Nghị định 28/2012/NĐ-CP hướng dẫn Luật Người khuyết tật

DECREE

DETAILING AND GUIDING A NUMBER OF ARTICLES OF THE LAW ON THE DISABLED

Pursuant to the December 25, 2001 Law’ on Organization of the Government;

Pursuant to the June 17, 2010 Law on The disabled;

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

The Government promulgates this decree detailing and guiding a number of articles of the Law on The disabled,

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree elaborates a number of articles of the Law on The disabled regarding types and levels of impairment and determination of levels of impairment; socialization policies to assist the disabled; scientific researches, specialists and technicians training, producing equipment for the disabled; allowance and incentive policies for teachers, educational administrators and assistants serving the disabled; employment for the disabled; price reduction; implementation of the roadmap to improve public constructions: accessible transport; social welfare; the establishment, operation and dissolution of  nursing centers for the disabled.

Article 2. Types of impairment

1. Mobility impairment means partial or total loss of the mobility of the head, the neck, the lower or upper limbs, or the body, that restricts the dexterity.

2. Hearing and speaking impairment means partial or total loss of the hearing or speaking function or both hearing and speaking functions; or the function to pronounce words and sentences clearly, leading to limited communication or information exchange in words.

3. Visual impairment means partial or total loss of sight and senses of light, colors, images and objects in normal light and environment.

4. Mental impairment means disorder of senses, memory, feeling, thought and act control manifested abnormal speech or acts.

5. Intellectual impairment means partial or total loss of perception and mind manifested in the slowness or inability to think, to analyze objects, phenomena or to solve problems.

6. Other impairments means partial or total loss of bodily functions causing difficulties in work and daily-life activities and learning not being specified in Clauses 1,2, 3, 4 and 5 of this Article.

Article 3. Levels of impairment

1. People suffering from particularly serious impairments are those whose impairments lead to total loss of their functions, self-control or make them unable to move, to dress, to keep personal hygiene and to complete other everyday tasks without other people to watch, to help and to take care of.

2. People suffering from serious impairments are those whose impairments lead to partial loss or deficiency of their functions, self-control or make them unable to move, to dress, to keep personal hygiene and to complete other everyday tasks without other people to watch, to help and to take care of.

3. People suffering from mild impairments are the disabled not falling into the cases defined in Clauses 1 and 2 of this Article.

Article 4. Impairment level identification

1. The Impairment Assessment Council shall base on Articles 2 and 3 of this Decree and observe the disabled while they are doing everyday tasks serving their personal living needs, and use of the set of medical and social questions and other prescribed methods to identify the level of impairment, except for the cases specified in Clauses 2 and 3 of this Article.

2. The Medical Examination Council shall identify and draw conclusions about the type and level of impairments for the cases specified in Clause 2, Article 15 of the Law on The disabled.

3. For the disabled of whom the self-serving capacity and work capability deficiency have been identified the Medical Examination Council before this Decree takes effect, the Impairment Assessment Council shall determine levels of impairment based on the Medical Examination Council’s conclusions as follows:

a/ That person is considered suffering from particularly serious impairments when the Medical Examination Council concludes that they are no longer capable of self-serving or at least 81% of their work capability has been lost.

b/ That person is considered suffering from serious impairments when the Medical Examination Council concludes that they are capable of self-serving if they are partly assisted by other people or equipment or 61% and 80% of their work capability has been lost;

c/ That person is considered suffering from mild impairments when the Medical Examination Council concludes that they are capable of self-serving or less than 61% of their work capability has been lost.

4. In case the Medical Examination Council’s document dated before the effective date of this Decree fails specify the self-serving capability and work capability deficiency, the Impairment Assessment Council shall determine levels of impairment for the disabled under Clause 1 of this Article.

5. State budget shall cover the cost of the impairment level identification and the issuance of impairment certificates under the state budget management decentralization.

6. The Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs shall guide the funds specified in Clause 5 of this Article.

Article 5. Socialization policies to assist the disabled

1. Organizations and individuals that invest in and build orthopedic facilities, functional rehabilitation centers, nursing centers, educational, vocational training institutions, job creation centers or other facilities providing other services to assist the disabled may enjoy incentives as prescribed by law provisions on encouragement policies on the socialization of education, vocational training, health, culture, sports and environment.

