Ordinance No. 06/1998/PL-UBTVQH10 on Persons with Disabilities

ORDINANCE

Regarding persons with disabilities

Protecting, caring for, and creating conditions for persons with disabilities to integrate into society are activities of significant economic, political, social, and humanitarian value, reflecting a fine tradition of our nation;

Pursuant to Article 59, Article 67, and Article 91 of the Constitution of the Socialist Republic of Vietnam in 1992;

Pursuant to the Resolution of the 10th National Assembly, second session on the legislative program for laws and ordinances in 1998;

This Ordinance stipulates the responsibilities of families, the State, and society towards persons with disabilities; rights and obligations of persons with disabilities,

PART I
GENERAL PROVISIONS

Article 1

Persons with disabilities as defined in this Ordinance are not differentiated based on the origin causing the disability, whether they have a deficiency in one or more body parts or functions, manifesting in various forms of disability that reduce their ability to function, making labor, daily life, and study difficult.

Article 2

Persons with disabilities who are war invalids and disabled veterans as specified in Article 12 and Article 13 of the Ordinance on Preferential Treatment for Revolutionary Activists, Martyrs, and Their Families, War Invalids, Disabled Veterans, Anti-Fighting Activists, and Those Who Have Contributed to the Revolution are honored by the State and society. In addition to enjoying special preferential treatment from the State according to the law, they also enjoy the benefits provided in this Ordinance which are not covered by the special preferential treatment.

Article 3

1. The State encourages and creates favorable conditions for persons with disabilities to equally exercise political, economic, cultural, and social rights, and to utilize their capabilities to stabilize their lives, integrate into society, and participate in social activities.

2. Persons with disabilities are assisted and cared for by the State and society in terms of health care, functional recovery, job creation, and other rights as prescribed by law.

Children with disabilities and persons with disabilities resulting from Agent Orange (dioxin) during wartime are given special attention and protection by the State and society.

3. Persons with disabilities have the responsibility to overcome difficulties to integrate into society, comply with the law, public order, and respect societal morals.

Article 4

1. Parents, other members of the family, and guardians of persons with disabilities have the obligation to nurture, care for, and assist persons with disabilities in functional recovery, education, work, and participation in social activities.

2. Severely disabled persons without income sources and without support are assisted, cared for, and nurtured by the State and society at their place of residence or at state social facilities or social organizations.

3. Severely disabled persons who have relatives but are elderly and whose families are poor and unable to financially support them are entitled to social assistance.

Article 5

1. Annually, the State allocates a budget and mobilizes society to assist persons with disabilities in medical examinations, treatments, functional recovery, cultural education, vocational training, job creation, and self-stabilization of living conditions.

2. The State encourages and creates favorable conditions for domestic and foreign organizations, individuals, and overseas Vietnamese to participate in social and charitable activities to assist persons with disabilities through appropriate forms.

Article 6

State agencies, political organizations, socio-political organizations, social organizations, occupational associations, economic organizations, people's armed units, and all citizens have the responsibility to implement programs and measures to prevent disabilities; to prevent disasters and limit the risk of disabilities occurring.

, Clause 1, Clause 2 Article 7a of this Regulation.

1. Persons with disabilities may establish, join, and operate in social organizations and production and business associations of persons with disabilities in accordance with the law.

2. Organizations and individuals may establish and join organizations supporting persons with disabilities in accordance with the law.

Article 8

The Vietnam Fatherland Front and its member organizations, and other social organizations have the responsibility to mobilize the people to implement the Ordinance on Persons with Disabilities; to participate in organizing healthcare and functional recovery for persons with disabilities, especially children with disabilities; to monitor the enforcement of the law regarding persons with disabilities and to make recommendations to relevant state agencies about protecting and caring for persons with disabilities.

Article 9

All acts of discrimination, abuse, physical assault, violation of personal dignity, and honor of persons with disabilities; exploitation, luring, coercion of persons with disabilities, and the use of organizations of persons with disabilities to commit illegal acts are strictly prohibited.

PART II
HEALTH CARE AND SUPPORT FOR THE LIVELIHOOD OF PERSONS WITH DISABILITIES

Article 10

1. Persons with disabilities are entitled to disease prevention, health care, and functional recovery; they can be examined and treated at medical facilities.

2. Severely disabled persons without income sources and without support, and impoverished persons with disabilities are guaranteed free medical examination and treatment by the State.

3. Persons with severe mental illness posing a danger to society must be compulsorily treated at mental health facilities.

Article 11

1. Persons with disabilities are entitled to functional recovery and necessary orthopedic services provided by specialized agencies in collaboration with community participation. Impoverished persons with disabilities are provided with free equipment or partial funding for such equipment or guidance on making common functional recovery aids.

