Circular No. 26/2012/TT-BLDTBXH guiding certain provisions of Decree No. 28/2012/NĐ-CP dated April 10, 2012 of the Government detailing and guiding the implementation of certain articles of the Law on Persons with Disabilities.

 CIRCULAR
Guidelines for certain provisions of 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
The Law on Persons with Disabilities

Grounds: 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);

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

The Minister of Labour, Invalids and Social Affairs issues this Circular guiding certain provisions of 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 as follows:

Article 1. Scope of Regulation

This Circular stipulates the determination of the percentage of persons with disabilities among workers; the dossier, procedures, and process for recognizing production and business establishments employing 30% or more of their total workforce as persons with disabilities to enjoy preferential policies; the determination of social assistance and monthly care allowances; the support level for persons with disabilities living in social welfare institutions; the Village Social Assistance Review Board; conditions and authority for transferring persons with disabilities who are being cared for and supported in social welfare institutions back to live at home.

Article 2. Determination of the Percentage of Workers Who Are Persons with Disabilities

1. The percentage of workers who are persons with disabilities employed at a production and business establishment (hereinafter referred to as the Production and Business Establishment) shall be calculated by dividing the average number of workers who are persons with disabilities during the year by the average number of workers during the year at the Production and Business Establishment and multiplying by 100.

The percentage of workers who are persons with disabilities employed at the Production and Business Establishment:

Example: Enterprise A had 200 workers on its payroll in January 2011 (including 61 persons with disabilities); in April 2011, it recruited an additional 12 workers (including 3 persons with disabilities); in October, 3 workers left (including 1 person with disabilities); in December, 3 workers left.

The average number of workers in 2011 was determined as follows:

= 200 workers + 8 workers = 208 workers.

The average number of workers who are persons with disabilities in 2011 was determined as follows:

Therefore, the percentage of workers who are persons with disabilities employed at Enterprise A is calculated as: (63 workers ÷ 208 workers) x 100 = 30.28%.

2. Production and business establishments employing 30% or more of their total workforce as persons with disabilities shall enjoy certain preferential policies of the State as provided for in Clause 1, Article 9 of Decree No. 28/2012/NĐ-CP.

1. The dossier for recognition includes:

a) A request letter from the production and business establishment;

b) A copy of the decision establishing the organization or a copy of the operating permit of the establishment;

c) A list of employees who are persons with disabilities and copies of disability confirmation certificates of those listed;

d) Copies of labour contracts or recruitment decisions for persons with disabilities currently working there.

2. Recognition procedures and process:

a) Production and business establishments employing 30% or more of their total workforce as persons with disabilities shall prepare one dossier in accordance with Clause 1 of this Article and submit it (directly or via postal service) to the Department of Labour, Invalids and Social Affairs.

b) Within 15 working days from the date of receipt of the complete dossier as prescribed, the Department of Labour, Invalids and Social Affairs shall be responsible for reviewing and deciding to recognize the production and business establishment as employing 30% or more of its total workforce as persons with disabilities, or issue a notification explaining the reasons why the establishment does not meet the criteria for recognition as such.

3. Extension of the Recognition Decision:

a) The recognition decision for production and business establishments employing 30% or more of their total workforce as persons with disabilities has a validity period of 24 (twenty-four) months.

b) One month before the expiry of the recognition decision, the production and business establishment shall submit (directly or via postal service) one dossier to the Department of Labour, Invalids and Social Affairs to request an extension of the recognition decision. The dossier shall include:

- Copy of the recognition decision already issued;

- A letter requesting an extension, specifying the current total number of workers and the number of workers who are persons with disabilities, accompanied by a list of workers who are persons with disabilities, clearly noting those who started working at the establishment after the issuance of the recognition decision (if applicable);

- Copies of disability confirmation certificates and copies of labour contracts or recruitment decisions for new workers who are persons with disabilities starting work at the establishment after the issuance of the recognition decision (if applicable).

c) Within 10 working days from the date of receipt of the complete dossier as prescribed, the Department of Labour, Invalids and Social Affairs shall be responsible for reviewing and deciding to extend the recognition for the establishment for a period of 24 (twenty-four) months; or issue a notification explaining the reasons why the extension cannot be granted.

Article 4. Determination of monthly social assistance for persons with disabilities living at home, level of support for monthly care expenses

1. For provinces, centrally governed cities, ministries, central agencies, and mass organizations shall apply the standard monthly social assistance level for persons with disabilities as prescribed in current regulations.

