Decree No. 28/2012/NĐ-CP detailing and guiding the implementation of certain provisions of the Law on Persons with Disabilities.

DECREE

Detailed regulations and guidance on implementation of certain provisions of the Law on Persons with Disabilities

On the basis of Law on Government Organization dated December 25, 2001;

On the basis of The Law on Persons with Disabilities dated June 17, 2010;

At the proposal of the Minister of Labor, Invalids and Social Affairs;

The Government issues this Decree providing detailed regulations and guidance on implementing certain provisions of The Law on Persons with Disabilities,

Chapter I.
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates detailed regulations on certain provisions of the Law on Persons with Disabilities regarding types of disabilities, levels of disability, and determination of the level of disability; socialized assistance policies for persons with disabilities; scientific research, training of specialists and technicians, production of equipment for persons with disabilities; subsistence allowances and preferential policies for teachers, educational managers, and educational support staff for persons with disabilities; employment for persons with disabilities; discounted fares and service charges; implementation of the renovation process for public facilities; means of transportation access; social assistance; establishment, operation, and dissolution of care facilities for persons with disabilities.

Article 2. Types of Disability

1. Motor disability is a condition where there is a reduction or loss of function in head, neck, leg, arm, torso movement leading to limitations in movement and mobility.

2. Hearing and speech disability is a condition where there is a reduction or loss of hearing, speaking, or both hearing and speaking functions, clear pronunciation and sentence formation leading to limitations in communication and information exchange through spoken language.

3. Visual disability is a condition where there is a reduction or loss of ability to see light, colors, images, and objects under normal lighting and environmental conditions.

4. Neurological and mental disability is a condition characterized by disturbances in perception, memory, emotions, behavior control, thinking, and abnormal speech and actions.

5. Intellectual disability is a condition where there is a reduction or loss of cognitive and thinking abilities, manifested by slow or inability to think, analyze phenomena, and solve problems.

6. Other disabilities are conditions where there is a reduction or loss of bodily functions that cause difficulties in labor, daily living, and learning activities not covered by the cases specified in Clauses 1, 2, 3, 4, and 5 of this Article.

1. Severely disabled persons are those whose disabilities lead to a complete loss of function, unable to self-control or perform independently the activities of walking, dressing, personal hygiene, and other daily life activities requiring constant supervision, assistance, and care from others.

2. Moderately disabled persons are those whose disabilities lead to partial loss or reduction of function, unable to self-control or perform some of the activities of walking, dressing, personal hygiene, and other daily life activities requiring supervision, assistance, and care from others.

3. Mildly disabled persons are those who do not fall under the circumstances specified in Clauses 1 and 2 of this Article.

Article 4. Determination of Level of Disability

1. The Council for Determining the Level of Disability bases its determination on the provisions of Article 2 and Article 3 of this Decree and observes directly the person with disabilities through simple activities serving daily life needs, using medical, social criteria questionnaires, and other methods as prescribed to determine the level of disability, except for the cases specified in Clauses 2 and 3 of this Article.

2. The Medical Appraisal Board determines and concludes on the type of disability and level of disability for cases specified in Clause 2 of Article 15 of the Law on Persons with Disabilities.

3. For persons with disabilities who have conclusions from the Medical Appraisal Board about their self-service capacity and reduction in work capacity before this Decree takes effect, the Council for Determining the Level of Disability bases its determination on the conclusions of the Medical Appraisal Board as follows:

a) Severely disabled persons when the Medical Appraisal Board concludes they are unable to self-service or have a reduction in work capacity of 81% or more;

b) Moderately disabled persons when the Medical Appraisal Board concludes they can self-service if assisted partially by people or means, or have a reduction in work capacity from 61% to 80%;

c) Mildly disabled persons when the Medical Appraisal Board concludes they can self-service or have a reduction in work capacity below 61%.

4. In cases where the Medical Appraisal Board's document before this Decree takes effect does not clearly conclude on self-service capacity and reduction in work capacity, the Council for Determining the Level of Disability shall determine the level of disability for persons with disabilities according to the provisions of Clause 1 of this Article.

5. The state budget ensures funding for the determination of the level of disability and issuance of the Certificate of Disability according to the分级任务的翻译已经完成，直接输出了每一段的翻译结果，符合任务要求。如果有任何特定的需求或进一步的指示，请告知。

6. The Ministry of Finance and the Ministry of Labor, War Invalids and Social Affairs shall provide guidance on the budgetary funds specified in Clause 5 of this Article.

Article 5. Socialization Policy for Assisting Persons with Disabilities

1. Organizations and individuals investing in the construction of orthopedic facilities, rehabilitation centers, care services, education, vocational training, job creation, or other service facilities to assist persons with disabilities shall enjoy policies according to the provisions of laws on encouraging socialization in activities within the fields of education, vocational training, healthcare, culture, sports, and environment.

