Malaysia

Regulations on entry, stay, residence, and treatment access for people living with HIV

The categories of restriction are:

  • Restrictions on entry limiting the entry of people living with HIV.
  • Restrictions on short-term stays which in most cases is defined as under 90 days.
  • Restrictions on long-term stays which in most cases is defined as over 90 days.

The types of restriction are:

  • HIV testing/disclosure required for entry.
  • HIV testing/disclosure required for work visa.
  • HIV testing/disclosure required for study visa.
  • HIV testing/disclosure required for residence.
  • Ban on work.
  • Deportation based on HIV status.

Restrictions on entry to Malaysia

We are aware of some official restrictions on entry of people living with HIV to Malaysia.

According to UNAIDS, Malaysia prohibits entry on the basis of HIV status, and non-nationals living with HIV are deported.

According to the Immigration Act 1995/1963, entry will not be granted to those who refuse to perform a required medical exam under section 8(3)(c). According to section 8(3)b, entry to Malaysia can be denied to ‘people with mental diseases as well as to people with infectious diseases whose presence could be harmful to the Malaysian society.’ 

Tourists are not required to perform an HIV test in order to enter Malaysia. However, they are also subject to the Immigration Act mentioned above.

However, US Department of State reports that ​​it is unaware of any HIV/AIDS entry restrictions for visitors to or foreign residents of Malaysia.

Restrictions on short-term stay in Malaysia

We are aware of some official restrictions on short-term stay of people living with HIV in Malaysia.

According to UNAIDS, Malaysia requires HIV testing for work and study visas.

The evisa service from the immigration authority website provides a list of supporting documents that should be included with a visa application. While none of those documents makes explicit reference to HIV or the general health of the applicant, there is also an indication that ‘other related supporting documents’ are needed. 

A medical exam, including an HIV test, is required of all new students who want to study in Malaysia. They must attend a medical screening at a panel clinic within seven days of arrival. A list of clinics is available here. The health examination form specifically asks for disclosure of HIV/AIDS, and states that universities have the right to reject students on this basis.

Migrant workers (unskilled or partially skilled) who want to work in Malaysia must first perform an HIV test with a negative result in their home country. After their arrival in Malaysia, they have to undergo a second test. The work permit will only be granted if the negative result is confirmed.

According to the Immigration Department of Malaysia, non-national workers must undergo a medical examination and be certified fit by the clinic/ medical centre registered. The medical report requires self disclosure of ‘AIDS’ (sic).

Some businesses and universities may require expatriates to undergo HIV testing as well. The Embassy urges those concerned to inquire about particular guidelines in this respect beforehand. The Prevention and Control of Infectious Diseases Act 1988, section 10, requires medical staff to report patients affected by infectious diseases to the authorities. This provision is usually respected. According to the Malaysian AIDS Council, only migrant workers are deported, while other foreigners may stay in the country.

Restrictions on long-term stay in Malaysia

We are aware of some official restrictions on long-term stay of people living with HIV in Malaysia.

According to UNAIDS, Malaysia requires HIV testing for residence permits, and they are denied on the basis of HIV status.

Since 2023, all non-national workers in Malaysia must undergo an annual medical examination.

Treatment access in Malaysia

The following summarises available information on access to healthcare for people living with HIV in Malaysia. However, it is not clear whether non-nationals are able to access this treatment in the same way as nationals.

The Malaysian Government produced a guide to bringing medication into Malaysia, in which it specifies the following:

If the medication is […] for treatment of HIV infections or drug dependency then a letter from the prescribing doctor should be sought.

All medications must be carried in the bottles or packets in which they were dispensed with the name of the patient on the label and must carry a description of the contents.

One month’s supply of personal medications can be brought into Malaysia for the exclusive use of that person. If the visitor is travelling beyond Malaysia to other countries then medication sufficient for the entire journey may be brought into the country.

Non-prescribed items bought over the counter from a pharmacy or chemist must also be carried in the bottles or packets in which they were sold that carry a description of the product. No more than one month’s supply of an item may be brought into Malaysia for the personal use of the visitor. Never carry loose tablets into the country.

The HIV Justice Network's Global HIV Criminalisation Database

There is no known HIV criminalisation in Malaysia. We are not aware of any HIV-specific criminal laws in force, and there have been no reported prosecutions for alleged HIV ‘exposure’, non-disclosure, and/or transmission under general criminal laws.

UNAIDS Global AIDS monitoring data

This information about access to HIV services comes from UNAIDS https://lawsandpolicies.unaids.org/, a platform to view data on HIV-related laws and policies. This is information provided by national authorities and civil society and may contradict other sources.

Migrant populations

Laws/policies enable documented migrants to access HIV services under the same conditions as citizens N/A
Laws/policies enable documented migrants to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) N/A
Laws/policies enable undocumented migrants to access HIV services under the same conditions as citizens N/A
Laws/policies enable undocumented migrants to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) N/A
Migrants are able to access HIV services Yes

Refugees and asylum seekers

Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens N/A
Laws/policies enable asylum seekers to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) N/A
Laws/policies enable refugees to access HIV services under the same conditions as citizens N/A
Laws/policies enable refugees to access HIV services under the same conditions as citizens implemented (countries with such laws/policies) N/A

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This site focuses on information about HIV travel. Please also consult your own Foreign Office/Ministry of Foreign Affairs website, or the local consulate of the country you are visiting, to see what restrictions there are specifically for you as a citizen of your country, regardless of your HIV status.