Example 1: Mr. Nguyen Van A, 25 years old, severely disabled, residing in Province B has a standard monthly social assistance level of 180,000 VND. The coefficient to calculate Mr. A's monthly social assistance is 2.0 (coefficient for severely disabled persons). Mr. A's monthly social assistance amount is:

180,000 VND x 2.0 = 360,000 VND

Example 2: Mr. Nguyen Van B, 81 years old, severely disabled, residing in Province C has a standard monthly social assistance level of 180,000 VND. The coefficient to calculate Mr. B's monthly social assistance is 2.5 (coefficient for severely disabled elderly persons). Mr. B's monthly social assistance amount is:

180,000 VND x 2.5 = 450,000 VND

Example 3: Child Nguyen Van D, 4 years old, severely disabled, residing in Province C has a standard monthly social assistance level of 180,000 VND. The coefficient to calculate Child D's monthly social assistance is 2.5 (coefficient for severely disabled children). Child D's monthly social assistance amount is:

180,000 VND x 2.5 = 450,000 VND

Example 4: Mr. Nguyen B, 35 years old, moderately disabled, residing in Province H has a standard monthly social assistance level of 180,000 VND. The coefficient to calculate Mr. B's monthly social assistance is 1.5 (coefficient for moderately disabled persons). Mr. B's monthly social assistance amount is: 180,000 VND x 1.5 = 270,000 VND

Example 5: Mr. Nguyen Van Y, 80 years old, moderately disabled, residing in Province Y has a standard monthly social assistance level of 180,000 VND. The coefficient to calculate Mr. Y's monthly social assistance is 2.0 (coefficient for moderately disabled elderly persons). Mr. Y's monthly social assistance amount is:

180,000 VND x 2.0 = 360,000 VND

Example 6: Child Nguyen Van D, 5 years old, moderately disabled, residing in Province C has a standard monthly social assistance level of 180,000 VND. The coefficient to calculate Child D's monthly social assistance is 2.0 (coefficient for moderately disabled elderly persons and moderately disabled children). Child D's monthly social assistance amount is: 180,000 VND x 2.0 = 360,000 VND.

2. For localities applying standards set by the Chairman of the People's Committee of provinces and centrally governed cities, the monthly social assistance level shall be determined as follows:

Example 1: The standard monthly social assistance level of Province Y is 200,000 VND/person/month. Mr. Tran Van An, 66 years old, severely disabled, residing in Province Y. Mr. Tran Van An receives the highest social assistance coefficient of 2.5 (coefficient for severely disabled elderly persons). Mr. Tran Van An's monthly social assistance amount is: 200,000 VND x 2.5 = 500,000 VND.

Example 2: Ms. Nguyen Thanh An, 20 years old, herself meeting the conditions stipulated in Article 19 of Decree No. 28/2012/NĐ-CP; taking care of a severely disabled person residing in Province C with a standard monthly social assistance level of 200,000 VND. Ms. An receives a social assistance coefficient of 1.5 for caring for a severely disabled person. Ms. An's monthly social assistance amount is:

200,000 VND x 1.5 = 300,000 VND

3. Level of support for monthly care expenses for severely disabled persons, moderately disabled persons who are pregnant or nursing a child under 36 months old:

Example 1: Ms. Nguyen Thi A, 22 years old, severely disabled and pregnant, residing in Province B has a standard monthly social assistance level of 180,000 VND; calculated as follows:

- Social assistance for severely disabled persons

180,000 VND x 2.0 = 360,000 VND

- Social assistance for severely disabled persons who are pregnant or nursing one child under 36 months old: 180,000 VND x 1.5 = 270,000 VND

Total monthly social assistance Ms. A receives as follows:

360,000 VND + 270,000 VND = 630,000 VND

Example 2: Ms. Nguyen Thi B, 30 years old, herself a moderately disabled person who is pregnant and nursing a child under 36 months old, residing in Province C has a standard monthly social assistance level of 180,000 VND. Ms. B receives two benefits as follows:

- Social assistance for moderately disabled persons:

180,000 VND x 1.5 = 270,000 VND

- Social assistance for severely disabled persons who are pregnant and nursing a child under 36 months old:

180,000 VND x 2.0 = 360,000 VND

Total monthly social assistance Ms. B receives as follows:

270,000 VND + 360,000 VND = 630,000 VND

Article 5. Support for purchasing personal items and daily necessities for severely disabled persons living in social welfare institutions

1. Severely disabled persons living in social welfare institutions shall be provided with:

a) Blankets and mosquito nets to be replaced every five years;

b) Annually, each person shall be provided with two mats, two sets of summer clothing, one set of winter clothing, two sets of undergarments, two face towels, two pairs of plastic sandals, and two toothbrushes. Quarterly, each person shall be provided with one tube of toothpaste and one kilogram of soap.

c) Sanitary napkins for women: Two packages per person per month.

d) Common medications when they fall ill.

e) Assistive devices and equipment for functional recovery: Depending on the type and degree of disability, disabled persons shall be provided with:

- Crutches or splints: Once every year;

- Prosthetic limbs: Once every three years;

- Wheelchairs or walkers: Provided once.

