Chương 3: Thông tư liên tịch 37/2012/TTLT-BLĐTBXH-BYT-BTC-BGDĐT Hồ sơ, thủ tục và trình tự xác định mức độ khuyết tật và cấp giấy xác nhận khuyết tật

Chapter 3.

APPLICATION, PROCEDURES FOR DETERMINATION OF IMPAIRMENT LEVELS AND ISSUANCE OF THE IMPAIRMENT CERTIFICATE 

Article 4. Application for determination, re-determination of impairment levels

1. Application for determination of impairment levels shall include:

a) An application form using the Form No. 01 enclosed herewith.

b) Copies of medical documents proving the impairment: medical records, examination papers, and relevant documents (if any)

c) A copy of the conclusion of Medical Examination Council on self-care ability, level of working ability reduction applied to the disabled having been issued with the conclusion of Medical Examination Council before the day on which the Decree No. 28/2012/NĐ-CP takes effect.

2. Application for re-determination of impairment levels shall include:

a) An application form using the Form No. 01 enclosed herewith.

b) A copy of the Certificate of impairment levels.

Article 5. Procedures for determination and re-determination of impairment levels

1. The disabled person or his/her legal representatives who wish to determine impairment levels shall submit 01 application conformable to the provisions in Article 4 of this Joint-Circular to People’s Committees of the communes where the disabled live (family register or ID card shall be presented in order for the receiving officials to check the information on the application form).

2. Within 30 days from the day on which the application form for determination of impairment levels is received, Presidents of People’s Committees of communes shall:

a) Convene the members, send the notification of the time and location for determination to the disabled or their legal representatives:

b) Determine the types and levels of impairment of the disabled person according to the methods and contents prescribed in Article 3 of this Joint-Circular; draw up documents and records of conclusion of the impairment levels determination of the applicant according to the assessment using Form No. 06 enclosed herewith.

If the disabled person has been issued with the conclusion of the Medical Examination Council on self-care ability, level of working ability reduction before the day on which the Decree No. 28/2012/NĐ-CP by the Government takes effect, the Council shall base on the conclusion of the Medical Examination Council to determine the impairment levels according to the provisions in clause 3 Article 4 of the Decree No. 28/2012/NĐ-CP.

3. The determination of impairment levels shall be performed at a People’s Committee of communes or at a medical station. If a disabled person is impossible to reach the determination location specified in the notification prescribed in point a Clause 2 of this Article, the determination shall be carried at his/her residence.

4. With regard to the cases specified in clause 2 Article 15 of the Law on the disabled, the Council shall issue the applicant with a letter of introduction, list the cases and request the Medical Examination Council to take over (via the Department of Labor, War Invalids and Social Affairs)

Article 6. Procedures for the issuance of impairment certificate

1. With regard to the cases undertaken by the Council, within 05 working days from the day on which the conclusion record of the Council about impairment level of the disabled is received, the President of the People’s Committees of communes shall display the conclusion of the Council at the his/her office and issue the impairment certificate. If there is a complaint, denunciation or disagreement with the conclusion of the Council, within 05 days, the Council shall verify, inspect, make detailed conclusion and send a written response to people to have complaint/denunciation/disagreement.

2. With regard to the cases undertaken by Medical Examination Council, Presidents of People’s Committees of communes shall base on the Certificate of impairment using Form No. 07 enclose herewith according to the conclusion of Medical Examination Council about types and levels of impairment.

Article 7. The Certificate of impairment

1. The Certificate of impairment shall ensure the sufficiency of information prescribed in clause 1 Article 19 of the Law on the disabled.

2. The Certificates of impairment shall be printed on rectangular hard papers, size of 9 cm x 12 cm, on a blue background. The contents shall be typed in Times New Roman font (according to the Vietnamese character sets TCVN-6909/2001) according to Form No. 07 enclosed herewith.

3. According to the guidance in Clauses 1 and 2 of this Article, People’s Committees of provinces shall provide guidance, produce forms of the Certificate of impairment and distribute them to communes, wards and towns in local area.

Article 8. Replacement, re-issuance and revocation of the certificate of impairment

1. The procedures for replacement of the Certificate of impairment shall be followed in the following cases:

a) The Certificate of impairment is damaged and no longer usable;

b) Children with disabilities turn 6.

2. The procedures for re-issuance of the Certificate of impairment shall be followed in the following cases:

a) Types or levels of impairment are changed;

b) The Certificate of impairment is lost.

3. In case the Certificate of impairment is issued but the type and level of impairment on the certificate is found untruthful by the inspecting agency, then the Certificate shall be revoked. 

Article 9. Procedures and process for the replacement, re-issuance and revocation of the Certificate of impairment

1. The disabled person or his/her legal representative who requests replacement or re-issuance of the Certificate of impairment shall submit 01 application form using the Form No. 01 enclosed herewith and submit it to People’s Committees of communes where the disabled reside.

People’s Committees of communes shall reissue the Certificate and revoke the old Certificate concurrently.

2. 05 working days later, based on the remained document, Presidents of People’s Committees of communes shall decide whether to replace or re-issue the Certificate of impairment. Particularly for the change of type or level of impairment, the replacement and re-issuance shall be carried out in accordance with the provisions in Articles 5 and 6 of this Joint-Circular.

3. In case the Certificate of impairment is issued but the type or level of impairment is untrue, then based on the petition of the inspector/examiner agency, Presidents of People’s Committees of communes shall revoke and replace the Certificate with the Certificate conformable to the real type and level of impairment.