2. The Minister of Labor, Invalids, and Social Affairs shall submit to the Prime Minister for approval the types, criteria, scale, and standards of orthopedic facilities, rehabilitation centers, care facilities for persons with disabilities, job creation facilities, and other service facilities assisting persons with disabilities as stipulated in Clause 1 of this Article.

Article 6. Scientific Research, Training of Specialists and Technicians, and Production of Equipment for Persons with Disabilities

1. Agencies and organizations conducting scientific research on persons with disabilities, training specialists and technicians in orthopedics and rehabilitation shall be supported financially by the State according to the provisions of laws on the State budget.

The Ministry of Science and Technology and the Ministry of Labor, Invalids, and Social Affairs shall provide guidance on implementing Clause 1 of this Article.

2. Facilities producing orthopedic devices, means, and equipment for rehabilitation, assistance in daily living, learning, and work for persons with disabilities shall be eligible to borrow funds at preferential interest rates from the Social Policy Bank according to the provisions of laws.

3. The Minister of Labor, Invalids, and Social Affairs shall submit to the Prime Minister for approval regulations on lending at preferential interest rates for the subjects specified in Clause 2 of this Article.

Article 7. Allowances and Preferential Policies for Teachers, Educational Managers, and Support Staff for Persons with Disabilities

1. The following subjects shall enjoy preferential policies according to the provisions of Government Decree No. 61/2006/NĐ-CP dated June 20, 2006, concerning policies for teachers and educational managers working in specialized schools and in areas with particularly difficult economic and social conditions:

a) Teachers and educational managers directly teaching and managing persons with disabilities through specialized education methods in specialized educational facilities and integration support development centers;

b) Teachers directly teaching persons with disabilities through specialized education methods in educational facilities not covered under Point a of Clause 1 of this Article.

2. Teachers directly teaching persons with disabilities through integrated education methods not covered under Clause 1 of this Article shall enjoy preferential allowances as follows:

3. The Ministry of Education and Training, the Ministry of Home Affairs, and the Ministry of Finance shall specify the occupational titles and policies for support staff for persons with disabilities working in educational facilities and integration support development centers.

Chapter II.
EMPLOYMENT FOR PERSONS WITH DISABILITIES

Article 8. Encouraging Persons with Disabilities to Create Their Own Employment and Households to Create Employment for Persons with Disabilities

1. Persons with disabilities creating their own employment and households creating employment for persons with disabilities shall enjoy the following policies:

a) Borrowing funds at preferential interest rates for production and business from the Social Policy Bank. Conditions, duration, and amount of loans shall be implemented according to current regulations applicable to job creation loan projects;

b) Guidance on production and business, transfer of production technology, and support for product sales.

2. People's Committees at all levels within their scope of duties and powers shall be responsible for leading and coordinating with relevant agencies, organizations, and individuals to provide guidance on production and business, transfer of production technology, and support for the sale of products made by persons with disabilities.

Article 9. Production and business establishments employing 30% or more of their total workforce as persons with disabilities

1. Production and business establishments employing 30% or more of their total workforce as persons with disabilities, as stipulated in Article 34 of the Law on Persons with Disabilities, shall enjoy the following preferential policies:

a) Financial support for improving working conditions and environments suitable for persons with disabilities according to regulations of the Ministry of Labor - Invalids and Social Affairs. The level of support is based on the percentage of stable employment of persons with disabilities at production and business establishments, the degree of disability of workers, and the scale of production and business establishments, as prescribed by the Government.

The Chairman of the People's Committee of provinces and centrally governed cities (hereinafter referred to collectively as provincial-level People's Committees) shall decide on the amount of financial support for improving working conditions and environments for production and business establishments employing 30% or more of their total workforce as persons with disabilities;

b) Exemption from corporate income tax according to the provisions of the law on taxes;

c) Preferential loans for development projects in production and business activities from the Social Policy Bank. Loan conditions, loan terms, loan amounts, and interest rates on loans shall be implemented according to current regulations applicable to job creation loan projects;

d) Priority in leasing land, premises, and water surfaces according to the provisions of the law;

đ) Exemption from land, premises, and water surface rental fees for production and business establishments employing 70% or more of their workforce as persons with disabilities. A reduction of 50% in land, premises, and water surface rental fees for production and business establishments employing between 30% and less than 70% of their workforce as persons with disabilities.

During the period of exemption or reduction in land, premises, and water surface rental fees, production and business establishments may not transfer, assign, gift, lease, mortgage, pledge, guarantee, or contribute capital through joint ventures or associations using land, premises, or water surfaces according to the provisions of the law on land.