2. Based on the standard support levels for personal items and daily necessities, and repair costs for assistive devices and equipment, social welfare institutions shall prepare annual budgets based on actual prices and submit them for approval by the competent authority.

Article 6. Social Allowance Review Board at the Commune Level

1. The Social Allowance Review Board shall be established by the Chairman of the People's Committee. The composition of the Board includes:

a) The Chairman (or Vice-Chairman) of the People's Committee shall serve as the Chairman of the Board;

b) A civil servant responsible for labor, war invalids, and social affairs work;

c) The head of the health station;

d) The head or deputy head of the Vietnam Fatherland Front, the Vietnam Women's Union, the Communist Youth Union of Ho Chi Minh, or organizations of disabled persons (if available).

2. Activities of the Social Allowance Review Board at the commune level:

a) When there is a request for social allowance benefits or adjustment of the amount of social allowance from a disabled person or their legal representative, the Chairman of the Board shall convene members to conduct the review procedures and processes for social allowance benefits for the relevant individuals;

b) The meeting of the Board shall be chaired by the Chairman of the Board and shall only be valid if at least two-thirds of the Board members attend. In case the Chairman cannot attend, they must delegate a substitute;

c) The conclusion of the Board shall be passed by majority vote, in case of a tie, the decision shall follow the opinion of the Chairman of the Board, and the minority opinion shall be recorded in the minutes of the meeting. The conclusion of the Board shall be documented in writing and signed by the Chairman of the Board;

d) The term of operation of the Board shall correspond to the term of the People's Committee at the commune level;

đ) The Social Allowance Review Board at the commune level may use the seal of the People's Committee at the commune level.

Article 7. Conditions and Authority for Releasing Severely Disabled Persons Living in Social Welfare Institutions to Live at Home

1. Severely disabled persons living in social welfare institutions may be released to live at home when they meet the following conditions:

a) The disabled person voluntarily requests to live in the community;

b) There is a caregiver who meets the conditions stipulated in Article 19 of Decree No. 28/2012/NĐ-CP;

2. The authority to decide on releasing disabled persons from social welfare institutions shall be carried out according to the provisions of Article 24 of Decree No. 68/2008/NĐ-CP dated May 30, 2008, of the Government regarding the conditions, procedures for establishment, organization, operation, and dissolution of social welfare institutions.

Article 8. Implementation organization

1. The People's Committee at the commune level, the Department of Labor, Invalids, and Social Affairs, and the Provincial Department of Labor, Invalids, and Social Affairs shall have the responsibility to manage and monitor the implementation of the system, report on the status of disabled persons according to current regulations for social welfare beneficiaries.

2. Attached to this Circular are the following forms:

a) Information form of disabled persons (Form No. 01);

b) Information form of households with disabled persons (Form No. 02);

c) Information form of caregivers for disabled persons (Form No. 03);

d) Caregiver application form for disabled persons (Form No. 04);

đ) Decision recognizing production and business establishments employing thirty percent or more of the total workforce as disabled persons (Form No. 05).

Article 9. Effective Date

1. This Circular shall take effect from December 26, 2012

2. Relevant provisions concerning disabled persons and mentally ill persons in Circular No. 24/2010/TTLT-BLĐTBXH-BTC dated August 18, 2010, guiding the implementation of certain articles of Decree No. 67/2007/NĐ-CP dated April 13, 2007, of the Government on policies to assist social welfare beneficiaries and Decree No. 13/2010/NĐ-CP dated February 27, 2010, of the Government amending and supplementing certain articles of Decree No. 67/2007/NĐ-CP of the Government on policies to assist social welfare beneficiaries shall cease to be effective upon the effectiveness of this Circular.

3. During the implementation process, if there are any difficulties, units and localities are requested to promptly reflect them to the Ministry of Labor, Invalids, and Social Affairs for consideration and guidance./.