2. The Minister of Labor, War Invalids and Social Affairs shall present the forms, criteria, sizes and standards of orthopedic facilities and rehabilitation centers, nursing centers, and job creation centers and other facilities providing other services to assist the disabled specified in Clause 1 of this Article to the Prime Minister .

Article 6. Scientific research, training of specialists and technicians and manufacture of equipment for the disabled

1. Agencies and organizations doing scientific researches on the disabled or training in orthopedic and rehabilitation specialists and technicians shall have their expense covered by the state budget as prescribed by law provisions on the state budget.

The Ministry of Science and Technology, the Ministry of Labor, War Invalids and Social Affairs shall guide the implementation of this Clause.

2. Manufacturers of orthopedic and rehabilitation equipment and devices to assist the disabled in everyday tasks, in learning and working may take low-interest loans from Social Policy Banks as prescribed by law.

3. The Ministry of Labor, War Invalids and Social Affairs shall present the regulations on low-interest loans to the subjects specified in Clause 2 of this Article to the Prime Minister.

Article 7. Allowance and incentives for teachers, educational administrators and assistants serving the disabled people’s education

1. The following persons are eligible for incentives under the Government s Decree No. 61/2006/ND-CP on June 20, 2006 on policies applicable to teachers and educational administrators of special schools and schools in impoverished areas.

a/ Teachers or educational administrators directly teaching or managing the disabled using special educational methods at special educational institutions or integrative education development and support centers;

b/ Teachers directly teaching the disabled using special educational methods at educational institutions not being specified in Point a of this Clause.

2. Teachers directly teaching the disabled using integrative education methods not being specified in Clause 1 of this Article are eligible for preferential allowance as follows:

3. The Ministry of Education and Training, the Ministry of Home Affairs and the Ministry of Finance shall specify the professional titles and policies on educational assistants to the disabled at educational institutions and integrative education development and support centers.

Chapter 2

EMPLOYMENT FOR THE DISABLED

Article 8. Encouraging self-employment of the disabled and households to provide employment for the disabled

1. Self-employed disabled people and households employing the disabled are eligible for the following policies:

a/ Taking low-interest loans from Social Policy Banks for production and business. The loan conditions, terms and amount must comply with current regulations on loans for job creation projects;

b/ Receiving instruction in production and business and support in technology transfer and product sale.

2. People’s Committees at all levels shall be in charge and cooperate with related agencies, organizations and persons in providing instruction in the production, business and technology transfer, and supporting the sale of products made by the disabled.

Article 9. Production and business establishments employing disabled people accounting for at least 30% of total labor

1. Production and business establishments employingdisabled people accounting forat least 30% of total labor as specified in Article 34 of the Law on The disabled are eligible for the following incentives:

a/ Receiving support for improving working conditions and environment suitable for the disabled as prescribed by the Ministry of Labor, War Invalids and Social Affairs. The support level depends on the number or official disabled employees working in the production and business establishments, their impairment level and scale of production and business establishments as prescribed by the Prime Minister.

Presidents of provincial People’s Committees shall make decisions on the levels of support for the improvement of working conditions and environment of production and business establishments employing disabled people accounting for at least 30% of total employees;

b/ Exempted from enterprise income tax in accordance with law provisions on tax;

c/ Receiving low-interest loans under the production and business development project from Social Policy Banks. The loan conditions, period, amount and interest rates must comply with current provisions on loans for job creation projects;

d/ Being prioritized when renting land and water surface as prescribed by law;

dd/ Exempted from land and water surface rents for production and business establishments that employ disabled people accounting for at least 70% of total employees. Receiving 50% reduction of land and water surface rents for production and business, for production and business establishments employing disabled people accounting for 30% to under 70% of total employees.

While enjoying exemption from or reduction of land or water surface rents, production and business establishments must not change, transfer, give, lease out the right to use land or water surface and mortgage, guarantee or contribute to joint ventures using the right to use land or water surface as prescribed by law provisions on land.

2. The Ministry of Labor, War Invalids and Social Affairs shall present the lists of establishments and the criteria of support level determination specified in Points a and dd, Clause 1 of this Article to the Prime Minister

3. The Ministry of Labor, War Invalids and Social Affairs shall guide the determination of the percentage of disabled employees, the procedures and dossiers for production and business establishments employing disabled people accounting for at least 30% of total employees to enjoy the incentives specified in Clause 1 of this Article.

