Law on Persons with Disabilities No. 51/2010/QH12

LAW

Persons with disabilities

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BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

The National Assembly enacts the Law on Persons with Disabilities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Law stipulates the rights and obligations of persons with disabilities; the responsibilities of the State, families, and society towards persons with disabilities.

Article 2. Interpretation of Terms

In this Law, the following terms shall be understood as follows:

1. A person with disabilities is an individual who has a deficiency in one or more body parts or a reduction in function manifested as a disability that causes difficulties in labor, daily life, and education.

2. Discrimination against persons with disabilities is an attitude of contempt or disrespect for persons with disabilities due to their disability.

3. Discriminatory treatment of persons with disabilities is behavior of alienation, rejection, abuse, defamation, prejudice, or restriction of the rights of persons with disabilities due to their disability.

4. Inclusive education is a method of educating persons with disabilities together with those without disabilities in educational institutions.

5. Special education is a method of education specifically provided for persons with disabilities in educational institutions.

6. Integrated education is a method combining inclusive education and special education for persons with disabilities in educational institutions.

7. Independent living is when a person with disabilities can autonomously decide on issues related to their own life.

8. Accessibility is the ability of persons with disabilities to use public facilities, transportation means, information technology, cultural, sports, tourism services, and other appropriate services to be able to integrate into the community.

Article 3. Types of disabilities and levels of disability

1. Types of disabilities include:

a) Mobility impairment;

b) Hearing and speech impairment;

c) Visual impairment;

d) Neurological and mental impairment;

đ) Intellectual impairment;

e) Other impairments.

2. Persons with disabilities are classified according to the following levels of disability:

a) Severely disabled persons are those whose disability prevents them from independently performing daily personal care activities;

b) Moderately disabled persons are those whose disability prevents them from independently performing some daily personal care activities;

c) Mildly disabled persons are those with disabilities not falling under the cases specified in points a and b of this clause.

3. The Government shall provide detailed regulations on types of disabilities and levels of disability as stipulated in this Article.

Article 4. Rights and Obligations of Persons with Disabilities

1. Persons with disabilities are guaranteed the implementation of the following rights:

a) Equal participation in social activities;

b) Independent living and integration into the community;

c) Exemption or reduction of certain contributions to social activities;

d) Care for health, functional recovery, education, vocational training, employment, legal assistance, access to public facilities, transportation, information technology, cultural, sports, tourism services, and other appropriate services based on the type and level of disability;

đ) Other rights as prescribed by law.

2. Persons with disabilities fulfill their civic duties as prescribed by law.

Article 5. State Policies on Persons with Disabilities

1. Annually, the State allocates budget funds to implement policies on persons with disabilities.

2. Prevention and reduction of congenital disabilities, disabilities caused by accidents, diseases, and other risks leading to disabilities.

3. Social assistance; support for persons with disabilities in healthcare, education, vocational training, employment, culture, sports, entertainment, access to public facilities and information technology, traffic participation; priority implementation of social assistance policies and support for children and elderly persons with disabilities.

4. Integration of policies on persons with disabilities into economic and social development policies.

5. Creating conditions for persons with disabilities to undergo corrective surgery, functional recovery; overcoming difficulties, independent living, and integration into the community.

6. Training and capacity building for personnel involved in counseling and caring for persons with disabilities.

7. Encouraging assistance activities for persons with disabilities.

8. Creating conditions for organizations of persons with disabilities and organizations for persons with disabilities to operate.

9. Awarding agencies, organizations, and individuals with outstanding achievements and contributions in assisting persons with disabilities.

10. Strictly handling agencies, organizations, and individuals who violate the provisions of this Law and other relevant laws.

Article 6. Socialization of Activities to Assist Persons with Disabilities

1. The State encourages organizations and individuals to invest, sponsor, and provide financial and technical assistance for activities related to orthopedic treatment, functional recovery, care, education, vocational training, job creation, and other services to assist persons with disabilities.

2. Organizations and individuals investing in the construction of facilities for orthopedic treatment, functional recovery, care, education, vocational training, job creation, or other service facilities to assist persons with disabilities shall enjoy socialization preferential policies in accordance with the provisions of the law.

Article 7. Responsibilities of Agencies, Organizations, and Individuals

1. Agencies and organizations within their respective duties and authorities have the responsibility to care for and protect the legitimate rights and interests of persons with disabilities.

2. The Vietnam Fatherland Front and its member organizations have the responsibility to mobilize society to assist persons with disabilities in accessing social services, living in community integration; participate in building, monitoring the implementation of policies, laws, and programs, projects assisting persons with disabilities.

3. Every individual has the responsibility to respect, assist, and help persons with disabilities.

Article 8. Responsibilities of Families

1. Families have the responsibility to educate and create conditions for family members to enhance awareness about disability issues; implement measures to prevent and reduce congenital disabilities, disabilities caused by accidents, illnesses, and other risks leading to disabilities.

