Procedures for determining, re-determining degrees of disability and issuing Disability certificates in Vietnam

Procedures for determining, re-determining degrees of disability and issuing Disability certificates in Vietnam (Internet image)

On February 29, 2024, the Ministry of Labor - Invalids, and Social Affairs issued Decision 208/QD-LDTBXH on the announcement of administrative procedures that are amended, supplemented, or abolished in the field of social protection within the scope of state management functions of the Ministry of Labor - Invalids, and Social Affairs.

Procedures for determining, re-determining degrees of disability and issuing Disability certificates in Vietnam

(1) Implementation process:

Step 1: When there is a need to determine or re-determine degrees of disability, the applicant or the legal representative of the disabled person shall prepare the dossier according to the regulations in Article 4 of Circular 01/2019/TT-BLDTBXH, with the exception that Form 01 is amended in Circular 08/2023/TT-BLDTBXH, and submit it to the Chairman of the People's Committee at the commune level where the applicant resides as prescribed by law.

Step 2: Within 20 working days from the date of receiving the request for determining degrees of disability, the Chairman of the People's Committee at the commune level is responsible for:

- Sending a reference letter to educational institutions regarding the difficulties in studying, living, communicating, and recommending forms of disability and degrees of disability of the person who is determined to have degrees of disability and is currently studying, according to Form 04 stipulated in Circular 01/2019/TT-BLDTBXH.

- Summoning members and notifying them of the time and place for determining degrees of disability for the disabled person or their legal representative.

- Organizing the evaluation of forms of disability and degrees of disability for the disabled person according to the method prescribed in Article 3 and using Form 02 or Form 03 of Circular 01/2019/TT-BLDTBXH (amended and supplemented in Circular 08/2023/TT-BLDTBXH)..

The determination of degrees of disability is carried out at the People's Committee at the commune level or at the health station. In cases where the disabled person cannot come to the designated location, the Council will observe and interview the disabled person at their place of residence.

Step 3: Prepare the dossier, minutes of conclusion on forms of disability, and degrees of disability of the evaluated person according to Form 05 issued with Circular 01/2019/TT-BLDTBXH (amended and supplemented in Circular 08/2023/TT-BLDTBXH)..

- For cases where the disabled person has received a conclusion from the Medical Evaluation Council on their self-care ability and the level of labor capacity reduction before June 1, 2012, the Council will determine degrees of disability based on the conclusion of the Medical Evaluation Council to determine degrees of disability according to the regulations in Clause 3 of Article 4 of Decree 28/2012/ND-CP, specifically as follows: Severely disabled individuals are those who, according to the Medical Evaluation Council, have no self-care ability or have a labor capacity reduction of 81% or more; Seriously disabled individuals are those who, according to the Medical Evaluation Council, have the ability to self-care with assistance from others or aids to a certain extent, or have a labor capacity reduction from 61% to 80%; Mildly disabled individuals are those who, according to the Medical Evaluation Council, have the ability to self-care or have a labor capacity reduction below 61%.

- For cases specified in Clause 2, Article 15 of the Law on Persons with Disabilities (including: the Council does not provide a conclusion on degrees of disability; the disabled person or their legal representative disagrees with the conclusion of the Council on degrees of disability; there is authentic evidence regarding the objectivity and accuracy of the Council's determination of degrees of disability), the Council will issue a referral letter and prepare a list to transfer to the Medical Evaluation Council for implementation (through the Department of Labor - Invalids and Social Affairs).

Step 4: Within 05 working days from the date of the minutes of conclusion of the Council on forms of disability and degrees of disability, the Chairman of the People's Committee at the commune level shall publicly announce and notify the conclusion of the Council at the headquarters of the People's Committee at the commune level and issue disability certificates according to Form 06 issued with Circular 01/2019/TT-BLDTBXH (amended in Circular 08/2023/TT-BLDTBXH).. In case of complaints or disagreements with the conclusion of the Council, within 05 working days, the Council will verify, review, provide specific conclusions, and respond in writing to the complainant.

For cases where the Medical Evaluation Council determines and concludes on forms of disability and degrees of disability, within 05 working days from the date of receiving the conclusion of the Medical Evaluation Council, the Chairman of the People's Committee at the commune level shall issue disability certificates according to Form 06 issued with Circular 01/2019/TT-BLDTBXH (amended in Circular 08/2023/TT-BLDTBXH).

(2) Implementation method: Follow one of the following forms: directly, online, or via public postal service.

(3) Composition, number of documents:

* Number of documents: 01 set of documents.

* Composition of documents:

- For cases of determining disabilities:

+ Request form according to Form 01 issued with Circular 01/2019/TT-BLDTBXH (amended in Circular 08/2023/TT-BLDTBXH).

+ Copies of relevant documents related to disabilities (if any), such as medical records, examination documents, treatment documents, surgery documents, or other related documents.

+ Copies of conclusions from the Medical Evaluation Council on self-care ability and level of labor capacity reduction for cases where the disabled person has a conclusion from the Medical Evaluation Council before June 1, 2012.

- For cases of re-determining disabilities:

+ Request form according to Form 01 issued with Circular 01/2019/TT-BLDTBXH (amended in Circular 08/2023/TT-BLDTBXH).

+ Copies of relevant documents related to disabilities (if any), such as medical records, examination documents, treatment documents, surgery documents, old disability certificates, or other related documents.

(4) Time limit for administrative procedure resolution: 25 working days.

For detailed content, please refer to Decision 208/QD-LDTBXH, taking effect on February 29, 2024.

Ho Quoc Tuan

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