Article 10. Encouraging agencies, organizations and enterprises to employ the disabled

1. Enterprises officially employing 10 or more disabled people are eligible for the incentives specified in Points a and c, Clause 1, Article 9 of this Decree.

2. Administrative agencies and non-business units officially employing 10 or more disabled people are eligible for the incentives specified in Point a, Clause 1, Article 9 of this Decree.

Chapter 3

EXEMPTION AND REDUCTION OF TICKET AND SERVICE PRICES, IMPLEMENTATION OF A ROADMAP TO IMPROVE PUBLIC CONSTRUCTIONS AND ACCESSIBLE TRANSPORT

Article 11. Price reduction and exemption of ticket and services of culture, sports, recreation and tourism

1. People suffering from particularly serious impairments are exempt from ticket and service charges when directly using cultural, sports, recreational and tourist services at the following cultural and sports establishments and facilities:

a/ Museums, cultural and historical relics, libraries and exhibitions;

b/ Theaters and cinemas;

c/ Sports facilities where domestic physical training and sports events take place;

d/ Other cultural, sports, recreational and tourist establishments and facilities.

2. People suffering from serious impairments are entitled to a reduction of at least 50% of ticket or service charges when directly using cultural, sports, recreational and tourist services at the cultural and sports establishments and facilities specified in Clause 1 of this Article.

3. Cultural, sports, recreational and tourist establishments and facilities shall issue discount tickets for the disabled. To enjoy ticket or service charge exemption or reduction, the disabled shall produce impairment certificates.

4. The Ministry of Culture, Sports and Tourism shall be in charge and cooperate with related ministries and sectors in, guiding this Article.

5. Based on specific conditions, ministers, heads of sectors and central mass organizations and Presidents of provincial People’s Committees shall make decisions on the reduction levels of ticket and service charges under their management, which must not be lower than the levels specified in Clause 2 of this Article.

Article 12. Exemption from and reduction of fares and transport service charges

1. People suffering from particularly serious impairments and people suffering from serious impairments are exempt from fares or service charges when using bus.

2. People suffering from particularly serious impairments and people suffering from serious impairments are eligible for reduction of fares and service charges when using the following means of transport on domestic routes:

a/A reduction of at least 15% for air ticket;

b/ A reduction of at least 25% of fares for train, tram, ship and coach services on fixed routes.

3. Public transport service providers shall issue discount tickets for the disabled. The disabled must present impairment certificates to enjoy such exemption or reduction.

Article 13. Implementation of a roadmap to improve apartment buildings and public constructions

1. Ministries, ministerial-level agencies, governmental agencies, People’s Committees at all levels, organizations and persons owning, managing, operating and using offices of state agencies; train stations, bus stations and ports; medical examination and treatment facilities; educational and vocational training institutions; culture and sports constructions; apartment buildings; and other technical or social infrastructural constructions shall check, plan and assure the conditions for the improvement of accessibility for the disabled under the following roadmap:

a/  2015, at least 50% of offices of state agencies; stations, bus stations and ports; medical examination and treatment facilities; educational and vocational training institutions; culture and sports constructions; and apartment buildings would be accessible for the disabled;

b/ By 2017, at least 70% of offices of state agencies; stations, bus stations and ports; medical examination and treatment facilities; educational and vocational training institutions; culture and sports constructions; and apartment buildings would be accessible for the disabled;

c/ By January 1, 2020, all offices of state agencies; stations, bus stations and ports; medical examination and treatment facilities; educational and vocational training institutions; culture and sports constructions; and apartment buildings would be accessible for the disabled;

d/ By January 1. 2025, all offices; apartment buildings; and technical and social infrastructural constructions other than those specified in Points a, b and c, Clause 1 of this Article would be accessible for the disabled.

2. Funds for implementation of Clause 1 of this Article shall be raised and managed by using agencies, organizations and persons that use such funds.

3. The Ministry of Labor, War Invalids and Social Affairs, the Ministry of Construction and related ministries and sectors shall review, make statistics, and assess apartment buildings and public constructions that are not yet accessible for the disabled by type of work, and guide methods and criteria for the supervision and assessment of progress of the roadmap to improve public constructions.

