Vietnam: What are the required documents and procedures for issuance of a Certificate of disability?
What does the application for issuance of a Certificate of disability in Vietnam include?
Under Article 4 of Circular 01/2019/TT-BLDTBXH and subsection 1.3 Section 1 Part II of the Appendix promulgated together with Decision 208/QD-LDTBXH 2024, the application for issuance of a Certificate of disability in Vietnam includes:
- Application form No. 01 issued together with Circular 01/2019/TT-BLDTBXH (amended and supplemented in Clause 5 Article 2 of Circular 08/2023/TT-BLDTBXH).
- Copies of documents related to disability (if any) such as medical records, documents on examination, treatment, surgery, or other relevant documents.
- A copy of the conclusion of the Medical Assessment Council on the sell-serving ability and the degree of working capacity loss in case the Medical Assessment Council has already made a conclusion before June 1, 2012.
Persons wishing to hold a Certificate of Disability shall prepare 01 application including the above documents and submit it directly or online or by public post to the Chairman of the People's Committee of the commune where they reside for consideration and issuance of the Certificate of Disability.
What are the procedures for issuance of a Certificate of disability in Vietnam?
Under Subsection 1.1 Section 1 Part II of the Appendix promulgated together with Decision 208/QD-LDTBXH 2024, the procedures for issuance of a Certificate of disability in Vietnam are carried out by the following steps:
Step 1: When wishing to determine of the degree of disability, persons with disabilities or their legal representatives shall submit applications to the Chairman of the People's Committee of the commune where they reside.
Step 2: Within 20 working days after receiving the application, the Chairman of the commune-level People's Committee shall:
- Send written request for seeking opinions to education and training institutions on difficulties in learning, living, communication and recommendations on the type of disability and degree of disability of the person whose degree of disability is determined to be attending school according to Form No. 04 specified in Circular 01/2019/TT-BLDTBXH.
- Convene members, send notice of the time and place of determination of the degree of disability to persons with disabilities or their legal representatives.
- Organize the assessment of the type of disability and the degree of disability for persons with disabilities according to the methods specified in Article 3 and according to forms No. 02 or Form No. 03 of Circular 01/2019/TT-BLDTBXH (amended and supplemented in Clause 5 Article 2 of Circular 08/2023/TT-BLDTBXH).
The determination of the degree of disability shall be carried out at the commune-level People's Committee or health station.
In case persons with disabilities cannot come to the places specified above, the Council shall observe and interview the persons with disabilities at their place of residence.
Step 3: Make dossiers and minutes of conclusion on the type of disability and degree of disability of the assessed persons with disabilities according to Form No. 05 issued together with Circular 01/2019/TT-BLDTBXH (amended and supplemented in Clause 5 Article 2 of Circular 08/2023/TT-BLDTBXH).
- In case the Medical Assessment Council has already made a conclusion on the sell-serving ability and the degree of working capacity loss before June 1, 2012, the degree of disability shall be determined based on the conclusion of the Medical Assessment Council to determine the degree of disability as prescribed in Clause 3 Article 4 of Decree 28/2012/ND-CP of the Government of Vietnam as follows:
+ That person is considered suffering from particularly serious disabilities when the Medical Assessment Council concludes that they are no longer capable of self-serving or at least 81% of their work capability has been lost.
+ That person is considered suffering from serious disabilities when the Medical Assessment Council concludes that they are capable of self-serving if they are partly assisted by other persons or equipment or 61% and 80% of their work capability has been lost;
+ That person is considered suffering from mild disabilities when the Medical Assessment Council concludes that they are capable of self-serving or less than 61% of their work capability has been lost.
- For cases specified in Clause 2, Article 15 of the Law on Persons with Disabilities 2010, the Council shall issue referrals and make a list to transfer to the Medical Assessment Council (through the Department of Labor, War Invalids and Social Affairs).
The cases specified in Clause 2, Article 15 of the Law on Persons with Disabilities 2010 include: the Disability Degree Determination Council is unable to make conclusions on the degree of disability; the person with disabilities or his/her lawful representative disagrees with the conclusion on the degree of disability made by the Disability Degree Determination Council; there is well-grounded evidence on the biased and inaccurate determination of the degree of disability by the Disability Degree Determination Council.
Step 4: Within 05 working days from the date of issuance of the Council's written conclusion on the type of disability and degree of disability, the Chairman of the Commune-level People's Committee shall publicly announce the Council's conclusion at the commune-level People's Committee office and issue a Certificate of Disability according to Form No. 06 issued together with Circular 01/2019/TT-BLDTBXH (amended, supplemented in Clause 5 Article 2 of Circular 08/2023/TT-BLDTBXH).
In case of complaints, denunciations or disagreement with the conclusions of the Council, within 05 working days, the Council shall verify, investigate and make specific conclusions and reply in writing to the complainant or denunciator.
For cases determined and concluded on the type of disability and degree of disability by the Medical Assessment Council, within 05 working days after receiving the conclusion of the Medical Assessment Council, the Chairman of the commune-level People's Committee shall issue a Certificate of Disability according to Form No. 06 issued together with Circular 01/2019/TT-BLDTBXH (amended, supplemented in Clause 5 Article 2 of Circular 08/2023/TT-BLDTBXH).
What are the regulations on the responsibility to determine degrees of disability in Vietnam?
Under Article 15 of the Law on Persons with Disabilities 2010, the responsibility to determine degrees of disability in Vietnam is stipulated as follows:
- Degrees of disability shall be determined by the Disability Degree Determination Council.
- Degrees of disability shall be determined by the Medical Assessment Council in the following cases:
+ The Disability Degree Determination Council is unable to make conclusions on the degree of disability;
+ The person with disabilities or his/her lawful representative disagrees with the conclusion on degree of disability made by the Disability Degree Determination Council.
+ There is well-grounded evidence on the biased and inaccurate determination of the degree of disability by the Disability Degree Determination Council.
- If the Medical Assessment Council has already made a conclusion on the sell-serving ability and the degree of working capacity loss. the degree of disability shall be determined under the Government's regulations.
LawNet