Circular No. 01/2019/TT-BLDTBXH on the determination of disability levels to be carried out by the Disability Level Determination Council

CIRCULAR

Regulations on the determination of disability levels by the Disability Level Determination Council

to implement

Pursuant to the Law on Persons with Disabilities dated June 17, 2010;

Pursuant to Decree No. 28/2012/NĐ-CP dated April 10, 2012 of the Government detailing and guiding the implementation of certain provisions of the Law on Persons with Disabilities (hereinafter referred to as Decree No. 28/2012/NĐ-CP);

Pursuant to Decree No. 14/2017/NĐ-CP dated February 17, 2017, of the Government, stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

At the proposal of the Director of the Social Assistance Administration;

The Minister of Labor, Invalids and Social Affairs issues this Circular regulating the determination of disability levels by the Disability Level Determination Council,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Thông tư này quy định chi tiết khoản 4 Điều 38 Luật Thủy sản số 18/2017/QH14 đã được sửa đổi, bổ sung tại điểm c khoản 21 Điều 14 Luật số 146/2025/QH15.

This Circular regulates the activities of the Disability Level Determination Council (hereinafter referred to as the Council); methods for determining types and levels of disabilities; procedures, documents, and processes for determining disability levels; issuance, reissuance, replacement, and revocation of Disability Confirmation Certificates; funding for disability level determination.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) State management agencies for persons with disabilities;

b) Disability Level Determination Council;

c) Members of the Disability Level Determination Council;

d) Persons with disabilities;

đ) Legal representatives of persons with disabilities;

e) Other related agencies, organizations, and individuals.

PART II

ACTIVITIES OF THE DISABILITY LEVEL DETERMINATION COUNCIL,

METHODS FOR DETERMINING DISABILITY LEVELS

Article 2. Activities of the Disability Level Determination Council

1. The Disability Level Determination Council shall be established by the Chairman of the People's Committee at the commune, ward, or town level (hereinafter referred to as the commune level) and shall consist of the following members:

a) The Chairman of the People's Committee at the commune level shall be the Chairman of the Council;

b) The head of the commune-level health station;

c) A commune-level civil servant responsible for labor, invalids, and social affairs work;

d) The head or deputy head of the Vietnam Fatherland Front, Women's Union, Youth Union, or Veterans' Association at the commune level;

đ) The head of the organization of persons with disabilities at the commune level where such an organization exists.

2. The Disability Level Determination Council shall operate in accordance with Clause 3 and Clause 4 of Article 16 of the Law on Persons with Disabilities.

3. The Council shall have the task of determining the type and level of disability; re-determining the level of disability for persons with disabilities when there is an event that changes the level of disability.

4. Responsibilities of Council members:

a) The Chairman of the Council shall be responsible for organizing and chairing the Council's activities.

b) The commune-level civil servant responsible for labor, invalids, and social affairs work shall be responsible for:

- Guiding and inspecting persons with disabilities or their legal representatives to complete the disability level determination documents;

- Seeking opinions from educational institutions regarding information about the person whose disability level is being determined if they are currently studying, including difficulties in learning, living, communication, and recommendations on the type and level of disability according to Model No. 04 issued together with this Circular; inviting representatives of educational institutions within the commune (where the subject studies) to attend Council meetings to determine the disability level (if necessary);

- Filling out the Disability Level Determination Form according to Model No. 02 or Model No. 03 issued together with this Circular based on the Council's conclusions;

- Recording minutes of Council meetings;

- Drafting documents, completing, and retaining Council documents;

- Performing other tasks assigned by the Chairman of the Council.

c) The head of the commune-level health station shall be responsible for:

- Providing relevant medical information to the Council;

- Performing other tasks assigned by the Chairman of the Council.

d) Council members shall be responsible for participating in the determination of disability levels; attending Council meetings, and performing other tasks assigned by the Chairman of the Council.

5. The Chairman of the People's Committee at the commune level shall be responsible for issuing decisions to replace or supplement Council members.

6. The Council shall have the same term as the People's Committee at the commune level.

7. The Council may use the seal of the People's Committee at the commune level.

Article 3. Method for determining the type and degree of disability

1. The method for determining the degree of disability shall be carried out in accordance with the provisions of Clause 1, Article 17 of the Law on Persons with Disabilities. The Council will directly observe persons with disabilities through performing simple activities serving daily living needs, using a set of questions based on medical and social criteria specified in the Disability Degree Determination Form issued together with this Circular, and other simple methods to determine the type and degree of disability for each person with disabilities.

2. Determining the type and degree of disability for children under six years old

The Council bases on the application for determination of the degree of disability, uses the method for determining the degree of disability prescribed in Clause 1 of this Article; interviews the lawful representative of the child and uses the "Disability Degree Determination Form for Children Under Six Years Old" according to Model No. 02 issued together with this Circular to determine the type and degree of disability.