2. Families of persons with disabilities have the following responsibilities:

a) Protecting, raising, and caring for persons with disabilities;

b) Creating conditions for persons with disabilities to receive healthcare and exercise their rights and obligations;

c) Respecting the opinions of persons with disabilities in deciding matters related to their own lives and those of their families;

d) Implementing the provisions of Clause 1 of this Article.

Article 9. Organizations of Persons with Disabilities and Organizations for Persons with Disabilities

1. Organizations of persons with disabilities are social organizations established and operating in accordance with the law to represent the legitimate rights and interests of members who are persons with disabilities, participating in building and supervising the implementation of policies and laws concerning persons with disabilities.

2. Organizations for persons with disabilities are social organizations established and operating in accordance with the law to carry out activities to assist persons with disabilities.

Article 10. Disability Assistance Fund

1. The Disability Assistance Fund is a charitable social fund aimed at mobilizing resources to assist persons with disabilities.

2. The Disability Assistance Fund is formed from the following sources:

a) Voluntary contributions and sponsorship from domestic and foreign organizations and individuals;

b) Support from the state budget;

c) Other lawful revenues.

3. The Disability Assistance Fund is established and operates in accordance with the provisions of the law.

Article 11. Vietnam Disability Day

April 18th each year is Vietnam Disability Day.

Article 12. International Cooperation on Disability

1. International cooperation on disability is carried out based on respecting independence, sovereignty, territorial integrity, equality, and compliance with Vietnamese law and international law.

2. Contents of international cooperation on disability include:

a) Building and implementing international cooperation programs and projects on disability;

b) Participating in international organizations; signing, joining, and implementing international treaties and agreements related to disability;

c) Exchanging information and experiences related to disability issues.

Article 13. Information, Communication, Education

1. Information, communication, and education on disability issues shall aim to prevent and reduce disabilities; enhance awareness, change attitudes and behaviors towards disability issues; combat discrimination and unfair treatment against persons with disabilities.

2. The content of information, communication, and education on disability issues includes:

a) Rights and obligations of persons with disabilities;

b) Party guidelines, policies, and state laws regarding persons with disabilities;

c) Responsibilities of agencies, organizations, individuals, and families towards persons with disabilities;

d) Causes leading to disabilities and measures to prevent and reduce disabilities;

e) Combating discrimination and unfair treatment against persons with disabilities.

3. Information, communication, and education on disability issues must ensure accuracy, clarity, and practicality; be consistent with cultural traditions and social ethics.

4. Responsibilities for information, communication, and education on disability issues:

a) Agencies and organizations within their respective duties and authorities have the responsibility to provide information, communication, and education on disability issues;

b) People's Committees at all levels are responsible for organizing and implementing information, communication, and education activities on disability issues for the local population;

c) Mass media agencies have the responsibility to prioritize space and position for publishing on print newspapers, online news, and broadcasting timeslots and durations for information, communication, and education on disability issues on radio and television stations according to regulations of the Minister of Information and Communications.

Article 14. Prohibited Acts

1. Discrimination and unfair treatment against persons with disabilities.

2. Violation of the physical body, dignity, honor, property, lawful rights, and interests of persons with disabilities.

3. Luring, enticing, or forcing persons with disabilities to commit acts violating laws and social morals.

4. Exploiting persons with disabilities, organizations of persons with disabilities, organizations for persons with disabilities, images, personal information, or conditions of persons with disabilities for personal gain or to commit acts violating laws.

5. Persons responsible for nurturing and caring for persons with disabilities fail to fulfill or inadequately fulfill their responsibilities for nurturing and caring for persons with disabilities as prescribed by law.

6. Obstructing the right to marriage and the right to raise children of persons with disabilities.

7. Deception in determining the degree of disability or issuing certificates confirming disability.

Chapter II

CONFIRMATION OF DISABILITY

Article 15. Responsibility for Determining the Degree of Disability

1. The determination of the degree of disability is carried out by the Disability Degree Determination Council.

2. In the following cases, the determination of the degree of disability is carried out by the Medical Appraisal Board:

a) The Disability Degree Determination Council cannot reach a conclusion on the degree of disability;

b) The person with a disability or their legal representative disagrees with the conclusion of the Disability Degree Determination Council;

c) There is evidence that the Disability Degree Determination Council's determination of the degree of disability is not objective or accurate.

3. Where there is a conclusion from the Medical Appraisal Board on self-care ability and reduction in work capacity, the determination of the degree of disability shall be made in accordance with the Government's regulations.

Article 16. Disability Assessment Council

1. The Disability Assessment Council shall be established by the Chairman of the People's Committee at the commune, ward, or town level (hereinafter referred to collectively as the commune level).