2. The Ministry of Labor - Invalids and Social Affairs shall submit to the Prime Minister for the promulgation of a list and criteria for determining production and business establishments and the level of financial support as stipulated in Point a and Point đ Clause 1 of this Article.

3. The Ministry of Labor - Invalids and Social Affairs shall guide the determination of the ratio of workers with disabilities; procedures, formalities, and documents required for production and business establishments employing 30% or more of their workforce as persons with disabilities to enjoy the preferential policies stipulated in Clause 1 of this Article.

Article 10. Encouraging agencies, organizations, and enterprises to employ persons with disabilities

1. Enterprises employing 10 or more persons with disabilities in stable positions shall enjoy the preferential policies stipulated in Point a and Point c Clause 1 of Article 9 of this Decree.

2. Administrative agencies and public service units employing 10 or more persons with disabilities in stable positions shall enjoy the preferential policy stipulated in Point a Clause 1 of Article 9 of this Decree.

Chapter III.
EXEMPTIONS AND REDUCTIONS IN TICKET PRICES AND SERVICE FEES, IMPLEMENTATION OF URBAN INFRASTRUCTURE IMPROVEMENT PROJECTS, AND ACCESSIBLE TRANSPORT FACILITIES

Article 11. Exemptions and reductions in ticket prices and service fees for cultural, sports, entertainment, and tourism services

a) Museums, cultural-historical relics, libraries, and exhibitions;

b) Theaters, cinemas;

c) Sports facilities during domestic sports events;

d) Other cultural, sports, entertainment, and tourism facilities.

3. Cultural, sports, entertainment, and tourism facilities shall issue discounted tickets for persons with disabilities. To be eligible for exemptions or reductions in ticket prices and service fees, persons with disabilities must present a Disability Confirmation Certificate.

4. The Ministry of Culture, Sports and Tourism shall take the lead and coordinate with relevant ministries and sectors to guide the implementation of this Article.

5. Based on specific conditions, the Ministers of Ministries, Heads of Central Sectors, and Chairmen of provincial-level People's Committees shall decide on the level of discount in ticket prices and service fees within their management authority but not lower than the level prescribed in Clause 2 of this Article.

Article 12. Exemption and Reduction of Public Transport Ticket Prices and Service Fees

1. Severely disabled persons and those with serious disabilities shall be exempted from ticket prices and service fees when using public bus services.

2. Severely disabled persons and those with serious disabilities shall have their ticket prices and service fees reduced when using domestic transportation services via the following means of transport:

a) A minimum reduction of 15% for air travel;

b) A minimum reduction of 25% for railway, electric train, waterway, and fixed-route passenger bus services.

3. Public transport units shall issue discounted tickets for disabled persons. To be eligible for exemption or reduction of ticket prices and service fees, disabled persons must present a Disability Confirmation Certificate.

Article 13. Implementation of the Plan for Renovating Apartment Buildings and Public Facilities

1. Ministries, ministerial-level agencies, government agencies, People's Committees at all levels, organizations, and individuals owning, managing, and operating facilities such as administrative office buildings; railway stations, bus terminals, ports; medical examination and treatment centers; educational and vocational training institutions; cultural and sports venues; apartment buildings; technical infrastructure and social infrastructure facilities not mentioned above shall be responsible for reviewing, developing plans, and ensuring conditions to implement accessibility improvements for disabled persons according to the following timeline:

a) By 2015, at least 50% of administrative office buildings; railway stations, bus terminals, ports; medical examination and treatment centers; educational and vocational training institutions; cultural and sports venues; apartment buildings shall ensure accessibility for disabled persons;

b) By 2017, at least 75% of administrative office buildings; railway stations, bus terminals, ports; medical examination and treatment centers; educational and vocational training institutions; cultural and sports venues; apartment buildings shall ensure accessibility for disabled persons;

c) As of January 1, 2020, all administrative office buildings; railway stations, bus terminals, ports; medical examination and treatment centers; educational and vocational training institutions; cultural and sports venues; apartment buildings shall ensure accessibility for disabled persons;

d) As of January 1, 2025, all administrative offices; apartment buildings; technical infrastructure and social infrastructure facilities not specified in Points a, b, and c of Clause 1 of this Article shall ensure accessibility for disabled persons.

2. The funds required to implement the provisions of Clause 1 of this Article shall be arranged and mobilized by the entities, organizations, and individuals owning, managing, and operating these facilities.

3. The Ministry of Labor, Invalids and Social Affairs, the Ministry of Construction, and related ministries and sectors shall review, compile statistics, and assess the current status of apartment buildings and public facilities that do not meet accessibility standards for disabled persons, categorize them by type of facility, and guide methods and criteria for monitoring and evaluating the implementation of the renovation plan for public facilities.