Article 14. Accessible means of transport

1. Providers of public bus and train services shall make plans on acquiring and improving means of transport to meet the technical regulations on accessible transportation as follows:

a/ Assuring the ratio of buses meeting the technical regulations on accessible transportation for each period by 2015, 2020 and 2025 under regulations of provincial People’s Committees;

b/ Assuring that at least one carriage of each passenger train on North-South route would meet the technical regulations on accessible transportation by 2015; by 2020, at least one carriage of each passenger train on all routes would meet technical regulations on accessible transportation.

2. Public transport service providers must arrange equipment, devices and staff to assist the disabled in getting on and off the vehicles conveniently. The assistance plans must be posted up at noticeable places of stations, arrival and departure terminals.

3. The budget for the implementation of Clauses 1 and 2 of this Article shall be covered by the owners. The Ministry of Transport shall be in charge and cooperate with related ministries and sectors in, formulating and presenting the policies on preferential loan interest for enterprises investing in improving means of transport in order to satisfy the technical regulations on accessible transportation to the Prime Minister .

4. Public transport service providers shall check, make statistics, and assess means of transport that have not satisfied the technical regulations on accessible transportation; and formulate the plan to improve the means of transport under their management to meet the technical regulations on accessible transportation.

Chapter IV

SOCIAL WELFARE

Article 15. Standard level for determining social welfare, monthly care-taking support and monthly raising allowance levels

1. Monthly social welfare, care-taking support and raising allowance levels for the disabled shall be calculated based on the standard level of social welfare for beneficiaries as prescribed by the Government multiplied by the coefficients specified in Articles 16, 17 and 18 of this Decree.

2. Based on specific conditions, the ministers, heads of sectors and central organizations (having care centers for the disabled) and Presidents of provincial People’s Committees shall set monthly social welfare levels accordingly, care-taking and nursing support, funeral support, and funding for nursing people suffering from particularly serious impairments at social welfare institutions under their management. The social welfare must not be lower than the corresponding levels specified in this Decree.

Article 16. Coefficients for monthly social welfare and funeral support calculation

1. Coefficients for calculating monthly social welfare for the disabled living in households are provided as follows:

a/ Two (2.0), for people suffering from particularly serious impairments;

b/ Two point five (2.5), for elderly people or children suffering from particularly serious impairments;

c/ One point five (1.5), for people suffering from serious impairments;

d/ Two (2.0) for elderly people or children suffering from serious impairments.

2. The disabled eligible for various coefficients specified in Clause 1 of this Article shall only enjoy the highest coefficient.

3. The funeral support for the disabled on monthly welfare under Clause 1 of this Article when they die is equal to that applicable to the beneficiaries of social welfare. The disabled eligible for various funeral support shall only enjoy the highest one.

Article 17. Coefficients for calculating monthly care-taking support levels

1. Coefficients for calculating monthly care- taking support levels for people suffering from particularly serious impairments, people suffering from serious impairments who are pregnant or raising under-36-month children are provided as follows:

a/ One point five (1.5), for people suffering from particularly serious impairments and people suffering from serious impairments who are pregnant or raising an under-36-month child;

b/ Two (2.0), for people suffering from particularly serious impairments and people suffering from serious impairments who are pregnant and raising an under-36-month child;

c/ Two (2.0), for people suffering from particularly serious impairments and people suffering from serious impairments who are raising two or more under- 36-month children;

d/ The disabled entitled to different coefficients specified in Points a, b and c, Clause 1 of this Article may only enjoy the highest coefficient of all;

dd/ A married couple being the disabled entitled to the monthly care-taking support specified in Clause 1 of this Article may receive care-taking support for only one person specified in Points a, b and c, Clause 1 of this Article.

2. People suffering from particularly serious impairments or people suffering from serious impairments on social welfare under Clause 1, Article 16 of this Decree who are pregnant or raising under-36-month children may still receive the care-taking support specified in Clause 1 of this Article.

3. Households directly nursing and taking care of people suffering from particularly serious impairments are entitled to the care-taking support coefficient of one (1.0).

4. Persons satisfying the conditions specified in Article 19 of this Decree who nurse people suffering from particularly serious impairments may receive care-taking support at the following coefficients:

a/ One point five (1.5), for nursing and taking care of one person with particularly serious impairments;

b/ Three (3.0), for nursing and taking care of two or more people suffering from particularly serious impairments.

