Decree No. 55/1999/NĐ-CP detailing the implementation of certain provisions of the Ordinance on Persons with Disabilities

DECREE OF THE GOVERNMENT

Detailed regulations on the implementation of certain provisions of the Ordinance on Persons with Disabilities

_________________________ 

THE GOVERNMENT

Pursuant to the Government Organization Law dated September 30, 1992;

Based on the Law on Persons with Disabilities dated July 30, 1998;

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

DECREE:

PART I

OBJECTS AND SCOPE OF APPLICATION

Article 1. Protecting, assisting, and creating conditions for persons with disabilities to integrate into society is the responsibility of families, the State, and society.

Persons with disabilities who still have health and ability to work shall be supported to study culture, learn trades, and find employment.

Severely disabled persons without income sources and without support; severely disabled persons with relatives but elderly and frail, whose families are too poor to care for them; disabled children shall be cared for and assisted by the State and society according to the provisions of the Ordinance on Persons with Disabilities and this Decree.

Article 2. Disabled persons who are war invalids, veterans, and those receiving benefits equivalent to war invalids shall enjoy preferential policies under the Ordinance on Preferential Treatment for Revolutionary Activists, Martyrs, and Their Families, War Invalids, Veterans, Anti-War Resistance Participants, and Those Who Have Contributed to the Revolution. Additionally, they shall also enjoy common rights and benefits provided for disabled persons.

Disabled persons shall enjoy the following benefits:

1. Being guided by healthcare agencies regarding health care, functional recovery, and the use of orthopedic devices;

2. Receiving assistance from domestic and foreign organizations and individuals;

3. Establishing, joining, and operating in social organizations, production cooperatives, and businesses of disabled persons in accordance with the law;

4. When there is a need for vocational guidance, career counseling, vocational training, and job search, they shall be assisted by employment service centers with reduced or free services; in cases where they create their own jobs and work from home, they shall be prioritized for loans at preferential interest rates as stipulated by the law;

5. Being provided favorable conditions to participate in cultural activities, physical exercise, and the use of public facilities.

Article 3. Workers who become disabled due to workplace accidents or occupational diseases shall enjoy social insurance benefits according to the Social Insurance Regulations issued together with Decision No. 12/CP dated January 26, 1995 of the Government. In addition, they shall also enjoy the benefits specified in Clauses 1, 2, 3, 4, and 5 of Article 2 of this Decree.

Article 4.Foreign nationals and overseas Vietnamese residing and working in Vietnam shall be subject to the provisions of the Ordinance on Persons with Disabilities as follows:

1. Being able to seek medical treatment at healthcare facilities as stipulated in Clause 1 of Article 10 of the Ordinance;

2. Being guided by healthcare agencies regarding health care, functional recovery, and the use of orthopedic devices as stipulated in Clause 2 of Article 11 of the Ordinance;

3. Being provided conditions to participate in cultural activities, physical exercise, and the use of public facilities.

Article 5. Persons with disabilities shall be assessed for the type and degree of disability to serve as a basis for implementing assistance policies as stipulated by the Ordinance on Persons with Disabilities.

Chapter II

PROVISIONS ON ASSISTANCE TO PERSONS WITH DISABILITIES

Article 6.

1. The minimum regular allowance provided by the state budget for severely disabled persons without income sources and without support; severely disabled persons with elderly and frail relatives, whose families are too poor to care for them, as stipulated in Clause 2 of Article 12 of the Ordinance on Persons with Disabilities is as follows:

a) Allowance provided by the community management unit (ward, commune) at 45,000 VND/person/month;

b) Allowance provided for centralized care at state social facilities at 100,000 VND/person/month;

c) For severely mentally ill persons who have undergone long-term treatment and been assessed by authorized healthcare agencies as chronic and dangerous to society, healthcare agencies shall establish medical records and transfer them to state centralized mental health care facilities, with an allowance of 115,000 VND/person/month.

2. In cases where severely disabled persons receiving social allowances managed by the ward or commune die, the People's Committee of the ward or commune shall be responsible for organizing funerals and determining funeral expenses based on local capacity; in cases where severely disabled persons receiving centralized care at state social facilities die, the social facility shall organize funerals, with funeral expenses determined by the People's Committee of the province or centrally-administered city.

Article 7. Free medical examination and treatment for severely disabled persons without income sources and without support, schizophrenic persons, and poor disabled persons shall be implemented according to Decision No. 95/CP dated August 27, 1994 of the Government on subsidizing part of hospital fees.

The Ministry of Health shall coordinate with the Ministry of Labor, Invalids, and Social Affairs and the Ministry of Finance to guide the level of fee reduction for medical examinations and treatments for disabled persons, excluding those who have been provided with health insurance cards by mass organizations or international organizations.

