis The research results of the thesis have made general relatively clear views on ensuring the rights of people living with HIV/AIDS under Vietnamese law; comprehensively assess the legal status and realization of the specific rights of people living with HIV/AIDS On that basis, the thesis outlines the views and proposes a number of solutions to improve efficiency in ensuring the rights of people living with HIV/AIDS in Vietnam These solutions are feasible, can be referenced for application in construction practice and law application New points in the research results of this Thesis compared to other research on ensuring the rights of people living with HIV/AIDS are: the research has mainly ensured the legality based on the theoretical foundation of the legal guarantee of rights The theoretical and practical significance of the Thesis - In theoretical terms: The thesis is an in-depth and comprehensive research on ensuring the rights of people living with HIV/AIDS under Vietnamese law, contributing to consolidating, clarifying the theory and raise awareness about the rights of people living with HIV/AIDS under Vietnamese law - In practical terms: The research results of the thesis provide scientific arguments to help agencies and organizations in planning policies and guidelines to perfect the law on ensuring the rights of people living with HIV/AIDS in Vietnam in the next time At the same time, it proposes important recommendations for law enforcement, ensuring the real realization of the rights of people living with HIV/AIDS in Vietnam during the period The thesis is also valid for reference in research and teaching in training institutions with expertise related to the topic Structure of the thesisn In addition to the introduction, conclusion, list of references, the thesis is structured with chapters, specifically as follows: Chapter Overview of research related to the thesis topic Chapter Theoretical issues on ensuring the rights of people living with HIV/AIDS Chapter Current situation of ensuring the rights of people living with HIV/AIDS in Vietnam today Chapter Views and solutions to ensure the rights of people living with HIV/AIDS Chapter OVERVIEW OF RESEARCH RELATED TO THE THESIS TOPIC 1.1 Research situation related to the thesis topic In recent times, human rights in general and the rights of people living with HIV / AIDS in particular have been interested in research by domestic and foreign scholars In general, the research works are very rich and diverse in content, scope and approach It is possible to generalize and divide the works related to the thesis topic into the following groups: 1.1.1 Group of studies related to theoretical issues about ensuring the rights of people living with HIV/AIDS Typical works on human rights issues and human rights guarantee in general can be mentioned publications by editor Prof Dr Vo Khanh Vinh such as “Human rights”, Social Science Publishing House, Hanoi, 2011; “Human rights: multidisciplinary and interdisciplinary approach to Social sciences”, Social Science Publishing House, Hanoi, 2009; “Human rights: multidisciplinary and interdisciplinary approach to Law” (book I and book II), Social Science Publishing House, Hanoi, 2010; “Mechanism for ensuring and protecting human rights” Social Science Publishing House, Hanoi, 2011; “Theoretical and practical issues of civil and political rights groups”, Social Science Publishing House, Hanoi, 2011; “Theoretical and practical issues of economic, cultural and social rights groups” Social Science Publishing House, Hanoi, 2011; “Theoretical and practical problems of new rights emerge in the development process”, Social Science Publishing House, Hanoi, 2012; “International law on human rights” Social Science Publishing House, Hanoi, 2014 by co-editors Prof Dr Vo Khanh Vinh and Dr Le Mai Thanh; Curriculum “Theory and legislation on human rights, 2009”, Social Science Publishing House, Hanoi by co-editors Nguyen Dang Dung, Vu Cong Giao and La Khanh Tung The above-mentioned scientific works mainly focus on theoretical, historical, legal and basic theoretical issues on human rights, including specific issues such as: human concepts, characteristics, and nature; generations of human rights; the relationship between human rights with civil rights, human rights with a number of fields such as politics, economics, culture and society; national, regional and international legal mechanisms on human rights; views of the Party and State of Vietnam on civil, political, economic, socio-cultural rights The works also focus on researching the conditions to ensure human rights, legal policies on civil, political, cultural and social rights The above-mentioned scientific studies have also researched on specific rights as well as rights of certain groups of people and studied some new rights emerging in the socio-economic development of the country 1.1.2 Group of works related to the situation of ensuring the rights of people living with HIV/AIDS Scientific research works mainly on the status of prescribing certain rights, the development of policies towards people living with