What are the conditions for re-assessment of the bodily injury rate of invalids in Vietnam?
- What are the conditions for re-assessment of the bodily injury rate of invalids in Vietnam?
- What are the regulations on the application and procedures for re-assessment of the bodily injury rate in case of relapse wounds in Vietnam?
- What are the regulations on the application and procedures for re-assessment of the bodily injury rate for missed wounds in Vietnam?
What are the conditions for re-assessment of the bodily injury rate of invalids in Vietnam?
Pursuant to Article 40 of Decree 131/2021/ND-CP, the invalids shall be reassessed in the following cases:
- A traumatic brain wound with a skull defect or a piece of metal in the skull causes complications leading to psychosis or paralysis.
- Pectoral wounds cause complications of pleural thickening or collapsed lungs resulting in lung or lobe resection.
- Wounds to the heart that require surgery.
- Abdominal wounds: The stomach or intestines cause complications in the stomach or intestines or intestinal obstruction that requires surgery to deal with complications.
- Wounds in the liver; bile, spleen; pancreas or kidney or bladder must surgically address complications.
- Wounds in the spine cause complications of paralysis or circular muscle disorders of incontinence.
- Recurrent hand or leg wounds requiring amputation.
- Recurrent eye wounds lead to complete blindness; The wound in the ear causes a complete loss of hearing power in both ears.
In addition, in case the wounded person has been assessed and concluded the temporary bodily injury rate, after 03 years, they shall be assessed to conclude the permanent bodily injury rate.
The wounded person have been assessed, but there were injuries or metal fragments left.
The person who has been wounded many times, has a certificate of wounds of each time and has not been fully assessed, shall be additionally assessed.
What are the regulations on the application and procedures for re-assessment of the bodily injury rate in case of relapse wounds in Vietnam?
According to the provisions of Article 41 of Decree 131/2021/ND-CP as follows
In case of working in the army units or police authorities:
- Individuals who make an application according to Form No. 33 of Appendix I issued together with Decree 131/2021/ND-CP to the competent authority issuing the certificate of wounds with a summary of the medical record of treatment of relapse wounds of a district hospital or medical center or equivalent or higher (including military hospitals, police), if they have had surgery, they must have additional surgical vouchers.
- The Ministry of National Defense and the Ministry of Public Security shall guide the process of re-assessment, adjustment of allowances, allowances and issuance of certificates of invalids and policy beneficiaries as prescribed by invalids. The time for consideration and settlement shall not exceed 115 days from the date of receipt of the application.
In case of failing to work the army units or police authorities:
- Individuals who make an application according to Form No. 33 of Appendix I issued together with Decree 131/2021/ND-CP with the documents specified at Point a, Clause 1 of this Article to the Department of Labor, War Invalids and Social Affairs of the place of permanent residence.
- The Department of Labor, War Invalids and Social Affairs shall, within 12 days from the date of receipt of all the above-mentioned documents, be responsible for comparing the applications kept at the department, if eligible, sending papers, extracts of applications of invalids, copies of certificates of wounds, copies of minutes of previous assessment with written requests to the Ministry of Labor, War Invalids and Social Affairs for appraisal.
- The Ministry of Labor, War Invalids and Social Affairs shall, within 20 days from the date of receipt of a complete application as prescribed, appraise and notify the results and send the application to the Department of Labor, War Invalids and Social Affairs.
- The Department of Labor, War Invalids and Social Affairs shall, within 12 days from the date of receipt of the appraisal results of the Ministry of Labor, War Invalids and Social Affairs, issue a recommendation letter according to Form No. 38 of Appendix I promulgated together with Decree 131/2021/ND-CP for eligible cases sent to the competent medical assessment council as prescribed in Article 161 of this Decree includes a copy of the appraised application.
- The medical assessment council shall, within 60 days from the date of receipt of sufficient documents, organize the assessment and issue the minutes of medical assessment according to Form No. 78 of Appendix I issued together with Decree 131/2021/ND-CP to the Department of Labor, War Invalids and Social Affairs. In case the minutes have not been issued, there must be a written notice clearly stating the reasons.
- The Department of Labor, War Invalids and Social Affairs shall, within 12 days from the date of receipt of the minutes of medical assessment, issue a decision on the adjustment of benefits and preferential allowances according to Form No. 60 of Appendix I promulgated together with Decree 131/2021/ND-CP.
What are the regulations on the application and procedures for re-assessment of the bodily injury rate for missed wounds in Vietnam?
According to the provisions of Article 42 of Decree 131/2021/ND-CP as follows:
(1) In case of working the army units or police authorities:
- The individual makes an application according to Form No. 33 of Appendix I issued together with Decree 131/2021/ND-CP to the competent authority issuing the certificate of wounds. In case the wounded person has a piece of metal left, it must be accompanied by the results of scans, screenings and diagnosis of district hospitals or district health centers or equivalent or higher (including military and police hospitals); In case of surgery to remove a foreign object, it must be accompanied by a surgery note or a summary of the medical record recording this content.
- The Ministry of National Defense and the Ministry of Public Security shall guide the process of re-assessment, adjustment of allowances, benefits and issuance of certificates of wounds and policy beneficiaries as prescribed by invalids. The time for consideration and settlement shall not exceed 75 days from the date of receipt of the application.
(2) In case of failing to work the army units or police authorities:
- An individual makes an application according to Form No. 33 of Appendix I issued together with Decree 131/2021/ND-CP to the Department of Labor, War Invalids and Social Affairs of the place of permanent residence accompanied by one of the documents specified at Point a, Clause 1 of this Article.
- The Department of Labor, War Invalids and Social Affairs shall, within 12 days from the date of receipt of all the above-mentioned documents, be responsible for comparing applications and issuing the recommendation letter according to Form No. 38 of Appendix I promulgated together with Decree 131/2021/ND-CP for eligible cases to be sent to the competent medical assessment council with extracts of the application of invalids.
In case a person has been wounded many times that has not been fully assessed without a certificate of injury stored at the Department of Labor, War Invalids and Social Affairs, the individual is required to add the certificate of wounds of that wound.
In case the wounded person does not have an application kept at the Department of Labor, War Invalids and Social Affairs, the individual is required to add the certificate of wounds and minutes of previous assessment.
- The medical assessment council shall, within 60 days from the date of receipt of sufficient documents, organize the assessment and issue the minutes of medical assessment according to Form No. 78 of Appendix I promulgated together with Decree 131/2021/ND-CP to the Department of Labor, War Invalids and Social Affairs. In case the minutes have not been issued, there must be a written notice clearly stating the reasons.
- The Department of Labor, War Invalids and Social Affairs shall, within 12 days from the date of receipt of the minutes of medical assessment, issue a decision on adjustment of benefits and preferential allowances according to Form No. 60 of Appendix I promulgated together with Decree 131/2021/ND-CP or a decision on the issuance of certificates of policy beneficiaries such as invalids and benefits, preferential allowances for cases where wounds are missed, metal fragments are left or there is the temporary bodily injury rate after re-assessment for 21% or more. At the same time, certificates of invalids and policy beneficiaries as invalids shall be issued.
LawNet