Article 8.

1. Disabled persons who need artificial limbs or orthopedic devices as prescribed by state rehabilitation facilities shall purchase them at the state-prescribed price or be granted them free of charge upon recommendation by the ward or commune People's Committee to the authorized healthcare agency for consideration and decision according to the following provisions:

a) Severely disabled persons without income sources and without support; severely disabled persons with elderly and frail relatives, whose families are too poor to care for them; disabled children under 15 years old from poor families shall be provided with artificial limbs and orthopedic devices free of charge, funded by the local government budget.

b) Other poor disabled persons shall be supported by the local government budget for 50% of the cost of artificial limbs and orthopedic devices.

The poverty standard shall be defined by the Ministry of Labor, Invalids, and Social Affairs.

2. The Ministry of Health, Ministry of Labor, Invalids, and Social Affairs, and Ministry of Finance shall stipulate procedures for providing artificial limbs and orthopedic devices; meal and medication allowances at rehabilitation and functional recovery facilities; travel expenses for disabled persons; and the usage period for artificial limbs and orthopedic devices.

Article 9. Personnel assigned the task of directly caring for severely disabled persons in state-managed centralized care facilities shall receive allowances as stipulated in Clause 4 of Article 12 of the Ordinance on Persons with Disabilities. During the period of enjoying these benefits, they shall not receive other allowances.

The Government Organizational Structure - Civil Servants Department shall take the lead in coordinating with the Ministry of Health, the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance to guide the implementation of the allowance system for staff assigned the task of regularly and directly caring for severely disabled individuals.

Article 10. Vocational learners, supplementary vocational learners, students who are disabled studying at vocational training centers, public schools shall be eligible for reductions or exemptions in tuition fees and other contributions upon assessment by the vocational training center or school; they may also be granted scholarships and social allowances according to current State regulations, with funding sourced from the annual budget allocated for educational and training services.

Students who are disabled studying at semi-public, private, or self-financed schools shall also benefit from reductions or exemptions in tuition fees, following guidelines issued by the Ministry of Finance and the Ministry of Education and Training.

Article 11.

1. Disabled students without guardianship are recommended for acceptance by the People's Committee of communes, wards, and are exempted from tuition fees; during their stay, they shall receive a monthly social allowance of 100,000 VND and be provided with appropriate textbooks and learning materials suitable for their grade level, as stipulated by the Ministry of Education and Training, funded from the annual budget allocated for educational services.

2. Teachers directly instructing in specialized schools including cultural and vocational schools exclusively for disabled individuals shall enjoy preferential treatment equivalent to that applied to teachers in public schools according to current State regulations.

3. Organizations and individuals establishing charitable schools or classes exclusively for disabled individuals shall be facilitated by local authorities in obtaining permits for operation. Vocational training centers admitting disabled individuals for vocational training and production, business establishments exclusively for disabled individuals shall be entitled to tax reductions or exemptions according to current State regulations.

Article 12.

Employment and job opportunities for disabled individuals shall be implemented in accordance with Decree No. 81/CP dated November 23, 1995, guiding detailed provisions of the Labor Code concerning disabled workers.

Article 13. Administrative state agencies at the district level and above, and public service units requiring new recruitment of civil servants, employees, or contractual labor positions must publicly announce and not refuse to accept disabled individuals who meet the required qualifications for the position. Recruitment criteria must be uniformly applied to both non-disabled and disabled individuals, except where related to occupational nature or work requirements.

Article 14. Domestic or foreign organizations and individuals, overseas Vietnamese providing humanitarian aid or non-reimbursable assistance to disabled individuals have the right to propose assistance targets and beneficiaries through the Disabled Assistance Fund, production and business associations of disabled individuals, local authorities, social organizations, or direct support to social welfare facilities for disabled individuals or individual disabled persons.

Organizations and units receiving financial support are responsible for transferring the full amount of the financial support directly to the beneficiaries.

Article 15.The People's Committee of communes, wards shall be responsible for implementing social allowances as prescribed in Point a, Clause 1, Article 6 of this Decree, while coordinating with the United Front and other local social organizations to create appropriate forms and measures to assist disabled individuals within their capacity; reviewing particularly difficult cases of severely disabled individuals under their management area, proposing to the Department of Labor, Invalids and Social Affairs at the district level to submit to competent authorities for decision on admission to state social welfare facilities.

Chapter III

RESPONSIBILITIES OF STATE AGENCIES

Article 16.

