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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
51/2010/QH12
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Hanoi,
June 17, 2010
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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
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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
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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;
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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.
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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.
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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.
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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.
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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:
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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:
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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.
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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;
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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;
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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.
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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.
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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;
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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
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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. Orthopedic and functional rehabilitation
establishments
1. Orthopedic
and functional rehabilitation establishments are those which provide orthopedic
operations and functional rehabilitation services for persons with
disabilities.
2. Orthopedic and functional
rehabilitation establishments include:
a/ Orthopedic
and functional rehabilitation institutes;
b/ Orthopedic
and functional rehabilitation centers;
c/
Convalescence and functional rehabilitation hospitals;
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e/ Functional
rehabilitation sections of social relief centers;
f/ Other
establishments.
The setting
up and operation of orthopedic and functional rehabilitation establishments
comply with law.
The State
shall invest in the construction of physical and technical foundations of
public orthopedic and functional rehabilitation facilities.
Article 25. Community-based functional rehabilitation
Community-based
functional rehabilitation means a measure to be implemented at communities with
a view to transferring knowledge on disability, rehabilitation skills and
positive attitudes to persons with disabilities, their families and communities
in order to create equality in opportunity and community integration for
persons with disabilities.
Persons with
disabilities shall be given conditions and supports for community-based
functional rehabilitation.
Families of
persons with disabilities shall create favorable conditions for such persons to
have community-based functional rehabilitation.
Orthopedic
and functional rehabilitation establishments shall participate in guiding
professional activities of community-based functional rehabilitation.
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Article 26. Scientific research, training of experts and
technicians, manufacture of equipment for persons with disabilities
The State
shall provide funding supports under projects for agencies or organizations
conducting scientific researches in persons with disabilities and training
orthopedic and functional rehabilitation experts and technicians.
Establishments
manufacturing orthopedic instruments, functional rehabilitation facilities and
equipment for daily-life activities, learning and work of persons with
disabilities are entitled to concessional loans and tax exemption or reduction
under law.
Orthopedic
instruments, facilities and equipment for functional rehabilitation, daily-life
activities, study and work of persons with disabilities, which come from
non-refundable aid programs or projects or are donated by foreign organizations
and individuals, are entitled to tax exemption or reduction under the tax law.
Chapter IV
EDUCATION
Article 27. Education for persons with disabilities
The State
shall create conditions for persons with disabilities to study in conformity
with their own needs and capabilities.
Persons with
disabilities may be admitted to school at ages higher than the ages prescribed
for general education; are given priority in enrolment; are entitled to
exemption from or reduction of certain study subjects or educational contents
and activities beyond their personal capabilities and to exemption from or reduction
of school fees, training expenses and other contributions: and are considered
for provision of scholarships and learning equipment.
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The Minister
of Education and Training shall assume the prime responsibility for, and
coordinate with the Minister of Labor, War Invalids and Social Affairs and the
Minister of Finance in, detailing Clause 2 of this Article.
Article 28. Modes of education applicable to persons with
disabilities
1. Education
applicable to persons with disabilities includes integrative education,
semi-integrative education and exclusive education.
2.
Integrative education is the main mode of education for persons with
disabilities.
Semi-integrative
education and exclusive education will be implemented if conditions for persons
with disabilities to study by integrative education are not yet fully met.
3. Persons with disabilities,
their parents or guardians shall opt for modes of education suitable to the
personal development of persons with disabilities. Families shall create
favorable conditions and opportunities for their members with disabilities to
study and develop according to their personal capabilities.
The State
encourages persons with disabilities to learn by the mode of integrative
education.
Article 29. Teachers. education administrators and education
support personnel
1. Teachers
and education administrators participating in the education of persons with
disabilities and personnel supporting the education of persons with
disabilities shall be trained and updated in profession and skills to meet the
requirements of education of persons with disabilities.
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Article 30. Responsibilities of educational institutions
1. To ensure
teaching and learning conditions suitable to persons with disabilities, to be
disallowed to refuse admission of persons with disabilities in contravention of
law.
2. To
renovate and upgrade physical teaching and learning foundations which fail to
meet the conditions on access by persons with disabilities.
Article 31. Integrative education development support centers
1.
Integrative education development support centers are establishments which
provide teaching and learning programs, equipment, documents as well as
education consultancy services and support, or organize education, suitable to
the characters and circumstances of persons with disabilities.
2.
