Procedures for issuing and renewing Disability certificates in Vietnam as of February 29, 2024

Procedures for issuing and renewing Disability certificates in Vietnam as of February 29, 2024 (Internet image) 

Regarding this matter, LawNet would like to answer as follows:

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

1. Procedures for issuing and renewing Disability certificates in Vietnam as of February 29, 2024

The procedures for issuing and renewing Disability certificates are carried out as follows:

1.1 Procedures

Step 1: When there is a need to change or renew Disability certificates, the person with disabilities or their legally authorized representative shall submit an application according to Form 01 issued with Circular 01/2019/TT-BLDTBXH (amended by Circular 08/2023/TT-BLDTBXH) to the People's Committee at the commune where the person with disabilities resides.

Step 2: After 05 working days, the Chairman of the People's Committee at the commune shall make a decision to change or renew Disability certificates based on the existing file.

1.2 Conditions for issuing and renewing Disability certificates

* Issuing Disability certificates in the following cases:

- Disability certificates contain incorrect information compared to the ID card, citizen identification card, or other legally valid documents;

- Disability certificates are damaged and cannot be used.

* Renewing Disability certificates in the following case:

- Loss of Disability certificates.

The case of renewing Disability certificates specified in point a (Cases of changing the form or degree of disability) and point c (Persons with disabilities from 6 years of age and older, except for severe disabilities specified in points 1.1, 1.2, 1.5, 1.6, 1.7 of Section IV Form 02 issued with Circular 01/2019/TT-BLDTBXH, amended by Circular 08/2023/TT-BLDTBXH), clause 2 of Article 8 of Circular 01/2019/TT-BLDTBXH, shall be implemented according to the administrative procedures of the commune (Procedure Code 1.001699) for determining, re-determining the degree of disability, and issuing Disability certificates.

2. What are the regulations on determination of forms and degrees of disability in Vietnam?

According to Article 3 of Circular 01/2019/TT-BLDTBXH, the method for determining forms and degrees of disability is as follows:

- The method for determining the degree of disability shall be implemented in accordance with Article 17, Clause 1 of the Law on Persons with Disabilities. The observation council directly observes the person with disabilities and uses simple activities to meet their daily personal needs, using a questionnaire based on medical and social criteria specified in the Disability Assessment Form issued with this Circular and other simple methods to determine the form and degree of disability for each person with disabilities.

- Determining forms and degrees of disability for children under 6 years old

The council bases its decision on the application file requesting the determination of the degree of disability, uses the method for determining the degree of disability specified above, interviews the legally authorized representative of the child, and uses the "Form for Determining the Degree of Disability for Children under 6 Years Old" according to Form 02 issued with Circular 01/2019/TT-BLDTBXH to determine forms and degrees of disability.

- Determining forms and degrees of disability for individuals aged 6 and above

The council bases its decision on the application file requesting the determination of the degree of disability, uses the method for determining the degree of disability specified above, interviews the person determined to have a degree of disability or their legally authorized representative, and uses the "Form for Determining the Degree of Disability for Individuals Aged 6 and Above" according to Form 03 issued with Circular 01/2019/TT-BLDTBXH to determine forms and degrees of disability.

Nguyen Ngoc Que Anh

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