HIV/AIDS, and the situation of stigma, discrimination and in the field of care and treatment or the real situation of implementing legal provisions on ensuring the rights of people living with HIV/AIDS in a specific field and in a specific scope 1.1.3 Group of works related to views and solutions to ensure the rights of people living with HIV / AIDS The scientific researches related to this group mainly refer to the views and policies of the Party and the policies of the State; Appropriate solutions in propaganda and education to contribute to changing stigma towards people living with HIV/AIDS, solutions to ensure a number of specific rights or a specific area and especially many public research on ensuring the right to treatment and health care for people living with HIV/AIDS 1.2 Evaluate the research situation related to the thesis topic Through analyzing the research situation of domestic and foreign scientific works related to the issue of ensuring human rights in general, the rights of people living with HIV / AIDS in particular, the author commented and assessed on research achievements and indicated the next research direction Chapter THEORETICAL ISSUES ON ENSURING THE RIGHTS OF PEOPLE LIVING WITH HIV/AIDS 2.1 Concepts, characteristics and meaning of ensuring the rights of people living with HIV/AIDS 2.1.1 Concept of ensuring the rights of people living with HIV/AIDS 2.1.1.1 Concept and characteristics of people living with HIV/AIDS The author has researched the concepts and characteristics of people living with HIV/AIDS From the above analysis, the author gives the concept of people living with HIV/AIDS within the scope of this thesis: “People living with HIV/AIDS are people infected with HIV, who carry HIV virus causing the immunodeficiency and weakening the body, reducing the ability to fight diseases Gradually, HIV will turn to AIDS" 2.1.1.2 The concept, characteristics and content of the rights of people living with HIV/AIDS From the analysis, the author has given the concept of the rights of people living with HIV/AIDS as follows: The rights of people living with HIV / AIDS include basic human rights in political, civil, economic, cultural and social fields; as a unique and vulnerable group * Characteristics of the rights of people living with HIV/AIDS: Firstly, people living with HIV/AIDS belong to the group of vulnerable people both physically and mentally, suffering from stigma and discrimination; their rights are raised and attached to the necessary protection both physically and mentally Second, the rights of people living with HIV/AIDS are easily violated and difficult to protect Thirdly, the rights of people living with HIV / AIDS are mainly associated with rights holders Most of them have poor awareness of rights, leading to their failure to protect their rights when being violated The exercise of rights becomes passive and difficult * Contents of the right of people living with HIV: People living with HIV / AIDS are like ordinary people, they enjoy other human rights recognized in international conventions on human rights such as: The 1966 International Covenant on Civil and Political Rights, the 1966 International Covenant on economic, social and cultural rights, specifically: Group of political civil rights includes the following basic rights and freedoms: The right to be free from discrimination, to recognition and equality before the law; Right to life; Right to liberty and security; Right to a fair trial; Right to freedom of movement and of residence; Right to privacy; Right to freedom of thought, belief, religion; Right to marriage and equality in marriage; Freedom of expression; Freedom of association; Freedom of peaceful assembly; The right to participate in political life Group of social, economic and cultural rights includes: The right to enjoy and maintain an appropriate standard of living; Labor rights; Right to social security; Right to family support; Right to physical and mental health; Right to education; Right to participate in cultural life and enjoy scientific achievements 2.1.1.3 Concept of ensuring the rights of people living with HIV / AIDS From the above analysis, the author has introduced the concept of ensuring the rights: "ensuring human rights of people living with HIV / AIDS" means ' creating premises, legal, economic, cultural and social conditions for all people living with HIV / AIDS to enjoy their legitimate rights, freedoms and interests that are recognized in international law and national law” 2.1.2 Characteristics of ensuring the rights of people living with HIV / AIDS 2.1.2.1 The subjects that are responsible for ensuring the rights of people living with HIV / AIDS are plentiful and diverse In the scope of this thesis, the author only mentions the subjects implementing the rights guarantee at the national level but not mentioned at the international and regional level 2.1.2.2 Ensuring the rights of people living with HIV / AIDS is to ensure their equal treatment first People living with HIV / AIDS have the same natural rights, inherent rights and other human rights as ordinary people that