Circular No. 6-LDTBHH/TT on the issuance, distribution, use, and payment for artificial limbs and orthopedic devices

CIRCULAR

MINISTRY OF LABOR - INVALIDS AND SOCIAL AFFAIRS DECREE NO. 6-LĐ/TBXH/TT OF AUGUST 20, 1987 ON THE DISTRIBUTION, USE, AND PAYMENT FOR ARTIFICIAL LIMBS AND ORTHOPEDIC DEVICES

The previous regulations on the distribution, use, and payment for artificial limbs and orthopedic devices have become unsuitable with the current development of orthopedic techniques and economic and social policies of the Party and State.

Now, the Ministry of Labor - Invalids and Social Affairs hereby re-regulates as follows:

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Persons who suffer disabilities due to combat, work accidents, war accidents, accidental injuries, or congenital diseases, if they are prescribed by rehabilitation facilities (Institutes, Centers) to need artificial limbs and orthopedic devices (braces, corrective clothing, shoes, crutches, etc.), will be considered for issuance of such artificial limbs and orthopedic devices. Depending on each category, they may not have to pay at all, or may receive partial reductions according to the prices set by the State:

II. PERSONS WHO ARE ISSUED ARTIFICIAL LIMBS AND ORTHOPEDIC DEVICES WITHOUT PAYMENT.

1. War invalids, persons entitled to benefits similar to those of war invalids.

2. Civil defense personnel, students currently enrolled in universities, colleges, vocational high schools, or state-run vocational schools who are injured during military training.

3. Youth volunteers injured while performing their duties.

4. Revolutionary veterans receiving monthly allowances.

5. State employees working in agencies or enterprises, or retired due to loss of labor capacity.

6. Persons who have contributed to the revolution and are receiving monthly allowances.

7. Parents and children of martyrs who are not state employees.

8. Key village or ward cadres receiving monthly living expenses subsidies.

9. Persons injured in war confirmed by local authorities.

10. Orphaned disabled children and disabled adults without support.

III. PERSONS WHO MUST PAY THE FULL COST OF ARTIFICIAL LIMBS AND ORTHOPEDIC DEVICES OR RECEIVE PARTIAL REDUCTIONS.

Persons not listed in Section II above must pay the full cost of artificial limbs and orthopedic devices according to the prices set by the State, or receive partial reductions of 30% or 50%, depending on their economic circumstances. The reduction shall be determined by the People's Committee of the commune or ward and proposed to the district Veterans and Social Affairs Office for approval (if the office has been delegated budget authority by the Department).

IV. DURATION OF USE OF ARTIFICIAL LIMBS AND ORTHOPEDIC DEVICES.

1. Artificial legs. The minimum duration of use for artificial legs issued initially is three years, five years for additional work legs, and three years for work legs issued to war invalids, persons entitled to benefits similar to those of war invalids, and sick veterans who have returned to their home areas or are directly engaged in agricultural production requiring work legs. Other categories requesting work legs will no longer be issued living legs.

For children aged 13 to 17, the duration of use is two years, and for those under 12, it is one year.

2. Artificial arms. The minimum duration of use for initial issuance of living arms and work arms is three years, and for ornamental arms, it is five years. The issuance of these types of arms will be based on the capabilities of rehabilitation facilities and the occupational needs of the individuals.

For children aged 13 to 17, the duration of use is two years, and for those under 12, it is one year.

3. Orthopedic braces. The minimum duration of use for initial issuance of orthopedic braces for adults is three years. For children aged 13 to 17, it is two years, and for those under 12, it is one year. Adults using braces attached firmly to shoes can replace shoes after 18 months of use, while those with braces that fit over shoes are initially provided with two pairs of shoes for three years. Children are only provided with one pair of shoes attached to or over the brace for the same duration as the brace.

4. Corrective shoes or sandals. The minimum duration of use is 24 months for adults, 18 months for children aged 13 to 17, and 12 months for those under 12.

5. Orthopedic clothing. The minimum duration of use is two years for adults and one year for children.

6. Other orthopedic devices such as neck collars, supports, leather bands, vests, etc., do not have specified usage durations. Rehabilitation facilities will determine appropriate usage periods based on the specific condition of the disability, illness, and age.

7. Repairing artificial limbs and orthopedic devices.

When artificial limbs or orthopedic devices are damaged and require replacement, the provisions of Sections II and III above shall apply.

8. Additional items issued.

In addition to artificial limbs and orthopedic devices, certain supplementary items are provided as specified in the attached appendix to this circular.