Integrative education development support centers have the following tasks:
a/ To detect
disabilities so as to advise on the selection of appropriate modes of
education;
b/ To take
early intervention measures at communities so as to opt for appropriate modes
of education for persons with disabilities:
c/ To provide
psychological, health, educational and vocational consultancy in order to
select appropriate modes of education;
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e/ To provide
peculiar teaching and learning programs, equipment and documents suitable to
every form and degree of disability.
3. The
establishment and operation of integrative education development support
centers must satisfy the following conditions:
a/ Having
material foundations, equipment and support services suitable to the
characteristics of persons with disabilities:
b/ Having the
contingent of cadres, teachers and education-supporting personnel with
professional qualifications suitable to various modes of education applicable
to persons with disabilities:
c/ Having
education and retraining programs and counseling materials suitable to various
modes of education applicable to persons with disabilities.
4.
Chairpersons of provincial-level People's Committees shall establish or license
the establishment of integrative education development support centers.
5. The
Minister of Education and Training shall assume the prime responsibility for,
and coordinate with the Minister of Labor, War Invalids and Social Affair in,
specifying the conditions for establishment and operation of integrative
education development support centers defined in Clause 3 of this Article.
Chapter V
VOCATIONAL TRAINING AND
EMPLOYMENT
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1. The State
ensures that persons with disabilities are provided with free advice on
vocational training, job selection and learning according to their capability
and ability on an equal basis like other persons.
2. Vocational
training establishments shall issue diplomas and certificates and recognize
trained jobs when persons with disabilities finish their training programs and
fully satisfy the conditions prescribed by heads of state agencies managing
vocational training.
3. Vocational
training establishments which organize vocational training for persons with
disabilities must meet the conditions on vocational training for persons with
disabilities and are entitled to preferential policies under law.
4. Persons
with disabilities who are vocational trainees and teachers providing vocational
training to persons with disabilities are entitled to regimes and policies
prescribed by law.
Article 33. Employment for persons with disabilities
1. The State
shall create conditions for persons with disabilities to have their working
functions rehabilitated, to receive free job advice, to be employed and perform
jobs suitable to their health and characteristics.
2. Agencies,
organizations, enterprises and individuals may neither refuse to recruit
persons with disabilities who fully satisfy the recruitment conditions nor set
recruitment criteria in violation of law in order to restrict working
opportunities of persons with disabilities.
3. Agencies,
organizations, enterprises and individuals employing persons with disabilities
shall, depending on their specific conditions, arrange jobs and ensure the
working conditions and environment suitable to these persons.
4. Agencies,
organizations, enterprises and individuals employing persons with disabilities
shall comply with the labor law concerning employees with disabilities.
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6.
Self-employed persons with disabilities or households creating jobs for persons
with disabilities may borrow loans at preferential interest rates for
production and business activities and to be guided in production, technology
transfer and receive support in product sales according to regulations of the
Government.
Article 34. Production and business establishments employing
many persons with disabilities
Production
and business establishments which employ persons with disabilities accounting
for 30% or more of their total employees may receive supports for improvement
of their working conditions and environment suitable to persons with
disabilities; be exempt from enterprise income tax; borrow loans at
preferential interest rates under production and business development projects;
receive priority in land, ground and water surface lease and be exempt from
rents of land, ground and water surface to serve production and business
activities in proportion to the percentage of employees with disabilities, the
degree of their disabilities and the size of enterprises.
Article 35. Policies for recruitment of persons with
disabilities
1. The State
encourages agencies, organizations and enterprises to employ persons with
disabilities. Enterprises employing many persons with disabilities are entitled
to preferential policies provided in Article 34 of this Law.
2. The
Government shall detail policies of encouraging agencies, organizations and
enterprises to employ persons with disabilities under Clause 1 of this Article.
Chapter VI
CULTURE, PHYSICAL
TRAINING SPORTS, ENTERTAINMENT AND TOURISM
Article 36. Cultural, physical training, sport, entertainment
and tourist activities for persons with disabilities
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2. Persons
with exceptionally serious disabilities are entitled to exemption from, and
persons with serious disabilities are entitled to reduction of, ticket prices
and service charges when using a number of cultural, physical training, sport,
entertainment and tourist services according to the Government's regulations.
3. The State
and society shall create conditions for persons with disabilities to develop
their talent and gift in culture, arts and sports; to participate in art
creation and performances as well as sport practices and competitions.
4. The State
shall provide supports for activities of designing, manufacturing and producing
instruments and equipment used in cultural and sport activities: encourage
agencies, organizations and individuals to design, manufacture and produce
equipment for use in cultural, physical training, sport, entertainment and
tourist activities suitable to persons with disabilities.
