Joint Circular No. 37/2012/TTLT-BLDTBXH-BYT-BTC-BGDĐT on the determination of disability levels to be carried out by the Disability Level Determination Board

JOINT CIRCULAR

Provisions on determining the degree of disability caused by

The Disability Degree Determination Board shall implement

WHEREAS,ứ The 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);No. INDUSTRIAL EXPLOSIVES - TNP1 EXPLOSIVESonf the Law on Persons with Disabilities (hereinafter referred to as the Decree)No. 28/2012/NĐ-CP);

The Minister of Labor, Invalids and Social Affairs, the Minister of Health, the Minister of Finance, and the Minister of Education and Training issue this Joint Circular to provide for the determination of the degree of disability caused bypoliciesthe Disability Degree Determination Boardồto determine the degree of disability.policiesical disabilities shall implement.

Chapter 1.

General Provisions

Article 1. Scope and Applicability

1. Scope of application:

This Joint Circular stipulates the activities of the Disability Degree Determination Board (hereinafter referred to collectively as the Board); methods for determining and re-determining the degree of disability; files, procedures, and processes for determining the degree of disability; issuance, replacement, reissuance, and revocation of the Certificate of Disability; and funding for the determination of the degree of disability.

2. The objects subject to this Joint Circular include:

a) Management agencies for persons with disabilities;

b) Disability Level Determination Council;

c) Members of the Disability Degree Determination Board;

d) Persons with disabilities;

d) Legal representatives of persons with disabilities.

hograms andArticle 2.

Activities of the Disability Degree Determination Board,

Methods for determining the degree of disability

Article 2. Activities of the Disability Level Determination Council

1. The Disability Degree Determination Board is established by the Chairman of the People's Committee at the commune, ward, or town level (hereinafter collectively referred to as the commune level) in accordance with the provisions of Clause 2, Article 16 of the Law on Persons with Disabilities.

2. The Disability Degree Determination Board operates in accordance with the provisions of Clause 3 and Clause 4, Article 16 of the Law on Persons with Disabilities.

3. The Council shall have the task of determining the type and level of disability; re-determining the level of disability for persons with disabilities when there is an event that changes the level of disability.

4. Responsibilities of Council members:

a) The Chairman of the Board is responsible for organizing and chairing the Board's activities;

b) The commune-level civil servant responsible for labor, invalids, and social affairs work shall be responsible for:

- Receiving applications and files;

- Guiding persons with disabilities to complete their files;

- Recording minutes of Board meetings;

- Advising the Chairman of the Board to draft, perfect, and retain Board documents;

- Performing other tasks assigned by the Chairman of the Board.

c) The head of the commune-level health station shall be responsible for:

- Providing relevant medical information to the Council;

- Performing other tasks assigned by the Chairman of the Board.

d) Members of the Board are responsible for participating in evaluating the degree of disability, attending all meetings to conclude the Board's findings, contributing opinions, and performing tasks assigned by the Chairman of the Board.

5. When establishing or changing members of the Board, the Chairman of the People's Committee at the commune level is responsible for issuing a Decision to establish, replace, or supplement members of the Board.

6. The Council shall have the same term as the People's Committee at the commune level.

7. The Council may use the seal of the People's Committee at the commune level.

Article 3. Method for determining the type and degree of disability

1. Determining the type of disability:

a) Determining the type of disability for children under six years old:

Board members directly observe specific signs of disabled children, interview the legal representative of the child, and use the "Disability Type Determination Form for Children Under Six Years Old" according to Model No. 02 issued together with this Joint Circular to determine the type of disability of the disabled child.

Board members only assess three types of disabilities: physical disability, visual disability, and neurological and mental disability.

b) Determining the type of disability for persons with disabilities aged six years and older:

Board members directly observe specific signs as well as activities of persons with disabilities, interview the person with disabilities or their legal representative, and use the "Disability Type Determination Form for Persons Aged Six Years and Older" according to Model No. 03 issued together with this Joint Circular to determine the type of disability of the person with disabilities.

2. Determining the degree of disability:

a) Determining the degree of disability for disabled children under six years old:

Board members directly observe specific signs of disabled children, interview the legal representative of the child, and use the "Disability Degree Assessment Form for Children Under Six Years Old" according to Model No. 04 issued together with this Joint Circular to assess the degree of disability of the disabled child.

b) Determining the degree of disability for persons with disabilities aged six years and older:

Board members directly observe specific signs as well as activities of persons with disabilities, interview the legal representative of the person with disabilities, and use the "Disability Degree Assessment Form for Persons Aged Six Years and Older" according to Model No. 05 issued together with this Joint Circular to assess the degree of disability of the person with disabilities.

Chapter 3.