2. The Disability Assessment Council shall consist of the following members:

a) The Chairman of the People's Committee at the commune level shall be the Chairman of the Council;

b) The head of the commune-level health station;

c) The commune-level civil servant responsible for labor, war invalids, and social affairs;

d) The head or deputy head of the Vietnam Fatherland Front Organization, Women's Union, Youth Union, or Veterans' Association at the commune level;

e) The head of the disability organization at the commune level where such an organization exists.

3. The Chairman of the Council shall be responsible for organizing and chairing the activities of the Council. The Council operates on a collective basis. A meeting of the Council is only valid when at least two-thirds of its members are present. The Council's conclusions are adopted through majority voting; in case of a tie, the decision is made according to the opinion of the Chairman of the Council. The Council's conclusions are documented in writing and signed by the Chairman of the Council.

4. The Disability Assessment Council decides independently and is responsible under the law for the honesty in determining the degree of disability.

5. The Minister of Labor, War Invalids, and Social Affairs shall provide detailed regulations on the operation of the Disability Assessment Council.

Article 17. Method of Determining the Degree of Disability

1. The determination of the degree of disability as prescribed in Clause 1 of Article 15 of this Law shall be carried out by directly observing the disabled person, through performing simple activities serving daily personal needs, using a set of questions based on medical, social criteria, and other simple methods to conclude the degree of disability for each disabled person. The Minister of Labor, War Invalids, and Social Affairs shall lead the coordination with the Minister of Health and the Minister of Education and Training to provide detailed regulations on this matter.

2. The Minister of Health shall lead the coordination with the Minister of Labor, War Invalids, and Social Affairs to provide detailed regulations on the determination of the degree of disability for cases as prescribed in Clause 2 of Article 15 of this Law.

Article 18. Procedure for Determining the Degree of Disability

1. When there is a need to determine the degree of disability, the disabled person or their lawful representative shall submit a request to the People's Committee at the commune level where the disabled person resides.

2. Within thirty days from the date of receipt of the request to determine the degree of disability, the Chairman of the People's Committee at the commune level shall be responsible for convening the Disability Assessment Council and notifying the time of the disability assessment to the disabled person or their lawful representative.

3. The Disability Assessment Council shall organize the determination of the degree of disability, establish a file for the disability assessment, and issue a conclusion.

4. Within five working days from the date of the Council's conclusion on the degree of disability, the Chairman of the People's Committee at the commune level shall publicly post and announce the Council's conclusion on the degree of disability and issue a disability confirmation certificate.

5. The Minister of Labor, War Invalids, and Social Affairs shall provide detailed regulations on the procedures, formalities, and files for determining the degree of disability as stipulated in this Article.

Article 19. Certificate of Disability

1. The Certificate of Disability shall contain the following basic contents:

a) Name, date of birth, gender of the person with disability;

b) Address of residence of the person with disability;

c) Type of disability;

d) Degree of disability.

2. The Certificate of Disability shall be valid from the date the Chairman of the People's Committee of the commune signs it.

3. The Minister of Labor, Invalids and Social Affairs shall stipulate the procedures for exchanging, reissuing, and revoking the Certificate of Disability.

Article 20. Reassessment of the Degree of Disability

1. The reassessment of the degree of disability shall be carried out upon the request of the person with disability or their lawful representative when there is an event that changes the degree of disability.

2. The procedures and formalities for reassessing the degree of disability and issuing the Certificate of Disability shall be implemented in accordance with Articles 18 and 19 of this Law.

Chapter III

HEALTH CARE

Article 21. Initial Health Care at Place of Residence

1. The commune health station shall have the following responsibilities:

a) Implement various forms of propaganda, education, dissemination of general knowledge on health care, prevention, and reduction of disabilities; guide persons with disabilities on methods to prevent diseases, self-care, and functional recovery;

b) Establish files to monitor and manage the health of persons with disabilities;

c) Conduct medical examinations and treatments within the scope of their expertise for persons with disabilities.

2. The funds to implement the provisions set forth in points a and b of Clause 1 of this Article shall be guaranteed by the state budget.

Article 22. Medical Examination and Treatment

1. The State shall ensure that persons with disabilities can access medical examinations, treatment, and appropriate healthcare services.

2. Persons with disabilities shall enjoy health insurance policies in accordance with laws on health insurance.

3. Families of persons with disabilities shall have the responsibility to create favorable conditions for them to undergo medical examinations and treatment.

4. Persons with disabilities who suffer from mental illness in a state of agitation, depression, suicidal thoughts, or behavior posing danger to others shall be supported with living expenses, travel costs, and treatment fees during mandatory treatment at medical facilities.

5. Encourage organizations and individuals to support the provision of medical examinations and treatment for persons with disabilities.

