Can persons with disabilities apply for official positions? Do persons with disabilities receive bonus points when participating in exam for official positions?
Can persons with disabilities apply for official positions in Vietnam?
According to Article 4 of the Law on Persons with Disabilities 2010, the regulations are as follows:
Rights and Obligations of Persons with Disabilities
1. Persons with disabilities are guaranteed to enjoy the following rights:
a) Participate equally in social activities;
b) Live independently and integrate into the community;
c) Be exempted or reduced from certain contributions to social activities;
d) Receive healthcare, functional rehabilitation, education, vocational training, employment opportunities, legal assistance, access to public facilities, transportation, information technology, cultural, sports, tourism services, and other services suitable to the type and level of disability;
dd) Other rights as prescribed by law.
2. Persons with disabilities shall fulfill the obligations of citizens as prescribed by law.
According to Article 36 of the Law on Officials 2008, the regulations are as follows:
Conditions for Applying for Official Positions
1. Persons who meet the following conditions, regardless of ethnicity, gender, social background, belief, or religion, can apply for official positions:
a) Have only one nationality, which is Vietnamese nationality;
b) Be at least 18 years old;
c) Have an application for the position; have a clear background history;
d) Have appropriate degrees and certificates;
dd) Have good political and ethical qualities;
e) Be healthy enough to perform duties;
g) Meet other conditions required by the position applied for.
2. The following individuals cannot apply for official positions:
a) Not residing in Vietnam;
b) Lost or restricted legal capacity;
c) Currently being prosecuted for criminal liability; undergoing or having completed the execution of criminal judgments or decisions by the court that has not yet been expunged; currently subject to administrative measures of compulsory drug rehabilitation or education in mandatory institutions.
Thus, based on the aforementioned regulations, persons with disabilities can equally participate in social activities and apply for official positions if they meet the necessary conditions.
Can persons with disabilities apply for official positions? Do persons with disabilities receive bonus points when participating in exam for official positions? (Image from the internet)
Shall persons with disabilities receive bonus points when participating in exam for official positions in Vietnam?
According to Clause 1, Article 5 of Decree 138/2020/ND-CP, the regulations on individuals receiving bonus points for priority in official recruitment are as follows:
Priority in Official Recruitment
1. Subjects and points for priority in recruitment examinations or screenings:
a) Heroes of the Armed Forces, Labor Heroes, war invalids, persons entitled to policies as for war invalids, type B war invalids: 7.5 points added to the round 2 results;
b) Ethnic minorities, military officers, police officers, professional soldiers discharged, persons working in the cipher sector transferred to other roles, graduates from reserve officer training, graduates from the chief military officer training programs at the commune level with military rankings registered as reserve officers, children of martyrs, children of war invalids, children of sick soldiers, children of persons entitled to policies as for war invalids, children of type B war invalids, biological children of persons involved in resistance activities exposed to toxic chemicals, children of Heroes of the Armed Forces, children of Labor Heroes: 5 points added to the round 2 results;
c) Persons who have completed military service, participated in People’s Police service, or members of the youth volunteer force: 2.5 points added to the round 2 results.
2. If the candidate belongs to multiple categories of priority specified in Clause 1 of this Article, only the highest priority points will be added to the round 2 results.
Thus, based on the aforementioned regulations, persons with disabilities are not eligible for bonus points in official recruitment. Therefore, persons with disabilities do not receive bonus points when participating in exam for or applying for official positions.
Vietnam: How many levels of disability are there according to regulations?
According to Article 3 of Decree 28/2012/ND-CP, the regulations are as follows:
Levels of Disability
1. Persons with particularly severe disabilities are those who, due to their disabilities, have completely lost their functions, cannot control or independently carry out activities such as movement, dressing, personal hygiene, and other activities necessary for daily living, requiring complete supervision, assistance, and care.
2. Persons with severe disabilities are those who, due to their disabilities, have partially lost or diminished functions, cannot control or independently carry out some activities such as movement, dressing, personal hygiene, and other activities necessary for daily living, requiring supervision, assistance, and care.
3. Persons with mild disabilities are those not falling under the cases specified in Clauses 1 and 2 of this Article.
Thus, based on the aforementioned regulations, there are three levels of disability:
- Persons with particularly severe disabilities who completely lose their functions and need complete supervision, assistance, and care for daily activities.
- Persons with severe disabilities who lose part of their functions and need supervision, assistance, and care for some daily activities.
- Persons with mild disabilities who do not fall into the above two categories.
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