2. Persons with disabilities and their families are guided by health authorities on health care, functional recovery, and the use of orthopedic devices.

Article 12

1. At all levels, People's Committees cooperate with social organizations to organize suitable livelihood support methods to accommodate severely disabled persons without income sources and without support.

2. The monthly allowance for severely disabled persons without income sources and without support is determined by the Government.

In the event of death of severely disabled persons without income sources and without support, the State provides funeral assistance.

3. Livelihood support funds for severely disabled persons without income sources and without support are sourced from budgets at all levels, donations from domestic and foreign organizations and individuals, and other sources.

4. Caregivers of severely disabled persons in state social facilities are entitled to a service allowance equal to 30% of their salary grade.

Article 13

The State supports scientific research projects on persons with disabilities and the training of specialists in functional recovery for persons with disabilities.

Production bases for assistive tools and equipment for daily life, study, and work of disabled persons may borrow funds at preferential interest rates from the National Employment Fund in accordance with regulations issued by the Government.

Article 14

1. The State encourages the production of various assistive tools and equipment for daily life, study, and work of disabled persons, particularly the production that utilizes local materials and production tools.

2. Documents, tools, and specialized equipment imported for scientific research, humanitarian aid, non-repayable aid, and donated by foreign organizations and individuals for the use of disabled persons shall be exempted from import tax in accordance with tax laws.

CHAPTER III
EDUCATION FOR DISABLED PERSONS

Article 15

Disabled students are eligible for reduced or waived school fees and other contributions to the school, social allowances, and scholarships according to state regulations.

Article 16

1. The education of disabled children shall be organized and implemented through integrated learning in general schools, special schools for disabled persons, care facilities for disabled persons, and at home.

2. Disabled students with talents shall be given priority for admission to corresponding talent schools.

3. Teachers at special schools for disabled persons shall receive government-prescribed preferential allowances.

Article 17

1. Disabled students in residential educational and care institutions shall enjoy benefits and policies as prescribed by the Government.

2. The State creates favorable conditions for individuals and organizations to establish schools and classes specifically for disabled persons.

3. The State encourages foreign organizations and individuals, including overseas Vietnamese, to provide financial, professional, and technical assistance programs for the combined education and rehabilitation of disabled persons in Vietnam.

PART IV
VOCATIONAL TRAINING AND EMPLOYMENT FOR DISABLED PERSONS

Article 18

1. The State, vocational training centers, and economic organizations shall create favorable conditions for disabled persons to choose their professions, attend vocational training, self-create jobs, and work from home, in accordance with their health and labor capabilities.

Disabled persons attending vocational training shall have their tuition fees reduced or waived and shall receive social allowances as prescribed by the Government.

2. Organizations and individuals from all economic sectors that recruit disabled persons for vocational training, employment, and job creation shall enjoy preferential treatment under labor laws.

Article 19

Vocational training centers that recruit disabled persons for training, and centers exclusively for disabled persons shall be eligible for reduced or waived taxes, preferential loans based on vocational training projects, land allocation or leasing by localities in convenient locations for training purposes; and government support for building schools and purchasing teaching equipment and training teachers.

Article 20

1. Disabled persons who self-create jobs and work from home shall receive preferential loans and local authorities shall assist them with technology transfer, production guidance, and product marketing.

2. Employment service centers shall assist and reduce or waive fees for disabled persons seeking career guidance, vocational counseling, vocational training, and job search.

Article 21

1. Administrative and public service agencies shall not refuse to employ disabled persons who meet the criteria for suitable positions when there is a need for recruitment.

2. The hiring of disabled persons in enterprises of all ownership forms shall be carried out in accordance with labor laws.

3. When employing disabled workers, employers must comply with the Labor Code and specific regulations concerning disabled workers.

Article 22

Production and business establishments exclusively for disabled persons shall be exempt from taxes, receive low-interest loans based on development projects, and be eligible for loan or capital support from the Employment Fund for Disabled Persons, and may lease land from localities in convenient locations for production and business activities.

Article 23

1. Capital for production and business establishments exclusively for disabled persons shall be formed from contributions by members, supported or lent capital from the Employment Fund for Disabled Persons based on approved projects, share capital contributions from individuals and organizations, and charitable funding from domestic and foreign organizations and individuals.

2. Capital provided by the State and assisted by domestic and foreign organizations and individuals for vocational training centers and production and business establishments exclusively for disabled persons must be managed and utilized to serve the common interests of disabled persons and shall not be distributed to individuals.

CHAPTER V
CULTURAL, SPORTS, AND PHYSICAL ACTIVITIES OF DISABLED PERSONS

AND THE USE OF PUBLIC FACILITIES BY DISABLED PERSONS

"d) Within no more than one working day from the date of receiving the dossier submitted for administrative procedures by the specialized agency assigned by the Provincial People's Committee, the Chairman of the Provincial People's Committee shall issue a notification of the result of the inspection of plant-based food exports or a certificate at the request of the importing country."

