Law 51/2010/QH12 17/06/2010

No: 51/2010/QH12

Ha Noi, day 17 month 06 year 2010                          

LAW

ON PERSONS WITH DISABILITIES

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;
The National Assembly promulgates the Law on Persons with Disabilities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

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

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Person with disabilities means a person who is impaired in one or more body parts or suffers functional decline manifested in the form of disability which causes difficulties lo his)her work, daily life and study.

2. Stigma against persons with disabilities means the attitude of disregarding or disrespecting persons with disabilities because of their impairments.

3. Discrimination against persons with disabilities means the act of shunning, refusing, maltreating, disparaging, showing prejudice against, or restricting the rights of, persons with disabilities because of their impairments.

4. Integrative education means a mode of education integrating persons with disabilities with persons without disabilities in educational institutions.

5. Exclusive education means a mode of education used exclusively for persons with disabilities in educational institutions.

6. Semi-integrative education means a mode of education combining integrative education with exclusive education for persons with disabilities in educational institutions.

7. Living independently means that persons with disabilities may decide by themselves on matters related to their own lives.

8. Access means that persons with disabilities may use public facilities, means of transport, information technology, cultural, sports, tourist and other suitable services so as to be able to integrate into the community.

Article 3. Forms and degrees of disability

1. Forms of disability include:

a) Physical disability;

b) Sensory disability;

c) Visual disability;

d) Mental and psychiatric disability;

e) Intellectual disability;

f) Other disabilities.

2. Persons with disabilities are classified by degree of disability as follows:

a) Persons with exceptionally serious disabilities are those whose impairments render them unable to perform by themselves their personal daily-life activities;

b) Persons with serious disabilities are those whose disabilities render them unable to perform some of their personal daily-life activities;

c) Persons with mild disabilities are those who do not fall into the cases defined at Points a and b of this Clause.

3. The Government shall detail the forms and degrees of disability defined in this Article.

Article 4. Rights and obligations of persons with disabilities

1. Persons with disabilities are guaranteed the following rights:

a) To participate on an equal basis in social activities;

b) To live independently and integrate into the community;

c) To enjoy exemption from or reduction of certain contributions to social activities;

d) To be provided with healthcare, functional rehabilitation, education, vocational training, employment, legal assistance, access to public facilities, means of transport, information technology and cultural, sports, tourist and other services suitable to their forms and degrees of disability;

e) Other rights provided by law.

2. Persons with disabilities shall perform civic obligations under law.

Article 5. State policies towards persons with disabilities

1. Annually, the State shall allocate budget funds for the implementation of policies on persons with disabilities.

2. Prevention and minimization of congenital disabilities, disabilities caused by injury or disease and other dangers of disability.

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

4. Incorporation of policies on persons with disabilities into socio-economic development policies.

5. Creation of conditions for persons with disabilities to have orthopedic operations and functional rehabilitation; to surmount difficulties, live independently and integrate into the community.

6. Training and retraining of counselors and caretakers for persons with disabilities.

7. Encouragement of assistance activities for persons with disabilities.

8. Creation of conditions for the operation of organizations of persons with disabilities and organizations for persons with disabilities.

9. Commendation of agencies, organizations and individuals that make achievements and contributions in assisting persons with disabilities.

10. Strict punishment of agencies, organizations or individuals that violate this Law and relevant laws.

Article 6. Socialization of assistance activities for persons with disabilities

1. The State encourages organizations and individuals to invest in, provide aid and financial or technical assistance for orthopedic operations and functional rehabilitation, care for, education, vocational training, job creation and provision of other services to assist persons with disabilities.

2. Organizations or individuals investing in the construction of orthopedic and functional rehabilitation, nurturing, educational or vocational training establishments, job creation or establishments providing other services to assist persons with disabilities in enjoying socialization preference policies as prescribed by law.

Article 7. Responsibilities of agencies, organizations and individuals

1. Agencies and organizations shall, within the scope of their respective tasks and powers, care for. and protect the legitimate rights and interests of persons with disabilities.

2. The Vietnam Fatherland Front and its member organizations shall campaign for social assistance to persons with disabilities in access to social services and integration into the community; to participate in and supervise the implementation of policies, laws and programs as well as projects to assist persons with disabilities.

3. All individuals shall respect, support and assist persons with disabilities.

Article 8. Responsibilities of families

1. Families shall educate and create conditions for family members to raise awareness about disability issues; apply measures to prevent and minimize congenital disability, disability caused by injury or disease and other dangers of disability.

2. Families of persons with disabilities shall:

a) Protect, nurture and care for persons with disabilities;

b) Create conditions for persons with disabilities to have healthcare and exercise their rights and perform their obligations:

c) To respect opinions of persons with disabilities in deciding on matters related to their own lives and the families;

d) To implement Clause 1 of this Article.

