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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.
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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.
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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;
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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.
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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.
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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
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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
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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.
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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;
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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.
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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 custody or right to marry of persons with disabilities.
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:
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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;
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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
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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;
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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:
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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.
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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. 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;
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d/ Functional
rehabilitation departments of medical examination and treatment establishments;
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.
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People's
Committees at all levels shall formulate and realize programs on
community-based functional rehabilitation; and create conditions for agencies,
organizations and individuals to organize or participate in community-based
functional rehabilitation activities.
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.
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Persons with
disabilities shall be provided with equipment and materials in support of their
exclusive learning in case of necessity; persons with sensory disabilities may
have their learning in sign language, persons with visual disabilities may have
their learning in Braille under the national standards.
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
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2. Teachers and
education administrators participating in the education of persons with
disabilities and personnel supporting the education of persons with
disabilities are entitled to allowances and incentives under the Government's
regulations.
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:
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d/ To support
persons with disabilities in families, at educational institutions and
communities;
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
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Article
32. Vocational training for persons with disabilities
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.
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5. Job placement
organizations shall provide vocational training and job advice as well as job
recommendation for persons with disabilities.
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
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1. The State
shall provide supports for cultural, physical training, sport, entertainment
and tourist activities suitable to the characteristics of persons with
disabilities; create conditions for persons with disabilities to enjoy culture,
physical training, sports, entertainment and tourism.
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.
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3. Instruments,
facilities and equipment for cultural, physical training, sport, entertainment
and tourist activities of persons with disabilities must ensure safety and
convenience and be suitable to the characteristics of persons with
disabilities.
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:
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c/ Medical
examination and treatment establishments;
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.
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Article
42. Means of mass transit
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.
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Chapter VIII
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;
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Persons with
disabilities defined at Clause 1 of this Article, who are children or elderly
are entitled to allowances higher than others of the, same degree of
disability.
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:
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f/ Funeral upon
death;
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;
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c/ Centers to
support persons with disabilities who live independently;
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
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1. The
Government shall perform the unified state management of affairs related to
persons with disabilities.
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;
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e/ To provide
for professional standards applicable to cadres, public servants and personnel
taking care of persons with disabilities in establishment taking care of
persons with disabilities;
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:
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b/ To assume the
prime responsibility for, and coordinate with the Ministry of Labor, War
Invalids and Social Affairs in, specifying activities of functional rehabilitation
for persons with disabilities; training in functional rehabilitation;
implementing programs on disability prevention; and guiding community-based
functional rehabilitation for persons with disabilities.
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.
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7. The Ministry
of Information and Communications shall promulgate, guide and organize the
application of, national technical standards on access to information for persons
with disabilities; direct and guide mass media agencies to propagate and
disseminate policies and law on persons with disabilities.
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.
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3. Persons with
disabilities currently enjoying the regime of nurture and care at social relief
centers before this Law takes effect may enjoy continued nurture and care at
these social relief centers under Clause 2, Article 45 of this Law.
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
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