Procedures for determining and re-determining the degree of disability and issuing a Certificate of Disability in Vietnam

Procedures for determining and re-determining the degree of disability and issuing a Certificate of Disability in Vietnam (Internet image)

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

Procedures for determining and re-determining the degree of disability and issuing a Certificate of Disability are specified in Decision 208/QD-LDTBXH 2024 including:

1. Application for determining and re-determining the degree of disability and issue a Certificate of Disability in Vietnam

- In case of disability determination:

+ Application according to Form No. 01 issued with Circular 01/2019/TT-BLDTBXH (amended in Circular 08/2023/TT-BLDTBXH).

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

+ A copy of the Medical Examination Council's conclusion on the ability to self-serve and the level of reduced working capacity for disabled people.
before June 1, 2012.

- In case of disability re-identification:

+ Application according to Form No. 01 issued with Circular 01/2019/TT-BLDTBXH (amended in Circular 08/2023/TT-BLDTBXH).

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

2. Procedures for determining and re-determining the degree of disability and issuing a Certificate of Disability in Vietnam

Step 1: When there is a need to determine or re-determine the degree of disability, the applicant or the legal representative of the disabled person shall make a dossier as prescribed in Article 4 of Circular 01/2019/TT-BLDTBXH (amended in Circular 08/2023/TT-BLDTBXH). and send it to the Chairman of the Commune-level People's Committee of the place of residence in accordance with the provisions of law.

Step 2: Within 20 working days from the date of receipt of the request to determine the degree of disability, the Chairman of the Commune People's Committee is responsible for:

- Send a document to seek consultation from the educational institution regarding the difficulties in studying, activities, communication, and recommendations regarding the type and severity of disabilities for individuals whose degree of disability has been determined and are currently attending school, in accordance with Form 04 specified in Circular 01/2019/TT-BLDTBXH.

- Convene members, send notice of the time and place to determine the degree of disability to the disabled person or their legal representative.

- Organize assessment of disability type and degree of disability for disabled people according to the method specified in Article 3 and according to Form No. 02 or Form No. 03 of Circular 01/2019/TT-BLDTBXH (amended in Circular 08/2023/TT-BLDTBXH).

Determination of disability level is carried out at the Commune People's Committee or Health Station. In case the disabled person cannot reach the location specified above, the Council will observe and interview the disabled person at the disabled person's place of residence.

Step 3: Prepare documents and minutes concluding the type of disability and degree of disability of the person being assessed according to Form No. 05 issued with Circular 01/2019/TT-BLDTBXH (amended in Circular 08/2023/TT-BLDTBXH).

- Particularly in the case of disabled people where there has been a conclusion from the Medical Examination Council on the ability to self-serve and the level of reduced working ability before June 1, 2012, the Council determines the degree of disability based on the conclusion of the Medical Examination Council to determine the degree of disability according to the provisions of Clause 3, Article 4 of Decree 28/2012/ND-CP, specifically as follows:

+ People with extremely severe disabilities, as concluded by the Medical Examination Council, are no longer able to serve themselves or have a reduced working capacity of 81% or more;

+ People with severe disabilities, as concluded by the Medical Examination Council are capable of self-service activities if partially assisted by people and means or have reduced working capacity from 61% to 80%;

+ People with mild disabilities, as concluded by the Medical Examination Council, have the ability to self-serve daily activities or have a reduced working capacity of less than 61%.

- For cases specified in Clause 2, Article 15 of the Law on People with Disabilities 2010 (including: The Council for determining the degree of disability cannot make a conclusion about the degree of disability; people with disabilities or their legal representatives do not agree with the conclusions of the Council determining the degree of disability; there is authentic evidence that the Council's determination of the degree of disability is not objective or accurate); the Council will issue a referral and make a list to transfer to the Medical Examination Council for implementation (through the Department of Labor, War Invalids, and Social Affairs).

Step 4: Within 05 working days from the date of the Council's conclusion on the type and level of disability, the Chairman of the Commune People's Committee will post and publicly announce the Council's conclusions at the headquarters of the Commune People's Committee and issue a disability certificate according to Form No. 06 issued with Circular 01/2019/TT-BLDTBXH (amended in Circular 08/2023/TT-BLDTBXH). In case of complaints, denunciations, or disagreements with the Council's conclusions, within 05 working days, the Council shall verify, make specific conclusions, and respond in writing to the complainants and denunciators.

For cases determined and concluded by the Medical Examination Council on the type and degree of disability, within 05 working days from receipt of the conclusion of the Medical Examination Council, the Chairman of the Commune People's Committee shall issue a Certificate of Disability according to Form No. 06 issued with Circular 01/2019/TT-BLDTBXH (amended in Circular 08/2023/TT-BLDTBXH)

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE