THE STANDING COMMITTEE
OF NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF
VIET NAM
Independence - Freedom – Happiness
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No. 06/1998/PL-UBTVQH10
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Hanoi, July 30, 1998
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ORDINANCE
ON DISABLED PERSONS
(No. 06/ 1998 /PL-UBTVQH10
of July 30, 1998)
To protect, care for and create conditions
for the disabled to integrate with the community are activities of deep
economic, political, social and humanistic significance and a fine tradition of
our nation;
Pursuant to Article 59, Article 67 and Article 91 of the 1992 Constitution of
the Socialist Republic of Vietnam;
Pursuant to the Resolution of the National Assembly, Xth Legislature, 2nd
Session on the program of elaborating laws and ordinances in 1998;
This Ordinance provides for the responsibility of the family, the State and
society toward disabled persons, and the rights and obligations of disabled
persons.
Chapter I
GENERAL PROVISIONS
Article 1.- Disabled
persons by definition of this Ordinance, irrespective of the causes of the
disability, are defective of one or many parts of the body or functions which
are shown in different forms of disability, and which reduce the capability of
activity and causes many difficulties to work, life and studies.
Article 2.- Disabled persons
who are war invalids and diseased soldiers as defined in Article 12 and Article
13 of the "Ordinance on preferential treatment of revolutionary activists,
fallen heroes and families of fallen heroes, war invalids, diseased soldiers,
activists in the wars of resistance and persons with meritorious activities in
assisting the revolution", who are honored by the State and society, in
addition to enjoying the specific regime of preferential treatment by the State
according to law, also benefit from interests as provided for in this Ordinance
and not yet defined in separate specific regimes of preferential treatment.
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1. The State encourages
and creates favorable conditions for disabled persons to exercise on an equal
basis their political, economic, cultural and social rights and develop their
abilities to stabilize their life, integrate themselves into the community and
take part in social activities.
2. Disabled persons are assisted by the State
and society in healthcare and functional rehabilitation, in the procurement of
suitable jobs and are eligible to other rights as prescribed by law.
Disabled children and persons invalidated by the
consequences of dioxin during the war shall receive special protection and care
by the State and society.
3. Disabled persons have the duty to overcome
difficulties to integrate themselves into the community, observe law and public
order and respect social ethics.
Article 4.-
1. The parents, other
members in the family and the tutor of the disabled person have the duty to
raise, care for and assist the disabled person to recover his/her functions, to
study, work and take part in social life.
2. Seriously disabled persons without any source
of income and without support shall be assisted, cared for and raised by the
State and society at their place of residence or at social establishments of
the State and social organizations.
3. Old and senile seriously disabled persons who
have close relatives but whose families are too poor economically to care for
them shall receive social allowances.
Article 5.-
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2. The State encourages and creates favorable
conditions for organizations and individuals inside and outside the country,
Vietnamese settlers abroad to take part in social and charity activities in
appropriate forms to help the disabled.
Article 6.- State
agencies, political organizations, socio-political organizations, social
organizations, socio-professional organizations, economic organizations, units
of the People's Armed Forces and all citizens have the responsibility to carry
out programs and measures to prevent disability, prevent and fight against
disasters of all kinds and limit the danger of incidence of disability.
Article 7.-
1. Disabled persons are
entitled to set up, join and operate in social organizations, production and
business associations of disabled persons as provided for by law.
2. Organizations and individuals are entitled to
set up and join associations in support of disabled persons according to
prescriptions of law.
Article 8.- The Vietnam
Fatherland Front and its member organizations, and other social organizations
have the responsibility to call on the people to carry out the Ordinance on
Disabled Persons; take part in organizing the health care and functional
rehabilitation for disabled persons, especially disabled children; supervise
the implementation of the legislation on disabled persons and propose to the
related State agencies on the protection and care for the disabled.
Article 9.- It is
strictly forbidden to take any act of discrimination or maltreatment against
disabled persons, to abuse the body, dignity and honor of the disabled persons,
misuse, entice or force them or misuse the organizations of disabled persons to
carry out acts in contravention of law.
Chapter II
CARING FOR THE HEALTH AND
SUPPORTING THE RAISING OF DISABLED PERSONS
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1. Disabled persons are
entitled to disease prevention, health care and functional rehabilitation;
health examinations and treatment at medical establishments.
2. Seriously disabled persons without income and
support and poor disabled persons are assured medical examinations and
treatment free of charge.
3. Persons with serious forms of mental illness
who pose threat to society must be put under obligatory treatment at mental
establishments.