are recognized and institutionalized in international, regional and national legal 11 died, in the first 10 months of 2019, the whole country detected 8,479 newly discovered cases of HIV infection and the number of patients transitioning to AIDS was about 1,553, the number of fatalities was 1,496 cases The main route of transmission is from unprotected sex (67.2%), through blood (16.6%), mother to child (1.8) 3.2 The current status of the law ensureing the rights of people living with HIV / AIDS in Vietnam today In Vietnam, since the first HIV case was discovered in 1990, the State has promptly developed and directed the implementation of many HIV / AIDS prevention and control plans, such as Medium-term plan for the period 1993-1996, 1996-2000, 2001-2005; In particular, the Prime Minister issued Decision No 36/2004/QD-TTg dated March 17, 2004 approving the National Strategy on HIV / AIDS Prevention and Control in Vietnam to 2010 and Vision to 2020 The National Strategy on HIV / AIDS Prevention and Control in Vietnam to 2010 and Vision to 2020 is built on the basis of inter-agency coordination with the active support of United Nations and international organizations and individuals who are supporting the HIV / AIDS prevention and control program in Vietnam The Strategy content was developed based on general statements of the United Nations, the summit declaration of the 2001 United Nations General Assembly Special Session on HIV / AIDS (UNGASS), the commitments of the Government of Vietnam and the guideline of the State of Vietnam in the care and protection of the people's health, in the development of the socio economics; providing orientations, priorities and solutions for HIV / AIDS prevention and control for the period 2004 - 2010 and a vision to 2020 The political basis of human rights access in HIV / AIDS prevention and control is the Party's guidelines and policies on HIV / AIDS epidemic prevention and control On March 11, 1995, the Secretariat of the Party Central Committee issued Directive No 52-CT / TW on leading the work of HIV / AIDS prevention and control; On November 30, 2005, the Secretariat of the Party Central Committee issued Directive No 54-CT / TW on strengthening leadership in the work of HIV / AIDS prevention and control in the new situation 12 The Central Committee issued Resolution No 20-NQ / TW in 2017 on strengthening the protection, care and improvement of the people's health, including HIV / AIDS prevention and control The Party’s documents have set out policies on promoting the traditions of mutual love, caring and helping of the community, combating stigma and discrimination against HIV / AIDS infected people The legal basis of access to the right to HIV / AIDS prevention and control in Vietnam is the provisions of the 1992 Constitution, especially the provisions of the 2013 Constitution, which affirms that our State respects and protects human rights, through our legal system, in which the basic international human rights conventions has internalized, including the International Covenant on Civil and Political Rights (1966 ); International Covenant on economic, social and cultural rights (1966) The National Assembly issued the Law on Drug Prevention and Fight in 2000; Law amending and supplementing a number of articles of the Law on drug prevention and fight in 2008; Law on prevention of infectious diseases in 2007; Law on Prevention and Control of Human Acquired Immune Deficiency Syndrome in 2006 (replacing the Ordinance on Prevention and Control of Human Acquired Immunodeficiency Syndrome (HIV / AIDS) in 1995 of the National Assembly Standing Committee); Law on health insurance in 2008 (amended by Law No 46/2014 / QH13 In particular, the Law on HIV / AIDS Prevention and Control specifies HIV / AIDS prevention and control measures, care, treatment and support for HIV-infected people and conditions ensuring the implementation of HIV / AIDS prevention and control measures Especially, the Law on HIV / AIDS Prevention and Control is the highest legal document that institutionalizes the views and orientations of the Party and the State on the management of HIV / AIDS prevention and control activities In order to regulate in details and guide the implementation of the Law on HIV / AIDS Prevention and Control, agencies have issued 60 legal documents; However, there are currently 46 valid legal documents issued in the 2007-2016 period, specifically: The Government has issued 04 decrees, the Prime Minister has issued 08 decisions of the Prime Minister, the central inter-agency has issued 14 joint circulars, the ministries have issued 13 19 circulars and 01 directive of the Minister In addition, there are 09 legal documents related to HIV / AIDS prevention and control that were not issued in the above period but are still valid for implementation 3.3 Current situation of implementing legal provisions on the rights of people living with HIV / AIDS in Vietnam today To ensure that the rights of people living with HIV / AIDS are enforced in practice, over the years, Vietnam has established a number of agencies to enforce regulations