Article 18. Coefficients for calculating monthly allowance and supports for nursing helpless and dependent people suffering from particularly serious impairments admitted to social welfare institutions

The State shall provide the budget for social welfare institutions to nurse homeless and needy people suffering from particularly serious impairments in accordance with the following provisions:

1. The coefficient for calculating the monthly nursing allowance is three (3.0); and four (4.0), for nursing children or elderly people with particularly serious impairments.

2. The support for health insurance comply with the law on health insurance.

3. The funeral support upon is equal to the funeral support applicable to the social welfare beneficiaries in social welfare institutions.

4. The supports for purchasing stuff serving everyday activities; purchasing medicines for ordinary diseases; and monthly personal hygiene for women must comply with the Ministry of Labor, War Invalids and Social Affairs’ regulations.

Article 19. Conditions on carers of people suffering from particularly serious impairments

A carer of a person suffering from particularly serious impairments must satisfy the following conditions:

1. Having a fixed residence not being a poor household.

2. Having good health to nurse the disabled.

3. Fully capable of civil acts.

4. Possessing good morals, committing no social evils, not liable for criminal prosecution and nor being remitted from a previous conviction.

5. Possessing skills to nurse the disabled.

Article 20. Application for social welfare and monthly care-taking support

1. A application for social welfare comprises:

a/ An information sheet of the person with impairments, made under the prescribed form;

b/ A copy of the impairment certificate;

c/ A copy of the family record book;

d/ A copy of the birth certificate or identity card;

dd/ A copy of the decision on transfer of the person with impairments to family issued by the care center of that person, for the disabled living in social welfare institutions;

dd/ Written certification of pregnancy by a competent healthcare establishment under the Ministry of Health s regulations, or a copy of the birth certificate of the under-36-month child, for pregnant women or those raising under-36-month children.

2. For families with people suffering from particularly serious impairments, a application for care-taking support comprises:

a/ A declaration sheet of the family, made under the form prescribed by the Ministry of Labor, War Invalids and Social Affairs;

b/ A copy of the impairment certificate;

d A copy of the family record book;

d/ An information sheet of the disabled person, made under the prescribed form, for the disabled not on social welfare; or a copy of the decision on enjoyment of social welfare, for the disabled on social welfare.

3. A application for care-taking support for the carer of a person with particularly serious impairments comprises:

a/ An application made by the carer containing the commune-level People’s Committee’s certification that this person satisfies nursing conditions under Article 19 of this Decree;

b/ An information sheet of the carer, made under the form prescribed by the Ministry of Labour, War Invalids and Social Affairs;

c/ The copies of the family record book and ID card of the carer;

d/ An information sheet of the person with impairments, made under the form prescribed by the Ministry of Labour, War Invalids and Social Affairs ;

dd/ A copy of the family record book of the household of the disabled person, if any;

e/ A copy of the impairment certificate;

g/ A copy of the decision on provision of monthly social welfare for the disabled person , for the disabled on social welfare.

4. An application for care-taking support for a person with impairments who is pregnant or raising an under-36-month child complies with the following provisions:

a/ For a person with impairments not being on social welfare, the application must comply with Clause 1 of this Article;

b/ For a person with impairments on monthly social welfare, the dossier comprises a copy of the decision on enjoyment of monthly social welfare; a written certification of pregnancy by a competent healthcare establishment under the Ministry of Health s regulations; and a copy of the birth certificate of the under-36-month child.

Article 21. Procedures for provision of monthly social welfare and care-taking support

1. Procedures for provision of social welfare and care-taking support are provided as follows:

a/ To receive social welfare or care-taking support, the applicant shall make a dossier under Article 20 of this Decree and submit it to the commune-level People’s Committee;

b/ Within 15 days after receiving a valid dossier, the social welfare approval council of the commune, ward or township (below referred to as social welfare approval council) shall meet to consider and approve the dossier, publicly post up its conclusions at the office of the commune-level People’s Committee and notify such conclusions in the mass media for 7 days;

Past the time limit for public notification, if there is no inquiries or complaints, the social welfare approval council shall supplement the minutes of its meeting for approval of social welfare to the applicant’s dossier and propose the commune-level People’s Committee chairperson to send a written request to the district-level Labor, War Invalids and Social Affairs Division for consideration and settlement.