Article 23. Responsibilities of Medical Examination and Treatment Facilities

1. Implement appropriate measures for medical examination and treatment for persons with disabilities.

2. Prioritize medical examination and treatment for severely disabled persons, extremely disabled persons, disabled children, elderly disabled persons, and pregnant disabled women according to laws on medical examination and treatment.

3. Advise preventive measures and early detection of disabilities; identify congenital disabilities in newborns to promptly take appropriate treatment and corrective actions for functional recovery.

4. Upgrade and improve infrastructure to serve medical examination and treatment that does not meet accessibility requirements for persons with disabilities.

Article 24. Rehabilitation and Functional Recovery Facilities

1. Rehabilitation and functional recovery facilities are institutions providing rehabilitation and functional recovery services for persons with disabilities.

2. Rehabilitation and functional recovery facilities include:

a) Orthopedic and Functional Recovery Institutes;

b) Orthopedic and Functional Recovery Centers;

c) Rehabilitation and Convalescent Hospitals;

d) Functional Recovery Departments of medical examination and treatment facilities;

đ) Functional Recovery Units of social welfare institutions;

e) Other facilities.

3. The establishment and operation of rehabilitation and functional recovery facilities shall be carried out in accordance with the law.

4. The State shall ensure investment in construction of technical infrastructure for public rehabilitation and functional recovery facilities.

Article 25. Community-based rehabilitation

1. Community-based rehabilitation is a measure implemented within the community aimed at transferring knowledge about disabilities, rehabilitation skills, and positive attitudes to persons with disabilities, their families, and the community, thereby creating equal opportunities and promoting community integration for persons with disabilities.

2. Persons with disabilities shall be provided conditions and support for community-based rehabilitation.

3. The family of persons with disabilities has the responsibility to create favorable conditions for persons with disabilities to engage in community-based rehabilitation.

4. Orthopedic and rehabilitation facilities have the responsibility to participate in guiding specialized activities related to community-based rehabilitation.

5. People's Committees at all levels shall be responsible for building and organizing the implementation of community-based rehabilitation programs; creating conditions for agencies, organizations, and individuals to organize or participate in community-based rehabilitation activities.

Article 26. Scientific Research, Training of Specialists, Production of Equipment for Persons with Disabilities

1. The State shall provide funding according to projects for agencies and organizations conducting scientific research on persons with disabilities, training specialists and technicians in orthopedics and rehabilitation.

2. Production bases for orthopedic devices, means, and equipment for rehabilitation, assistance in daily living, study, and work for persons with disabilities shall be eligible for preferential loans and tax exemptions or reductions as prescribed by law.

3. Orthopedic devices, means, and equipment for rehabilitation, assistance in daily living, study, and work for persons with disabilities from non-repayable aid programs or donated or supported by foreign organizations or individuals shall be exempted or reduced in taxes as prescribed by tax laws.

Chapter IV

EDUCATION

Article 27. Education for Persons with Disabilities

1. The State shall create conditions for persons with disabilities to study in accordance with their needs and capabilities.

2. Persons with disabilities may enroll at an older age than the prescribed age for general education; they shall be given priority in admissions; certain subjects or educational contents and activities that the individual cannot meet shall be exempted or reduced; tuition fees, training costs, and other payments shall be waived or reduced; scholarships, support for learning materials and tools shall be considered.

3. Persons with disabilities shall be provided with learning aids and materials specifically when necessary; deaf and mute persons shall learn through sign language; blind persons shall learn through Braille according to national standards.

4. The Minister of Education and Training shall take the lead in coordinating with the Ministers of Labor, Invalids and Social Affairs and Finance to detail Clause 2 of this Article.

Article 28. Methods of Educating Persons with Disabilities

1. Methods of educating persons with disabilities include inclusive education, semi-inclusive education, and special education.

2. Inclusive education is the main method of education for persons with disabilities. Semi-inclusive education and special education shall be implemented in cases where conditions for inclusive education are not yet met.

3. Persons with disabilities, parents, or guardians of persons with disabilities shall choose an appropriate educational method suitable for the development of the individual person with disabilities. Families have the responsibility to create conditions and favorable opportunities for persons with disabilities to study and develop according to their capabilities. The State encourages persons with disabilities to participate in education through inclusive methods.

Article 29. Teachers, educational managers, and educational support staff

1. Teachers, educational managers participating in education for persons with disabilities, and educational support staff for persons with disabilities shall be trained and updated on specialized knowledge, professional skills, and abilities to meet the needs of educating persons with disabilities.

2. Teachers, educational managers participating in education for persons with disabilities, and educational support staff for persons with disabilities shall enjoy additional allowances and preferential policies as prescribed by the Government.

Article 30. Responsibilities of Educational Institutions

1. Ensuring appropriate teaching and learning conditions for persons with disabilities, without refusing to admit persons with disabilities to study contrary to the provisions of the law.

