Chương II Luật người khuyết tật 2010: Xác nhận khuyết tật

Chapter II

DISABILITY CERTIFICATION

Article 15. Responsibility to determine degrees of disability

1. Degrees of disability shall be determined by the Disability Degree Determination Council.

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

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

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

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

3. 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.

Article 16. Disability Degree Determination Council

1. 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).

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

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

b/ The head of the commune-level heath station;

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

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

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

3. 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.

4. 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.

5. The Minister of Labor. War Invalids and Social Affairs shall guide the operation of a Disability Degree Determination Council.

Article 17. Methods of determining degrees of disability

1. The determination of degrees of disability defined in Clause 1, Article 15 of this Law is carried out by the method of direct observation of persons with disabilities through their simple activities of serving their personal daily-life, the use of a set of questions under medical and social criteria and other simple methods to conclude on the degree of disability of each person.

The Minister of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Minister of Health and the Minister of Education and Training in, detailing this Clause.

2. The Minister of Health shall assume the prime responsibility for, and coordinate with the Minister of Education and Training in, detailing the determination of degrees of disability for cases defined in Clause 2, Article 15 of this Law.

Article 18. Procedures for determination of degrees of disability

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.

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.

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

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.

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

Article 19. Disability certificates

1. A disability certificate contains the following basic contents:

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

b/ Place of residence of the person with disabilities;

c/ Type of disability;

d/ Degree of disability.

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

3. The Minister of Labor. War Invalids and Social Affairs shall provide for the change, re-issuance and withdrawal of disability certificates.

Article 20. Re-determination of the degree of disability

1. 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.

2. The order of, and procedures for, re-determining the degree of disability and granting a disability certificate comply with Articles 18 and 19 of this Law.