The State and society shall create favorable conditions for disabled persons to develop their creative potential in literature, art, sports, science, and technology; participate in domestic and international creative, performance, and competition activities, and other cultural and sports activities appropriate to their abilities and health.

Article 25

Cultural and sports facilities shall facilitate and prioritize assistance for disabled persons with needs for cultural activities, physical exercise, and sports; equip appropriate technical means and effectively assist in practicing special sports for disabled persons.

Article 26

Investment in new construction or renovation of housing and public facilities and design and manufacture of living tools and transportation and communication devices must consider the convenience of use for disabled persons, especially those with mobility and visual impairments, while adhering to construction standards and norms issued by competent state agencies. public display and the design and manufacture of household items, transportation means, and communication tools must take into account the convenient usage needs of persons with disabilities, primarily those with mobility, visual impairments, while also complying with construction standards and technical regulations issued by competent state authorities.

Chapter VI
STATE MANAGEMENT OF THE PROTECTION AND CARE OF DISABLED PERSONS

Article 27

State management of the protection and care of disabled persons includes the following main contents:

1. Issuing, amending, supplementing, guiding the implementation, and organizing the enforcement of legal documents on disabled persons and policies and systems for disabled persons.

2. Classify disabilities, specify levels of disability, and compile statistics on the number and structure of disabled persons according to types, degrees, and causes of disability as a basis for formulating policies and preventive measures against disability and assistance for disabled persons;

3. Establish and organize the implementation of programs and projects on socializing assistance for disabled persons;

4. International cooperation relations in the field of protecting and caring for disabled persons;

5. Organize mid-term and final reviews of the implementation of policies and regulations for disabled persons;

6. Inspect and supervise the implementation of laws on disabled persons, resolve complaints and reports regarding violations of policies and regulations for disabled persons;

7. Reward outstanding achievements and handle violations of laws on disabled persons;

Article 28

1. The Government shall uniformly manage state affairs concerning the protection and care of disabled persons throughout the country;

2. The Ministry of Labor, Invalids and Social Affairs shall be responsible for managing state affairs concerning the protection and care of disabled persons;

3. Ministries, agencies at the ministerial level, and agencies under the Government within their respective functions, tasks, and authorities shall coordinate with the Ministry of Labor, Invalids and Social Affairs to manage state affairs concerning the protection and care of disabled persons;

4. People's Committees at all levels within their respective functions, tasks, and authorities shall be responsible for managing state affairs concerning the protection and care of disabled persons in their localities;

Article 29

The Government directs sectors and levels to establish programs for preventing disability and assisting disabled persons, especially severely disabled persons without income sources or support, poor disabled persons, disabled persons in rural areas, mountainous regions, and remote areas;

Article 30.

1. The humanitarian fund for assisting disabled persons shall be established in various forms, either in cash or in kind, receiving humanitarian or charitable donations from the people, economic organizations, political organizations, socio-political organizations, social organizations, and foreign organizations and individuals supporting the fund to increase financial resources for assisting disabled persons;

2. The Vietnam Fatherland Front and its member organizations shall mobilize various strata of the people, economic organizations, and social organizations to build the humanitarian fund for assisting disabled persons on a voluntary basis;

The Government shall stipulate the establishment and operation of the humanitarian fund for assisting disabled persons;

Article 31

April 18 each year shall be designated as Disability Protection and Care Day;

Chapter VII
REWARD AND DISCIPLINARY ACTION FOR VIOLATIONS

Article 32

Organizations and individuals who have outstanding achievements in protecting and caring for disabled persons or who contribute to detecting and preventing violations of laws on disabled persons, and disabled persons who have achievements in study, work, and social activities shall be rewarded according to the general reward system of the State;

Article 33

Persons who violate the provisions of this Ordinance, infringe upon the legitimate rights and interests of disabled persons; persons responsible for raising and caring for disabled persons who shirk their responsibilities or mistreat disabled persons; persons who take advantage of others' disabilities; disabled persons who take advantage of their own disabilities to commit acts violating the law shall be subject to disciplinary action, administrative penalties, or criminal prosecution depending on the nature and degree of violation; if damage is caused, they must provide compensation in accordance with the law;

Chapter VIII
IMPLEMENTING PROVISIONS

Article 34

1. Foreigners residing in Vietnam who are disabled shall be subject to certain provisions of this Ordinance as prescribed by the Government, except where international treaties to which the Socialist Republic of Vietnam is a party provide otherwise;

2. This Ordinance shall take effect from November 1, 1998.

Previous regulations contrary to this Ordinance are abolished.

Article 35

The Government shall provide detailed regulations and guidance for the implementation of this Ordinance./.