Circular No. 13/2000/TT-BLDTBXH of the Ministry of Labor, Invalids and Social Affairs guiding the implementation of certain provisions of Decree No. 55/1999/NĐ-CP dated July 10, 1999 of the Government detailing the implementation of certain provisions of the Ordinance on Persons with Disabilities.

CIRCULAR

ofPURSUANT to Decree No. 55/1999/NĐ-CP dated July 10, 1999 of the Government detailing the implementation of certain provisions of the Ordinance on Persons with Disabilities, the Ministry of Labor, Invalids and Social Affairs guides the implementation of some provisions of this Decree as follows:

BASED on Decree No. 55/1999/NĐ-CP dated July 10, 1999 of the Government detailing the implementation of certain provisions of the Ordinance on Persons with Disabilities, the Ministry of Labor, Invalids and Social Affairs guides the implementation of some provisions of this Decree as follows:

I. SOCIAL ASSISTANCE REGIME

1. Persons with severe disabilities who are entitled to social assistance under Article 6 of Decree No. 55/1999/NĐ-CP dated July 10, 1999 of the Government must meet all three of the following conditions:

a/ Unable to work.

b/ Lack income sources to ensure a living standard. In cases where there is income but still fall within the poverty line as defined and applied by the Ministry of Labor, Invalids and Social Affairs for each period.

c/ Have no relatives to support such as biological or legally adopted parents; spouse; biological or legally adopted children.

In cases where persons with severe disabilities meet the conditions specified in points a and b but have relatives as stipulated in point c above, but those relatives are under 16 years old or over 60 years old, and the family falls within the poverty line, they may also be considered for social assistance.

2. The regular social assistance level for persons with severe disabilities as prescribed in Article 6 of the aforementioned Decree shall be set at the minimum level. The Chairman of the People's Committee of the province may adjust it according to local circumstances, but it must not be lower than the prescribed level:

- Regular social assistance for individuals living at home managed by communes or wards is 45,000 VND/person/month;

- Social assistance for centralized care at state social welfare facilities is 100,000 VND/person/month; for individuals with chronic mental illness receiving centralized care, it is 115,000 VND/person/month;

3. Persons with severe disabilities wishing to receive social assistance must themselves or their relatives submit an application detailing their family situation and requesting the People's Committee of the commune to consider and propose to the People's Committee of the district for decision.

Persons with severe disabilities without income sources and without support, who are in particularly difficult circumstances, wishing to be cared for at state social welfare facilities must themselves or their relatives submit an application to the competent authority for decision (using Form No. 01 or 02).

II. REGIME OF SUPPORT IN HEALTH CARE

Free medical examination and treatment for persons with severe disabilities without income sources and without support, individuals with schizophrenia, and poor persons with disabilities as prescribed in Article 7 of Decree No. 55/1999/NĐ-CP dated July 10, 1999 of the Government shall be implemented in accordance with Circular Joint No. 05/TT-LT BLĐTBXH-BYT-BTC dated January 29, 1999 of the Joint Ministries: Labor, Invalids and Social Affairs, Health, and Finance guiding the implementation of Decree No. 95/CP dated August 27, 1994 of the Government.

III. REGIME OF SUPPORT IN EDUCATION

Exemption, reduction of school fees, consideration for scholarships, and social assistance as prescribed in Article 10 of Decree No. 55/1999/NĐ-CP dated July 10, 1999 of the Government shall be implemented in accordance with Decision No. 1121/1997/QĐ-TTg dated December 23, 1997 of the Prime Minister regarding scholarships and social assistance for students in public training institutions, Circular Joint No. 53/1998/TT-LT BGD&ĐT, BTC, BLĐ-TB&XH dated August 25, 1998 guiding the implementation of scholarship and social assistance regimes for students in public training institutions; Decision No. 70/QĐ-TTg dated March 31, 1998 of the Prime Minister regarding the collection and use of tuition fees in public educational and training institutions within the national education system.

IV. IMPLEMENTATION

1. The People's Committee of the commune has the responsibility:

+ To compile a list of persons with disabilities as stipulated in point 1 of Part I of this Circular through the Commune Review Board to request social assistance, for persons with severe disabilities in particularly difficult circumstances, to request placement in social welfare facilities.

+ To establish a Review Board consisting of the Chairman or Vice-Chairman of the People's Committee as Chairperson, members including representatives from the Fatherland Front, several departments, and labor, invalids, and social affairs officers as permanent members. The Review Board must issue a conclusion in the form of a minutes (using Form No. 03).

After being approved by the Review Board, the Chairman of the People's Committee of the commune must send a letter to the Chairman of the People's Committee of the district for consideration and decision. The letter must include the minutes of the Review Board, a list of those requesting assistance, and the file of persons with severe disabilities in particularly difficult circumstances.

+ To maintain a record and implement monthly social assistance payments for persons with disabilities in the locality.

+ To facilitate the reintegration of individuals returning from social welfare facilities into society. To create favorable conditions for persons with disabilities to stabilize their lives and integrate into the community.

2. The Department of Labor, Invalids, and Social Affairs of the district has the responsibility:

+ To compile a list of persons with severe disabilities proposed for social assistance by the People's Committee of the commune; based on the county's social assistance budget capacity and guidance from the Provincial Department of Labor, Invalids, and Social Affairs, report to the Chairman of the People's Committee of the district for decision on community-based assistance (using Forms 04 and 05).

+ For persons with severe disabilities in particularly difficult circumstances proposed for placement in social welfare facilities by the commune, complete the application file for review and decision by the Provincial Department of Labor, Invalids, and Social Affairs (using Form No. 06).

+ To guide the commune in organizing the implementation of policies to assist persons with disabilities.

3. The Provincial Department of Labor, Invalids, and Social Affairs has the responsibility:

+ To guide subordinate agencies in conducting surveys, statistics, and maintaining records of persons with disabilities.

+ Annually, based on the number and level of assistance for each category, prepare a social assistance budget plan to be submitted to the Provincial Department of Finance and Planning and Investment for approval by the Chairman of the People's Committee of the province and to guide the District Departments of Labor, Invalids, and Social Affairs in implementing the plan.

+ To issue a decision to accept persons with severe disabilities in particularly difficult circumstances into social welfare facilities under its management (using Form 07).

4. Social Welfare Facilities have the responsibility:

+ Accepting persons with disabilities according to the decision of the competent authority, ensuring their material, cultural, and spiritual life through care and management by the facility.

+ Mobilizing agencies, organizations, and individuals to assist persons with disabilities, managing and utilizing mobilized resources in accordance with current regulations to improve their material and spiritual lives.

+ Implementing measures for persons with disabilities to practice health recovery, orthopedic rehabilitation, and occupational therapy to protect their health and enhance their ability to reintegrate into society, coordinating with localities to organize their return when they meet the necessary conditions.

+ Deciding to return rehabilitated and stable persons with disabilities to their place of origin (using Form 08).

V. IMPLEMENTATION PROVISIONS

- This Circular is accompanied by templates from 01 to 08 for consistent implementation and becomes effective 15 days after the date of signature.

- All previous provisions contrary to this Circular are abolished.

In the course of implementation, if there are any difficulties, please promptly report them to the Ministry of Labor - Invalids and Social Affairs for study and resolution.