Decree No. 55/1999/ND-CP of July 10, 1999, detailing the implementation of a number of articles of the ordinance on the disabled

THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence – Freedom – Happiness
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No: 55/1999/ND-CP

Hanoi, July 10, 1999

DECREE

DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ORDINANCE ON THE DISABLED

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on the Disabled of July 30, 1998;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,

DECREES:

Chapter I

OBJECTS AND SCOPE OF APPLICATION

Article 1.- To protect, assist and create conditions for the disabled to integrate themselves into the community is the responsibility of the family, the State and the society.

The disabled persons with enough health and capability of activity shall be supported in education, job training and employment.

Seriously disabled persons without any source of income and without support; seriously disabled persons having close relatives who, however, are old and their families are poor, being economically incapable of taking care of them; and disabled children shall be cared for by the State and society and entitled to social support according to the provisions of the Ordinance on the Disabled and this Decree.

Article 2.- Disabled persons who are war invalids, diseased soldiers and beneficiaries of preferences like war invalids shall enjoy the preferential treatment regime according the “Ordinance on preferential treatment of revolutionary activists, fallen heroes and families of fallen heroes, war invalids, diseased soldiers, activists in the wars of resistance and persons with merits in assisting the revolution”. Besides, they shall be entitled to the interests commonly provided for the disabled.

Disabled persons shall enjoy the following interests:

1. To be provided with guidance by medical agencies on health care, functional rehabilitation and use of orthopedic aids;

2. To benefit from the assistance of organizations and individuals at home and abroad;

3. To be entitled to establish, join and operate in social organizations as well as production and business associations of disabled persons according to the provisions of law;

4. To be assisted by the employment service centers through service charge exemption or reduction, when they have the demand for vocational guidance, vocational consultancy, job training and employment; To be given priority to borrow capital with preferential interest rates as prescribed by law, if they create jobs by themselves and work at their homes;

5. To be given favorable conditions for participation in cultural, physical training and sport activities as well as in the use of public facilities.

Article 3.- Laborers who become disabled due to labor accidents or occupational diseases shall be entitled to the social insurance regime under the Regulation on Social Insurance, issued together with the Governments Decree No.12/CP of January 26, 1995. Besides, they shall enjoy the interests provided for in Clauses 1, 2, 3, 4 and 5, Article 2 of this Decree.

Article 4.- Disabled persons who are foreigners and overseas Vietnamese living and working in Vietnam may apply the provisions of the Ordinance on the Disabled as follows:

1. To be entitled to medical examination and treatment at medical establishments as prescribed in Clause 1, Article 10 of the Ordinance;

2. To be provided with guidance by medical agencies on health care, functional rehabilitation and use of orthopedic aids as prescribed in Clause 2, Article 11 of the Ordinance;

3. To be given conditions for participation in cultural, physical training and sport activities as well as in the use of public facilities.

Article 5.- Disabled persons shall be entitled to the evaluation of their disability forms and extents, which shall serve as basis for the implementation of support policies according to the provisions of the Ordinance on the Disabled.

Chapter II

PROVISIONS ON SUPPORT FOR DISBALED PERSONS

Article 6.-

1. The minimum monthly allowances provided by the State budget for seriously disabled persons without sources of income and support; seriously disabled persons having close relatives who, however, are old and their families are poor, being economically incapable of taking care of them as stipulated in Clause 2, Article 12 of the Ordinance on the Disabled shall be as follows:

a/ Allowance managed by the communes and wards: 45,000 dong/person/month;

b/ Allowance for concentrated fostering at State-run social establishments: 100,000 dong/person/month;

c/ For seriously mentally diseased persons, who have gone through long medical treatment, who are examined and evaluated by the competent medical agency as having the chronic, mental diseases and having acts which may cause dangers to the society, medical agencies shall compile the disease dossiers as prescribed and transfer them to the State-run social establishments for concentrated fostering of mentally diseased persons, with the allowance of 115,000 dong/person/month.

2. In cases where a seriously disabled person, who is enjoying the social allowance and placed under the commune or ward management, dies, the commune/ward Peoples Committee shall have to support the organization of funeral of such person and decide the spending level according to the localitys financial capability; where a seriously disabled person, being fostered at a State-run social establishment, dies, such social establishment shall organize funeral for that person and the spending level shall be decided by the provincial/municipal Peoples Committee.

Article 7.- The provision of free medical examinations and treatments for seriously disabled persons who have no sources of income and no support, mentally diseased persons and poor disabled persons shall comply with the Governments Decree No.95/CP of August 27, 1994 on the partial collection of hospital fee.

The Ministry of Health shall coordinate with the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance in guiding the levels of medical examination and treatment charge reduction/exemption for disabled persons, except for those who have been granted humanitarian medical insurance cards by mass and/or social organizations and agencies or are financially supported by international organizations.

