Joint Circular No. 16/LB-TT guiding the assessment of disability for war invalids and persons receiving benefits equivalent to those of war invalids

CIRCULAR

MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS - HEALTH

Guidelines for the assessment of disabilities for war invalids and persons entitled to benefits similar to those of war invalids

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In recent years, the Ministry of Labor - Invalids and Social Affairs and the General Confederation of Labor of Vietnam have closely coordinated and directed medical examinations and resolved rights and benefits for many war invalids and persons entitled to benefits similar to those of war invalids.

However, currently, there is a significant demand from war invalids and persons entitled to benefits similar to those of war invalids to re-examine their disabilities to determine the percentage of lost working capacity due to disability (as stipulated in Article 29 of Decree No. 28/CP dated April 29, 1995 of the Government guiding the Ordinance on Preferential Treatment for Revolutionary Activists, Martyrs, and Their Families, War Invalids, Veterans with Disabilities, and Persons Contributing to the Revolution) and, at the same time, continue to resolve post-war policy issues (as stipulated in Circular No. 18/LB-TT dated December 31, 1991 of the Ministry of Labor - Invalids and Social Affairs - Defense).

To facilitate military personnel injured during wars for national defense who have been transferred out of the military and those injured and entitled to benefits similar to those of war invalids but not yet examined for disabilities, the Ministry of Labor - Invalids and Social Affairs and Health hereby promulgates the following guidelines:

I. ASSIGNMENT TO PROVINCE AND CITY MEDICAL ASSESSMENT BOARDS FOR RESOLUTION

1. Conduct initial disability assessments for cases injured during the anti-French resistance period that remain pending according to Circular No. 18/LB-TT dated December 31, 1991.

2. Organize supplementary examinations for war invalids and persons entitled to benefits similar to those of war invalids as prescribed in this Circular.

 II. CONDITIONS AND PROCEDURES FOR ORGANIZING SUPPLEMENTARY EXAMINATIONS FOR WAR INVALIDS AND PERSONS ENTITLED TO BENEFITS SIMILAR TO THOSE OF WAR INVALIDS
The provincial and centrally-administered city Medical Assessment Boards must be fully organized according to the model prescribed by the Ministry.

1. Conditions:

These boards must undergo training in specialized knowledge and procedures before conducting supplementary examinations.

2. Procedures:

a. The Department of Labor - Invalids and Social Affairs has the responsibility to receive files of injured individuals transferred from various agencies or applications for re-examination of disabilities from war invalids and persons entitled to benefits similar to those of war invalids. After reviewing, if they meet the conditions for referral for disability examination, they shall complete all necessary procedures according to current regulations and then directly deliver the file to the Ministry of Labor - Invalids and Social Affairs (Department of War Invalids and Martyrs' Policies) or transfer it via official letter.

b. The Department of War Invalids and Martyrs' Policies has the responsibility to review the procedural files and transfer those with complete procedures to the Central Institute of Medical Examination for professional classification.

c. The Central Institute of Medical Examination, after reviewing the professional classification, will transfer the files authorized for examination at the local level to the Department of Labor - Invalids and Social Affairs of the province or centrally-administered city.

d. Upon receiving the files, the Department of Labor - Invalids and Social Affairs will arrange for the war invalid to be examined by the provincial or centrally-administered city Medical Assessment Board.

e. The provincial or centrally-administered city Medical Assessment Board has the responsibility to promptly assess the disabilities of the war invalid, then submit five copies of the examination record, extracts, or original injury certificates along with pre-approved lists to the Central Institute of Medical Examination.

f. The Central Institute of Medical Examination will review and approve the examination results and transfer the files back to the Department of Labor - Invalids and Social Affairs for benefit resolution for the war invalid.

3. For files not within the scope of delegation or authorization, the Central Institute of Medical Examination will directly schedule the war invalid for examination at the Central Institute of Medical Examination.

1. While waiting for all provincial and centrally-administered city Medical Assessment Boards nationwide to be fully equipped to organize supplementary examinations, the Ministry temporarily delegates ten provincial and centrally-administered city Medical Assessment Boards to conduct pilot supplementary examinations for war invalids and persons entitled to benefits similar to those of war invalids:

III. IMPLEMENTATION

3. Thai Binh

3. The Ministry assigns the Central Institute of Medical Examination under the Ministry of Health and the Department of War Invalids and Martyrs' Policies under the Ministry of Labor - Invalids and Social Affairs to organize specialized and procedural training for provincial and centrally-administered city Medical Assessment Boards authorized to conduct supplementary examinations for war invalids. At the same time, they should organize experience sharing and report to the Ministry to provide a basis for further delegating examinations to other provincial and centrally-administered city Medical Assessment Boards across the country.

This Circular takes effect from the date of issuance. Previous regulations contrary to this Circular are abolished.

During implementation, if there are any difficulties, units and localities should reflect them to the Ministry of Labor - Invalids and Social Affairs (Department of War Invalids and Martyrs' Policies) and the Ministry of Health (Treatment Department, Central Institute of Medical Examination) for study, revision, and supplementation to ensure appropriateness.

During the process of organizing and implementing, if there are any difficulties, units and localities shall report to the Ministry of Labor, War Invalids and Social Affairs (Department of Policy for War Invalids and Martyrs) and the Ministry of Health (Department of Treatment, Central Institute of Medical Examination and Diagnosis) for research, amendment, and supplementation to ensure appropriateness.