Article 14. Means of Accessible Transportation

1. Units participating in public transportation by bus and rail shall develop plans, equip, and renovate public transportation means to comply with traffic accessibility technical standards on each route according to the following ratios:

a) Ensuring that the ratio of buses meeting traffic accessibility technical standards increases according to the regulations of the provincial People's Committee for each period up to 2015, 2020, and 2025;

b) Ensuring that by 2015, at least one carriage in inter-provincial north-south passenger trains meets traffic accessibility technical standards; by 2020, at least one carriage in all passenger trains meets traffic accessibility technical standards.

2. Units participating in public transportation shall be responsible for arranging equipment, tools, and staff to assist disabled passengers in boarding and alighting transportation means conveniently. Assistance plans must be announced at easily visible locations at stations and passenger pick-up/drop-off points.

3. The funds required to implement the provisions of Clauses 1 and 2 of this Article shall be guaranteed by the entities, organizations, and individuals owning and operating these facilities. The Ministry of Transport shall take the lead and coordinate with relevant ministries and sectors to submit to the Prime Minister for approval of policies supporting interest rate subsidies for loans for businesses investing in and renovating transportation means to meet traffic accessibility technical standards.

4. Units participating in public transportation shall be responsible for reviewing, compiling statistics, and assessing the current status of public transportation means that do not meet traffic accessibility technical standards; developing plans to equip and renovate public transportation means to meet traffic accessibility technical standards within their management responsibility.

Chapter IV.
SOCIAL ASSISTANCE

1. The monthly social allowance, monthly care funding support, and monthly maintenance allowance for persons with disabilities shall be calculated based on the standard social allowance for social welfare beneficiaries as prescribed by the Government, multiplied by the coefficients specified in Articles 16, 17, and 18 of this Decree.

2. Based on specific conditions, the Ministers of relevant Ministries, Heads of central agencies, and leaders of central mass organizations (with facilities for persons with disabilities), and Chairpersons of provincial People's Committees shall stipulate the monthly social allowance levels, monthly care funding support levels, monthly maintenance allowance levels, funeral expense support levels, and maintenance allowance levels for severely disabled persons in social welfare facilities under their jurisdiction to be appropriate but not lower than those prescribed in this Decree.

1. The coefficient for calculating the monthly social allowance for persons with disabilities living in family households is defined as follows:

a) A coefficient of two (2.0) for severely disabled persons;

b) A coefficient of two point five (2.5) for severely disabled elderly persons and severely disabled children;

c) A coefficient of one point five (1.5) for moderately disabled persons;

d) A coefficient of two (2.0) for moderately disabled elderly persons and moderately disabled children.

2. In cases where persons with disabilities fall within different coefficients prescribed in Clause 1 of this Article, they shall only receive the highest coefficient.

3. Persons with disabilities as prescribed in Clause 1 of this Article who are currently receiving monthly social allowances, upon death, shall be supported with funeral expenses at the level of funeral support for social welfare beneficiaries. In cases where persons with disabilities qualify for different levels of funeral expense support, they shall only receive the highest level.

1. The coefficient for calculating monthly care funding support for severely disabled persons, and moderately disabled persons who are pregnant or caring for a child under 36 months old is defined as follows:

a) A coefficient of one point five (1.5) for severely disabled persons and moderately disabled persons who are pregnant or caring for one child under 36 months old;

b) A coefficient of two (2.0) for severely disabled persons and moderately disabled persons who are pregnant and caring for a child under 36 months old;

c) A coefficient of two (2.0) for severely disabled persons and moderately disabled persons caring for two or more children under 36 months old;

d) In cases where persons with disabilities qualify for different coefficients prescribed in Points a, b, and c of Clause 1 of this Article, they shall only receive the highest coefficient;

e) In cases where both the husband and wife are persons with disabilities qualifying for monthly care funding support as prescribed in Clause 1 of this Article, they shall only receive one allowance for monthly care funding support as prescribed in Points a, b, and c of Clause 1 of this Article.

2. In cases where severely disabled persons or moderately disabled persons are receiving social allowances as prescribed in Clause 1 of Article 16 of this Decree but are pregnant or caring for a child under 36 months old, they shall still receive care funding support as prescribed in Clause 1 of this Article.

3. Family households directly nurturing and caring for severely disabled persons shall receive care funding support with a coefficient of one (1.0).

4. Individuals meeting the conditions prescribed in Article 19 of this Decree when adopting and caring for severely disabled persons shall receive care funding support with coefficients defined as follows:

a) A coefficient of one point five (1.5) for adopting and caring for one severely disabled person;

b) A coefficient of three (3.0) for adopting and caring for two or more severely disabled persons.