Article 37. Organization of cultural, physical training,
sport, entertainment and tourist activities of persons with disabilities
1. Cultural,
physical training, sport, entertainment and tourist activities of persons with
disabilities will be incorporated into community cultural life and organized in
diverse forms, meeting their cultural, physical training, sport, entertainment
and tourism demands.
2. National
sport games and competitions and art performance competitions of persons with
disabilities shall be organized in conformity with the characteristics and
needs of persons with disabilities and socio-economic conditions.
Article 38. Responsibilities of cultural, physical training,
sport, entertainment and tourist establishments
1. To invest in
physical foundations as well as supporting facilities and create favorable
conditions for persons with disabilities to participate in cultural, physical
training, sport, entertainment and tourist activities; arrange personnel, means
and instruments to help persons with disabilities when organizing cultural,
physical training, sport, entertainment and tourist activities.
2. To
improve, upgrade physical foundations which fail to satisfy the conditions on
access by persons with disabilities.
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Chapter VII
CONDOMINIUMS, PUBLIC
WORKS, TRANSPORTATION, INFORMATION TECHNOLOGY AND COMMUNICATION
Article 39. Condominiums and public works
1. The
approval of designs, construction and check-and-takeover of new constructions,
renovation and upgrading of condominiums, offices and technical and social
infrastructure facilities must comply with national technical standards on
construction in order to ensure access by persons with disabilities.
2.
Condominiums, offices and public technical and social infrastructure facilities
built before the effective date of this Law which fail to meet the conditions
on access by persons with disabilities shall be improved and upgraded to meet
these conditions according to the schedule defined in Article 40 of this Law.
Article 40. Schedules for improvement of condominiums and
public works
1. By January
1, 2020, the following public works must satisfy the conditions on access by
persons with disabilities:
a/ Offices of
the agencies:
b/ Railway
stations, car terminals and ports;
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d/
Educational and vocational training establishments;
e/ Cultural,
physical training and sport works.
2. By January
1, 2025, all condominiums offices, public technical infrastructures and social
infrastructure facilities other than those defined in Clause 1 of this Article
must satisfy the conditions on access by persons with disabilities.
3. The
Government shall detail the implementation of the schedules for improvement of
each type of works defined in Clauses 1 and 2 of this Article.
Article 41. Movement of persons with disabilities
1. Personal
vehicles of persons with disabilities, when moving on the road, must satisfy
national technical standards and be suitable to their health conditions. With
regard to personal vehicles requiring driver licenses, persons with
disabilities shall be trained in driving and granted driver licenses.
2. Persons
with disabilities, when using means of mass transit, may use supporting
facilities or rendered corresponding assistance: and carry along appropriate
means or supporting facilities and be exempt from charges there for.
3. Persons
with exceptionally serious disabilities and persons with serious disabilities
are entitled to exemption from or reduction of fares or service charges when
using certain means of mass transit under the Government's regulations.
4. Persons
with disabilities are given priority in ticket purchase, assisted and arranged
for convenient seats when using means of mass transit.
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1. Means of
mass transit must be built with priority scats for persons with disabilities;
with instruments that allow convenient mounting and dismounting or render
assistance suitable to the characteristics of persons with disabilities.
2. Means of
mass transit to be accessible by persons with disabilities must satisfy
national technical standards on accessible transportation promulgated by
competent state agencies.
3. Mass
transit units shall invest in and arrange means up to technical standards on
accessible transportation on transport routes according to the rates prescribed
by the Government in each period.
4. Produced
or imported means of mass transit satisfying national technical standards on
accessible transportation are entitled to tax exemption or reduction under tax
law.
Article 43. Information technology and communication
1. The State
encourages agencies, organizations, enterprises and individuals operating in
information technology to apply and develop information technology reserved for
persons with disabilities.
2. Mass media
agencies have the responsibility to cover the material and spiritual life of
persons with disabilities.
Vietnam
Television Station shall broadcast programs with Vietnamese subtitles and sign
language for persons with disabilities according to regulations of the Minister
of Information and Communications.
3. The State
shall adopt policies on tax exemption and reduction, concessional loans and
other supports for research into, manufacture or production of equipment,
provision of services and supply of equipment to enable persons with
disabilities to access information technology and communication: and support
the collection, compilation and publication of documents printed in Braille for
persons with visual disabilities, reading documents for persons with sensory
and intellectual disabilities.
