JOINT CIRCULAR No. 34/2012/TTLT-BYT-BLDTBXH detailing the procedures for determining the degree of disability carried out by the Medical Appraisal Board

JOINT CIRCULAR
Detailed regulations on determining the degree of disability

HAPPY The Medical Appraisal Board shall implement 

Pursuant to the Law on Persons with Disabilities No. 51/2010/QH12 of 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;

Pursuant to the Government Decree No. 63/NĐ-CP dated August 31, 2012 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Health;

Pursuant to the Government Decree No. 186/2007/NĐ-CP dated December 25, 2007 stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

The Minister of Health and the Minister of Labor, Invalids, and Social Affairs issue this Joint Circular detailing the procedures for determining the degree of disability carried out by the Medical Appraisal Board.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular specifies the procedures and file requirements for medical examination and appraisal to determine the degree of disability conducted by the Medical Appraisal Board.

Article 2. Applicability

This Circular applies to cases specified in Clause 2, Article 15 of the Law on Persons with Disabilities, specifically as follows:

1. Cases where the Degree Determination Board at the commune level, established in accordance with Article 16 of the Law on Persons with Disabilities, has determined the degree of disability but cannot provide a conclusion on the degree of disability.

2. A person with disabilities or their lawful representative disagrees with the conclusion of the Degree Determination Board.

3. A person with disabilities or their lawful representative, or an individual, agency, or organization has evidence that the Degree Determination Board's determination of the degree of disability is not objective or accurate.

Article 3. Implementing agencies

1. Local authorities where the person with disabilities resides.

2. The Department of Labor, Invalids, and Social Affairs of the district, city district, or town (hereinafter referred to as the District Department of Labor, Invalids, and Social Affairs) where the person with disabilities resides.

3. The Medical Appraisal Board of the provinces and centrally governed cities (hereinafter referred to as the Provincial Medical Appraisal Board).

4. The Central Medical Appraisal Board; the First Branch of the Central Medical Appraisal Board and the Second Branch of the Central Medical Appraisal Board (hereinafter referred to as the Central Medical Appraisal Board).

Article 4. Definitions

In this Circular, the following terms are understood as follows:

1. Disability degree medical examination and appraisal is a clinical and paraclinical examination to determine the degree of disability for cases specified in Clause 2, Article 15 of the Law on Persons with Disabilities.

2. Reconsideration medical examination and appraisal is a medical examination and appraisal of the degree of disability for individuals who have undergone a disability degree medical examination and appraisal at the provincial or central Medical Appraisal Board, but the person with disabilities or their lawful representative disagrees with the conclusion of the Medical Appraisal Board and requests reconsideration.

3. The lawful representative of a person with disabilities includes:

a) An individual aged eighteen years or older with full civil capacity and recognized in writing by the local authority at the commune level where the person with disabilities resides (hereinafter referred to as the Commune Level Authority).

b) A group consisting of two or more individuals, each having legal personality, or one or more organizations with legal personality, and recognized in writing by the local authority at the commune level where the person with disabilities resides.

Chapter II
FILE FOR MEDICAL EXAMINATION AND APPRAISAL OF THE DEGREE OF DISABILITY

Article 5. Medical examination and appraisal file

1. The medical examination and appraisal file for cases where the Disability Level Determination Council cannot reach a conclusion on the level of disability shall include:

a) An introduction letter from the People's Committee of the commune, ward, town (hereinafter referred to as the People's Committee of the commune) where the subject resides, requesting a disability examination and appraisal, with the subject's photograph affixed and the stamp of the People's Committee of the commune where the subject resides.

b) Minutes of the meeting of the Disability Level Determination Council, clearly stating that the Disability Level Determination Council cannot reach a conclusion on the level of disability (a copy of the minutes).

In cases where the subject lives at a care center, there must be a confirmation letter, which includes the name, age, photograph of the subject, and the stamp of the care center, with the care center being responsible under the law for the confirmation.

c) Copies of medical examination and treatment documents: discharge certificate, surgery certificate, and other related documents (if available).

d) Minutes of the most recent Medical Appraisal Council's determination of the level of disability (if available).

2. In cases where the person with disabilities or their legal representative disagrees with the conclusion of the Disability Level Determination Council, the medical examination and appraisal file shall include the following documents:

a) An introduction letter from the People's Committee of the commune where the subject resides, requesting a disability examination and appraisal, clearly stating that the person with disabilities or their legal representative disagrees with the conclusion of the Disability Level Determination Council, with the subject's photograph affixed and the stamp of the People's Committee of the commune where the subject resides.

b) Minutes of the meeting of the Disability Level Determination Council (a copy of the minutes).

c) Documents as stipulated in points c and d, Clause 1 of this Article.

d) A petition from the person with disabilities or their legal representative regarding the conclusion of the Disability Level Determination Council.