Files, procedures, and processes for determining the degree of disability

and issuing the certificate of disability

Article 4. Application for determination and re-determination of disability levelo 1\. The application for determination of disability level includes:

a) An application form according to Model No. 01 issued together with this Joint Circular.

b) Copies of medical documents proving disability: medical records, examination, treatment, surgery papers, or other related documents (if available).

c) Copies of the conclusion of the Medical Examination Board regarding self-care ability and work capacity reduction level for cases where the person with disabilities has had a conclusion from the Medical Examination Board before the effective date of Decree No. 28/2012/NĐ-CP.

2\. The application for re-determination of disability level includes:

b) Copies of the Certificate confirming the disability level.

b) Copies of medical documents proving disability: medical records, examination, treatment, surgery papers, or other related documents (if available).

Article 5. Procedures and sequence for determining and re-determining disability levels

1\. When there is a need to determine or re-determine the disability level, the person with disabilities or their lawful representative shall submit one set of application documents as stipulated in Article 4 of this Joint Circular to the People's Committee of the commune where the person with disabilities resides (when submitting the application, present the household registration book or identity card for the staff receiving the application to compare the information declared in the application).

2\. Within thirty days from the date of receipt of the application for determination of disability level, the Chairman of the People's Committee of the commune shall be responsible for:

a) Summoning members and sending notifications about the time and place of the disability level determination to the person with disabilities or their lawful representatives;

b) Organizing the assessment of the type and degree of disability for the person with disabilities according to the methods and contents prescribed in Article 3 of this Joint Circular; establishing a file, making a record of the conclusion on the disability level of the assessed person according to Model No. 06 issued together with this Joint Circular.

For cases where the person with disabilities has had a conclusion from the Medical Examination Board regarding self-care ability and work capacity reduction level before the effective date of Government Decree No. 28/2012/NĐ-CP, the Disability Level Determination Board bases its conclusion on the Medical Examination Board's conclusion to determine the disability level according to Clause 3, Article 4 of Government Decree No. 28/2012/NĐ-CP.

3\. The process of determining the disability level is carried out at the People's Committee of the commune or Health Station. In cases where the person with disabilities cannot reach the specified location, the Board conducts the disability level determination at the place of residence of the person with disabilities.

4\. For cases as stipulated in Clause 2, Article 15 of the Law on Persons with Disabilities, the Board issues an introduction letter and establishes a list to transfer to the Medical Examination Board for implementation (through the Department of Labor, Invalids and Social Affairs).

1\. For cases conducted by the Board, within five working days from the date of the Board's conclusion record on the disability level of the person with disabilities, the Chairman of the People's Committee of the commune shall publicly post and announce the Board's conclusion at the People's Committee office and issue the Disability Certificate. In cases of complaints, reports, or objections to the Board's conclusion, within five days, the Board shall verify, review, make specific conclusions, and respond in writing to the complainants, reporters, or objectors.

Article 6. Procedures and sequence for issuing the Disability Confirmation Certificate

2\. For cases determined and concluded by the Medical Examination Board on the type and degree of disability: Based on the Medical Examination Board's conclusion on the type and degree of disability, the Chairman of the People's Committee of the commune issues the Disability Certificate according to Model No. 07 issued together with this Joint Circular.

1\. The Disability Certificate must ensure all basic contents prescribed in Clause 1, Article 19 of the Law on Persons with Disabilities.

Article 7. The Disability Confirmation Certificate

2\. The Disability Certificate is made on hard paper, rectangular shape, size 9 cm x 12 cm, light blue background, using Times New Roman font (according to Vietnamese standard code TCVN-6909/2001) according to Model No. 07 issued together with this Joint Circular.

3\. According to the guidance in Clause 1 and Clause 2 of this Article, the People's Committees of provinces and centrally-run cities guide and organize printing of Disability Certificate forms to distribute to communes, wards, and towns within their jurisdiction.

1 and Clause 2 of this Article, the People's Committees of provinces and centrally governed cities shall guide and organize the printing of disability confirmation form blanks to be issued to communes, wards, and towns within their jurisdictions.

Article 8. Exchange, reissue, and revoke Disability Confirmation Certificate

1. The following cases must go through procedures to exchange the Disability Confirmation Certificate:

a) The Disability Confirmation Certificate is damaged and cannot be used.

b) Children with disabilities who are at least six years old.

2. The following situations require procedures for reissuing the Disability Confirmation Certificate:

a) Change in type or degree of disability.

b) Loss of the Disability Confirmation Certificate.

3. In cases where a Disability Confirmation Certificate has already been issued but it is found that the type or degree of disability is incorrect based on the recommendation of inspection and examination agencies, the Disability Confirmation Certificate must be revoked.