9. Issuance of second and subsequent replacements.

When issuing second or subsequent replacements, the time of the previous issuance must be checked in the orthopedic device issuance record, and the current status of the artificial limbs and orthopedic devices being used must be assessed to decide whether a complete new replacement is needed or only some parts should be replaced despite the expiration of the usage period. For children, annual medical examinations are required, and if new replacements are recommended, rehabilitation facilities may issue them regardless of the specified usage period. If new replacements are necessary, the usage period will be applied as for initial issuance.

V. Food Allowances, Medication Costs, and Travel Expenses.

Regulations on food allowances, nutritional supplements, medication costs at rehabilitation facilities, and travel expenses for obtaining artificial limbs and orthopedic devices are implemented according to current State regulations and guidance from the Ministry of Labor - Invalids and Social Affairs.

VI. OTHER PROVISIONS.

1. Annual Plan for Fitting Artificial Limbs and Orthopedic Devices.

Each year, the provincial Veterans and Social Affairs Department bases its plan for fitting artificial limbs and orthopedic devices with centers on proposals from district Veterans and Social Affairs Offices. The plan is distributed to centers by September each year according to the format prescribed by the Ministry. By November each year, centers inform departments of their plans for receiving and paying for artificial limbs and orthopedic devices.

For the rehabilitation centers under the Ministry, the annual planning for artificial limbs and orthopedic devices shall be implemented as prescribed above.

2. Payment for artificial limbs and orthopedic devices.

The payment includes the cost of artificial limbs, orthopedic devices, and accompanying items. If the recipient does not receive any item, there will be no payment for that item.

The central budget shall cover the costs of artificial limbs and orthopedic devices for the subjects mentioned in Points 1 to 7 of Section II of this Circular. Subjects mentioned in Points 8, 9, and 10 of Section II of this Circular shall be covered by the local budget. Additionally, the local budget shall cover the subjects mentioned in Section III of this Circular. Annually, the Departments of Veterans Affairs and Social Welfare shall settle with the rehabilitation centers the reduced amount according to the referral letter sent by the Department or the Veterans Affairs and Social Welfare Office, and the remaining amount shall be directly paid by the subject to the center.

3. Procedures for Referral to Artificial Limbs and Orthopedic Devices. If the subject seeking artificial limbs and orthopedic devices is an officer, employee, student at school, active military personnel, or disabled veteran residing in a veterans' rehabilitation center, then the referral shall be made by the head of the agency, enterprise, school, rehabilitation center, etc., and the head of the regiment or higher level.

The Veterans Affairs and Social Welfare Office shall issue referral letters for:

- Subjects who are entitled to free artificial limbs and orthopedic devices and are currently not employed in any agency or enterprise such as disabled veterans, war invalids who have returned to their home regions, retired employees, employees who have ceased working due to loss of labor capacity, etc.

- Subjects who are eligible for partial reduction, if the Veterans Affairs and Social Welfare Office has been allocated a budget, otherwise, the referral letter shall be issued by the Department of Veterans Affairs and Social Welfare.

- Subjects who must pay the full cost, the referral letter shall be issued by the Veterans Affairs and Social Welfare Office or the hospital where they are treated.

When obtaining artificial limbs and orthopedic devices, the subjects must carry the following documents:

- Two referral letters clearly stating whether they are entitled to free artificial limbs and orthopedic devices or the extent of reduction, if applicable, or if they must pay the full cost. If the subject pays the full cost, only one referral letter is required.

- An artificial limb and orthopedic device supply book (if already issued), if not yet issued or lost, it must be clearly stated in the referral letter.

This Circular replaces previous documents concerning the issuance of artificial limbs.                        

ANNEX

LIST

ACCESSORIES FOR ARTIFICIAL LIMBS AND ORTHOPEDIC DEVICES.

(Attached to Circular No. 6-LDTXH/TT dated August 20, 1987)

1. Upper Leg:

Wooden crutch 1 pair

End socket cover 9 pieces (or 5 meters of bandage 8-10)

Cloth shoe 1 pair

Socks 2 pairs

Straps 2 pieces

Heel cover 2 pieces (if the type has two ankle joints)

Ankle joint cover 2 pieces

2. Lower Leg:

Wooden crutch 1 pair

End socket cover 9 pieces (or 4 meters of bandage)

Cloth shoe 1 pair

Socks 2 pairs

Straps 2 pieces (if the leg uses straps size 8)

Ankle joint cover 2 pieces (if the leg has two ankle joints)

Heel cover 2 pieces (if the leg has two ankle joints).

3. Artificial Arm:

End socket cover 3 pieces (or 2 meters of bandage 6)

Arm socks 1 pair.

4. Orthopedic Brace:

Wooden crutch 1 pair.

5. Hip Joint Detachable Leg: (issued like upper leg, but replace end socket covers with 3 foam pads suitable for specific injuries).