Procedures for determination of degrees of disability in Vietnam

Responsibility to determine degrees of disability in Vietnam

Pursuant to Article 15 of the Law on Persons with Disabilities 2010, degrees of disability shall be determined by the Disability Degree Determination Council.

Degrees of disability shall be determined by the Medical Examination Council in the following cases:

- The Disability Degree Determination Council is unable to make conclusions on the degree of disability;

- The person with disabilities or his/her lawful representative disagrees with the conclusion on degree of disability made by the Disability Degree Determination Council.

- There is well-grounded evidence on the biased and inaccurate determination of the degree of disability by the Disability Degree Determination Council.

If the Medical Examination Council has already made a conclusion on the sell-serving ability and the degree of working capacity loss. the degree of disability shall be determined under the Government's regulations.

Procedures for determination of degrees of disability in Vietnam (Internet image)

Disability Degree Determination Council in Vietnam

Pursuant to Article 16 of the Law on Persons with Disabilities 2010, a Disability Degree Determination Council shall be established by the Chairman of the People's Committee of a commune, ward or township (below referred collectively as the commune level).

- A Disability Degree Determination Council is composed of the following members:

= The chairperson of the commune-level People's Committee as its President;

= The head of the commune-level heath station;

= The commune official in charge of labor, war invalids and social affairs;

= The heads or deputy heads of the commune-level Vietnam Fatherland Front Committee. Women's Union. Youth Union and War Veterans' Associations;

= The head of the commune-level organization of persons with disabilities in the locality in which such organization exists.

- The Council President shall organize and preside over activities of the Council. The Council shall work on the principle of collectivism. A Council meeting is valid only when it is attended by at least two-thirds of its members. The Councils' conclusion shall be adopted by vote of majority; if the votes are split equal, the opinion of the Council President is decisive. Conclusions shall be made in writing by the Council and signed by its President.

- The Disability Degree Determination Council shall make decisions independently and are answerable to law for the truthfulness of the determination of the degree of disability.

Procedures for determination of degrees of disability in Vietnam

Procedures for determination of degrees of disability shall comply with the provisions of Article 18 of the Law on Persons with Disabilities 2010, specifically as follows:

- 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.

- 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.

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

- 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.

- The Minister of Labor, War Invalids and Social Affairs shall detail the order, procedures and dossiers of disability degree determination defined in this Article.

Mai Thanh Loi

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