2. Implementing improvements and upgrades to teaching and learning facilities that do not meet accessibility requirements for persons with disabilities.

Article 31. Centers for Supporting Inclusive Education Development

1. Centers for Supporting Inclusive Education Development are institutions providing curriculum content, teaching and learning equipment, materials, counseling, and educational support services, organizing education suitable to the characteristics and circumstances of persons with disabilities.

2. Centers for Supporting Inclusive Education Development have the following responsibilities:

a) Identifying disabilities to advise on selecting appropriate educational methods;

b) Implementing early intervention measures for persons with disabilities in the community to select appropriate educational methods;

c) Providing psychological, health, educational, and vocational guidance to select appropriate educational methods;

d) Supporting persons with disabilities at home, in educational institutions, and in the community;

e) Providing specialized curriculum content, teaching and learning equipment, and materials suitable for each type and level of disability.

3. The establishment and operation of Centers for Supporting Inclusive Education Development must ensure the following conditions:

a) Having physical infrastructure, equipment, and supportive services suitable for the characteristics of persons with disabilities;

b) Having a team of managers, teachers, and educational support staff with professional qualifications suitable for educating persons with disabilities;

c) Having educational programs, training content, and advisory materials suitable for educating persons with disabilities.

4. The Chairman of the People's Committee of provinces and centrally governed cities shall establish or permit the establishment of Centers for Supporting Inclusive Education Development.

5. The Minister of Education and Training, in coordination with the Minister of Labor, Invalids, and Social Affairs, shall specify detailed conditions for the establishment and operation of Centers for Supporting Inclusive Education Development as stipulated in Clause 3 of this Article.

Chapter V

VOCATIONAL TRAINING AND EMPLOYMENT

Article 32. Vocational Training for Persons with Disabilities

1. The State ensures that persons with disabilities are provided free vocational counseling, and have equal opportunities to choose and learn trades based on their capabilities and abilities compared to others.

2. Vocational training institutions shall be responsible for issuing certificates and diplomas recognizing vocational training when persons with disabilities complete the training program and meet the required conditions as prescribed by the head of the competent state management agency for vocational training.

3. Vocational training institutions organizing vocational training for persons with disabilities must ensure appropriate training conditions for persons with disabilities and enjoy preferential policies as prescribed by law.

4. Persons with disabilities undergoing vocational training and vocational teachers for persons with disabilities shall enjoy benefits and policies as prescribed by law.

Article 33. Employment for Persons with Disabilities

1. The State creates conditions for persons with disabilities to recover their work functions, receive free employment counseling, obtain employment, and engage in work suitable to their health and characteristics.

2. Agencies, organizations, enterprises, and individuals may not refuse to hire persons with disabilities who meet the recruitment criteria or set recruitment standards contrary to the provisions of the law with the aim of limiting employment opportunities for persons with disabilities.

3. Agencies, organizations, enterprises, and individuals employing laborers with disabilities shall arrange and organize work according to specific conditions, ensuring appropriate working conditions and environments for persons with disabilities.

4. Agencies, organizations, enterprises, and individuals employing laborers with disabilities must fully comply with the legal provisions on labor concerning laborers with disabilities.

5. Organizations introducing employment have the responsibility to provide vocational training advice, employment counseling, and job introduction services for persons with disabilities.

6. Persons with disabilities who create their own jobs or households that create jobs for persons with disabilities are entitled to preferential interest loans for production and business activities, receive guidance on production, technology transfer, and support for product sales in accordance with the Government's regulations.

Production and business units employing thirty percent or more of their total workforce as workers with disabilities shall be supported in improving working conditions and environments suitable for persons with disabilities; exempted from corporate income tax; provided preferential interest loans under development projects for production and business activities; given priority in leasing land, premises, water surfaces, and exemptions or reductions in land, premises, and water surface rental fees for production and business activities based on the proportion of workers with disabilities, the degree of disability of the workers, and the scale of the enterprise.

Article 35. Policy on Hiring Persons with Disabilities

1. The State encourages agencies, organizations, and enterprises to hire persons with disabilities. Enterprises employing many workers with disabilities shall enjoy preferential policies as stipulated in Article 34 of this Law.

2. The Government shall detail the policy encouraging agencies, organizations, and enterprises to hire persons with disabilities as specified in Clause 1 of this Article.

Chapter VI

CULTURE, SPORTS, ENTERTAINMENT AND TOURISM

Article 36. Cultural, Sports, Entertainment and Tourism Activities for Persons with Disabilities

1. The State supports cultural, sports, entertainment, and tourism activities suitable for the characteristics of persons with disabilities; creates conditions for persons with disabilities to enjoy culture, sports, entertainment, and tourism.

