Chương 2: Thông tư liên tịch 37/2012/TTLT-BLĐTBXH-BYT-BTC-BGDĐT Hoạt động của hội đồng xác định mức độ khuyết tật, phương pháp xác định mức độ khuyết tật

Chapter 2.

OPERATIONS OF THE COUNCIL, METHODS FOR DETERMINING IMPAIRMENT LEVELS

Article 2. Operations of the Council

1. The Impairment assessing Council is established under the decision of the Presidents of the People’s Committees of communes and contains members according to the provisions in clause 2 Article 16 of the Law on the disabled.

2. The Council is operated according to the provisions in clauses 3 and 4 Article 16 of the Law on the disabled.

3. The Council is responsible for determining types and levels of impairment; re-determining impairment levels of the disabled who experienced an event that modifies the impairment level.

4. Responsibilities of the Council’s members:

a) Chairperson of the Council is responsible for organizing and presiding over the operation of the Council;

b) Civil servants of communes who are in charge of labor, war invalids and social affairs issues are responsible for:

- Receiving application papers and application documents;

- Providing the disabled with guidance on completing documents;

- Making records on the content of the Council’s sessions;

- Giving advices to the Chairperson of the Council on the development, completion and retention of documents of the Council;

- Carrying out other tasks assigned by the Chairperson of Council.

c) Heads of the medical stations of communes are responsible for:

- Providing the Council with medical information pertaining to the disabled;

- Carrying out other tasks assigned by the Chairperson of Council.

d) Any members of the Council is responsible for participating in the impairment level determination process, participating in all concluding sessions of the Council, contributing opinions and carrying out tasks assigned by the Council.

5. When the Council is established or when there is change in Council's members, Presidents of People’s Committees of communes are responsible for giving promulgate Decisions on establishment, replacement or addition of Council’s members.

6. Council’s tenure is the same as the one of People’s Committees of communes.

7. Councils may use the seals of People’s Committees of communes.

Article 3. Methods for determining impairment type and impairment levels

1. 1. Determination of impairment type:

a) Determination of impairment type for children under 6/under age 6:

Any members of the Council shall observe directly the specific signs of children with disabilities, interview the legal representatives of such children and use “Impairment determination form for children under 6” prescribed in Form No. 02 enclosed herewith to determine the impairment type of children with disabilities.

Members of the Council evaluate only 03 types of impairment: mobility impairment, vision impairment and mental impairment.

b) Determination of impairment type for the disabled aged 6 or older:

Any members of the Council shall observe directly the specific signs of the disabled, interview the disabled or their legal representatives and use “Impairment determination form for the disabled aged 6 or older” prescribed in Form No. 03 enclosed herewith to determine the impairment type of the disabled.

2. Determination of impairment levels:

a) Determination of impairment levels for children under 6:

Any members of the Council shall observe directly the specific signs of children with disabilities, interview the legal representatives of such children and use “Impairment assessment form for children under 6” prescribed in Form No. 04 enclosed herewith to determine the impairment levels of children with disabilities.

b) Determination of impairment level for the disabled aged 6 or older:

Any members of the Council shall observe directly the specific signs as well as the activities of the disabled, interview their legal representatives and use “Impairment assessment form for people aged 6 or older” prescribed in Form No. 05 enclosed herewith to determine the impairment level of the disabled.