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SOCIAL RELIEF
Article 44. Monthly social allowances and care-taking fund
supports
1. Entitled
to monthly social allowance arc:
a/ Persons
with exceptionally serious disabilities, except for the cases defined in
Article 45 of this Law;
b/ Persons
with serious disabilities.
2. Entitled
to monthly care-taking fund supports are:
a/ Families
of persons with exceptionally serious disabilities that are directly nurturing
and taking care of these persons;
b/ Persons
who undertake to nurture and take care of persons with exceptionally serious
disabilities;
c/ Persons
with disabilities defined in Clause 1 of this Article, who are pregnant or
nursing children under 36 months old.
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The monthly
social allowance level and monthly care-taking fund support level for each type
of beneficiary under this Article shall be set by the Government.
Article 45. Nurture of persons with disabilities in
social-relief establishments
1. Persons
with exceptionally serious disabilities without anyone to support or without
ability to lake care of themselves shall be admitted to social- relief
establishments.
2. The State
shall provide social relief centers with funds for nurturing persons with
disabilities defined in Clause 1 of this Article, including:
a/ Monthly
nurturing allowance:
b/
Procurement of personal articles and utensils for daily-life activities;
c/ Purchase
of health insurance;
d/ Purchase
of common curative medicines:
c/ Purchase
of instruments and facilities for functional rehabilitation;
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g/ Monthly
personal hygiene for women with disabilities.
3. The
Government shall prescribe the monthly nurturing allowance and funding levels
defined at Clause 2 of this Article.
Article 46. Funeral expenses
Persons with
disabilities on monthly allowance will be provided with funeral expenses
support upon their death. The Government shall set funeral expense support
levels.
Article 47. Establishments taking care of persons with
disabilities
1.
Establishments taking care of persons with disabilities are those which nurture
and provide consultancy services and assistance to persons with disabilities.
2.
Establishments taking care of persons with disabilities include:
a/ Social
relief centers;
b/ Service
establishments to support persons with disabilities;
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d/ Other
establishments taking care of persons with disabilities-
3. The
Government shall prescribe the conditions for the setting up. operation and
dissolution of establishments taking care of persons with disabilities.
4. The .State
invests material foundations and provides operating funds for public
establishments taking care of persons with disabilities.
Article 48. Responsibilities of establishments taking care of
persons with disabilities
1. To meet
the conditions on operation of establishments taking care of persons with
disabilities; to fully satisfy standards on nurture, consultancy service and
assistance for persons with disabilities corresponding to each type of
establishment.
2. To improve
and upgrade physical foundations which fail to meet the conditions on access by
persons with disabilities.
Chapter IX
RESPONSIBILITIES OF
STATE AGENCIES IN CHARGE OF AFFAIRS RELATED TO PERSONS WITH DISABILITIES
Article 49. State management agencies in charge of affairs
related to persons with disabilities
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2. The
Ministry of Labor, War Invalids and Social Affairs is answerable to the
Government for performing the function of state management of affairs related
to persons with disabilities.
3. Ministries
and ministerial-level agencies shall, within the ambit of their tasks and
powers, coordinate with the Ministry of Labor. War Invalids and Social Affairs
in performing the state management of affairs related to persons with
disabilities.
4. People's
Committees at all levels shall, within the ambit of their tasks and powers, perform
the state management of affairs related to persons with disabilities.
Article 50. Responsibilities of ministries, ministerial-level
agencies and People's Committees at all levels
1. The
Ministry of Labor, War Invalids and Social Affairs has the following
responsibilities:
a/ To
formulate and submit to competent agencies for promulgation or promulgate
according to its competence legal documents, programs, schemes and plans on
activities related to persons with disabilities;
b/ To assume
the prime responsibility for, and coordinate with other ministries,
ministerial-level agencies and provincial-People's Committees in, materializing
legal documents on persons with disabilities; and programs, schemes and plans
on affairs related to their activities;
c/ To
formulate and submit to the Government for promulgation procedures, dossiers,
time and processes for settlement of the social allowance regime and funeral
expense regime; the process of. procedures for, and dossiers on, admission of,
and conditions on cease of nurturing and taking care of persons with
disabilities in establishments taking care of these persons;
d/ To
formulate and submit to the Government for promulgation regulations on regimes
and policies applicable to persons engaged in activities related to persons
with disabilities; cadres, public servants, caretakers, functional
rehabilitation personnel and full-time cadres of organizations of persons with
disabilities;
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f/ To
professionally train cadres, public servants and personnel engaged in
activities related to persons with disabilities and caretakers of persons with
disabilities at families, communities and establishments taking care of persons
with disabilities;
g/ To
formulate and implement programs to raising awareness of persons with
disabilities and on activities related to these persons;
h/ To examine
and inspect the implementation of the law on persons with disabilities:
i/ To effect
international cooperation on persons with disabilities;
j/ To
formulate and submit to the Prime Minister for approval schemes on assistance
to persons with disabilities;
k/ To conduct
surveys, statistics, to build and manage databases and information and
periodically publicize reports on persons with disabilities:
1/ To plan
and manage the system of orthopedic and functional rehabilitation
establishments as well as establishments taking care of persons with
disabilities under their management.