The State shall provide funds for social welfare facilities to care for severely disabled individuals without support and unable to support themselves according to the following provisions:

1. The coefficient for calculating the monthly subsistence allowance is three (3.0); in cases where the severely disabled individual is a child or an elderly person, the subsidy coefficient is four (4.0).

2. The level of support for purchasing health insurance cards as prescribed by laws on health insurance.

3. Funeral expenses upon death equal the level of funeral assistance applied to social welfare beneficiaries within social welfare facilities.

4. Support for purchasing personal items and daily necessities; purchasing common medications and personal hygiene products monthly for women as stipulated by the Ministry of Labor, War Invalids and Social Affairs.

Persons receiving care and support for severely disabled individuals must meet the following conditions:

1. Having stable accommodation and not being classified as poor households.

2. Possessing good health to provide care for the disabled.

3. Having full civil capacity.

4. Having good moral character, not engaging in social vices, and not being subjects of criminal prosecution or having been convicted but not yet rehabilitated.

5. Having skills to care for the disabled.

1. Application documents for social assistance include:

a) Information form of the disabled person according to the model prescribed by the Ministry of Labor, War Invalids and Social Affairs;

b) Copy of the Disability Confirmation Certificate;

c) Copy of Household Registration Book;

d) Copy of Birth Certificate or Identity Card;

đ) Copy of Decision of the facility caring for the disabled regarding the transfer of the disabled person back to their family in cases where they are currently living in a social welfare facility;

e) Certificate of pregnancy from a medical examination and treatment facility authorized by the Ministry of Health, copy of Birth Certificate of the child under 36 months old for cases involving pregnancy or children under 36 months old.

2. Application documents for care funding for families with severely disabled individuals include:

a) Family information form according to the model prescribed by the Ministry of Labor, War Invalids and Social Affairs;

b) Copy of the Disability Confirmation Certificate;

c) Copy of Household Registration Book;

d) Information form of the disabled person according to the model prescribed by the Ministry of Labor, War Invalids and Social Affairs in cases where the disabled person has not received social assistance or copy of the Decision on receiving social assistance of the disabled person in cases where the disabled person is already receiving social assistance.

3. Application documents for care funding for persons receiving care and support for severely disabled individuals include:

a) Application letter of the person receiving care and support for the disabled, confirmed by the People's Committee of commune, ward, town (hereinafter referred to as commune level) about meeting the conditions for receiving care and support as stipulated in Article 19 of this Decree;

b) Information form of the person receiving care and support according to the model prescribed by the Ministry of Labor, War Invalids and Social Affairs;

c) Copy of Household Registration Book and Identity Card of the person receiving care and support;

d) Information form of the disabled person according to the model prescribed by the Ministry of Labor, War Invalids and Social Affairs;

đ) Copy of Household Registration Book of the disabled person's household, if applicable;

e) Copy of the Disability Confirmation Certificate;

g) Copy of the Decision on monthly social assistance of the disabled person in cases where the disabled person is already receiving social assistance.

4. Application documents for care funding for disabled individuals who are pregnant or raising a child under 36 months old are as follows:

a) In cases where the disabled person has not received social assistance, the application documents are as prescribed in Clause 1 of this Article;

b) In cases where the disabled person is already receiving monthly social assistance, the application documents include: Copy of the Decision on receiving monthly social assistance; Certificate of pregnancy from a medical examination and treatment facility authorized by the Ministry of Health, copy of Birth Certificate of the child under 36 months old.

1. The procedures for implementing social allowances and monthly care funding support shall be as follows:

a) To be eligible to receive social allowances and monthly care funding support, the person applying for such benefits must prepare and submit an application dossier in accordance with Article 20 of this Decree to the People's Committee of the commune.

b) Within fifteen days from the date of receiving a complete and valid dossier, the Social Allowance Review Board at the commune, ward, or town (hereinafter referred to collectively as the Social Allowance Review Board) shall convene a meeting to review the dossier of the applicant and publicly post the conclusion at the office of the People's Committee of the commune and announce it through mass media for seven days.

Upon completion of the public posting period, if there are no objections or complaints, the Social Allowance Review Board shall supplement the minutes of the Social Allowance Review Board meeting into the dossier of the applicant and submit a document to the Chairman of the People's Committee of the commune for consideration and resolution by the Department of Labor, Invalids, and Social Affairs.

