Who are persons with disabilities? Procedures for determination of degrees of disability in Vietnam

Who are persons with disabilities? Procedures for determination of degrees of disability in Vietnam (Internet image)

1. Who are persons with disabilities?

Persons with disabilities mean persons who are impaired in one or more body parts or suffers functional decline manifested in the form of disability which causes difficulties in their work, daily life and study.

Clause 1, Article 2 of the Law on Persons with Disabilities 2010)

2. Forms and degrees of disability in Vietnam

Article 3 of the Law on Persons with Disabilities 2010 stipulates the forms and degrees of disability in Vietnam as follows:

- Forms of disability include:

+ Physical disability;

+ Sensory disability;

+ Visual disability;

+ Mental and psychiatric disability;

+ Intellectual disability;

+ Other disabilities.

- Persons with disabilities are classified by degree of disability as follows:

+ Persons with exceptionally serious disabilities are those whose impairments render them unable to perform by themselves their personal daily-life activities;

+ Persons with serious disabilities are those whose disabilities render them unable to perform some of their personal daily-life activities;

+ Persons with mild disabilities are those who do not fall into the cases defined at Points a and b of this Clause.

3. Procedures for determination of degrees of disability in Vietnam

According to Article 18 of the Law on Persons with Disabilities 2010, the procedures for determination of degrees of disability are as follows:

Step 1: When wishing to determine of the degree of disability, persons with disabilities or their lawful representatives shall file applications with the commune-level People's Committees of the localities in which persons with disabilities reside.

Step 2:

Within 30 days after the receipt of an application for determination of the degree of disability, the chairman of the commune-level People's Committee shall convene the Disability Degree Determination Council and send a notice of the time for determination of the degree of disability to the person with disabilities or his/ her lawful representative.

Step 3: The Disability Degree Determination Council shall determine the degree of disability, compile a dossier on disability degree determination and make conclusion.

Step 4: Within 5 working days after the issue of the conclusion by the Disability Degree Determination Council, the chairman of the commune-level People's Committee shall post up and publicize the conclusion of the Disability Degree Determination Council and issue a disability certificate.

4. Disability certificates in Vietnam

Article 19 of the Law on Persons with Disabilities 2010 stipulates the certificate of disability as follows:

- A disability certificate contains the following basic contents:

+ Full name, birth date and sex of the person with disabilities;

+ Place of residence of the person with disabilities;

+ Type of disability;

+ Degree of disability.

- The disability certificate takes effect after it is signed by the chairman of the commune-level People's Committee.

5. Re-determination of the degree of disability in Vietnam

Article 20 of the Law on Persons with Disabilities 2010 stipulates the re-determination of the degree of disability as follows:

- Re-determination of the degree of disability shall be conducted upon request of the person with disabilities or his/her lawful representative when occurs an event which changes the degree of disability.

- The order of, and procedures for, re-determining the degree of disability and granting a disability certificate comply with Articles 18 and 19 of the Law on Persons with Disabilities 2010.

6. Rights and obligations of persons with disabilities in Vietnam

According to Article 4 of the Law on Persons with Disabilities 2010, the rights and obligations of persons with disabilities are as follows:

- Persons with disabilities are guaranteed the following rights:

+ To participate on an equal basis in social activities;

+ To live independently and integrate into the community;

+ To enjoy exemption from or reduction of certain contributions to social activities;

+ To be provided with healthcare, functional rehabilitation, education, vocational training, employment, legal assistance, access to public facilities, means of transport, information technology and cultural, sports, tourist and other services suitable to their forms and degrees of disability;

+ Other rights provided by law.

- Persons with disabilities shall perform civic obligations under law.

Ngoc Nhi

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