If there is a citizen’s complaint or denunciation, within 10 days, the social welfare approval council shall conduct verification and examination and make specific written conclusions for public notification and supplementation to the applicant’s dossier.

c/ Within 7 working days after receiving a complete dossier on request of the commune- level People’s Committee chairperson, the district-level Labor, War Invalids and Social Affairs Division shall appraise the dossier and propose the district-level People’s Committee chairperson to make decision or notify the commune-level People’s Committee of the reason for ineligibility for social welfare or care-taking support;

d/ Within 3 working days, the district-level People’s Committee chairperson shall consider and sign a decision on provision of social welfare or care-taking support.

2. For the disabled currently receiving social welfare or care-taking support under the Government’s Decree No. 67/ 2007/ND-CP of April 13, 2007, on social welfare policies for social welfare beneficiaries, and Decree No. 13/2010/ND-CP of February 27, 2010, amending and supplementing a number of articles of the Government’s Decree No. 67/ 2007/ND-CP, commune-level People’s Committees shall make review and propose district-level Labor, War Invalids and Social Affairs Divisions to make decision at corresponding levels under this Decree, from the effective date of this Decree.

3. Procedures for adjustment or termination of social welfare and care-taking support are provided as follows:

a/ When there is a change in conditions for enjoyment of social welfare or care-taking support, the social welfare approval council shall guide the applicant to supplement the dossier, make consideration and conclusion, and propose the commune-level People’s Committee chairperson to send a written request to the district-level Labor, War Invalids and Social Affairs Division;

b/ Within 7 working days after receiving a written request of the commune-level People’s Committee chairperson, the district-level Labor, War Invalids and Social Affairs Division shall consider it and propose the district-level People’s Committee chairperson to make decisions on adjustment or termination of social welfare or care-taking support;

c/ Within 3 working days, the district-level People’s Committee chairperson shall consider and sign a decision on adjustment or termination of social welfare or care-taking support;

d/ The time for adjusting or terminating social welfare or care-taking support is the month following the month the district-level People’s Committee chairperson signs the decision on adjustment or termination of social welfare or care-taking support.

4. Procedures for provision of social welfare for beneficiaries that change their places of residence are provided as follows:

a/ When a beneficiary of social welfare or care-taking support moves to another place and files an application to receive social welfare or care-taking support at the new place of residence rather than the former one, the district-level Labor, War Invalids and Social Affairs Division shall submit to the chairperson of the district-level People’s Committee of the applicant’s former locality of residence a decision on termination of social welfare or care-taking support and send a letter of reference to the district-level People’s Committee of the applicant’s new locality of residence together with the dossier on allowance enjoyment of this person;

b/ Within 7 working days after receiving a complete dossier and a letter of reference, the district-level Labor, War Invalids and Social Affairs Division of the new locality of residence shall consider it and propose the district-level People’s Committee chairperson to make decisions on provision of social welfare or care-taking support at the corresponding level of the locality;

c/ The time for receiving social welfare or care-taking support at the new place of residence is the month following the month of termination of social welfare or care-taking support indicated in the decision on termination of social welfare or care-taking support of the chairperson of the district-level People’s Committee of the applicant s former locality of residence.

5. The Ministry of Labor, War Invalids and Social Affairs shall provide the formation and operation of social welfare approval councils.

Article 22. Dossiers and procedures for funeral support

1. A dossier on funeral support comprises:

a/ An application or written request made by the family, person, agency, unit or organization which organizes the funeral of a person with impairments;

b/ A copy of the death certificate of the person with impairments.

2. Procedures for funeral support are provided as follows:

a/ The family, person, agency, unit or organization that organizes the funeral of a person with impairments shall make a dossier under Clause 1 of this Article and send it to the commune-level People’s Committee;

b/ Within 3 working days after receiving a complete and valid dossier under Clause 1 of this Article, the commune-level People s Committee shall send a written request together with the dossier to the district-level Labor, War Invalids and Social Affairs Division;

c/ Within 2 working days after receiving a written request of the commune-level People’s Committee, the district-level Labor, War Invalids and Social Affairs Division shall consider it and propose the district-level People’s Committee chairperson to issue a decision on funeral support.

Article 23. Dossiers and procedures for admission of people suffering from particularly serious impairments to social welfare institutions

A dossier on admission of a people suffering from particularly serious impairments to a social welfare establishment comprises:

a/ An application of the person with impairments or his/her family, relative or guardian;

b/ An information sheet of the person with impairments, made under the prescribed form;

c/ Resume of the person with impairments certified by the commune-level People’s Committee;

d/A copy of the impairment certificate;

dd/ A copy of family record book;

e/ A copy of the birth certificate or identity card;

g/ Record of the social welfare approval council and written request of the commune- level People’s Committee chairperson;

h/ Written request of the district-level People’s Committee chairperson to the agency managing the social welfare establishment;

i/The managing agency head s decision on admission;

k/ Other relevant documents and papers, if any.