on ensuring the rights of people living with HIV / AIDS and protection process when a breach of rights occurs The State has disseminated knowledge on human rights and HIV / AIDS to people living with HIV / AIDS, civil servants in the state apparatus and the community This has changed perceptions in a positive direction towards rights holders and rights guarantees in human rights legal relations, in which the right beneficiaries are those living with HIV / AIDS and the main rights guarantee subjects are the agencies of the state apparatus Entities enjoying rights and ensuring rights have acquired and acquired knowledge of HIV / AIDS, HIV / AIDS prevention and control 3.3.1 Right to live in harmony with the community 3.3.2 Right to equality and non-discrimination 3.2.3 Right to marry, have a family and protect their family 3.2.4 Right to privacy 3.2.5 Right to the highest possible standards of psychological and physical health 3.2.6 Right to study, work, have access to employment 3.2.7 Other rights as provided for by law - Right to an adequate standard of living - Right to social security - Right not to be cruel, inhuman, or degrading treatment or punishment 3.4 Assessment of the status of ensuring the rights of people living with HIV / AIDS 3.4.1 Achievements Firstly, awareness of the rights of people living with HIV / AIDS and HIV / AIDS has been raised; HIV / AIDS prevention and control and ensuring the rights of people infected with HIV / AIDS have become a 14 regular and urgent political task of the entire political system in Vietnam today Secondly, the legal system has been increasingly completed, the national HIV / AIDS prevention and control implementation has been strengthened and capacity has been strengthened, and its operations are gradually deepening Thirdly, HIV / AIDS prevention and control have seen many positive changes, contributing to ensuring many economic, cultural and social rights for people living with HIV / AIDS HIV / AIDS prevention and control in Vietnam in recent years has achieved quite a lot of results Fourthly, the policy to ensure economic implementation of the rights of people living with HIV / AIDS has been completed Fifthly, financial, scientific and technological resources have been strengthened to help people affected by HIV / AIDS ensure their right to a suitable standard of living and the right to the benefits of scientific progress 3.4.2 Limitations Firstly, the perception of the subjects in ensuring the rights of people living with HIV / AIDS is still limited Secondly, although the law provides quite fully on the basic rights of people living with HIV / AIDS, until now, there have been regulations that are no longer relevant to reality, for example, the regulation on the right to refuse medical examination and treatment for people living with HIV / AIDS in the last stage of AIDS, because in reality, the medical profession has not yet determined when it will move to the last stage Thirdly, there are still many limitations to legal assurance, making it difficult for people living with HIV / AIDS to access, many regulations are not feasible Fourthly, there are many limitations to the implementation organization Fifthly, the financial resources and projects tend to decrease gradually, making it difficult to improve the capacity of the HIV / AIDS prevention and control system and to realize professional objectives Sixthly, Vietnam has established the National Committee for AIDS, drug and prostitution prevention and control The National Committee is an interdisciplinary organization assisting the Prime Minister in directing and 15 coordinating the AIDS prevention and control and drug and prostitution prevention and control etc Seventhly, some other limitations: The epidemic tends to gradually shift from high-risk to at-risk objects (pregnant women, children, homosexual people); The management of people living with HIV still faces difficulties, due to the patient's anonymity and incorrect address, in a total of 20% of patients are not managed, in many cases, people change their address, use fake names, fake addresses, so it is difficult to access; Lack of peer support network and support, and participation of people living with HIV / AIDS in AIDS prevention and control is still very limited 3.4.3 The cause of the limitations Due to lack of understanding about HIV and AIDS of each individual and community In Vietnamese society, drug use and prostitution are considered social evils, and people involved in these two evils are often severely condemned Since its inception until recently, HIV / AIDS is still concentrated mainly in the group of injecting drug users and prostitutes who have sex with men, so these groups are stigmatized even more In addition, many communication messages on HIV / AIDS prevention and control in recent years have often associated HIV / AIDS with drugs and prostitution, so HIV is considered a social evil in people's perception, HIV-infected people are all elements of social evils Due to ethical concepts and the inadequacy of the law, people living with HIV / AIDS are stigmatized and discriminated