Article 9. Procedures for exchanging, reissuing, and revoking the Disability Confirmation Certificateitself place, reissue, or revoke the Disability Confirmation Certificate. 1. When there is a need to exchange or reissue the Disability Confirmation Certificate, persons with disabilities or their lawful representatives shall submit an application according to Form No. 01 attached hereto to the People's Committee of the commune where the person with disabilities resides.

The People's Committee of the commune will issue a new Disability Confirmation Certificate while simultaneously revoking the old Disability Confirmation Certificate.

2. Within five working days, the Chairman of the People's Committee of the commune will decide to exchange or reissue the Disability Confirmation Certificate based on the files currently held. For cases involving changes in the type or degree of disability, they shall be carried out in accordance with the provisions of Article 5 and Article 6 of this Joint Circular.

3. In cases where a Disability Confirmation Certificate has already been issued but the type or degree of disability is incorrect: based on the recommendations of inspection and examination agencies, the Chairman of the People's Committee of the commune will carry out the revocation of the Disability Confirmation Certificate and issue a new Disability Confirmation Certificate according to the correct type and degree of disability.

Funding Implementation

Reciprocal needsoenergy 4.

1. The funding for determining the degree of disability and issuing the Disability Confirmation Certificate is allocated in the annual budget estimate of the commune in accordance with the State Budget Law and guiding documents.

Article 10. Implementation Budget

2. The funding for determining the degree of disability and issuing the Disability Confirmation Certificate is established, allocated, used, managed, and settled in accordance with the State Budget Law, Accounting Law, guiding documents of the laws, and the provisions of Article 11 of this Joint Circular.

Article 11. Content and Expenditure Levels

1. Expenditure for work related to determining the type and degree of disability and issuing the Disability Confirmation Certificate includes:

a) Office supplies expenditure; printing of the Disability Confirmation Certificate, forms; purchasing books, materials serving management work. The actual payment amount is based on the approved budget estimate by the competent authority.

c) Medical examination fees: implemented in accordance with Circular No. 93/2012/TT-BTC dated June 5, 2012, of the Ministry of Finance, which stipulates the level of medical examination fees, collection, management, and use.

b) Expenses for meetings of the Disability Degree Determination Council:

- Chairperson of the Council up to VND 70,000/person/session;

- Participants up to VND 50,000/person/session;

- Water expenses for participants. Maximum expense up to VND 15,000/person/session.

2. Expenditure for propaganda and dissemination of files and related documents to serve the work of determining the degree of disability; training and professional development expenses for members of the Implementation Council in accordance with current regulations on funding implementation for social welfare beneficiaries.

Article 12. Regular Reporting

Chapter 5.

Implementation

Before June 15 and December 15 each year, compile a list of people with disabilities who have received the Disability Confirmation Certificate and send it to the Department of Labor, Invalids, and Social Affairs according to Form No. 08 attached hereto.||| ||| reports

a) Responsibilities of the Commune People's Committee

b) Responsibilities of the Department of Labor, Invalids, and Social Affairs

Before June 30 and December 31 each year, compile a list of people with disabilities who have received the Disability Confirmation Certificate and send it to the Department of Labor, Invalids, and Social Affairs according to Form No. 09 attached hereto.

c) Responsibilities of the Department of Labor, Invalids, and Social Affairs

Compile and report regularly before January 15 and July 15 each year on the list of people with disabilities who have received the Disability Confirmation Certificate and send it to the Ministry of Labor, Invalids, and Social Affairs according to Form No. 10 attached hereto.

1. This Joint Circular takes effect from February 10, 2013.

Article 13. Implementation Provisions

2. Provisions related to people with disabilities in Joint Circular No. 24/2010/TTLT-BLDTBXH-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 assistance policies for 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 assistance policies for social welfare beneficiaries cease to be effective from the date this Joint Circular takes effect.

1. Relevant ministries, departments, provincial people's committees, and centrally-administered municipal people's committees, in accordance with their assigned functions and tasks, shall direct and organize the implementation of the provisions of this Joint Circular.

1. The Minister, Heads of Ministries equivalent to ministries, Heads of government agencies, Chairmen of provincial People's Committees under the central government, and related agencies, units, and individuals are responsible for implementing this Circular.

2. During the implementation process, if there are difficulties, units and localities are requested to promptly reflect them to the Ministry of Labor, Invalids, and Social Affairs, the Ministry of Finance, the Ministry of Health, and the Ministry of Education and Training for guidance, consideration, and resolution.

uring implementation, if there are any difficulties, units and localities are requested to promptly report to the Ministry of Labor, Invalids and Social Affairs, the Ministry of Finance, the Ministry of Health, and the Ministry of Education and Training for guidance, consideration, and resolution.