2. Procedures for admission of the disabled to social welfare institutions comply with the Government’s regulations on receipt and nursing of social welfare beneficiaries.

3. Competence to receive and send home people suffering from particularly serious impairments for nursing are provided as follows:

a/ The head of the agency managing a social welfare establishment may decide to admit people suffering from particularly serious impairments to the social welfare establishment;

b/ The head of a social welfare establishment may decide to send home eligible the disabled;

c/ The Ministry of Labor, War Invalids and Social Affairs shall specify the conditions for sending the disabled in social welfare institutions to their home.

Chapter V

ESTABLISHMENT, OPERATION AND DISSOLUTION OF CARE CENTERS FOR THE DISABLED

Article 24. The establishment, operation and dissolution of care centers for the disabled

1. Conditions for the establishment, organization, operation and dissolution of social welfare institutions specified in Point a, Clause 2, Article 57 of the Law on The disabled comply with the Government s regulations on social welfare institutions.

2. The establishment, operation and dissolution of an care center of the disabled specified in Point b, c or d. Clause 2. Article 47 of the Law on The disabled comply with the law on the organizational form of such establishment.

3. Care centers for the disabled specified in Clause 2 of this Article may take care of the disabled only after being licensed by competent authorities.

Article 25. Conditions for obtaining an operation license for taking care of the disabled

A care center of the disabled may obtain the operation license when:

1. It is lawfully established.

2. Its directoe is fully capable of civil acts; possesses good morals; commits no social evils; is not subject to criminal prosecution nor having his/her criminal records erased.

3. It has staff directly counseling and nursing the disabled who meet the conditions specified in Article 26 of this Decree;

4. A care center of the disabled that also raises the disabled must satisfy conditions on environment, facilities, and care-taking and raising standards under the Government’s regulations applicable to social welfare institutions apart from the conditions specified in Clauses 1, 2 and 3 of this Article.

Article 26. Employees directly taking care of the disabled

An employee directly taking care of the disabled must satisfy the following conditions:

1. Having good health to take care of the disabled.

2. Fully capable of civil acts.

3. Possessing good ethical credentials, committing no social evils, not liable to criminal prosecution nor having their criminal records erased.

4. Skilful in taking care of the disabled.

Article 27. Operation licenses for taking care of the disabled

1. An operation license for taking care of the disabled covers:

a/ Name of the care center, the head office address, telephone and fax numbers;

b/ Full name of the care center director;

c/ Scale and services of the care center.

2. A center that changes its name, head office address, head, or scope or contents of its services shall carry out procedures for license adjustment. A center that changes its organizational form, or is divided, separated, consolidated or merged shall implement the procedures for license application.

3. When its operation license for taking care of the disabled is lost or damaged, an establishment shall request for re-grant of such license.

Article 28. Authority to issue, suspend and revoke operation licenses for taking care of the disabled

1. Provincial Services Labor, War Invalids and Social Affairs shall issue operation licenses for taking care of the disabled to:

a/ The care centers affiliated to ministries, ministerial-level agencies, governmental agencies and central agencies of socio-political organizations and socio-professional organizations of which the care centers for the disabled are situated locally;

b/ The care centers set up by foreign organizations or individuals, of which the head offices are situated locally;

c/ The care centers established by provincial agencies or organizations.

2. District-level Labor, War Invalids and Social Affairs Divisions shall issue operation licenses for taking care of the disabled to the care centers established by domestic organizations or individuals not falling in the cases specified in Clause 1 of this Article, of which the care centers for the disabled are situated locally.

3. Agencies competent to issue operation licenses for taking care of the disabled are competent to reissue, adjust, suspend or revoke those licenses.

Article 29. Dossiers of application for operation licenses for taking care of the disabled

1. An application for a license for taking care of the disabled comprises:

a/ The application for an operation license for taking care of the disabled;

b/ A copy of the establishment decision or business registration certificate of the founder;

c/ The documents proving the eligibility as prescribed Article 25 of this Decree.