In cases where citizens lodge complaints or reports, within ten days, the Social Allowance Review Board shall conduct investigations, reviews, issue specific conclusions publicly before the people, and include a report of the Social Allowance Review Board in the dossier of the applicant.

c) Within seven working days from the date of receipt of the application dossier from the Chairman of the People's Committee of the commune, the Department of Labor, Invalids, and Social Affairs shall be responsible for reviewing and submitting to the Chairman of the People's Committee of the district, city district, provincial city (collectively referred to as the district level) for decision-making or notifying the People's Committee of the commune of the reasons for not providing social allowances or monthly care funding support.

d) Within three working days from the date of receipt, the Chairman of the People's Committee of the district shall be responsible for reviewing and signing the Decision on social allowances or monthly care funding support.

2. In cases where persons with disabilities who are currently receiving social allowances and monthly care funding support according to Decree No. 67/2007/ND-CP dated April 13, 2007, of the Government on social assistance policies for beneficiaries, and Decree No. 13/2010/ND-CP dated February 27, 2010, of the Government amending and supplementing certain articles of Decree No. 67/2007/ND-CP dated April 13, 2007, of the Government on social assistance policies for beneficiaries, the People's Committee of the commune shall review and report to the Department of Labor, Invalids, and Social Affairs for submission to the People's Committee of the district for decision-making according to the corresponding levels stipulated in this Decree, starting from the effective date of this Decree.

3. The procedures for adjusting or ceasing to receive social allowances and monthly care funding support shall be as follows:

a) When there is a change in the conditions for receiving social allowances and monthly care funding support, the Social Allowance Review Board shall guide the applicant to supplement the dossier, review, conclude, and submit a document to the Chairman of the People's Committee of the commune for submission to the Department of Labor, Invalids, and Social Affairs.

b) Within seven working days from the date of receipt of the document from the Chairman of the People's Committee of the commune, the Department of Labor, Invalids, and Social Affairs shall be responsible for reviewing and submitting to the Chairman of the People's Committee of the district for decision-making on adjustment or cessation of social allowances and monthly care funding support.

c) Within three working days from the date of receipt, the Chairman of the People's Committee of the district shall be responsible for reviewing and signing the decision on adjustment or cessation of social allowances and monthly care funding support.

The cessation of social allowances and monthly care funding support shall take effect from the month following the month in which the Chairman of the People's Committee of the district signs the decision on cessation of social allowances and monthly care funding support.

4. The procedures for implementing social allowances when the beneficiary changes their place of residence shall be as follows:

a) When a beneficiary who is currently receiving social allowances and monthly care funding support moves to another place and submits a request to cease receiving these benefits at the old place of residence and requests to receive them at the new place of residence, the Department of Labor, Invalids, and Social Affairs shall be responsible for submitting to the Chairman of the People's Committee of the district of the old place of residence for a decision to cease receiving social allowances and monthly care funding support and provide an introduction letter to the People's Committee of the district of the new place of residence of the beneficiary, along with the dossier of the beneficiary.

b) Within seven working days from the date of receipt of the dossier and introduction letter, the Department of Labor, Invalids, and Social Affairs of the new place of residence shall be responsible for reviewing and submitting to the Chairman of the People's Committee of the district for a decision on receiving social allowances and monthly care funding support according to the corresponding level of the locality.

The time for receiving social allowances and monthly care funding support at the new place of residence shall start from the month following the month recorded in the decision to cease receiving social allowances and monthly care funding support signed by the Chairman of the People's Committee of the old place of residence of the beneficiary.

5. The Ministry of Labor, Invalids, and Social Affairs shall stipulate the establishment and operation of the Social Allowance Review Board.

1. Documents for funeral expense support include:

a) A request letter or document from the family, individual, agency, unit, or organization responsible for organizing the funeral for the person with disabilities;

b) A copy of the death certificate of the person with disabilities.

2. The procedures for funeral expense support are as follows:

a) The family, individual, agency, unit, or organization responsible for the funeral of the person with disabilities shall prepare the documents as stipulated in Clause 1 of this Article and submit them to the People's Committee at the commune level;

b) Within three working days from the date of receiving complete and valid documents as stipulated in Clause 1 of this Article, the People's Committee at the commune level shall issue a request letter along with the documents to the Department of Labor, Invalids, and Social Affairs;

c) Within two working days from the date of receiving the letter from the People's Committee at the commune level, the Department of Labor, Invalids, and Social Affairs shall review and submit a report to the Chairman of the People's Committee at the district level to issue a decision on funeral expense support.

1. Documents for accepting severely disabled persons into social welfare institutions for care and support include:

a) A request letter from the person with disabilities or their family, relatives, or guardians;

b) An information form of the person with disabilities according to the prescribed model by the Ministry of Labor, Invalids, and Social Affairs;

c) A resume of the person with disabilities confirmed by the People's Committee at the commune level;

d) A copy of the Disability Certificate;

đ) A copy of the Household Registration Book;

e) A copy of the Birth Certificate or Identity Card;

g) Minutes of the Social Assistance Grant Review Board and a request letter from the Chairman of the People's Committee at the commune level;

h) A request letter from the Chairman of the People's Committee at the district level sent to the management agency of the social welfare institution;

i) A decision on acceptance issued by the head of the management agency;

k) Any other relevant documents or papers, if applicable.

