Procedures for examination and assessment to decide the level of disability in case of disagreement with the assessment conclusion in Vietnam

Procedures for examination and assessment to decide the level of disability in case of disagreement with the assessment conclusion in Vietnam (Internet image)

This procedure is mentioned in Decision 3178/QD-BYT of 2023, announcing the administrative procedures specified in Joint Circular 34/2012/TTLT-BYT-BLDTBXH on guidance on determining the level of disability by the Medical Examination Council issued by the Minister of Health.

The assessment procedure determines the level of disability in the event of disagreement with the assessment conclusion in Vietnam

Procedure name: Examination to determine the level of disability in cases where the disabled person or the disabled person's legal representative disagrees with the conclusion of the Provincial Medical Examination Council.

Procedure order:

Step 1: The person with a disability, or the legal representative of the person with a disability, makes a request for a final examination and sends it to the Medical Examination Council, which has issued the second examination and examination record for resolution.

Step 2: After 15 working days from the date of receiving the petition, the Medical Examination Council is recommended to complete the assessment dossier according to regulations and send it to the superior Medical Examination Council within 5 working days (pursuant to Clause 3, Article 7, Joint Circular 34/2012/TTLT-BYT-BLDTBXH).

Step 3: Within 60 working days, the Medical Examination Council is responsible for organizing an assessment and concluding the type and extent of the disability. In case the above time limit has not been issued, a written notice must be issued clearly stating the reason (pursuant to Clause 2, Article 11, Circular 01/2023/TT-BYT/pursuant to Point d, Clause 2, Article 39, and Clause 3, Article 166 of Decree 131/2021/ND-CP).

Step 4: Return the Disability Assessment Examination Record to the subject.

Methods of carrying out the procedure:

Currently there are 2 methods of implementation: public postal routes; and submitting directly.

Composition and quantity of documents:

- Referral letter from the People's Committee of the commune where the subject resides requesting a disability assessment, clearly stating the person has a disability in the referral letter, or the legal representative of the disabled person disagrees with the conclusion of the Council determining the level of disability, with a photo of the subject and a stamp of the People's Committee of the commune where the subject resides.

- Application for medical examination and assessment by an individual or by an agency or organization that is a legal representative of a person with a disability

- A copy of the Medical Examination Minutes of the Provincial Medical Examination Council that the disabled person disagrees with and requests a re-examination

- Examination records of the Provincial Medical Examination Council are sent to the Central Medical Examination Council according to regulations.

- In addition to the listed documents, the legal representative of a person with a disability, when carrying out examination and assessment procedures for a person with a disability, must have the following documents:

+ Citizen identification card or legal photo ID.

+ Confirmation from the People's Committee of the commune that the disabled person has registered permanent residence on the legal representative rights of the disabled person.

+ In case the legal representative of a person with a disability is an agency or organization, there must be a letter of introduction from that agency or organization according to regulations.

Number of documents: 01 set.

Processing duration: 80 working days from the date of receiving valid documents.

More details can be found in Decision 3178/QD-BYT in 2023.

Duong Chau Thanh

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