2. Severely disabled persons are exempted, and moderately disabled persons are granted discounts on ticket prices and service charges when using certain cultural, sports, entertainment, and tourism services in accordance with the Government's regulations.

3. The State and society create conditions for persons with disabilities to develop talents and skills in culture, arts, and sports; participate in artistic creation and performance, sports training and competition.

4. The State supports the design, manufacture, and production of equipment and facilities serving cultural and sports activities; encourages agencies, organizations, and individuals to design, manufacture, and produce equipment and facilities serving cultural, sports, entertainment, and tourism activities suitable for persons with disabilities.

Article 37. Cultural, Sports, Entertainment, and Tourism Activities for Persons with Disabilities

1. Cultural, sports, entertainment, and tourism activities for persons with disabilities shall be integrated into community cultural life, organized diversely in terms of forms, to meet the needs for enjoying culture, sports, entertainment, and tourism of persons with disabilities.

2. National Paralympic Games, sports competitions, and artistic contests for persons with disabilities shall be organized in accordance with the characteristics, needs of persons with disabilities, and economic and social conditions.

Article 38. Responsibilities of Cultural, Sports, Entertainment, and Tourism Facilities

1. Investment in physical infrastructure, assistive devices, and creation of favorable conditions for persons with disabilities to participate in cultural activities, physical exercise, sports, entertainment, and tourism; allocation of human resources, means, and tools to support persons with disabilities when organizing cultural, sports, entertainment, and tourism activities.

2. Implementation of renovation and upgrading of physical infrastructure that does not meet accessibility requirements for persons with disabilities.

3. Equipment and facilities serving cultural, sports, entertainment, and tourism activities for persons with disabilities must ensure safety, convenience, and suitability for the characteristics of persons with disabilities.

Chapter VII

APARTMENTS, PUBLIC CONSTRUCTIONS, TRANSPORTATION, INFORMATION AND COMMUNICATION TECHNOLOGY

Article 39. Apartments and Public Constructions

1. Approval of design, construction, and acceptance of new construction projects, renovation, and upgrading of apartments, office buildings, and technical infrastructure, social infrastructure projects must comply with the national technical standards on construction to ensure accessibility for persons with disabilities.

2. Apartments, office buildings, and public technical infrastructure, social infrastructure constructed before this Law comes into effect but do not meet accessibility conditions for persons with disabilities must be renovated and upgraded to ensure accessibility according to the schedule specified in Article 40 of this Law.

Article 40. Renovation Schedule for Apartments and Public Constructions

1. By January 1, 2020, the following public constructions must ensure accessibility conditions for persons with disabilities:

a) Offices of state agencies;

b) Train stations, bus terminals, ferry piers;

c) Medical examination and treatment facilities;

d) Educational and vocational training institutions;

e) Cultural and sports constructions.

2. By January 1, 2025, all apartments, office buildings, public technical infrastructure, and social infrastructure not covered under paragraph 1 of this Article must ensure accessibility conditions for persons with disabilities.

3. The Government shall specify detailed implementation procedures for the renovation schedule for each type of construction as stipulated in paragraphs 1 and 2 of this Article.

Article 41. Participation in Transportation by Persons with Disabilities

1. Personal transportation vehicles of persons with disabilities participating in traffic must comply with national technical standards and be suitable for the health condition of persons with disabilities. Personal transportation vehicles requiring driving licenses, persons with disabilities may learn and obtain driving licenses for such vehicles.

2. When using public transportation, persons with disabilities are entitled to use assistive devices or corresponding assistance; they are allowed to carry and exempted from fees for carrying appropriate assistive devices and equipment.

3. Severely and extremely disabled persons are exempted or granted discounts on fares and service charges when using certain types of public transportation as prescribed by the Government.

4. Persons with disabilities are given priority in purchasing tickets and assisted in being seated conveniently when using public transportation.

4. Persons with disabilities shall be given priority in purchasing tickets and assisted in arranging convenient seating when using public transportation.

Article 42. Public transportation vehicles

1. Public transportation vehicles must have priority spaces for persons with disabilities; provide convenient tools for getting on and off or appropriate assistance based on the characteristics of persons with disabilities.

2. Public transportation vehicles for persons with disabilities to access and use must meet national technical standards for accessible transportation as prescribed by competent state agencies.

3. Units participating in public transport must invest and arrange vehicles to ensure technical standards for accessible transportation along transport routes according to the ratio prescribed by the Government during each period.

4. Public transportation vehicles that meet national technical standards for accessible transportation shall be exempted or granted tax reductions when produced or imported, in accordance with the provisions of the law on taxes.

Article 43. Information technology and communication

1. The State encourages agencies, organizations, businesses, and individuals operating in the field of information technology to apply and develop information technology for persons with disabilities.