2. The
Ministry of Health has the following responsibilities:
a/ To perform
the state management of healthcare for persons with disabilities;
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3. The Ministry of Education and
Training has the following responsibilities:
a/ To perform
the state management of education for persons with disabilities;
b/ To provide
national standards on sign language and Braille for persons with disabilities;
c/ To plan
the system of exclusive educational institutions for persons with disabilities
and the system of integrative education development support centers;
d/ To train
teachers and education support personnel, to compile curricula, documents,
syllabuses and textbooks applicable to students with disabilities; to direct
the research into, production and supply of, teaching equipment suitable to
each form and degree of disability;
e/ To assume
the prime responsibility for, and coordinate with the Ministry of Labor, War
Invalids and Social Affairs and the Ministry of Health in, implementing special
education programs for children with disabilities.
4. The
Ministry of Culture, Sports and Tourism shall perform the state management of
cultural, sports, entertainment and tourist activities for persons with
disabilities; and direct, guide and organize activities to raise the cultural
and spiritual life of persons with disabilities.
5. The Ministry
of Construction shall assume the prime responsibility for, and coordinate with
relevant ministries and ministerial-level agencies in, promulgating, guiding
and organizing the application of national technical standards on construction
of condominiums, offices, technical and social infrastructure facilities
meeting the conditions on access by persons with disabilities.
6. The
Ministry of Transport shall assume the prime responsibility for, and coordinate
with relevant ministries and ministerial-level agencies in, promulgating,
guiding and organizing the application of national technical standards on
transport infrastructure, supporting facilities and priority policies for
persons with disabilities in mass transit.
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8. The
Ministry of Science and Technology shall assume the prime responsibility for,
and coordinate with relevant ministries and ministerial-level agencies in,
promulgating, guiding and organizing the realization of regulations on
promotion of research into, production and application of products to support
persons with disabilities.
9. The
Ministry of Finance shall allocate budgets for the materialization of policies,
programs, schemes and projects on assistance to persons with disabilities and
allocate budget for investigations, surveys and statistics on persons with
disabilities under the state budget law.
10. The
Ministry of Planning and Investment shall appraise and approve state-invested
projects on care for, nurturing of. orthopedic operations and functional
rehabilitation for, persons with disabilities; and assume the prime
responsibility for, and coordinate with the Ministry of Labor, War Invalids and
Social Affairs in, conducting investigations, surveys and statistics on persons
with disabilities.
11. People's
Committees at all levels shall, within the ambit of their tasks and powers,
perform the state management of activities related to persons with
disabilities: incorporate activities related to persons with disabilities into
local social-economic development plans; ensure conditions for persons with
disabilities to exercise their rights and fulfill their obligations and
responsibilities; create conditions for organizations and individuals assisting
persons with disabilities.
Chapter X
IMPLEMENTATION
PROVISIONS
Article 51. Application of law
1. Persons
with disabilities currently enjoying preferential policies towards people with
meritorious services to the revolution or currently enjoying pensions or
monthly social allowances are not entitled to the policies defined in Clause 1,
Article 44 of this Law, but may enjoy the policies prescribed in this Law if
the law on people with meritorious services to the revolution or the law on
social insurance has not so provided for.
2. Persons
with disabilities entitled to various policies on assistance to social relief
beneficiaries of the same category may enjoy only one policy of highest
assistance.
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Article 52. Effect
1. This Law
takes effect on January 1, 2011.
2. The 1998
Ordinance on Persons with Disabilities ceases to be effective on the effective
date of this Law.
Article 53. Implementation detailing and guidance
This Law was
passed on June 17, 2010, by the XIIth National Assembly of the
Socialist Republic of Vietnam at its 7th session. -
CHAIRMAN
OF THE NATIONAL ASSEMBLY
Nguyen Phu Trong