Below are the regulations on expenditure for determining impairment level and issuing impairment certificates in Vietnam from December 1, 2024
Expenditure for determining impairment level and issuing impairment certificates in Vietnam from December 1, 2024 (Image from the internet)
On October 9, 2024, the Ministry of Finance issued Circular 72/2024/TT-BTC guiding the state budget funding for determining impairment level and issuing impairment certificates in Vietnam .
According to Article 4 of Circular 72/2024/TT-BTC, the content and expenditure for determining impairment level and issuing impairment certificates in Vietnam are stipulated as follows:
- Expenditure for office supplies; printing Disability Certification, forms; purchasing books, materials for management: Payments are made based on actual expenses with legal invoices and vouchers within the scope of estimates allocated by the competent authority and the provisions of law on bidding.
- Payments for attending the Council for Assessing impairment levels:
+ Council President: 100,000 VND/person/session;
+ Attending members: 70,000 VND/person/session;
+ Refreshment for attendees: Expenditure is according to the provisions in Circular 40/2017/TT-BTC stipulating the policies on work allowances and conference allowances.
- Payments for medical examination: The amount is based on the requirements for examination and the medical examination fees as stipulated in the fee schedule issued with Circular 243/2016/TT-BTC regulating the collection, payment policies, management, and use of examination fees.
Funding for determining impairment level and issuing impairment certificates in Vietnam is stipulated in Article 3 of Circular 72/2024/TT-BTC as follows:
The funding for determining impairment level and issuing impairment certificates in Vietnam as prescribed in Clause 5, Article 4 of Decree 28/2012/ND-CP shall be allocated in the regular expenditure estimates according to the state budget management discretion; the funding for printing Disability Certification forms shall be allocated in the regular expenditure estimates of the Department of Labor, Invalids and Social Affairs annually as prescribed by law on the state budget.
The determination of impairment levels in Vietnam is conducted according to Article 4 of Decree 28/2012/ND-CP as follows:
(1) The Council for Determining impairment levels shall base on the provisions from Article 2 and Article 3 of Decree 28/2012/ND-CP and directly observe the disabled person through performing simple activities serving personal daily living needs, utilizing a set of questions according to medical, social criteria and other methods as prescribed to determine the level of disability, except in cases prescribed in clauses (2), (3).
(2) The Medical Assessment Council shall determine and conclude on the type and level of disability for cases stipulated in Clause 2, Article 15 of Law on Persons with Disabilities 2010.
(3) Disabled persons who have had conclusions from the Medical Assessment Council on self-service ability, level of labor capacity reduction before June 1, 2012, shall have their impairment level determined by the Council for Determining impairment levels based on the medical conclusions:
- Severely disabled individuals when concluded by the Medical Assessment Council as having no self-service ability or a reduction in labor capacity of 81% or more;
- Heavily disabled individuals when concluded by the Medical Assessment Council as able to self-service with the help of others or means partially or have a reduction in labor capacity from 61% to 80%;
- Slightly disabled individuals when concluded by the Medical Assessment Council as able to self-service or have a reduction in labor capacity below 61%.
(4) In cases where the Medical Assessment Council's document before this Decree's effective date concludes unclearly about self-service ability, the level of labor capacity reduction, the Council for Determining impairment levels shall carry out the assessment according to stipulations in clause (1).
(5) The state budget ensures the funding for determining impairment levels and issuing Disability Certifications according to the discretion of state budget management.
(6) The Ministry of Finance and the Ministry of Labor - War Invalids and Social Affairs shall provide guidance on the funding stipulated in clause (5).
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