Article 11.-
1. Disabled persons shall
receive functional rehabilitation and shall be supplied with necessary
orthopedic services from specialized agencies combined with the participation
of the community. Poor disabled persons shall be supplied free of charge or
supplied part of the cost or shall be guided to make ordinary aids in
functional rehabilitation.
2. Disabled persons and their families shall be
guided by the medical agency in healthcare, functional rehabilitation and the
use of orthopedic aids.
Article 12.-
1. The People's
Committees at various levels shall coordinate with social organizations to
organize appropriate forms of care to admit seriously disabled persons without
income and support.
2. The monthly allowances for seriously disabled
persons without income and support shall be prescribed by the Government.
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3. The cost of raising seriously disabled
persons without income and support shall be taken from the budget at various
levels, from donations from organizations and individuals inside and outside
the country and from other sources.
4. Seriously disabled persons in the social
establishments of the State shall receive allowances on services for seriously
disabled persons representing 30% of the wages based on the specializations and
grades.
Article 13.- The State
shall provide monetary support for scientific research projects on disabled
persons and in training specialists in functional rehabilitation for disabled
persons.
Establishments producing instruments and
equipment to aid the life, education and work of disabled persons are entitled
to borrow funds at preferential interest rate prescribed by the Government from
the National Fund for Job Settlement.
Article 14.-
1. The State encourages
the production of instruments and equipment to aid disabled persons in their
life, studies and work, especially the production of such instruments and
equipment involving the use of materials and production means in the
localities.
2. Documents, instruments and specialized
equipment used in scientific research, donated as humanitarian aid, or
nonrefund aid or imported for use for the benefit of disabled persons or
donated by foreign organizations and individuals or given as humanitarian aid
to disabled persons shall be exempted from import tax as provided for by the
tax legislation.
Chapter III
CULTURAL EDUCATION FOR
DISABLED PERSONS
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Article 16.-
1. Education for disabled
children shall be organized and carried out in the forms of integration
schooling at general schools or specialized schools for the disabled, nursing
homes for the disabled and at the family.
2. Disabled children with special gifts are
given priority in the admission to the corresponding schools for such gifts.
3. Teachers teaching at special schools and
classes for disabled persons shall enjoy the regime of preferential allowances
as provided for by the Government.
Article 17.-
1. Students who are
disabled boarders at educational and nursing establishments shall enjoy the
regimes and policies prescribed by the Government.
2. The State shall create favorable conditions
for organizations and individuals to open schools and classes specifically
reserved for disabled persons.
3. The State encourages foreign organizations
and individuals and Vietnamese settlers abroad to adopt programs and projects
to provide financial, professional and technical assistance to the education
combined with functional rehabilitation of disabled persons in Vietnam.
Chapter IV
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Article 18.-
1. The State, job
training establishments, and economic organizations shall create favorable
conditions for disabled persons to choose their trades, learn trades and find
jobs for themselves or to work right at home in a way suitable for their health
and their work capabilities.
Job learning disabled persons shall be exempted
from training fee and are entitled to social allowances as provided for by the
Government.
2. Organizations and individuals of all economic
sectors that take in disabled persons to learn trades or to work or that
provide jobs for disabled persons shall enjoy preferential policies as
stipulated by labor legislation.
Article 19.- Job
training establishments that take in disabled persons for job training and job
training establishments exclusively reserved for disabled persons shall be
considered for tax reduction and exemption, are entitled to borrow capital at
preferential interest rate under job training projects; are assigned or leased
land by the locality at places convenient for the organization of job training;
are assisted financially by the Government to build schools and classes and
purchase equipment and means to teach and train teachers.
Article 20.-
1. Disabled persons who
provide jobs for themselves or work at home are eligible to borrow capital at
preferential interest rate, are assisted by the local administration in
technology transfer, guided in production and technique and in marketing their
products.
2. Employment service centers shall have to
assist, reduce or exempt fees for disabled persons who need vocational guidance
or consultancy, job training and job seeking.
Article 21.-
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2. The recruitment of disabled persons to work
at enterprises of all economic sectors and all forms of ownership shall be
carried out according to the prescriptions of the labor legislation.
3. When recruiting laborers who are disabled
persons, the employer must conform with the prescriptions of the Labor Code and
specific regulations regarding laborers who are disabled persons.
Article 22.- Production
and business establishments reserved for disabled persons shall be exempted
from tax and can borrow capital at low interest rate proportionally with the
project of production and business development, are considered for capital
loans or financial support from the Fund reserved for disabled persons, are
eligible for assignment or rent of land by the locality at a place convenient
for their production and business activities.
