Determination of the Disability Level of Persons with Disabilities
Pursuant to Article 4 of Decree No. 28/2012/ND-CP, the determination of disability levels is stipulated as follows:
The council for determining disability levels bases its evaluation on the provisions of Article 2, Article 3 of this Decree and directly observes disabled individuals through the execution of simple daily personal activities, utilizing a questionnaire according to medical, social criteria and other methods as stipulated to determine the level of disability, except in cases specified in Clause 2 and Clause 3 of this Article.
The Medical Examination Council determines and concludes the form and degree of disability in cases specified in Clause 2, Article 15 of the Law on Persons with Disabilities.
Persons with disabilities who have received conclusions from the Medical Examination Council regarding their self-care ability and reduced labor capacity before the effective date of this Decree, the council for determining disability levels will base on the Medical Examination Council's conclusions to determine the level of disability as follows:
a) Persons with exceptionally severe disabilities when the Medical Examination Council concludes they are incapable of self-care or have a labor capacity reduction of 81% or more;
b) Persons with severe disabilities when the Medical Examination Council concludes they have self-care ability if assisted partially by a person or means, or have a labor capacity reduction from 61% to 80%;
c) Persons with mild disabilities when the Medical Examination Council concludes they have self-care ability or have a labor capacity reduction of less than 61%.
In cases where the documents of the Medical Examination Council before the effective date of this Decree have unclear conclusions about the self-care ability or the degree of labor capacity reduction, the council for determining disability levels will conduct the evaluation according to the provisions in Clause 1 of this Article.
The state budget ensures funding for the determination of disability levels and issuance of Disability Certificates according to the state budget management decentralization.
The Ministry of Finance, the Ministry of Labor - Invalids and Social Affairs shall provide guidance on the funding specified in Clause 5 of this Article.
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