2. Mass media agencies have the responsibility to reflect the material and spiritual life of persons with disabilities. Vietnam Television has the responsibility to implement programs with Vietnamese subtitles and sign language for persons with disabilities, as prescribed by the Minister of Information and Communications.

3. The State has policies of tax exemption, reduction, preferential loans, and other support for activities related to research, production, manufacturing, and provision of services and assistive devices for persons with disabilities to access information technology and communication; supports the collection, compilation, and publication of Braille materials for visually impaired persons with disabilities, reading materials for hearing and speech-impaired persons with disabilities, and intellectually disabled persons.

Chapter VIII

SOCIAL ASSISTANCE

Article 44. Social allowances and monthly care funding support

1. The beneficiaries of monthly social allowances include:

a) Severely disabled persons, except in cases stipulated in Article 45 of this Law;

b) Persons with serious disabilities.

2. Beneficiaries of monthly care funding support include:

a) Families directly caring for severely disabled persons;

b) Individuals receiving and caring for severely disabled persons;

c) Persons with disabilities as specified in Clause 1 of this Article who are pregnant or nursing children under 36 months old.

3. Persons with disabilities as specified in Clause 1 of this Article who are children or elderly persons shall receive higher social allowances than other persons with the same level of disability.

4. The amount of monthly social allowances and monthly care funding support for each type of beneficiary as prescribed in this Article shall be stipulated by the Government.

Article 45. Care for persons with disabilities in social welfare institutions

1. Severely disabled persons without support and unable to sustain their own lives shall be accepted for care in social welfare institutions.

2. The State provides care funding for severely disabled persons as specified in Clause 1 of this Article to social welfare institutions including:

a) Monthly care allowance;

b) Purchase of personal items and daily necessities;

c) Purchase of health insurance cards;

d) Purchase of common medicines;

đ) Purchase of rehabilitation equipment and assistive devices;

e) Funeral expenses upon death;

g) Monthly personal hygiene expenses for female persons with disabilities.

3. The Government stipulates the amount of monthly care allowance and the funding as specified in Clause 2 of this Article.

Article 46. Funeral Expenses System

Persons with disabilities receiving monthly social allowances shall be supported with funeral expenses upon death. The Government shall stipulate the level of support for funeral expenses.

Article 47. Facilities for People with Disabilities

1. Facilities for people with disabilities are institutions providing care, counseling, and assistance services to persons with disabilities.

2. Facilities for people with disabilities include:

a) Social welfare facilities;

b) Support service facilities for persons with disabilities;

c) Centers supporting independent living for persons with disabilities;

d) Other facilities for people with disabilities.

3. The Government shall stipulate conditions for establishment, operation, and dissolution of facilities for people with disabilities.

4. The State shall invest in infrastructure and ensure funding for the operation of public facilities for people with disabilities.

Article 48. Responsibilities of Facilities for People with Disabilities

1. Adhere to operational conditions of facilities for people with disabilities; fully implement standards for care, counseling, and assistance services corresponding to each type of facility.

2. Implementation of renovation and upgrading of physical infrastructure that does not meet accessibility requirements for persons with disabilities.

Chapter IX

RESPONSIBILITIES OF STATE ADMINISTRATIVE AUTHORITIES REGARDING PERSONS WITH DISABILITIES

DISABILITY

Article 49. State Management Authorities on Work Related to Persons with Disabilities

1. The Government shall uniformly manage state affairs related to persons with disabilities.

2. The Ministry of Labor, Invalids and Social Affairs shall be responsible before the Government for performing state management functions related to persons with disabilities.

3. Ministries and ministerial-level agencies within their respective duties and powers shall have the responsibility to coordinate with the Ministry of Labor, Invalids and Social Affairs in performing state management over work related to persons with disabilities.

4. People's Committees at all levels within their respective duties and powers shall have the responsibility to perform state management over work related to persons with disabilities.

Article 50. Responsibilities of Ministries, Ministerial-Level Agencies, and People's Committees at All Levels

1. The Ministry of Labor, Invalids and Social Affairs shall have the following responsibilities:

a) To draft and submit to competent authorities for promulgation or promulgate according to its authority legal normative documents, programs, projects, and plans concerning work related to persons with disabilities;

b) To lead and coordinate with ministries, ministerial-level agencies, and provincial-level People's Committees to organize the implementation of legal normative documents on persons with disabilities; programs, projects, and plans concerning work related to persons with disabilities;

c) To draft and submit to the Government for promulgation procedures, files, timeframes, and processes for handling social allowance benefits and funeral expense benefits; processes, procedures, files for accepting and conditions for discontinuing care and support for persons with disabilities in facilities for persons with disabilities;

d) To draft and submit to the Government for promulgation regulations on policies for persons engaged in work related to persons with disabilities; civil servants, employees, caregivers, rehabilitation staff, and specialized staff of organizations of persons with disabilities;