3. Determining the type and degree of disability for persons aged six years and above

The Council bases on the application for determination of the degree of disability, uses the method for determining the degree of disability prescribed in Clause 1 of this Article, interviews the person whose degree of disability is being determined or the lawful representative of the person with disabilities and uses the "Disability Degree Determination Form for Persons Aged Six Years and Above" according to Model No. 03 issued together with this Circular to determine the type and degree of disability.

Chapter III

FILES, PROCEDURES AND PROCEDURAL STEPS FOR DETERMINING THE DEGREE OF DISABILITY;

ISSUANCE, RENEWAL, REISSUANCE, AND REVOCATION OF DISABILITY CONFIRMATION CERTIFICATE

Article 4. Files for requesting determination, re-determination of the degree of disability; issuance, renewal, reissuance of the Disability Confirmation Certificate

1. Application for determination, re-determination of the degree of disability and issuance, renewal, reissuance of the Disability Confirmation Certificate according to Model No. 01 issued together with this Circular.

2. Copies of relevant documents related to disability (if any), such as: medical records, examination and treatment certificates, surgery certificates, previous Disability Confirmation Certificates, and other related documents.

3. Copies of the conclusion of the Medical Examination Board regarding self-care ability and reduction in work capacity for cases where persons with disabilities have had conclusions from the Medical Examination Board before the effective date of Decree No. 28/2012/NĐ-CP or other related documents (if any).

4. In cases stipulated in Clause 1, Article 8 and point b, Clause 2, Article 8, there is no need to submit the documents prescribed in Clauses 2 and 3 of this Article.

Article 5. Procedures and procedural steps for implementing the determination, re-determination of the degree of disability

- Identity card or citizen identification card of the subject or their lawful representative.

- Birth certificate for children.

- Household registration book of the subject or their lawful representative.

2. Within twenty working days from the date of receipt of the application file, the Chairman of the Council shall be responsible for:

a) Sending a reference letter to educational institutions regarding the difficulties in studying, living, communicating, and recommending the type and degree of disability of the person with disabilities who is currently attending school according to Model No. 04 issued together with this Circular;

b) Summoning members, sending notifications about the time and place for determining the degree of disability to the person with disabilities or their lawful representatives;

c) Organizing the assessment of the type and degree of disability of the person with disabilities according to the method prescribed in Article 3 of this Circular; establishing files and minutes of the conclusion on the type and degree of disability.

For cases where persons with disabilities have had conclusions from the Medical Examination Board regarding self-care ability and reduction in work capacity before the effective date of Decree No. 28/2012/NĐ-CP of the Government, the Council bases on the conclusions of the Medical Examination Board to determine the degree of disability in accordance with Clause 3, Article 4 of Decree No. 28/2012/NĐ-CP;

d) Meeting minutes of the Council recorded according to Model No. 05 issued together with this Circular.

3. The process of determining the degree of disability shall be conducted at the People's Committee of the commune or Health Station. In cases where persons with disabilities cannot reach the designated location, the Council will conduct observations and interviews with the person with disabilities at their place of residence.

4. In cases where the Council cannot make a conclusion on the degree of disability; the person with disabilities or their lawful representative disagrees with the Council's conclusion or has verified evidence that the Council's determination of the degree of disability is not objective or accurate, the Council shall transfer the file to the Medical Examination Board in accordance with the law.

Article 6. Procedures and sequence for issuing the Disability Confirmation Certificate

1. In cases where the Council implements, within five working days from the date of the Council's conclusion on the type and degree of disability, the Chairman of the People's Committee at the commune level shall publicly post and announce the Council's conclusions at the People's Committee office and issue the Disability Confirmation Certificate. If there are complaints, reports, or disagreement with the Council's conclusions, within five working days, the Council will conduct verification, review, make specific conclusions, and respond in writing to the complainant or reporter.

2. In cases where the Medical Appraisal Council determines and concludes on the type and degree of disability, within five working days from receiving the Medical Appraisal Council's conclusion, the Chairman of the People's Committee at the commune level shall issue the Disability Confirmation Certificate.

Article 7. The Disability Confirmation Certificate

1. The Disability Confirmation Certificate must include all basic contents prescribed in Clause 1, Article 19 of the Law on Persons with Disabilities.

2. The Disability Confirmation Certificate is rectangular, measuring 66 mm x 98 mm, with a light blue background, using Times New Roman font (according to the Vietnamese standard code TCVN-6909/2001) according to Model No. 06 issued together with this Circular.

3. Provincial Departments of Labor, Invalids, and Social Affairs organize the printing of blank Disability Confirmation Certificates to be provided to the People's Committees at the commune level within their jurisdiction.

Article 8. Reissuing, replacing, and revoking the Disability Confirmation Certificate

1. The following situations require procedures for replacing the Disability Confirmation Certificate:

a) The Disability Confirmation Certificate contains incorrect information compared to the Identity Card, Citizen Identification Card, or other legally valid documents;

b) The Disability Confirmation Certificate is damaged and cannot be used.

2. The following situations require procedures for reissuing the Disability Confirmation Certificate:

a) Changes in the type or degree of disability;

b) Loss of the Disability Confirmation Certificate;

c) Persons with disabilities aged six years or older, except those with particularly severe disabilities specified in points 1.1, 1.2, 1.5, 1.6, and 1.7 of Section IV of Model No. 02 issued together with this Circular.