2. An application for the adjustment or reissuance of a operation license for taking care of the disabled comprises:

a/ A written request for the license adjustment or reissuance;

b/ Documents proving the loss or the damage of the operation license for taking care of the disabled;

c/ Documents proving change of the name, the head office address, the director, the scale or the contents of the services.

Article 30. Procedures for issuing operation licenses for taking care of the disabled

1. The order and procedures for issuing and reissuing or adjusting operation licenses in the cases specified in Clause 1, Article 28 of this Decree comply with the following provisions:

a/ The care center of the disabled shall make and send an application to the provincial Service Labor, War Invalids and Social Affairs;

b/ Within 15 working days after receiving a complete and valid application as prescribed, the provincial Service of Labor, War Invalids and Social Affairs shall issue, reissue or adjust the operation license.

2. The procedures for issuing, reissuing or adjusting the operation licenses in the cases specified in Clause 2, Article 28 of this Decree must comply with the following provisions:

a/ The care center of the disabled shall make and send an application to the district-level Labor, War Invalids and Social Affairs Division;

b/ Within 10 working days after receiving a complete and valid dossier as prescribed, the district-level Labor, War Invalids and Social Affairs Division shall grant, re-grant or modify an operation license.

3. If the application is incomplete or invalid, the licensing agency shall notify the care center of the supplement within 3 working days.

4. If the care center is ineligible for obtaining a license, the licensing agency shall reply the care center in writing specifying the reason for its ineligibility within 5 working days.

Article 31. Suspension and revocation of the operation license for taking care of the disabled

1. A care center of the disabled that fails to satisfy the conditions specified in Article 25 of this Decree during its operation shall have its operation suspended until it fully satisfies the operation conditions.

2. The operation license for taking care of the disabled is revoked in the following cases:

a/ The license is issued improperly or ultra vires;

b/ The care center of the disabled fails to operate after 12 months as from obtaining the license;

c/ The center changes its operation purposes;

d/ The center fails to satisfy prescribed conditions after the suspension term is over;

dd/ The center being administratively sanctioned thrice (3) within 12 months;

e/ The founder of the dissolved or bankrupt center fails to satisfy operation conditions as prescribed by law.

3. The care center of the disabled must settle benefits of the disabled when its license is suspended or revoked.

Article 32. Responsibilities for the suspension and revocation of operation licenses for taking care of the disabled

1. Upon detecting the cases specified in Clause 2. Article 31 of this Decree, a  provincial Service Labor, War Invalids and Social Affairs or the Division of Labor, War Invalids and Social Affairs Division shall revoke the granted operation license for taking care of the disabled.

2. Upon detecting that an establishment no longer satisfies prescribed conditions, depending on the nature and severity, the provincial Labor, War Invalids and Social Affairs Department or district-level Labor, War Invalids and Social Affairs Division shall issue a decision on suspension from partial or full operation of that establishment on a definite term according to the granted license.

Chapter VI

IMPLEMENTATION ORGANIZATION

Article 33. Budget for implementation

1. The budget for the implementation of social welfare polices; survey, statistical work, application of information technology for development of database for management of the disabled; dissemination of policies; training of personnel engaged in work related to the disabled, Impairment Assessment Councils, social welfare approval councils; and payment of social welfare must comply with the Government’s regulations on the budget for the implementation of policies on social welfare beneficiaries.

2. The budget for the implementation of policies on and operations of taking care the disabled other than those specified in Clause 1 of this Article comply with the Law on The disabled, the State Budget Law and their guiding documents.

Article 34. Responsibilities of ministries, sectors and localities

1. Ministries, ministerial-level agencies, governmental agencies and provincial People’s Committees shall guide the implementation of this Decree within the scope of their assigned functions, tasks and powers

2. The Ministry of Labor, War Invalids and Social Affairs shall guide the implementation of this Decree.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 35. Effect

This Decree takes effect on June 1, 2012.

This Decree replaces Decree No. 55/1999/ ND-CP of July 10, 1999, detailing and guiding a number of articles of the Ordinance on The disabled, provisions on the disabled and psychiatric persons of the Government’s Decree No. 67/2007/ND-CP of April 13, 2007, on support policies for social welfare beneficiaries, and Decree No. 13/2010/ ND-CP of February 27, 2010, amending and supplementing a number of articles of Decree No. 67/2007/ND-CP.-