Can the head of commune police be a member of Disability Degree Determination Council in Vietnam?

Can the head of commune police be a member of Disability Degree Determination Council in Vietnam?

Pursuant to Clause 2, Article 16 of the Law on Disability 2010 stipulates on Disability Degree Determination Council as follows:

2. A Disability Degree Determination Council is composed of the following members:

a/ The chairperson of the commune-level People's Committee as its President;

b/ The head of the commune-level heath station;

c/ The commune official in charge of labor, war invalids and social affairs;

d/ The heads or deputy heads of the commune-level Vietnam Fatherland Front Committee. Women's Union. Youth Union and War Veterans' Associations;

e/ The head of the commune-level organization of persons with disabilities in the locality in which such organization exists.

Thus, according to the above regulations in Vietnam, in principle, the Disability Degree Determination Council includes the above members without participating as a member of the Commune Police. Therefore, for the head of commune police, he is not part of the Disability Degree Determination Council.

Can a 4-year-old child apply for determination of degrees of disability in Vietnam?

According to Clause 1, Article 2 of the Law on People with Disabilities 2010, there are provisions as follows:

1. Person with disabilities means a person who is impaired in one or more body parts or suffers functional decline manifested in the form of disability which causes difficulties lo his/her work, daily life and study.

At the same time, in Article 18 of the Law on People with Disabilities 2010, procedures for determination of degrees of disability are as follows:

1. When wishing to determine of the degree of disability, persons with disabilities or their lawful representatives shall file applications with the commune-level People's Committees of the localities in which persons with disabilities reside.

2. Within 30 days after the receipt of an application for determination of the degree of disability, the chairman of the commune-level 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.

3. The Disability Degree Determination Council shall determine the degree of disability, compile a dossier on disability degree determination and make conclusion.

4. Within 5 working days after the issue of the conclusion by the Disability Degree Determination Council, the chairman of the commune-level People's Committee shall post up and publicize the conclusion of the Disability Degree Determination Council and issue a disability certificate.

5. The Minister of Labor, War Invalids and Social Affairs shall detail the order, procedures and dossiers of disability degree determination defined in this Article.

Thus, people with disabilities are not subject to age restrictions in Vietnam. If your child has a disability, procedures for determination of degrees of disability can be done. After that, a disability certificate is issued depending on the degree of disability of the child.

Best Regards!