3. In cases where a person has already been issued a Disability Confirmation Certificate but the competent authority concludes that the type or degree of disability is incorrect, the Disability Confirmation Certificate must be revoked.

Article 9. Procedures and sequence for reissuing, replacing, and revoking the Disability Confirmation Certificate

1. When there is a need to replace or reissue the Disability Confirmation Certificate, persons with disabilities or their lawful representatives submit an application according to Model No. 01 issued together with this Circular to the People's Committee at the commune level where the person with disabilities resides.

The People's Committee at the commune level reissues the Disability Confirmation Certificate while simultaneously revoking the old Disability Confirmation Certificate.

2. Within five working days, the Chairman of the People's Committee at the commune level decides to replace or reissue the Disability Confirmation Certificate based on the files currently held.

For cases stipulated in point a and point c, Clause 2, Article 8 of this Circular, provisions of Articles 5 and 6 of this Circular shall apply.

3. Within five working days from the date of receipt of the written conclusion of the competent authority regarding the issuance of the Disability Confirmation Certificate with incorrect type or degree of disability, the Chairman of the People's Committee at the commune level shall revoke the Disability Confirmation Certificate in accordance with the law.

Chapter IV

EXPENSES FOR IMPLEMENTATION

Article 10. Implementation funds, contents, and expenditure levels

1. Implementation funds for determining the degree of disability shall be allocated in the annual budget estimate of the commune-level state budget in accordance with the provisions of the State Budget Law and related legal normative documents.

2. Expenditure for the work of identifying the form of disability, the degree of disability, and issuing the Disability Confirmation Certificate includes:

a) Office supplies expenses; printing of the Disability Confirmation Certificate, forms; purchasing books, materials to serve management work. The actual payment amount is based on the approved budget estimate.

b) Expenses for meetings of the Disability Degree Determination Council:

- Chairperson of the Council up to VND 70,000/person/session;

- Participants up to VND 50,000/person/session;

- Water expenses for participants. Maximum expense up to VND 15,000/person/session.

c) Medical examination fees: Implemented in accordance with Circular No. 243/2016/TT-BTC dated November 11, 2016 of the Ministry of Finance regarding the level of charges, collection, management, and use of medical examination certificate fee determination.

3. Expenditure for disseminating and popularizing related documents concerning the work of determining the degree of disability; training and professional development expenses for members of the implementing council in accordance with relevant laws.

CHAPTER V

IMPLEMENTATION

Article 11. Responsibilities of agencies

1. Responsibilities of the Commune People's Committee

a) Disseminating and popularizing policies and laws on determining the degree of disability. Organizing the identification and re-determination of the degree of disability for persons with disabilities within its jurisdiction in accordance with the law, including those living at social assistance facilities located within its jurisdiction;

b) Periodically before June 15 and December 15 each year, compiling and reporting on the work of determining the degree of disability to the Department of Labor, Invalids, and Social Affairs according to Form No. 07 issued together with this Circular.

2. Responsibilities of the Department of Labor, Invalids, and Social Affairs

a) Guiding implementation and inspecting the work of determining the degree of disability within its jurisdiction;

b) Periodically before June 30 and December 31 each year, compiling and reporting on the work of determining the degree of disability within its jurisdiction to the Provincial Department of Labor, Invalids, and Social Affairs according to Form No. 08 issued together with this Circular.

3. Responsibilities of the Provincial Department of Labor, Invalids, and Social Affairs

a) Guiding implementation and inspecting the work of determining the degree of disability within its jurisdiction;

b) Periodically before January 15 and July 15 each year, compiling and reporting on the work of determining the degree of disability to the Ministry of Labor, Invalids, and Social Affairs according to Form No. 08 issued together with this Circular.

4. The Ministry of Labor, Invalids, and Social Affairs shall study, guide, and implement the application of information technology in the process of determining the degree of disability.

Article 12. Transitional Provisions

In cases where persons with disabilities have been issued a Disability Confirmation Certificate prior to the effective date of this Circular, they shall not need to re-determine the degree of disability unless the person with disabilities or their legal representative requests a re-determination of the degree of disability; there is an event that changes the degree of disability or other cases as prescribed by law.

Article 13. Implementation Provisions

This Circular takes effect from March 15, 2019, replacing Joint Circular No. 37/2012/TTLT/BLDTBXH-BYT-BTC-BGDĐT dated December 28, 2012 of the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Health, the Ministry of Finance, and the Ministry of Education and Training on the determination of the degree of disability by the Disability Degree Determination Council.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

1. Relevant ministries, sectors, provincial people's committees, and centrally-administered city people's committees shall, in accordance with their assigned functions and tasks, direct and organize implementation in accordance with the provisions of this Circular.

2. During the implementation period, if there are difficulties, agencies, organizations, and individuals are requested to promptly reflect them to the Ministry of Labor, Invalids, and Social Affairs for guidance, consideration, and resolution./.