Article 8.-

1. Disabled persons who need to have artificial limps and/or orthopedic aids as prescribed by State-run functional rehabilitation establishments may buy them at prices set by the State or be considered for free supply proposed by the commune/ward Peoples Committees to the competent medical agency for consideration and decision according to the following stipulations:

a/ Seriously disabled persons without sources of income and support; seriously disabled persons having close relatives, who, however, are old and their families are poor, being economically incapable of taking care of them; disabled children of under 15 whose families are poor shall be provided with artificial limps and/or orthopedic aids free of charge, which shall be covered by the local budget.

b/ Other poor disabled persons shall enjoy a 50 subsidy from the local budget to the purchase of artificial limps and/or orthopedic aids.

The criteria for being rated as poor shall be stipulated by the Ministry of Labor, War Invalids and Social Affairs.

2. The Ministry of Health, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance shall jointly stipulate the procedures for the provision of artificial limps and orthopedic aids; the food and medicine expenses regime applicable at orthopedic and functional rehabilitation establishments; the expenses for travelling by disabled persons; and the time-limit for the use of artificial limps and orthopedic aids.

Article 9.- The personnel assigned the task of regularly and directly tending disabled persons in the State-run fostering establishments shall enjoy allowances provided for in Clause 4, Article 12 of the Ordinance on the Disabled. During the time of entitlement to the regime prescribed herein, they shall not be entitled to any other types of allowance.

The Government Commission for Organization and Personnel shall assume the prime responsibility and coordinate with the Ministry of Health, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance in guiding the implementation of the allowance regime for those personnel who are assigned the task of regularly and directly tending seriously disabled persons.

Article 10.- Disabled apprentices, disabled job-retrainees as well as disabled pupils and students in the vocational training establishments and/or public schools shall be considered by such establishments or schools for reduction or exemption of school fees and other contributions; shall be considered for the award of scholarships and social allowances according to the current stipulations of the State, with the fund therefor being taken from the annual budget estimate for education and training.

Disabled pupils and students in semi-public schools, people-founded or private schools shall also be entitled to the consideration for school fee exemption or reduction under the guidance of the Finance Ministry or the Ministry of Education and Training.

Article 11.-

1. Disabled pupils without support shall, at the proposal of the commune/ward Peoples Committees, be admitted to boarding educational and fostering establishments and be entitled to the school fee exemption; during their stays at such boarding schools, they shall enjoy a social allowance of 100,000 dong/month and be provided free of charge with textbooks, notebooks and learning aids suited to the educational levels as provided for by the Ministry of Education and Training, which shall be allocated annually by the non-business fund for education and training.

2. Teachers directly teaching at special schools and classes, including the general education schools and vocational training schools reserved exclusively for disabled persons shall enjoy preferential treatment regime as that applicable for teachers in public schools in accordance with the current stipulations of the State.

3. Organizations and/or individuals that open general education schools or vocational training schools for charitable purposes, which are reserved exclusively for disabled persons shall be given favorable conditions in licensing their operations. Vocational training establishments that admit disabled persons for apprenticeship and production/business establishments reserved exclusively for disabled persons shall be eligible for tax exemption or reduction under the current regulations of the State.

Article 12.-

The labor and jobs of disabled persons shall comply with the Governments Decree No.81/CP of November 23, 1995 which guides in detail a number of Articles of the Labor Code on disabled laborers.

Article 13.- The State administrative bodies from the district level upwards and non-business units which wish to recruit officials and employees or recruit laborers to work under labor contracts shall all have to make public announcements thereon and must not refuse to admit disabled persons who are fully qualified for the offered titles or jobs. The recruitment criteria must be applied commonly to both the able persons and disabled persons, except for cases relating to the nature of the job or work.

Article 14.- Domestic or foreign organizations and/or individuals and overseas Vietnamese that provide humanitarian or non-refundable aids to disabled persons may recommend the objectives and objects of their support through the humanitarian fund in support of the disabled through their production/business associations, administration of different levels or social organizations; or provide the support directly to the social establishments where disabled persons are fostered, or directly to disabled persons.

The aid receiving organizations and/or units shall have to fully and directly hand over aid sources to the aid beneficiaries.

Article 15.- The commune/ward People Committees shall have to give allowances as stipulated at Point a, Clause 1, Article 6 of this Decree and at the same time coordinate with the Fatherland Front and other social organizations in the localities in creating appropriate forms and measures to support disabled persons according to their capabilities; consider cases of seriously disabled persons in their respective localities, who meet with particular difficulties, propose the district Labor, War Invalids and Social Affairs Offices to report thereon to the competent agencies for deciding the admission of disabled persons to the State-run social establishments.