2. The procedures for accepting disabled persons into social welfare institutions for care and support shall be carried out in accordance with the Government's regulations on procedures for accepting and caring for social welfare beneficiaries.

3. The authority to accept and place severely disabled persons under care and support in families is defined as follows:

a) The head of the management agency of the social welfare institution decides to place severely disabled persons in the social welfare institution;

b) The head of the social welfare institution decides to place disabled persons who meet the conditions to live in families;

c) The Ministry of Labor, Invalids, and Social Affairs stipulates the conditions for placing disabled persons currently being cared for and supported in social welfare institutions to live in families.

Chapter V.
ESTABLISHMENT, OPERATION, AND DISSOLUTION OF DISABILITY CARE FACILITIES

Article 24. Establishment, Operation, and Dissolution of Disability Care Facilities

1. Conditions for establishment, organizational operation, and dissolution of social welfare institutions as stipulated in Point a, Clause 2, Article 57 of the Law on Persons with Disabilities shall be implemented in accordance with the Government's regulations on social welfare institutions.

2. The establishment, operation, and dissolution of disability care facilities as stipulated in Points b, c, and d, Clause 2, Article 47 of the Law on Persons with Disabilities shall be governed by the laws regulating the type of organization.

3. The disability care facility as stipulated in Clause 2 of this Article may only operate to provide care for persons with disabilities after obtaining a permit to operate from the competent authority.

Article 25. Conditions for Issuing a Permit to Operate Services for People with Disabilities

A facility providing services for people with disabilities shall be issued a permit to operate such services when it meets all of the following conditions:

1. Legally established in accordance with the provisions of the law.

2. The head of the facility must have full capacity for civil acts; possess good moral character, not be involved in social vices, and not be an object of criminal responsibility pursuit or have been convicted but not yet rehabilitated.

3. Have direct counseling and care staff for people with disabilities that meet the requirements stipulated in Article 26 of this Decree.

4. In cases where the facility providing services for people with disabilities also provides residential care, in addition to the conditions specified in Clause 1, Clause 2, and Clause 3 of this Article, it must also ensure environmental, physical infrastructure, and care and support standards prescribed by the Government for social welfare facilities.

Article 26. Direct Care Staff for People with Disabilities

Direct care staff for people with disabilities must meet the following conditions:

1. Possess health to provide care for people with disabilities.

2. Have full capacity to conduct civil acts.

3. Possess good moral character, not be involved in social vices, and not be an object of criminal responsibility pursuit or have been convicted but not yet rehabilitated.

4. Possess skills to care for people with disabilities.

Article 27. Permit to Operate Services for People with Disabilities

1. The permit to operate services for people with disabilities shall contain the following main contents:

a) Name of the facility, main office address, telephone number, fax number;

b) Full name of the head of the facility;

c) Scope and content of services provided by the facility.

2. When there is a change in the name, main office address, head, scope, or content of services, procedures for requesting adjustments to the permit must be followed; in cases of changes in organizational form, division, separation, merger, or consolidation, procedures for requesting issuance of a new permit must be followed.

3. When the permit to operate services for people with disabilities is lost or damaged, the facility must request to obtain a replacement permit.

Article 28. Authority to Issue, Suspend, or Revoke Permits to Operate Services for People with Disabilities

1. The Department of Labor, Invalids, and Social Affairs shall issue permits to operate services for people with disabilities in the following cases:

a) Facilities under Ministries, agencies at the level of ministries, government agencies, central agencies of political-social organizations, and social-professional organizations with the main office of the facility providing services for people with disabilities located in the locality;

b) Facilities established by foreign organizations or individuals with the main office located in the locality;

c) Facilities established by provincial-level agencies or organizations.

2. The Labor, Invalids, and Social Affairs Office shall issue permits to operate services for people with disabilities for facilities established by domestic organizations or individuals that do not fall under the cases specified in Clause 1 of this Article, with the main office of the facility providing services for people with disabilities located in the locality.

3. The authority issuing the permit to operate services for people with disabilities is the authority responsible for reissuing, adjusting, suspending, or revoking the permit to operate services for people with disabilities.

Article 29. Documents for Issuing a Permit to Operate Services for People with Disabilities

1. The application documents for issuing a permit to operate services for people with disabilities include:

a) The facility's written request for issuance of a permit to operate services for people with disabilities;

b) Copies of the decision on establishment or business registration certificate of the organization or individual establishing the facility;

c) Documents proving compliance with the conditions stipulated in Article 25 of this Decree.

