What method is used to determine the level of disability in Vietnam?

Regarding this matter, LawNet would like to answer as follows:

What are the degrees of disability under the law in Vietnam?

Pursuant to Clause 2, Article 3 of the Law on People with Disabilities 2010, the degrees of disability is specified as follows:

Article 3. Forms and degrees of disability

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2. Persons with disabilities are classified by degree of disability as follows:

a/ Persons with exceptionally serious disabilities are those whose impairments 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, currently there are 03 degrees of disability including persons with exceptionally serious disabilities, persons with serious disabilities and persons with mild disabilities.

What method is used to determine the degrees of disability?

Pursuant to Article 17 of the Law on People with Disabilities 2010, methods of determining degrees of disability are as follows:

Article 17. Methods of determining degrees of disability

1. The determination of degrees of disability defined in Clause 1, Article 15 of this Law is carried out by the method of direct observation of persons with disabilities through their simple activities of serving their personal daily-life, the use of a set of questions under medical and social criteria and other simple methods to conclude on the degree of disability of each person.

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In addition, based on Article 4 of Decree 28/2012/ND-CP regulations on disability level identification as follows:

Article 4. Impairment level identification

1. The Impairment 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 level of impairment, except for the cases specified in Clauses 2 and 3 of this Article.

2. The Medical Examination Council shall identify and draw conclusions about the type and level of impairments for the cases specified in Clause 2, Article 15 of the Law on People with Disabilities.

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Thus, determining the degrees of disability is often done by direct observation of people with disabilities and some other simple methods by observing simple activities of serving their personal daily-life, the use of a set of questions under medical and social criteria

In addition, in some cases, the determination of the level of disability is carried out using the method of medical assessment of sell-serving ability and the degree of working capacity loss by the Medical Examination Council.

Which agency is responsible for determining the degrees of disability in Vietnam?

Pursuant to Article 15 of the Law on People with Disabilities 2010, it stipulates the responsibility to determine the level of disability as follows:

Article 15. Responsibility to determine degrees of disability

1. Degrees of disability shall be determined by the Disability Degree Determination Council.

2. Degrees of disability shall be determined by the Medical Examination Council in the following cases:

a/ The Disability Degree Determination Council is unable to make conclusions on the degree of disability;

b/ The person with disabilities or his/her lawful representative disagrees with the conclusion on degree of disability made by the Disability Degree Determination Council.

c/ There is well-grounded evidence on the biased and inaccurate determination of the degree of disability by the Disability Degree Determination Council.

3. If the Medical Examination 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.

Thus, the determination of the degree of disability will be carried out by the Disability Degree Determination Council. However, in some of the following cases, the determination of the degree of disability is carried out by the Medical Examination Council, including:

- 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.

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