3. In cases where there is evidence confirming that the Disability Level Determination Council's determination of the level of disability is not objective or accurate, the medical examination and appraisal file shall include the following documents:

a) Documents as stipulated in Clause 2 of this Article.

b) Evidence confirming that the Disability Level Determination Council's determination of the level of disability is not objective or accurate, as shown through minutes, petitions, photographs, audio recordings, or other forms of representation.

Article 6. Re-examination and appraisal file includes

1. The introduction letter from the People's Committee of the commune as stipulated in point a, Clause 2, Article 5 of this Circular.

2. A request for re-examination and appraisal from the person with disabilities or from an individual or organization representing the person with disabilities legally.

3. Minutes of the Medical Appraisal Council of the province that the person with disabilities does not agree with, requesting a re-examination (a copy).

4. The appraisal file of the Medical Appraisal Council of the province sent to the Central Medical Appraisal Council as prescribed.

When undergoing re-examination and appraisal, the person with disabilities or their legal representative must present the original documents as stipulated in Clause 2 of this Article for the Central Medical Appraisal Council to compare.

Article 7. Responsibility for completing the file

1. In cases as stipulated in Point a, Clause 2, Article 15 of the Law on Persons with Disabilities, the Chairman of the Disability Level Determination Council is responsible for completing one set of files in accordance with Clause 1, Article 5 of this Circular and transferring the file to the Department of Labor, Invalids and Social Affairs of the district within three working days.

2. In cases as stipulated in Points b and c, Clause 2, Article 15 of the Law on Persons with Disabilities, the Chairman of the Disability Level Determination Council is responsible for completing one set of files in accordance with Clauses 2 and 3, Article 5 of this Circular and transferring the file to the Department of Labor, Invalids and Social Affairs of the district within three working days.

3. In cases of re-examination and appraisal, the Provincial Medical Appraisal Council is responsible for completing one set of files in accordance with Article 6 of this Circular and transferring it to the Central Medical Appraisal Council within five working days.

4. During the process of establishing the medical examination and appraisal file, the agency or individual establishing the appraisal file must check the citizen identification card, household registration book, or other lawful personal documents with photographs of the person undergoing examination and appraisal for comparison with the documents in the medical examination and appraisal file.

Article 8. Receiving, processing and managing examination and appraisal files

Immediately upon receipt of the file, the Department of Labor, Invalids and Social Affairs of the district shall be responsible for checking the examination and appraisal file transferred by the Council for Determining Disability Level:

1. In cases where the subject's file is complete in accordance with the provisions of Article 5 of this Circular, the Department of Labor, Invalids and Social Affairs shall accept the file and issue to the person submitting the file a File Acceptance Receipt in accordance with Appendix 1 attached to this Circular.

Within two working days from the date recorded on the File Acceptance Receipt, the Department of Labor, Invalids and Social Affairs of the district shall transfer the examination and appraisal file to the Provincial Medical Examination and Appraisal Board.

2. In cases where the examination and appraisal file is incomplete and invalid, within two working days from the date of receipt of the file, the Department of Labor, Invalids and Social Affairs of the district shall be responsible for responding in writing to the Chairman of the Council for Determining Disability Level to complete the file.

3. The Medical Examination and Appraisal Boards at all levels shall be responsible for managing and retaining examination and appraisal files for disability levels. The period for storing files shall be carried out in accordance with the provisions of the law.

Chapter III
PROCEDURE FOR MEDICAL EXAMINATION AND APPRAISAL

Article 9. Receiving examination and appraisal files at the Medical Examination and Appraisal Board

1. After receiving a complete request for examination and appraisal of disability level from the Department of Labor, Invalids and Social Affairs, within thirty working days, the Medical Examination and Appraisal Board shall be responsible for organizing the examination and appraisal and concluding the type and degree of disability.

2. The lawful representative of the disabled person when handling the examination and appraisal procedures for the disabled person must have the following documents:

- Identity card or other legal identification documents with photographs.

- A certificate issued by the People's Committee of the commune where the disabled person is registered as a permanent resident regarding their lawful representation rights over the disabled person.

- In cases where the lawful representative of the disabled person is an organization or agency, they must have an introduction letter from that organization or agency in accordance with the regulations.

Article 10. Procedure for medical examination and appraisal

1. Examination and appraisal procedure: The examination and appraisal procedure shall be implemented in accordance with the current regulations on medical examination and appraisal.

