Chương 1 Nghị định 28/2012/NĐ-CP: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree elaborates a number of articles of the Law on The disabled regarding types and levels of impairment and determination of levels of impairment; socialization policies to assist the disabled; scientific researches, specialists and technicians training, producing equipment for the disabled; allowance and incentive policies for teachers, educational administrators and assistants serving the disabled; employment for the disabled; price reduction; implementation of the roadmap to improve public constructions: accessible transport; social welfare; the establishment, operation and dissolution of  nursing centers for the disabled.

Article 2. Types of impairment

1. Mobility impairment means partial or total loss of the mobility of the head, the neck, the lower or upper limbs, or the body, that restricts the dexterity.

2. Hearing and speaking impairment means partial or total loss of the hearing or speaking function or both hearing and speaking functions; or the function to pronounce words and sentences clearly, leading to limited communication or information exchange in words.

3. Visual impairment means partial or total loss of sight and senses of light, colors, images and objects in normal light and environment.

4. Mental impairment means disorder of senses, memory, feeling, thought and act control manifested abnormal speech or acts.

5. Intellectual impairment means partial or total loss of perception and mind manifested in the slowness or inability to think, to analyze objects, phenomena or to solve problems.

6. Other impairments means partial or total loss of bodily functions causing difficulties in work and daily-life activities and learning not being specified in Clauses 1,2, 3, 4 and 5 of this Article.

Article 3. Levels of impairment

1. People suffering from particularly serious impairments are those whose impairments lead to total loss of their functions, self-control or make them unable to move, to dress, to keep personal hygiene and to complete other everyday tasks without other people to watch, to help and to take care of.

2. People suffering from serious impairments are those whose impairments lead to partial loss or deficiency of their functions, self-control or make them unable to move, to dress, to keep personal hygiene and to complete other everyday tasks without other people to watch, to help and to take care of.

3. People suffering from mild impairments are the disabled not falling into the cases defined in Clauses 1 and 2 of this Article.

Article 4. Impairment level identification

1. The Impairment Assessment Council shall base on Articles 2 and 3 of this Decree and observe the disabled while they are doing everyday tasks serving their personal living needs, and use of the set of medical and social questions and other prescribed methods to identify the level of impairment, except for the cases specified in Clauses 2 and 3 of this Article.

2. The Medical Examination Council shall identify and draw conclusions about the type and level of impairments for the cases specified in Clause 2, Article 15 of the Law on The disabled.

3. For the disabled of whom the self-serving capacity and work capability deficiency have been identified the Medical Examination Council before this Decree takes effect, the Impairment Assessment Council shall determine levels of impairment based on the Medical Examination Council’s conclusions as follows:

a/ That person is considered suffering from particularly serious impairments when the Medical Examination Council concludes that they are no longer capable of self-serving or at least 81% of their work capability has been lost.

b/ That person is considered suffering from serious impairments when the Medical Examination Council concludes that they are capable of self-serving if they are partly assisted by other people or equipment or 61% and 80% of their work capability has been lost;

c/ That person is considered suffering from mild impairments when the Medical Examination Council concludes that they are capable of self-serving or less than 61% of their work capability has been lost.

4. In case the Medical Examination Council’s document dated before the effective date of this Decree fails specify the self-serving capability and work capability deficiency, the Impairment Assessment Council shall determine levels of impairment for the disabled under Clause 1 of this Article.

5. State budget shall cover the cost of the impairment level identification and the issuance of impairment certificates under the state budget management decentralization.

6. The Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs shall guide the funds specified in Clause 5 of this Article.

Article 5. Socialization policies to assist the disabled

1. Organizations and individuals that invest in and build orthopedic facilities, functional rehabilitation centers, nursing centers, educational, vocational training institutions, job creation centers or other facilities providing other services to assist the disabled may enjoy incentives as prescribed by law provisions on encouragement policies on the socialization of education, vocational training, health, culture, sports and environment.

2. The Minister of Labor, War Invalids and Social Affairs shall present the forms, criteria, sizes and standards of orthopedic facilities and rehabilitation centers, nursing centers, and job creation centers and other facilities providing other services to assist the disabled specified in Clause 1 of this Article to the Prime Minister .

Article 6. Scientific research, training of specialists and technicians and manufacture of equipment for the disabled

1. Agencies and organizations doing scientific researches on the disabled or training in orthopedic and rehabilitation specialists and technicians shall have their expense covered by the state budget as prescribed by law provisions on the state budget.

The Ministry of Science and Technology, the Ministry of Labor, War Invalids and Social Affairs shall guide the implementation of this Clause.

2. Manufacturers of orthopedic and rehabilitation equipment and devices to assist the disabled in everyday tasks, in learning and working may take low-interest loans from Social Policy Banks as prescribed by law.

3. The Ministry of Labor, War Invalids and Social Affairs shall present the regulations on low-interest loans to the subjects specified in Clause 2 of this Article to the Prime Minister.

Article 7. Allowance and incentives for teachers, educational administrators and assistants serving the disabled people’s education

1. The following persons are eligible for incentives under the Government's Decree No. 61/2006/ND-CP on June 20, 2006 on policies applicable to teachers and educational administrators of special schools and schools in impoverished areas.

a/ Teachers or educational administrators directly teaching or managing the disabled using special educational methods at special educational institutions or integrative education development and support centers;

b/ Teachers directly teaching the disabled using special educational methods at educational institutions not being specified in Point a of this Clause.

2. Teachers directly teaching the disabled using integrative education methods not being specified in Clause 1 of this Article are eligible for preferential allowance as follows:

3. The Ministry of Education and Training, the Ministry of Home Affairs and the Ministry of Finance shall specify the professional titles and policies on educational assistants to the disabled at educational institutions and integrative education development and support centers.