JOINT CIRCULAR No. 12/1995/TTLB OF THE MINISTRIES OF HEALTH, LABOR, INVALIDS AND SOCIAL AFFAIRS dated July 26, 1995, stipulates standards for disabilities and new diseases.

CIRCULAR

OF THE MINISTRY OF HEALTH AND MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS DECREE NO. 12/TTLB DATED JULY 26, 1995 ON STANDARDS FOR DISABILITY AND NEW DISEASE STANDARDS

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BASED ON THE ORDINANCE ON PRIVILEGES FOR REVOLUTIONARY ACTIVISTS, MARTYRS AND THEIR FAMILIES, DISABLED PERSONS, VETERANS WITH DISEASES, PERSONS WHO PARTICIPATED IN THE RESISTANCE WAR, AND PERSONS WHO HELPED THE REVOLUTIONARY MOVEMENT, AND GOVERNMENT DECREE NO. 28-CP DATED APRIL 29, 1995 PROVIDING GUIDELINES FOR IMPLEMENTATION OF CERTAIN PROVISIONS OF THE ORDINANCE.

BASED ON THE RESULTS OF RESEARCH TO AMEND AND IMPROVE CURRENT STANDARDS FOR DISABILITY (ISSUED WITH JOINT CIRCULAR NO. 32/TT-LB OF THE MINISTRY OF HEALTH AND MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS DATED NOVEMBER 27, 1985) AND STANDARDS FOR LOSS OF WORK CAPACITY DUE TO DISEASE (ISSUED WITH CIRCULAR NO. 32/BYT-TT OF THE MINISTRY OF HEALTH DATED AUGUST 23, 1976), AS EVALUATED AND APPROVED BY THE SCIENTIFIC AND TECHNICAL COUNCIL OF THE MEDICAL FORENSIC INSTITUTE AT THE MEETING HELD ON MAY 22, 1993, WHICH RATED THE DISABILITY STANDARDS AS EXCELLENT AND THE STANDARDS FOR LOSS OF WORK CAPACITY DUE TO DISEASE AS GOOD.

WITH THE AGREEMENT OF THE MINISTRY OF NATIONAL DEFENSE IN LETTER NO. 964-QY/4 DATED NOVEMBER 16, 1993, AND THE GENERAL UNION OF VIETNAMESE LABOUR UNIONS IN LETTER NO. 1129-TLĐ/B DATED DECEMBER 14, 1993;

THE MINISTRY OF HEALTH AND MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS ISSUES THE STANDARDS FOR DISABILITY AND STANDARDS FOR LOSS OF WORK CAPACITY DUE TO DISEASE (WITH ATTACHED GUIDELINES) AND GUIDELINES FOR IMPLEMENTATION AS FOLLOWS:

I- APPLICABLE OBJECTS

A. THE STANDARDS FOR DISABILITY ARE ALSO KNOWN AS "STANDARDS FOR PERCENTAGE OF LOSS OF WORK CAPACITY DUE TO DISABILITY" USED FOR INITIAL AND SUBSEQUENT DISABILITY ASSESSMENTS FOR THE FOLLOWING GROUPS:

1. DISABLED PERSONS AND THOSE ENTITLED TO THE SAME BENEFITS AS DISABLED PERSONS (AS PROVIDED IN ARTICLE 12 OF THE ORDINANCE ON PRIVILEGES FOR REVOLUTIONARY ACTIVISTS AND IN ARTICLE 25 OF GOVERNMENT DECREE NO. 28-CP DATED APRIL 29, 1995).

2. WORKERS INJURED IN WORK-RELATED ACCIDENTS (AS PROVIDED IN ARTICLES 3 AND 15 OF GOVERNMENT DECREE NO. 12-CP DATED JANUARY 26, 1995 ON THE REGULATIONS OF SOCIAL INSURANCE).

3. WORKERS IN SOCIETY WHO HAVE NOT BEEN REQUIRED TO JOIN THE SOCIAL INSURANCE SYSTEM BUT HAVE SUFFERED INJURIES OR ACCIDENTS WHILE PERFORMING THEIR DUTIES AND REQUIRE DISABILITY ASSESSMENTS.

B. THE STANDARDS FOR LOSS OF WORK CAPACITY DUE TO DISEASE ARE ALSO KNOWN AS "STANDARDS FOR PERCENTAGE OF LOSS OF WORK CAPACITY DUE TO DISEASE" USED FOR INITIAL AND SUBSEQUENT HEALTH ASSESSMENTS FOR THE FOLLOWING GROUPS:

1. VETERANS WITH DISEASES (AS PROVIDED IN ARTICLE 13 OF THE ORDINANCE ON PRIVILEGES FOR REVOLUTIONARY ACTIVISTS AND IN ARTICLE 42 OF GOVERNMENT DECREE NO. 28-CP DATED APRIL 29, 1995).