against People with HIV / AIDS are a vulnerable group They face many difficulties and obstacles in enjoying rights - HIV communication has not brought into full play, even causing adverse effects - Although the State budget for HIV / AIDS prevention and control has been invested and paid more attention, it is still limited compared to the mission requirements - The review of practical experiences of HIV / AIDS prevention and control in different stages has not been focused, has not kept up with the development of practice 16 Chapter VIEWS AND SOLUTIONS TO ENSURE THE RIGHTS OF PEOPLE LIVING WITH HIV/ AIDS UNDER VIETNAMESE LAW 4.1 Views on ensuring the rights of people living with HIV / AIDS in Vietnam in the coming time 4.1.1 Ensuring the rights of people living with HIV / AIDS must be consistent with international standards, with the Party's line and guidelines, and State legal policies on human rights and citizenship 4.1.2 Ensuring the rights of people living with HIV / AIDS attached to the public health system 4.1.3 Ensuring the rights of people living with HIV/AIDS must combine many modes at the same time 4.2 Solutions to ensure the rights of people living with HIV/AIDS in Vietnam in the coming time 4.2.1 Raising awareness of people and people living with HIV / AIDS about the rights of people living with HIV / AIDS In order to contribute to the prevention and elimination of stigma and discrimination against people living with HIV / AIDS and to ensure the rights of people living with HIV / AIDS, first of all, it is necessary to carry out activities to raise awareness of people living with HIV / AIDS about the rights of people living with HIV / AIDS 4.2.2 Completing the legal provisions on ensuring the rights of people living with HIV / AIDS in Vietnam today Firstly, the authorities need to review to promptly amend and supplement the provisions of the law that are no longer suitable with the practice and research, elaborate and promulgate new legal documents on ensuring the rights of people living with HIV / AIDS to comply with the provisions of the 2013 Constitution on human rights and citizen rights Second, promptly amending and supplementing provisions that are inconsistent with the content of the Constitution and other laws recently promulgated The Law on Prevention and Control of Viral Infection causing Immune Deficiency Syndrome in humans was passed by the National Assembly in 2006 After nearly 14 years of implementation, the Law has issued more than 50 documents detailing and guiding the implementation, 17 create conditions for synchronous and effective implementation and relatively uniform application in practice, meeting the requirements of HIV / AIDS prevention and control In general, there has been an inconsistency between the legal system on HIV / AIDS prevention and control and the legal system on administrative handling and drug prevention; regulations on information confidentiality related to HIV-infected people not ensure consistency with the provisions on patient's rights in the Law on Examination and Treatment, thus affecting the right to access services of HIV-infected people; some provisions of the law on HIV / AIDS prevention and control are not feasible; The content of harm reduction interventions in HIV prevention has changed, but there is no legal mechanism to organize the implementation etc Therefore, it is necessary to study to overcome the above shortcomings and shortcomings by inheriting and selecting the current regulations that are promoting practical efficiency, in accordance with socio-economic conditions, to complete the legal corridor for HIV / AIDS prevention and control activities is very necessary The draft Law amending and supplementing a number of articles of the Law on HIV / AIDS Prevention and Control has been included in the 2020 Law and Ordinance formulation program, it is expected to be submitted to the 14th National Assembly for comments at the 10th session In the Law amending and supplementing a number of articles of the Law on HIV / AIDS Prevention and Control, it is necessary to specify the missing contents and amend the inappropriate contents Thirdly, building a Law on prevention and control of the harmful effects of prostitution Currently, the request to develop a Law on the Prevention and Control of the Harm of Prostitution is very necessary, serving as a basis for the implementation of measures and solutions to prevent and combat the harm of prostitution in accordance with reality Accordingly, in order to control and limit the harmful effects of prostitution in the direction of requesting the State to consider licensing and setting up a "Red Light Street" as other countries have, in our country, there are suggestions for a trial in Ho Chi Minh City 18 The Law on Prostitution Prevention and Control contributes to the implementation with the aim of limiting the transmission of HIV / AIDS, and prostitutes can practice sex work publicly on specific regulations to reduce the spread of HIV / AIDS Fourthly, building the Law against stigma and discrimination against vulnerable groups According to