1. The Ministry of Labor, Invalids and Social Affairs shall manage the national affairs regarding the protection and care of disabled individuals; research and promulgate or submit to the Government for promulgation policies applicable to disabled individuals concerning vocational training, employment creation, and social assistance; organize and manage rehabilitation and functional recovery centers for disabled individuals, war invalids, veterans, and other state social welfare facilities.

2. The Ministry of Health shall be responsible for managing national affairs regarding orthopedic and functional recovery; coordinate with the Ministry of Labor, Invalids and Social Affairs to define disability classification and grading; develop and implement primary healthcare programs to prevent disabilities and community-based functional recovery programs for disabled individuals suitable to the country's economic development capabilities and scientific and technological levels; organize and manage rehabilitation and orthopedic functional recovery centers, systems within general and specialized hospitals.

3. The Ministry of Education and Training shall be responsible for training teachers and compiling curricula, textbooks applicable to disabled students; coordinate with the Ministry of Health to compile training programs for specialized functional recovery personnel and medical rehabilitation textbooks in secondary and university medical schools; provide teaching equipment and appropriate learning aids for disabled students; organize a network of schools and classes with necessary conditions to admit disabled children for inclusive education; direct the opening of classes, enrollment, teaching, and living arrangements for disabled students in specialized schools.

4. The Ministry of Construction, the Ministry of Transport, and relevant ministries and sectors shall develop planning standards for public construction projects, hospitals, schools, offices, and public transportation facilities to meet the minimum usage needs of disabled individuals, primarily those with mobility and visual impairments, especially in cities and key transportation hubs as stipulated in Article 26 of the Ordinance on Disabled Individuals.

The Ministry of Transport shall establish preferential treatment rules when using public transportation, reductions or exemptions in fares, and free transportation for wheelchairs and mobility aids for disabled individuals.

5. The Ministry of Culture, Sports and Tourism and mass media agencies shall have plans to widely publicize preventive measures against disabilities, state policies and regulations for persons with disabilities, assistance for persons with disabilities in the community; develop and disseminate programs and literary and artistic works with educational significance about persons with disabilities, sign language programs on television and radio; create conditions for persons with disabilities to participate in cultural activities appropriate to their abilities and health.

6. Other ministries and sectors shall be responsible for organizing the implementation of protection and care for persons with disabilities according to their functions, tasks, and authorities.

7. People's Committees at all levels shall be responsible for managing state affairs related to the protection and care of persons with disabilities in their localities; determine the number and structure of persons with disabilities within their jurisdiction, implement policies and benefits for persons with disabilities, and mobilize the people to prevent disabilities and assist persons with disabilities.

Article 17. Based on the provisions of the Ordinance on Persons with Disabilities and the scope of management of persons with disabilities, each locality, ministry, and sector shall annually prepare financial plans and budget estimates for assisting persons with disabilities within the assigned scope, submit them to the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, and report to the competent authority for decision-making.

The Ministry of Finance shall take the lead and coordinate with the Ministry of Labor, Invalids and Social Affairs to guide localities and ministries/sectors in preparing the aforementioned plans and budgets.

Article 18.

1. The Vietnam Association for the Assistance of Persons with Disabilities shall establish and manage the "Humanitarian Fund for Assisting Persons with Disabilities" at the central level.

The Chairman of the People's Committee of provinces and centrally-administered cities shall establish and manage the "Humanitarian Fund for Assisting Persons with Disabilities" at the local level.

2. The "Humanitarian Fund for Assisting Persons with Disabilities" shall be used for nurturing, purchasing orthopedic equipment, vocational training, job creation, addressing sudden difficulties, supporting the construction of recreational areas for persons with disabilities, and providing scholarships for poor students who are persons with disabilities.

Expenses for assisting persons with disabilities must be ensured to be spent according to purpose; income and expenditure and settlement shall be carried out in accordance with current financial regulations; and be subject to inspection and audit by financial agencies.

3. The Ministry of Labor, Invalids and Social Affairs shall take the lead and coordinate with the Government's Organizational and Civil Servant Department to draft and submit to the Prime Minister for promulgation the Regulations on the organization and operation of the "Humanitarian Fund for Assisting Persons with Disabilities".

Chapter IV

IMPLEMENTING PROVISIONS

Article 19. This Decree takes effect fifteen days from the date of signature.

All previous regulations that conflict with this Decree are hereby abolished.

Article 20. The Ministry of Labor, Invalids and Social Affairs, the Ministry of Health, the Ministry of Education and Training, the Ministry of Finance, and other relevant ministries and sectors, and the People's Committees of provinces and centrally-administered cities shall be responsible for guiding the implementation of this Decree.

Article 21. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, and Chairmen of the People's Committees of provinces and centrally-administered cities shall be responsible for implementing this Decree./.