2. PERSONS COVERED BY THE ORDINANCE ON PRIVILEGES FOR REVOLUTIONARY ACTIVISTS WHO REQUIRE HEALTH ASSESSMENTS.

3. WORKERS SUBJECT TO THE SOCIAL INSURANCE REGULATIONS WHO HAVE SUFFERED FROM ILLNESSES THAT REDUCE OR ELIMINATE THEIR WORK CAPACITY.

4. WORKERS IN SOCIETY WHO REQUIRE HEALTH ASSESSMENTS. THE STANDARDS FOR LOSS OF WORK CAPACITY DUE TO DISEASE ARE ALSO USED FOR REFERENCE IN CASES OF EMPLOYMENT SCREENINGS, REGULAR HEALTH CHECKS, HEALTH ASSESSMENTS FOR COOPERATIVE LABOUR, OR OTHER PURPOSES (E.G., WRITING A WILL, MARRIAGE, ETC.).

II. IMPLEMENTATION

1. PROVINCE AND CITY LEVEL MEDICAL FORENSIC BOARDS UNDER THE CENTRAL GOVERNMENT, THE MINISTRY OF TRANSPORTATION, THE MINISTRY OF NATIONAL DEFENSE, THE MINISTRY OF INTERIOR, AND THE NATIONAL MEDICAL FORENSIC BOARD (INCLUDING ITS BRANCHES I AND II) ARE AUTHORISED TO ASSESS THE DEGREE OF LOSS OF WORK CAPACITY DUE TO DISABILITY AND DISEASE. - THE PRINCIPLES, PROCEDURES, AND DOCUMENTATION REQUIREMENTS FOR DISABILITY AND WORK CAPACITY ASSESSMENTS MUST COMPLY WITH LEGAL REQUIREMENTS (SEE ANNEX).

2. MEDICAL FORENSIC BOARDS AT ALL LEVELS FROM THE CENTRAL TO LOCAL LEVELS, INCLUDING THOSE IN ARMED FORCES AND SECURITY FORCES, MUST REGULARLY CARE FOR AND STRENGTHEN THEIR ORGANISATIONAL STRUCTURE (EACH BOARD SHOULD HAVE A FULL-TIME VICE CHAIRMAN) AND ENHANCE TECHNICAL EQUIPMENT AND WORKING CONDITIONS TO ENSURE THAT DISABILITY AND WORK CAPACITY ASSESSMENTS ARE THOROUGH, TIMELY, AND ACCURATE, AND COMPLY WITH LEGAL REQUIREMENTS.

3. THE JOINT MINISTRIES ASSIGN THE TREATMENT DEPARTMENT OF THE MEDICAL FORENSIC INSTITUTE (MINISTRY OF HEALTH) AND THE DEPARTMENT OF DISABLED PERSONS (MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS) TO COLLABORATE IN STUDYING AND PROPOSING THE GRANTING OF AUTHORITY TO PROVINCE AND CITY LEVEL MEDICAL FORENSIC BOARDS TO CONDUCT SUBSEQUENT DISABILITY ASSESSMENTS FOR DISABLED PERSONS IF THEY ARE CAPABLE AND EQUIPPED WITH THE NECESSARY TECHNICAL MEANS. THE NATIONAL MEDICAL FORENSIC BOARD AND THE MEDICAL FORENSIC INSTITUTE SHALL GUIDE AND MONITOR THE IMPLEMENTATION OF THIS CIRCULAR BY MEDICAL FORENSIC BOARDS AT ALL LEVELS AND SECTORS.

III. IMPLEMENTATION PROVISIONS

THIS CIRCULAR TAKES EFFECT FROM THE DATE OF ISSUE. THE STANDARDS FOR DISABILITY AND STANDARDS FOR LOSS OF WORK CAPACITY DUE TO DISEASE ARE ISSUED WITH THIS CIRCULAR. THE FOUR-CATEGORY DISABILITY CLASSIFICATION STANDARDS (ISSUED WITH JOINT CIRCULAR NO. 32-TT/LB OF THE MINISTRY OF HEALTH AND MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS DATED NOVEMBER 27, 1985) AND THE WORK CAPACITY CLASSIFICATION STANDARDS DUE TO DISEASE (ISSUED WITH CIRCULAR NO. 32-BYT/TT OF THE MINISTRY OF HEALTH DATED AUGUST 23, 1976).

ANY DIFFICULTIES ENCOUNTERED DURING IMPLEMENTATION SHOULD BE REPORTED TO THE MINISTRY OF LABOUR, INVALIDS AND SOCIAL AFFAIRS (DEPARTMENT OF DISABLED PERSONS, DEPARTMENT OF SOCIAL INSURANCE) AND THE MINISTRY OF HEALTH (TREATMENT DEPARTMENT - MEDICAL FORENSIC INSTITUTE) FOR FURTHER STUDY AND GUIDANCE.