the International Guidelines on HIV / AIDS and Human Rights, countries need to enact or strengthen anti-discrimination laws and other laws to protect vulnerable social groups, people living with HIV / AIDS and people harmed by discrimination This is one of the measures that should be taken to ensure the rights of people living with HIV / AIDS In Vietnam, there is no this Law, regulations on anti-stigma and discrimination are scattered in the Constitution and other laws Therefore, it is necessary to promulgate this Law to directly regulate acts of stigma and discrimination against vulnerable people, including people living with HIV / AIDS Fifth, continue to improve the policy to help children affected by HIV In recent years, Vietnam has participated in the ratification of international treaties and has issued and implemented legal documents, policies, and programs with appropriate strategic directions, objectives and solutions in terms of protection and care for children in general and children affected by HIV / AIDS in particular Many efforts have been made in committing to implementing international treaties that aim to ensure that every child enjoys the full enjoyment of children's rights groups The National Assembly enacted the Law on Children 2016 to replace the 1991 Law on Child Protection, Care and Education, which stipulates the rights of children; principles, policies and measures to ensure the realization of children's rights; responsibility of the State, family and society in ensuring children's rights Article 10 of the Law stipulates that the Government details groups of children with special circumstances and appropriate support policies for each group of children with special circumstances, including children infected with HIV Separate policies for children living with HIV and children at high risk of HIV infection are also provided in the Law on HIV / AIDS Prevention and Control These are 19 important legal bases to guide policies and action programs related to the protection, care and education of children in general and children affected by HIV / AIDS in particular However, the care and protection of children affected by HIV / AIDS still has many shortcomings In reality, children affected by HIV still have difficulty accessing services, and there is still stigma and discrimination against them This issue has a great influence on the implementation of children's rights groups, especially the children's right to education Access to health insurance for HIV infected people in general and for children is very low Many children living in families whose parents or relatives are infected with HIV / AIDS have not been tested for HIV periodically due to economic difficulties, lack of means of transportation or lack of awareness of the need to conduct tests to prevent and detect HIV infection early Meanwhile, the poor household assessment mechanism in the community together with the fear of stigma is a barrier that many children are affected by HIV / AIDS and families have limited capacity to participate, contribute ideas and protect their legitimate rights In the upcoming time, the authority should continue to promote communication activities in order to contribute to raising awareness and changing behavioral regimes of children and adolescents in schools and communities, thereby , helping children to automatically avoid HIV / AIDS infection for individuals and communities, reducing stigma against children and people infected and affected by HIV / AIDS Sixthly, the study stipulates the sanctions for administrative violations against the rights of people with HIV / AIDS Studying, formulating and completing regulations on sanctioning of administrative violations in the field of HIV / AIDS prevention and control, in which, it is necessary to increase sanctions in accordance with acts that infringe the rights of people with HIV / AIDS Regulations on the level of warning or fines for the following acts: requesting an HIV test or requesting to present HIV test results to a pupil, student or applicant; refusing to bury or cremate the dead person due to HIV / AIDS; to request an HIV test or present HIV test results to the recruiting employee; refusing to recruit jobs due to HIV infection of the job candidate, except for some occupations that 20 require an HIV test before being recruited according to the Government's regulations; refusing to admit students or trainees because they are HIV infected; parents abandoning HIV-infected minor children; guardians abandon HIV-infected guardians; separating, restricting and prohibiting students, students and trainees from participating in activities and services of the establishment because of their HIV infection; Job placement is incompatible with the health and professional qualifications of the HIVinfected worker Seventhly, to continue implementing well guidelines and policies to ensure the rights of people with HIV / AIDS Our State has had many specific guidelines, mechanisms, policies and priorities to protect, support and create opportunities for HIV-infected people to integrate into the social life and