Article 9. Organizations of persons with disabilities, organizations for persons with disabilities

1. Organizations of persons with disabilities are social organizations set up and operating under law to represent the legitimate rights and interests of their members being persons with disabilities, to participate in the formulation and supervise the implementation of policies and law on persons with disabilities.

2. Organizations for persons with disabilities are social organizations set up and operating under law to carry out activities to assist persons with disabilities.

Article 10. Funds for assistance of persons with disabilities

1. Funds for assistance of persons with disabilities are charity social funds set up to mobilize resources to assist persons with disabilities.

2. Funds for assistance of persons with disabilities shall be formed from the following sources:

a) Voluntary contributions and aid of domestic and foreign organizations and individuals;

b) State budget supports;

c) Other lawful revenues.

3. Funds for assistance of persons with disabilities shall be set up and operate under law.

Article 11. Vietnamese Day of Persons with Disabilities

April 18 every year is taken as Vietnam Day of Persons with Disabilities.

Article 12. International cooperation on persons with disabilities

1. International cooperation for persons with disabilities shall be carried out on the basis of respect for Vietnam's independence, sovereignty and territorial integrity, equality and in conformity with Vietnamese laws and international law.

2. International cooperation for persons with disabilities covers the following contents:

a) Formulation and implementation of programs and projects on international cooperation for persons with disabilities;

b) Participation in international organizations: conclusion, accession to and enforcement of treaties and international agreements concerning persons with disabilities;

c) Exchange of information and experience on matters related to persons with disabilities.

Article 13. Information, communication education

1. Information, communication and education on disability issues aim to prevent and minimize disabilities; to raise awareness of and change attitudes and behaviors towards disability issues; to combat stigma and discrimination against persons with disabilities.

2. The contents of information, communi­cation and education on disability issues include:

a) Rights and obligations of persons with disabilities;

b) The Party's line and policies as well as the State's laws on persons with disabilities;

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

d) Causes of disability and measures to prevent and minimize disability:

e)The fight against stigma and discrimination against persons with disabilities.

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

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

a) Agencies and organizations are responsible for information, communication and education on disability issues within the ambit of their respective tasks and powers;

b) People's Committees at all levels shall organize information, communication and education on disability issues to local people;

c) Mass media agencies shall give priority to the volume and position on printed and electronic papers; the broadcasting time and time length for information, communication and education on disability issues on radio and television under regulations of the Minister of Information and Communications.

Article 14. Prohibited acts

1. Showing stigma or discrimination against persons with disabilities.

2. Infringing upon physical body, dignity, honor, property or legitimate rights and interests of persons with disabilities.

3. Enticing or forcing persons with disabilities to violate laws or social ethics.

4. Abusing persons with disabilities, organi­zations of persons with disabilities, organizations for persons with disabilities, images, personal information and status of persons with disabilities for personal profits or commission of violations.

5. Failing to perform or to fulfill the responsibility to nurture and take care of persons with disabilities by persons who have the responsibility to nurture and take care of persons with disabilities.

6. Obstructing the right of persons with disabilities to marriage or child adoption.

7. Being dishonest in determining the degrees of disability or granting disability certificates.

Chapter II

DISABILITY CERTIFICATION

Article 15. Responsibility to determine degrees of disability

1. Degrees of disability shall be determined by the Disability Degree Determination Council.

2. Degrees of disability shall be determined by the Medical Examination Council in the following cases:

a) The Disability Degree Determination Council is unable to make conclusions on the degree of disability;

b) The person with disabilities or his)her lawful representative disagrees with the conclusion on degree of disability made by the Disability Degree Determination Council.

c) There is well-grounded evidence on the biased and inaccurate determination of the degree of disability by the Disability Degree Determination Council.

3. If the Medical Examination Council has already made a conclusion on the sell-serving ability and the degree of working capacity loss. the degree of disability shall be determined under the Government's regulations.

Article 16. Disability Degree Determination Council

1. A Disability Degree Determination Council shall be established by the Chairman of the People's Committee of a commune, ward or township (below referred collectively as the commune level).

2. A Disability Degree Determination Council is composed of the following members:

a) The chairperson of the commune-level People's Committee as its President;

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

c) The commune official in charge of labor, war invalids and social affairs;

d) The heads or deputy heads of the commune-level Vietnam Fatherland Front Committee. Women's Union. Youth Union and War Veterans' Associations;

e) The head of the commune-level organization of persons with disabilities in the locality in which such organization exists.