2. The application documents for adjustment, issuance of a replacement permit to operate services for people with disabilities include:

a) Written request for adjustment or issuance of a replacement permit;

b) Documents proving loss or damage to the permit to operate services for people with disabilities;

c) Documents proving changes in name, main office address, head, scope, or content of services.

Article 30. Procedures for Issuing Licenses for Disability Care Services

1. The procedures for issuing, reissuing, and amending licenses for operation in cases prescribed in Clause 1, Article 28 of this Decree shall be carried out as follows:

a) The disability care facility prepares and submits an application to the Department of Labor, Invalids and Social Affairs.

b) Within fifteen working days from the date of receiving a complete and valid application, the Department of Labor, Invalids and Social Affairs shall issue, reissue, or amend the license for operation.

2. The procedures for issuing, reissuing, and amending licenses for operation in cases prescribed in Clause 2, Article 28 of this Decree shall be carried out as follows:

a) The disability care facility prepares and submits an application to the Labor, Invalids and Social Affairs Office.

b) Within ten working days from the date of receiving a complete and valid application, the Labor, Invalids and Social Affairs Office shall issue, reissue, or amend the license for operation.

3. In case the application for a license submitted by the facility is incomplete or invalid, the licensing authority must notify the facility within three working days to complete the application.

4. If the facility does not meet the conditions required to obtain a license, the licensing authority must provide a written response within five working days explaining the reasons why the license cannot be issued for disability care services.

Article 31. Suspension and Revocation of Licenses for Disability Care Services

1. A disability care facility that fails to maintain the conditions stipulated in Article 25 of this Decree during its operation shall be suspended until it meets the operational conditions.

2. Licenses for disability care services shall be revoked in the following cases:

a) The license was issued beyond the authority or contrary to the provisions of the law;

b) Within twelve months from the date of issuance of the license for disability care services, the facility does not operate;

c) The facility changes its purpose of operation;

d) After the suspension period, the facility still does not meet the required conditions;

đ) The facility violates administrative regulations and is penalized three times within twelve months;

e) The organization or individual establishing the facility is dissolved or declared bankrupt, and the facility does not meet the operational conditions stipulated by law.

3. The disability care facility must ensure the rights of people with disabilities when the facility is suspended or its license is revoked.

Article 32. Responsibilities for Suspending and Revoking Licenses for Disability Care Services

1. Upon discovering any of the situations prescribed in Clause 2, Article 31 of this Decree, the Department of Labor, Invalids and Social Affairs or the Labor, Invalids and Social Affairs Office shall decide to revoke the issued license for disability care services.

2. When discovering that the facility no longer meets the stipulated conditions, depending on the nature and severity, the Department of Labor, Invalids and Social Affairs or the Labor, Invalids and Social Affairs Office may issue a decision to temporarily suspend part or all of the disability care activities according to the terms specified in the issued license.

Chapter VI.
IMPLEMENTATION

Article 33. Implementation funds

1. Funds for implementing social assistance policies; funds for surveying, statistics, applying information technology to build databases managing persons with disabilities; funds for disseminating policies; funds for training staff working on disability affairs, Disability Assessment Councils, Social Allowance Review Councils; funds for paying social allowances in accordance with the Government's regulations on implementation funds for social assistance beneficiaries.

2. Funds for implementing policies and activities caring for persons with disabilities not specified in Clause 1 of this Article shall be implemented in accordance with the Law on Persons with Disabilities, the State Budget Law, and guiding documents.

Article 34. Responsibilities of Ministries, Sectoral Agencies, and Localities

1. Ministries, agencies at the ministerial level, agencies under the Government, People's Committees of provinces and centrally governed cities shall guide the organization and implementation of this Decree in accordance with their assigned functions, tasks, and authorities.

2. The Ministry of Labor, Invalids and Social Affairs shall guide the implementation of this Decree.

Chapter VII.
IMPLEMENTING PROVISIONS

Article 35. Effective Date

This Decree takes effect from June 1, 2012.

This Decree replaces Decree No. 55/1999/NĐ-CP dated July 10, 1999 detailing and guiding the implementation of certain provisions of the Ordinance on Disabled Persons and related provisions concerning disabled persons and mentally ill persons stipulated in Decree No. 67/2007/NĐ-CP dated April 13, 2007 of the Government on social assistance policies for social protection beneficiaries and Decree No. 13/2010/NĐ-CP dated February 27, 2010 of the Government amending and supplementing certain provisions of Decree No. 67/2007/NĐ-CP dated April 13, 2007 of the Government on social assistance policies for social protection beneficiaries.