Vietnam: Process and declaration to recognize and settle the regime of invalids/people entitled to the regime as invalids in 2022 (Form 08)?
Process of recognizing war invalids and policy beneficiaries as war invalids according to Vietnamese regulations?
Pursuant to Article 18 of Circular 55/2022/TT-BQP guiding the process of recognizing war invalids and beneficiaries of policies as war invalids:
Agencies and units directly managing regiment level and equivalent or higher
- Agencies, units of regimental level and equivalent or higher where the wounded are being managed:
+ Within 5 days from the date of receipt of all the papers specified in Clause 1, Article 78 of the Decree, to inspect and publicly post the list of injured people at the agency or unit (minimum time required). 15 days); make minutes of public listing results; certify the personal declaration according to Form No. 08, Appendix I of the Decree.
+ Within 10 days after the results are publicly posted, a meeting of the Council to certify the meritorious persons must be held (the Council for the recognition of meritorious persons shall be chaired by the head of the unit, representatives of the agencies: Policy, Officers, Military Force, Military Medicine) to consider in case there is no complaint or denunciation and make a record according to Form No. 79, Appendix I of the Decree; send the minutes of the meeting of the Council to certify the meritorious persons, the minutes of public posting together with the above-mentioned papers to the division and equivalent or higher for examination and approval.
+ In case the injured person is injured in another unit, within 05 days, a written request enclosed with photocopies of the papers specified in Clause 1, Article 78 of the Decree shall be requested to the middle-level agency or unit. unions and equivalent or higher where the injured person is managed when injured.
Within 05 days from the date of receipt of all documents as prescribed by the injured person management unit, it is responsible for checking and sending documents together with the prescribed documents to the division and equivalent for inspection and approval.
- Regiment-level and equivalent agencies and units where the injured person is managed, upon receiving the prescribed documents, shall have to carry out the processes and procedures specified at Point a of this Clause; send the minutes of the meeting of the Council to certify the meritorious persons, the minutes of public posting to the agency or unit of the regiment level and equivalent or higher where the injured person is managed.
Vietnam: Process and declaration to recognize and settle the regime of invalids/people entitled to the regime as invalids in 2022 (Form 08)?
Division level and equivalent or higher
- Within 17 days from the date of receipt of all documents as prescribed, they are responsible for checking and approving them; certificate of injury; send a written request together with the application file to the immediate superior for inspection and approval according to decentralization (agencies and units under the Ministry within 03 days), and send it to the Department of Policy.
- If the documents specified at Point a, Clause 2, Article 76 of the Decree do not record specific injuries, or the case specified at Point b, Clause 2, Article 76 of the Decree, but other injuries are declared, direct Physical Injury Inspection Council (The Physical Wound Examination Council is chaired by the Head of the Logistics Department, the members include representatives of the following agencies: Policy, Officer, Security Protection, Military Force, Military Medical Center and Infirmary) examine and make a record of physical injury examination according to Form No. 46, Appendix I of the Decree, before issuing an injury certificate.
Policy Department
Within 10 days from the date of receipt of complete dossiers as prescribed, shall be responsible for appraising and issuing appraisal slips; transfer the file to the Political Bureau of the military zone (subject to the competence to introduce medical assessment according to regulations) or issue a referral (remaining subject according to regulations) for eligible cases, enclosed with a copy of the certificate copy the file to the competent Medical Assessment Council to determine the rate of bodily injury due to injury.
Military Region Political Bureau
- Within 07 days from the date of receipt of the dossier and notification of appraisal results from the Policy Department, it is responsible for issuing a recommendation letter for eligible cases, enclosed with a copy of the dossier to the Board of Supervisors competent medical authority to determine the rate of bodily harm due to an injury.
- Medical assessment councils at all levels, within 45 days from the date of receipt of all required documents, are responsible for organizing injury assessment and complying with the provisions of Clause 4, Article 7 of this Circular.
- Commander or political commissar of the military zone (subject to the military zone's management); The Director of the Policy Department (subjects of the remaining agencies and units) within 08 days from the date of receipt of the medical assessment record, is responsible for issuing the decision to issue the certificate of war invalids and medical assistance. preferential allowances and allowances; at the same time, issue a certificate of invalids in case of having an injury rate of 21% or more or issue a decision on one-time injury allowance for cases with an injury rate of 5% to 20%; transfer the dossier together with the decision to the requesting agency or unit for management and implementation of the incentive regime.
Declaration to recognize and settle the regime of invalids/beneficiaries of the regime as invalids in 2022 of Vietnam?
Pursuant to Appendix I promulgated together with Decree 131/2021/ND-CP stipulating the form of request for recognition and settlement of the regime of war invalids and beneficiaries of the regime as war invalids (form 08):
Download the full application form for recognition and settlement of the regime of war invalids and beneficiaries of the regime as war invalids: Click here.
Principles of determining the rate of body damage in Vietnam?
Pursuant to Article 2 of the Joint Circular 28/2013/TTLT-BYT-BLDTBXH stipulating the principles of determining the rate of bodily injury as follows:
“Article 2. Principle for the calculation of IR
1. The whole person impairment (WPI) of a person shall not exceed 100%.
2. Each impairment can only be counted once.
Example: Mr. Nguyen Van A suffered from complete damage to the ulnar nerve which leads to muscle atrophy in his right hand, the WPI of Mr. Nguyen Van A is only calculated according to the rating of impairment caused by the ulnar nerve damage (31-35%). In this case, muscle atrophy in his right hand should not be taken into account since it is the result of the above-mentioned ulnar nerve damage.
3. If multiple impairments are symptoms of a syndrome or a disease listed in any of the Tables mentioned in Article 1 of this Circular, the IR shall be determined according to the syndrome or the disease.
Example: Mr. Nguyen Van B was diagnosed with unstable schizophrenia whose side effects consist of hallucinogen and muscular dystrophy. The WPI is calculated according to the IR caused by unstable schizophrenia (51-55%); it is not permitted to determine the WPI by combining the IR of hallucinogens or muscular dystrophy.
4. If a person is found to have one (1) impairment, the WPI shall equal the upper limit of that IR.
Example: Mr. Nguyen Van C lost 1/3 of his right arm, as stipulated in Table 1, Article 1 of this Circular, the IR is 61-65% so his WPI will be 65%.
5. When calculate the WPI, only the upper limit of the IR shall be taken into account, from the second IR one onwards, only the lower limit of the second IR shall be considered, in descending order.
6. IR is an integer. When calculating the IR, only use one digit after decimal point. If the decimal digit is 5 or higher, round the number to one unit.”
Circular 55/2022/TT-BQP comes into force from September 15, 2022.
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