through specific actions to control the rise of the HIV / AIDS epidemic; ensure that people with HIV live a normal life, treat themselves for diseases, and at the same time protect the community from the risk of infection Vietnam has issued the National Strategy on HIV / AIDS Prevention and Control to 2020 with a vision to 2030, continuing to set goals and develop comprehensive, long-term HIV / AIDS prevention and control programs and solutions and ensure that this work is highly effective and sustainable, contributing to national construction and development Research is needed to develop a methodology to fully implement international obligations and commitments in HIV / AIDS prevention and control; strengthen international cooperation towards multilateralization and diversification of relationships with UN organizations to take advantage of financial, technical and managerial support for HIV prevention and control /AIDS; to closely coordinate with land-border countries in sharing information and jointly implementing cross-border HIV / AIDS prevention and control activities Continue to well implement legal assistance activities, medical health counseling, treatment combined with health insurance support for people living with HIV / AIDS 4.2.3 Strengthen inspection and supervision of the implementation of laws on ensuring the rights of people living with HIV / AIDS The inspection and monitoring of the implementation of the law on 21 HIV / AIDS prevention and control have also been carried out under the leadership of the Department of HIV / AIDS Prevention and Control and the Legal Department of the Ministry of Health according to the functions and tasks assigned in Decree No 69/2011 / ND-CP (has been replaced by Decree No 176/2013 / ND-CP) However, due to the fact that the Medical Inspector is still thin, detecting and handling violations still faces many difficulties, unable to collect specific data on violations to ensure the rights of people with HIV / AIDS According to the 9-year report on the implementation of the Law on HIV / AIDS Prevention and Control, as of June 2016, there have been no thematic inspections on information, education, communication and community mobilization on HIV / AIDS prevention and control AIDS In addition, attention should be paid to improve the quality of legal aid services, HIV / AIDS support, care, treatment and prevention: To research and provide free and favorable legal services to help people affected by HIV / AIDS know about their rights and to strengthen them Diversifying forms of organization of community legal aid centers; compile, propagate and disseminate documents on the rights of people with HIV / AIDS 4.2.4 Increasing investment in funding and conditions to ensure medical examination and treatment and treatment for people living with HIV / AIDS Study and propose to allocate funds from the State budget to serve the work of ensuring the rights of people with HIV / AIDS, especially the right to medical examination and treatment for people living with HIV / AIDS In compliance with regulations on ensuring health insurance benefits for people living with HIV / AIDS, the Health Insurance Fund ensures full payment for HIV / AIDS treatment services and ARV antiretrovirals for HIV infected people health insurance card, opens up many opportunities for care and treatment for HIV / AIDS patients The Government's goal is that by 2030, Vietnam will put the end to the HIV / AIDS Therefore, when aid sources are no longer available for this treatment, Vietnam still ensures resources to implement the set goals One of the solutions to ensure sustainable financial resources for HIVinfected people to access ARV drugs is from the Health Insurance Fund 22 According to regulations, from January 1, 2019, the Health Insurance Fund will fully pay for HIV / AIDS treatment services and ARV antiretrovirals for HIV-infected people with health insurance cards, opening up great opportunities for people with HIV /AIDS The State should take measures to encourage HIV-infected people to participate in health insurance, create the most favorable conditions for HIV / AIDS-infected people to participate in health insurance, ensure confidentiality of diseases of patients; ensure that information about HIV is not disclosed to the public, only limited to treatment facilities and health insurance agencies; to expand health insurance facilities for HIV infected people; increase training for nurses and doctors at medical centers, hospitals at all levels having the function of providing medical examination and treatment for HIV / AIDS patients In addition, it is necessary to strengthen international cooperation, take advantage of resources to ensure the rights of people living with HIV / AIDS This viewpoint of this solution is not only based on the fact that investment in HIV / AIDS prevention and control in Vietnam is mainly based on funding from foreign organizations such as UNAIDS, WHO, Global Fund for HIV prevention / AIDS, UNDP but also from the perception that HIV / AIDS is a global epidemic without specific drugs to treat but only drugs to