What are the regulations on the degrees of disability in Vietnam? What are the procedures for determination of degrees of disability in Vietnam?
How many forms and degrees of disability are there?
Pursuant to Article 3 of the 2010 Law on Persons with Disabilities in Vietnam stipulating as follows:
Forms and degrees of disability
1. Forms of disability include:
a/ Physical disability;
b/ Sensory disability;
c/ Visual disability;
d/ Mental and psychiatric disability;
e/ Intellectual disability;
f/ Other disabilities.
2. Persons with disabilities are classified by degree of disability as follows:
a/ Persons with exceptionally serious disabilities are those whose disabilities render them unable to perform by themselves their personal daily-life activities;
b/ Persons with serious disabilities are those whose disabilities render them unable to perform some of their personal daily-life activities;
c/ Persons with mild disabilities are those who do not fall into the cases defined at Points a and b of this Clause.
3. The Government shall detail the forms and degrees of disability defined in this Article.
Thus, forms of disability include:
- Physical disability;
- Sensory disability;
- Visual disability;
- Mental and psychiatric disability;
- Intellectual disability;
- Other disabilities.
Degrees of disability include:
- Persons with exceptionally serious disabilities
- Persons with serious disabilities
- Persons with mild disabilities
What are the regulations on the degrees of disability in Vietnam? What are the procedures for determination of degrees of disability in Vietnam?
What are the regulations on the degrees of disability in Vietnam?
Pursuant to Article 3 of Decree No. 28/2012/ND-CP stipulating as follows:
Degrees of disability
1. People suffering from exceptionally serious disabilities are those whose disabilities lead to total loss of their functions, self-control or make them unable to move, to dress, to keep personal hygiene and to complete other everyday tasks without other people to watch, to help and to take care of.
2. People suffering from serious disabilities are those whose disabilities lead to partial loss or deficiency of their functions, self-control or make them unable to move, to dress, to keep personal hygiene and to complete other everyday tasks without other people to watch, to help and to take care of.
3. People suffering from mild disabilities are the disabled not falling into the cases defined in Clauses 1 and 2 of this Article.
Thus, persons with serious disabilities and people with exceptionally serious disabilities will be entitled to a monthly social allowance.
In which, the degrees of disability is specified as follows:
- People suffering from exceptionally serious disabilities are those whose disabilities lead to total loss of their functions, self-control or make them unable to move, to dress, to keep personal hygiene and to complete other everyday tasks without other people to watch, to help and to take care of.
- People suffering from serious disabilities are those whose disabilities lead to partial loss or deficiency of their functions, self-control or make them unable to move, to dress, to keep personal hygiene and to complete other everyday tasks without other people to watch, to help and to take care of.
- People suffering from mild disabilities are the disabled not falling into the above two cases.
What are the procedures for determination of degrees of disability in Vietnam?
Pursuant to Article 18 of the 2010 Law on Persons with Disabilities in Vietnam, the procedures for determination of degrees of disability are as follows:
- When wishing to determine the degree of disability, persons with disabilities or their lawful representatives shall file applications with the commune-degree People's Committees of the localities in which persons with disabilities reside.
- Within 30 days after the receipt of an application for determination of the degree of disability, the chairman of the commune-degree People's Committee shall convene the Disability Degree Determination Council and send a notice of the time for determination of the degree of disability to the person with disabilities or his/her lawful representative.
- The Disability Degree Determination Council shall determine the degree of disability, compile a dossier on disability degree determination and make conclusion.
- Within 5 working days after the issue of the conclusion by the Disability Degree Determination Council, the chairman of the commune-degree People's Committee shall post up and publicize the conclusion of the Disability Degree Determination Council and issue a disability certificate.
How to identify the degrees of disability in Vietnam?
Pursuant to Article 4 of Decree No. 28/2012/ND-CP stipulating the identification of degree of disability as follows:
- The Disability Assessment Council shall base on Articles 2 and 3 of this Decree and observe the disabled while they are doing everyday tasks serving their personal living needs, and use of the set of medical and social questions and other prescribed methods to identify the degree of disability.
The Medical Examination Council shall identify and draw conclusions about the type and degree of disabilities for 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.
For the disabled of whom the self-serving capacity and work capability deficiency have been identified the Medical Examination Council before this Decree takes effect, the Disability Assessment Council shall determine degrees of disability based on the Medical Examination Council’s conclusions as follows:
- That person is considered suffering from particularly serious disabilities when the Medical Examination 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 Examination Council concludes that they are capable of self-serving if they are partly assisted by other people or equipment or 61% and 80% of their work capability has been lost;
- That person is considered suffering from mild disabilities when the Medical Examination Council concludes that they are capable of self-serving or less than 61% of their work capability has been lost.
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