Article 23.-
1. The capital of
production and business establishments reserved for disabled persons derives
from the sources of capital contributed by members, from the support or
lendings from the Fund for employment reserved for disabled persons according
to the approved projects; shares contributed by individuals and organizations,
humanitarian aid from organizations and individuals inside and outside the
country.
2. The capital allocated by the State and
donated as support from organizations and individuals inside and outside the
country to the job training establishments and production and business
establishments reserved for disabled persons must be managed and used for the
common benefit of the collective of the disabled persons and must not be
distributed to individuals.
Chapter V
CULTURAL, PHYSICAL
TRAINING AND SPORT ACTIVITIES AND THE USE OF PUBLIC UTILITY WORKS OF THE
DISABLED PERSONS
Article 24.- The State
and society shall create favorable conditions for disabled persons to develop
their creative potentials in literature, art, sport, science and technique; to
take part in creation, performance and competitions in the country and
international events and other cultural and sport activities compatible with
their capabilities and health.
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Article 26.- The
investment in the construction and reconditioning of dwelling houses and public
utility works and in designing and manufacturing means of living, communication
and liaison means must take into account their convenient use by disabled
persons, first of all those defective in movement and eyesight. At the same
time it must observe the norms and criteria of construction promulgated by the
competent State agencies.
Chapter VI
STATE MANAGEMENT OF THE
PROTECTION AND CARE FOR DISABLED PERSONS
Article 27.- State
management of the protection and care for disabled persons comprises the main
following contents:
1. To promulgate, amend, complement and guide
the application and organize the implementation of legal documents on disabled
persons and the policies and regimes with regard to disabled persons;
2. To classify different forms of disability,
defined the various degrees of disability, inventorize the number and structure
of disabled persons according to the forms of disability, degree and causes of
disability as basis for the elaboration of policies and measures to prevent
disability and help the disabled persons;
3. To formulate and organize the execution of
programs and projects on the socialization of the assistance to disabled
persons;
4. International cooperation relations in the
field of protecting and caring for disabled persons;
5. To organize the review and general review of
the implementation of the policies and regimes with regard to disabled persons;
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7. To reward and handle the violations of
legislation on disabled persons.
Article 28.-
1. The Government
exercises unified State management of the protection and care for disabled
persons in the whole country.
2. The Ministry of Labor, War Invalids and
Social Affairs has the responsibility to conduct State management of the
protection and care for disabled persons.
3. The Ministries, the ministerial-level
agencies, the agencies attached to the Government, within their functions,
tasks and powers, have the duty to coordinate with the Ministry of Labor, War
Invalids and Social Affairs in exercising State management of the protection
and care for disabled persons.
4. The People's Committees at various levels
within their functions, tasks and power shall have to conduct State management
of the protection and care for disabled persons in their locality.
Article 29.- The
Government shall direct the branches and levels to draw up programs for
preventing disability and helping disabled persons, especially seriously
disabled persons without income and support, poor disabled persons and disabled
persons in the countryside, mountain areas and remote regions.
Article 30.-
1. The humanitarian aid
fund for disabled persons shall be founded in diversified forms, in money or in
kind, through the reception of humanitarian aid or charity actions of the
people, economic organizations, political organizations, socio-political
organizations, social organizations, foreign organizations and individuals to
supplement the fund in order to increase the expenditures in support of
disabled persons.
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The Government shall provide for the founding
and operations of the Humanitarian Fund in support of disabled persons.
Article 31.- The 18th
of April each year is taken as Day of Protection and Care for Disabled Persons.
Chapter VII
REWARDS, HANDLING OF
VIOLATIONS
Article 32.-
Organizations and individuals that make outstanding achievements in the
protection and care for disabled persons or that have the merit of detecting
and preventing acts of violation of the legislation on disabled persons, and
disabled persons with meritorious achievements in study, labor and social
activities shall be awarded according to the general stipulations of the State.
Article 33.- Persons
who violate the stipulations of this Ordinance, who infringe upon the
legitimate rights and interests of disabled persons, persons having the
responsibility to care for disabled persons but renouncing on their
responsibility or maltreating disabled persons; those who misuse the disability
of others; disabled persons who misuse their disability to commit acts of
violation of law shall, depending on the character and extent of the violation,
be disciplined, put on administrative sanctions or examined for penal
liability; if they cause damage they shall have to pay compensations therefor
as provided for by law.
Chapter VIII
IMPLEMENTATION PROVISIONS
Article 34.-
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2. This Ordinance takes effect from November
1st, 1998.
The earlier stipulations which are contrary to
this Ordinance shall be annulled.
Article 35.- The
Government shall provide details and guidance for the implementation of this
Ordinance.
THE STANDING COMMITTEE
OF NATIONAL ASSEMBLY
Nong Duc Manh