3. The Council President shall organize and preside over activities of the Council. The Council shall work on the principle of collectivism. A Council meeting is valid only when it is attended by at least two-thirds of its members. The Councils' conclusion shall be adopted by vote of majority; if the votes are split equal, the opinion of the Council President is decisive. Conclusions shall be made in writing by the Council and signed by its President.

4. The Disability Degree Determination Council shall make decisions independently and are answerable to law for the truthfulness of the determination of the degree of disability.

5. The Minister of Labor. War Invalids and Social Affairs shall guide the operation of a Disability Degree Determination Council.

Article 17. Methods of determining degrees of disability

1. The determination of degrees of disability defined in Clause 1, Article 15 of this Law is carried out by the method of direct observation of persons with disabilities through their simple activities of serving their personal daily-life, the use of a set of questions under medical and social criteria and other simple methods to conclude on the degree of disability of each person.

The Minister of Labor, War Invalids and Social Affairs shall assume the prime responsibility for, and coordinate with the Minister of Health and the Minister of Education and Training in, detailing this Clause.

2. The Minister of Health shall assume the prime responsibility for, and coordinate with the Minister of Education and Training in, detailing the determination of degrees of disability for cases defined in Clause 2, Article 15 of this Law.

Article 18. Procedures for determination of degrees of disability

1. When wishing to determine of the degree of disability, persons with disabilities or their lawful representatives shall file applications with the commune-level People's Committees of the localities in which persons with disabilities reside.

2. Within 30 days after the receipt of an application for determination of the degree of disability, the chairman of the commune-level People's Committee shall convene the Disability Degree Determination Council and send a notice of the time for determination of the degree of disability to the person with disabilities or his) her lawful representative.

3. The Disability Degree Determination Council shall determine the degree of disability, compile a dossier on disability degree determination and make conclusion.

4. Within 5 working days after the issue of the conclusion by the Disability Degree Determination Council, the chairman of the commune-level People's Committee shall post up and publicize the conclusion of the Disability Degree Determination Council and issue a disability certificate.

5. The Minister of Labor, War Invalids and Social Affairs shall detail the order, procedures and dossiers of disability degree determination defined in this Article.

Article 19. Disability certificates

1. A disability certificate contains the following basic contents:

a) Full name, birth date and sex of the person with disabilities;

b) Place of residence of the person with disabilities;

c) Type of disability;

d) Degree of disability.

2. The disability certificate takes effect after it is signed by the chairman of the commune-level People's Committee.

3. The Minister of Labor. War Invalids and Social Affairs shall provide for the change, re-issuance and withdrawal of disability certificates.

Article 20. Re-determination of the degree of disability

1. Re-determination of the degree of disability shall be conducted upon request of the person with disabilities or his)her lawful representative when occurs an event which changes the degree of disability.

2. The order of, and procedures for, re-determining the degree of disability and granting a disability certificate comply with Articles 18 and 19 of this Law.

Chapter III

HEALTHCARE

Article 21. Primary healthcare at places of residence

1. Commune-level health stations shall:

a) Apply various forms of propagation, education and popularization of general knowledge of healthcare and disability prevention and minimization; guide persons with disabilities in methods of disease prevention, healthcare and functional rehabilitation;

b) Compile dossiers for health monitoring and management of persons with disabilities;

c) Give medical examination and treatment as suitable to their professional scope to persons with disabilities.

2. The fund for materialization of Points a and b, Clause 1 of this Article shall be provided from the state budget.

Article 22. Medical examination and treatment

1. The State guarantees that persons with disabilities have access to medical examination and treatment as well as appropriate medical services.

2. Persons with disabilities are entitled to health insurance under the law on health insurance.

3. Families of persons with disabilities shall create favorable conditions for such persons to receive medical examination and treatment.

4. A person with disabilities who suffers a menial disease, being in the state of incitement or depression, having the idea and)or act of committing suicide or posing danger to other persons, shall be provided with supports in daily-life allowance, travel and hospitalization expenses in the period of compulsory treatment at medical examination and treatment establishments.

5. Organizations and individuals are encouraged to provide medical examination and treatment as support to persons with disabilities.

Article 23. Responsibilities of medical examination and treatment establishments

1. To apply appropriate medical examination and treatment measures to persons with disabilities.

2. To prioritize medical examination and treatment for persons with exceptionally serious disabilities, persons with serious disabilities as well as children, elderly persons and pregnant women with disabilities in accordance with the law on medical examination and treatment.

3. To advise on prevention and early detection of disability; determine congenital disability in infants in order to apply appropriate measures for treatment, orthopedic operations and functional rehabilitation.

4. To renovate and upgrade physical foundations for medical examination and treatment which are not yet accessible to persons with disabilities.

Article 24. Ort