2. Procedure for re-examination and reappraisal

a) If an individual, agency, organization, or the lawful representative of the disabled person disagrees with the conclusion of the Medical Examination and Appraisal Board, they shall submit a request for re-examination and reappraisal to the Medical Examination and Appraisal Board that issued the examination record (first resolution).

b) Within fifteen working days from the date of receipt of the request, the Medical Examination and Appraisal Board that issued the Appraisal Record shall be responsible for resolving it (second resolution). If the individual, agency, or organization still disagrees with the resolution of the Medical Examination and Appraisal Board, they must submit a written complaint within fifteen working days from the date of issuance of the second resolution record.

Within fifteen working days from the date of receipt of the complaint, the Medical Examination and Appraisal Board receiving the complaint shall complete the appraisal file according to the regulations and send it to the higher-level Medical Examination and Appraisal Board.

c) In cases where complaints are made about the results of the appraisal by the Provincial Medical Examination and Appraisal Board, the Central Medical Examination and Appraisal Board, the Central Medical Examination and Appraisal Board I, or the Central Medical Examination and Appraisal Board II shall conduct re-examinations and reappraisals in accordance with the regulations.

d) In cases where re-examinations and reappraisals have been conducted at the Central Medical Examination and Appraisal Board, the Central Medical Examination and Appraisal Board I, or the Central Medical Examination and Appraisal Board II but there are still complaints or appeals, the Minister of Health shall establish a Medical Examination and Appraisal Board for the final re-examination and reappraisal, and the conclusion of this board shall be the final conclusion.

e) After obtaining the result of the final re-examination and reappraisal, if the subject still has complaints, the competent authorities shall resolve the complaints or appeals in accordance with the relevant laws on complaints and denunciations.

3. During the process of establishing the examination and appraisal file, the agency or individual establishing the examination and appraisal file must check and compare the identity card or other legal personal identification documents with photographs of the person undergoing examination and appraisal with the documents in the examination and appraisal file.

Article 11. Determining the type and degree of disability

1. Determining the type and degree of disability shall be carried out in accordance with Article 3 of the Law on Persons with Disabilities and as prescribed by the Government.

2. Within ten working days from the date of the conclusion of the Council, the Medical Examination Board shall be responsible for sending one copy of the medical examination report on the degree of disability according to the form prescribed in Appendix 2 attached hereto to: the Department of Labor - Invalids and Social Affairs of the district one copy, the Council determining the degree of disability at the commune where the subject resides one copy, and the person with disabilities or their lawful representative one copy.

Article 12. Legal validity period of the report on the degree of disability

1. For persons with disabilities aged six years or older: The legal validity period of the report on the degree of disability is five (5) years from the date of issuance of the report.

2. For persons with disabilities under six years old: The legal validity period of the report on the degree of disability is three (3) years from the date of issuance of the report.

Article 13. Fees for medical examination and appraisal

1. In cases prescribed in point a, Clause 2, Article 15 of the Law on Persons with Disabilities, the medical examination fee shall be covered by the state budget.

2. In cases prescribed in points b and c, Clause 2, Article 15 of the Law on Persons with Disabilities, the following applies:

a) If the results of the medical examination match the complaint or accusation, the medical examination fee shall be covered by the state budget.

b) If the results of the medical examination do not match the complaint or accusation, the medical examination fee shall be borne by the individual or organization making the complaint or accusation.

Chapter IV
IMPLEMENTING PROVISIONS

Article 14. Effective Date

This Circular takes effect from March 20, 2013.

Article 15. Responsibility for Implementation

1. The Ministry of Health assigns the Department of Medical Examination and Treatment to be responsible for directing and guiding the Departments of Health of provinces and centrally-run cities, health departments of ministries and sectors, and medical examination boards at all levels to implement this Circular in accordance with its provisions.

2. The Ministry of Labor, Invalids and Social Affairs assigns the Department of Social Assistance to be responsible for directing and guiding the Departments of Labor, Invalids and Social Affairs of provinces and centrally-run cities to implement this Circular in accordance with its provisions.

3. The Departments of Labor, Invalids and Social Affairs of provinces and centrally-run cities shall be responsible for directing and guiding the Departments of Labor, Invalids and Social Affairs of districts to implement this Circular in accordance with its provisions.

4. Annually, regularly or urgently, the Department of Medical Examination and Treatment of the Ministry of Health and the Department of Social Assistance of the Ministry of Labor, Invalids and Social Affairs shall be responsible for organizing inspections and evaluations of the implementation of this Circular, and reporting to the Minister of Health and the Minister of Labor, Invalids and Social Affairs.

During the implementation process, if there are difficulties or obstacles, units and localities need to promptly reflect them to the Ministry of Health and the Ministry of Labor, Invalids and Social Affairs for consideration and resolution./.