Chapter III

RESPONSIBILITIES OF THE STATE AGENCIES

Article 16.-

1. The Ministry of Labor, War Invalids and Social Affairs shall exercise the State management over the protection of and care for the disabled throughout the country; study and promulgate or submit to the Government for promulgation policies applicable to disabled persons on vocational training, job creation and social support; organize and manage sanatoriums and functional rehabilitation establishments for disabled persons who are war invalids, diseased soldiers and preference beneficiaries like war invalids, and other social establishments.

2. The Ministry of Health shall exercise the State management over the orthopedics and functional rehabilitation; coordinate with the Ministry of Labor, War Invalids and Social Affairs in classifying forms and grades of disability; work out and realize the community-based primary healthcare program for the prevention of disability as well as functional rehabilitation program for disabled persons which are suitable to the countrys capability and levels of economic, scientific and technological development; organize and manage sanatoriums, functional rehabilitation establishments, orthopedic centers for functional rehabilitation and functional rehabilitation systems in polyclinics and specialized hospitals.

3. The Ministry of Education and Training shall have to train teachers, work out programs, compile textbooks and teaching documents for disabled pupils; coordinate with the Ministry of Health in working out programs for the training of personnel specialized in functional rehabilitation and compiling medical teaching documents on functional rehabilitation to be used in medical intermediate schools and universities; supply teaching equipment for teachers and learning aids for disabled pupils, suited to their respective disability; organize a network of schools and classes with necessary conditions for the admission of disabled children and educate them along the direction of integration; direct the opening of classes, enrolment of pupils, teaching and learning, as well as living conditions in the schools and classes reserved exclusively for disabled persons.

4. The Ministry of Construction, the Ministry of Communications and Transport and concerned ministries and branches shall elaborate the planning and criteria on the construction of public works, hospitals, schools, working offices and facilities in service of the public transportation, thus meeting the disabled peoples minimum demand therefor, first of all, those disabled in their movement or vision, especially in cities and important traffic hubs according to the provisions of Article 26 of the Ordinance on the Disabled.

The Ministry of Communications and Transport shall prescribe the priority regime on public transportation and freight reduction and exemption for wheelchairs in service of the disabled persons movement.

5. The Ministry of Culture and Information and mass media agencies shall elaborate plans on the propagation and popularization of measures for disability prevention, the States regimes and policies for the disabled and support for disabled persons at the community; work out and broadcast literary and art programs and works of educational significance on the disabled and sign language programs on television; and create conditions for disabled persons to take part in cultural activities suited to their capability and health.

6. The other ministries and branches shall have to organize the protection of and care for disabled persons according to their respective functions, tasks and powers.

7. The Peoples Committees of different levels shall have to exercise the State management over the protection of and care for disabled persons in their respective localities; determine the number and categories of disabled persons in the localities, organize the implementation of policies and regimes for disabled persons and mobilize people to prevent disability and assist disabled persons.

Article 17.- Basing themselves on the provisions of the Ordinance on the Disabled and the number of disabled persons under their respective management, the localities, ministries and branches shall annually elaborate financial plans and budget estimates to assist the disabled persons within their allocated amounts, send them to the Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs and submit them to the competent levels for decision.

The Ministry of Finance shall assume the prime responsibility and coordinate with the Ministry of Labor, War Invalids and Social Affairs in guiding the localities, ministries and branches to elaborate the above-said plans and estimates.

Article 18.-

1. The Vietnam Society for Protection and Support of the Disabled shall set up and manage the “humanitarian aid fund for disabled persons” at the central level.

The presidents of the Peoples Committees of the provinces and centrally-run cities shall set up and manage the “humanitarian aid funds for disabled persons” in localities.

2. The “humanitarian aid funds for disabled persons” shall be used for tending and purchasing orthopedic aids for, disabled persons; as well as for vocational training, job creation, settlement of urgent difficulties, support for the construction of recreation centers for disabled persons, and award of scholarships for poor disabled pupils.

The funds in support of disabled persons and the “humanitarian aid funds for disabled persons” must be used for the right purposes; the revenue, expenditure as well as account settlement thereof shall comply with the current financial regulations; and such funds shall be subject to inspection and examination by financial agencies.

3. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility and coordinate with the Government Commission for Organization and Personnel in elaborating and submitting to the Prime Minister for promulgation the Regulation on Organization and Operation of the “Humanitarian Aid Funds for Disabled Persons”.

Chapter IV

IMPLEMENTATION PROVISIONS

Article 19.- This Decree takes effect 15 days after its signing.

The earlier regulations which are contrary to this Decree are all now annulled.

Article 20.- The Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health, the Ministry of Education and Training, the Ministry of Finance, the concerned ministries and branches as well as the People�s Committees of the provinces and centrally-run cities shall have to guide the implementation of this Decree.

Article 21.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the Peoples Committees of the provinces and centrally-run cities shall have to implement this Decree.

ON BEHALF OF THE GOVERNMENT
PRIME MINISTER

Phan Van Khai

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