đ) To establish professional standards for civil servants, employees, and caregivers working in facilities for persons with disabilities;

e) To train professional staff engaged in work related to persons with disabilities and caregivers for persons with disabilities in families, communities, and facilities for persons with disabilities;

g) To develop and implement programs to raise awareness about persons with disabilities and work related to them;

h) To inspect and audit the implementation of laws on persons with disabilities;

i) To carry out international cooperation on persons with disabilities;

k) To draft and submit

l) To conduct surveys, statistics, build and manage databases and information, periodically publish reports on persons with disabilities;

m) To plan and manage systems of orthopedic facilities, rehabilitation facilities, and facilities for persons with disabilities within its jurisdiction.

2. The Ministry of Health shall have the following responsibilities:

a) To implement state management over health care for persons with disabilities;

b) To lead and coordinate with the Ministry of Labor, Invalids and Social Affairs to detail activities for rehabilitation of persons with disabilities; training in rehabilitation; implementing prevention programs; guiding community-based rehabilitation for persons with disabilities.

3. The Ministry of Education and Training shall have the following responsibilities:

a) To implement state management over education for persons with disabilities;

b) To stipulate national standards for sign language and Braille for persons with disabilities;

c) To implement planning of specialized educational facilities for persons with disabilities and systems of centers supporting inclusive education development;

d) To train teachers, educational support staff, compile curricula, materials, textbooks, and schoolbooks applicable to learners who are persons with disabilities; direct research, production, and supply of teaching aids suitable for different types and degrees of disability;

đ) To lead and coordinate with the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Health to implement special education programs for children with disabilities.

4. The Ministry of Culture, Sports and Tourism shall have the responsibility to implement state management over cultural, sports, entertainment, and tourism work for persons with disabilities; to direct, guide, and organize activities to improve the cultural and spiritual life of persons with disabilities.

5. The Ministry of Construction shall have the responsibility to lead and coordinate with relevant ministries and ministerial-level agencies to issue, guide, and organize the implementation of national technical standards for residential building construction, office buildings, infrastructure works, and social infrastructure works ensuring accessibility conditions for persons with disabilities.

6. The Ministry of Transport shall have the responsibility to lead and coordinate with relevant ministries and ministerial-level agencies to issue, guide, and organize the implementation of national technical standards for transportation infrastructure, assistive devices, and preferential policies for persons with disabilities participating in public transport.

7. The Ministry of Information and Communications shall have the responsibility to issue, guide, and organize the implementation of national technical standards for information access for persons with disabilities; to direct and guide mass media agencies to carry out publicity and dissemination of policies and laws for persons with disabilities.

8. The Ministry of Science and Technology shall lead and coordinate with relevant ministries and ministerial-level agencies to issue, guide, and organize the implementation of regulations encouraging research, production, and application of products supporting the use by persons with disabilities.

9. The Ministry of Finance shall allocate the budget to implement policies, programs, projects, and assistance plans for persons with disabilities; allocate the budget for investigating, surveying, and statistically analyzing persons with disabilities in accordance with the laws on state budget.

10. The Ministry of Planning and Investment shall review and approve state investment projects for caring for, nurturing, reconstructing, and restoring functions of persons with disabilities; take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs in investigating, surveying, and statistically analyzing persons with disabilities.

11. People's Committees at all levels within their respective duties and authorities shall manage state administration regarding persons with disabilities; integrate disability work into local socio-economic development plans; ensure conditions for persons with disabilities to exercise their rights, obligations, and responsibilities; create favorable conditions for organizations and individuals to participate in supporting persons with disabilities.

Chapter X

IMPLEMENTING PROVISIONS

Article 51. Application of Laws

1. Persons with disabilities who are currently enjoying preferential policies for those who have contributed to the revolution; those who are currently receiving monthly pension or social insurance benefits shall not enjoy the policy prescribed in Clause 1 of Article 44 of this Law but may enjoy the policy prescribed in this Law if the laws on those who have contributed to the revolution or the social insurance laws do not provide such provisions.

2. Persons with disabilities who are eligible for multiple assistance policies for similar social welfare beneficiaries shall only enjoy the highest assistance policy.

3. Persons with disabilities who were receiving care and support at social welfare institutions before this Law comes into effect shall continue to be cared for and supported at such institutions in accordance with Clause 2 of Article 45 of this Law.

Article 52. Effective date

Article 52. Effective Date

1. This Law shall take effect from January 1, 2011.

2. The Ordinance on Disabled Persons in 1998 shall cease to be effective from the date this Law takes effect.

The Government shall provide detailed provisions and guidance on the implementation of the Articles and Clauses assigned in this Law; provide necessary guidance on other contents of this Law to meet management requirements.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the 12th term, the seventh session on June 17, 2010./.