inhibit the replication of the virus The use of these inhibitors maintains better health for people living with HIV / AIDS 4.2.5 Building and perfecting human rights agencies The author of this dessertation has proposed to build a national human rights agency: The establishment of a national human rights agency aims to enhance the responsibility of respect, protection and enforcement of the state apparatus because the current state agencies have the function of protecting human rights in general, the rights of people with HIV / AIDS in particular, but they are also rights violators Therefore, it is necessary to establish a national human rights agency, specializing in dealing with human rights issues, including ensuring the rights of people with HIV / AIDS To study and develop a National Committee on the rights of 23 vulnerable groups, this agency is a specialized agency at ministerial level, directly under the management of the Government; build a system under the province, city, district, and district level, responsible for state management to ensure the rights of vulnerable people, including the rights of people living with HIV / AIDS CONCLUSION HIV / AIDS is a century disease that until now there is no cure, it affects the economy, culture and society of all nations and peoples of the world Because, according to the concept of the Vietnamese community, HIV / AIDS is associated with social evils, drugs, and prostitution, so those with HIV / AIDS also face stigma, discrimination, facing many barriers in enjoying rights and violating basic rights such as rights in the fields of education, labor, and employment; the right to marry they have a lower status than ordinary people, they become a vulnerable group, hiding their identity and reluctant to come out That poses the responsibility of actors to respect, protect and promote the rights of people living with HIV / AIDS to be realized in practice Ensuring the rights of people with HIV / AIDS is the responsibility of agencies, organizations and individuals to create political, legal, economic, cultural, social premises and conditions Measures for people living with HIV / AIDS to have the opportunity to fully access and enjoy the rights are basically specific rights that are easily violated The promotion and protection of human rights is an integral element in the prevention and control of the HIV transmission, as well as in reducing the consequences of HIV / AIDS The protection and promotion of human rights is essential to protect the dignity of those affected by HIV / AIDS in addition to ensuring the public health goal of ensuring the health of all especially vulnerable people with HIV / AIDS in the face of threats to physical, emotional and social well-being Human rights in general, rights of people with HIV / AIDS have always been paid special attention by the Party and State of Vietnam The legal system of policies to ensure the rights of people with HIV / AIDS is being gradually improved, creating an important premise and legal basis for people with HIV / AIDS to enjoy their rights 24 Ensuring the rights of people living with HIV / AIDS in Vietnam today can only be well implemented when we implement well and synchronously the following solutions: It is necessary to raise awareness of people and people with HIV / AIDS on the rights of HIV / AIDS-infected people on the basis of promoting communication and education on HIV / AIDS - Complete the legal system to ensure the rights of people with HIV / AIDS, especially develop the Law on Prevention and Control of Discrimination Against Vulnerable Groups, including HIV / AIDS infected people and set up the right institutions - Strengthen the quality of management, care, counseling and treatment for people with HIV - It is necessary to build a full-time human rights agency and a contingent of officials to respond to HIV / AIDS prevention and control - It is necessary to increase the financial resources for HIV / AIDS prevention and control, as well as to socialize this work LIST OF PUBLISHED RESEARCH WORKS RELATED TO THE THESIS Nguyen Thi Khanh Trang 2019 ““Factors impacting on treasureRights of people living with HIV / AIDS in Vietnam today ”, Journal of Human Resources, Social Sciences, Academy of Social Sciences, No 11/2019, pages 38-43 Nguyen Thi Khanh Trang 2020 “Current situation and some solutions ensure the rights of people living with HIV / AIDS according to Vietnamese laws “, Journal of Human Resources Social Sciences, Academy of Social Sciences, no 02 2020 p 23 31 ... rights of people living with HIV / AIDS 3.4.1 Achievements Firstly, awareness of the rights of people living with HIV / AIDS and HIV / AIDS has been raised; HIV / AIDS prevention and control and... WITH HIV/ AIDS UNDER VIETNAMESE LAW 4.1 Views on ensuring the rights of people living with HIV / AIDS in Vietnam in the coming time 4.1.1 Ensuring the rights of people living with HIV / AIDS. .. living with HIV / AIDS in Vietnam today In Vietnam, since the first HIV case was discovered in 1990, the State has promptly developed and directed the implementation of many HIV / AIDS prevention