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THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
No: 55/1999/ND-CP | Hanoi, July 10, 1999 |
DETAILING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ORDINANCE ON THE DISABLED
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Ordinance on the Disabled of July 30, 1998;
At the proposal of the Minister of Labor, War Invalids and Social Affairs,
DECREES:
OBJECTS AND SCOPE OF APPLICATION
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Seriously disabled persons without any source of income and without support; seriously disabled persons having close relatives who, however, are old and their families are poor, being economically incapable of taking care of them; and disabled children shall be cared for by the State and society and entitled to social support according to the provisions of the Ordinance on the Disabled and this Decree.
Disabled persons shall enjoy the following interests:
1. To be provided with guidance by medical agencies on health care, functional rehabilitation and use of orthopedic aids;
2. To benefit from the assistance of organizations and individuals at home and abroad;
3. To be entitled to establish, join and operate in social organizations as well as production and business associations of disabled persons according to the provisions of law;
4. To be assisted by the employment service centers through service charge exemption or reduction, when they have the demand for vocational guidance, vocational consultancy, job training and employment; To be given priority to borrow capital with preferential interest rates as prescribed by law, if they create jobs by themselves and work at their homes;
5. To be given favorable conditions for participation in cultural, physical training and sport activities as well as in the use of public facilities.
Article 3.- Laborers who become disabled due to labor accidents or occupational diseases shall be entitled to the social insurance regime under the Regulation on Social Insurance, issued together with the Government�s Decree No.12/CP of January 26, 1995. Besides, they shall enjoy the interests provided for in Clauses 1, 2, 3, 4 and 5, Article 2 of this Decree.
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1. To be entitled to medical examination and treatment at medical establishments as prescribed in Clause 1, Article 10 of the Ordinance;
2. To be provided with guidance by medical agencies on health care, functional rehabilitation and use of orthopedic aids as prescribed in Clause 2, Article 11 of the Ordinance;
3. To be given conditions for participation in cultural, physical training and sport activities as well as in the use of public facilities.
PROVISIONS ON SUPPORT FOR DISBALED PERSONS
a/ Allowance managed by the communes and wards: 45,000 dong/person/month;
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c/ For seriously mentally diseased persons, who have gone through long medical treatment, who are examined and evaluated by the competent medical agency as having the chronic, mental diseases and having acts which may cause dangers to the society, medical agencies shall compile the disease dossiers as prescribed and transfer them to the State-run social establishments for concentrated fostering of mentally diseased persons, with the allowance of 115,000 dong/person/month.
2. In cases where a seriously disabled person, who is enjoying the social allowance and placed under the commune or ward management, dies, the commune/ward People�s Committee shall have to support the organization of funeral of such person and decide the spending level according to the locality�s financial capability; where a seriously disabled person, being fostered at a State-run social establishment, dies, such social establishment shall organize funeral for that person and the spending level shall be decided by the provincial/municipal People�s Committee.
Article 7.- The provision of free medical examinations and treatments for seriously disabled persons who have no sources of income and no support, mentally diseased persons and poor disabled persons shall comply with the Government�s Decree No.95/CP of August 27, 1994 on the partial collection of hospital fee.
The Ministry of Health shall coordinate with the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance in guiding the levels of medical examination and treatment charge reduction/exemption for disabled persons, except for those who have been granted humanitarian medical insurance cards by mass and/or social organizations and agencies or are financially supported by international organizations.
1. Disabled persons who need to have artificial limps and/or orthopedic aids as prescribed by State-run functional rehabilitation establishments may buy them at prices set by the State or be considered for free supply proposed by the commune/ward People�s Committees to the competent medical agency for consideration and decision according to the following stipulations:
a/ Seriously disabled persons without sources of income and support; seriously disabled persons having close relatives, who, however, are old and their families are poor, being economically incapable of taking care of them; disabled children of under 15 whose families are poor shall be provided with artificial limps and/or orthopedic aids free of charge, which shall be covered by the local budget.
b/ Other poor disabled persons shall enjoy a 50% subsidy from the local budget to the purchase of artificial limps and/or orthopedic aids.
The criteria for being rated as poor shall be stipulated by the Ministry of Labor, War Invalids and Social Affairs.
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The Government Commission for Organization and Personnel shall assume the prime responsibility and coordinate with the Ministry of Health, the Ministry of Labor, War Invalids and Social Affairs and the Ministry of Finance in guiding the implementation of the allowance regime for those personnel who are assigned the task of regularly and directly tending seriously disabled persons.
Disabled pupils and students in semi-public schools, people-founded or private schools shall also be entitled to the consideration for school fee exemption or reduction under the guidance of the Finance Ministry or the Ministry of Education and Training.
1. Disabled pupils without support shall, at the proposal of the commune/ward People�s Committees, be admitted to boarding educational and fostering establishments and be entitled to the school fee exemption; during their stays at such boarding schools, they shall enjoy a social allowance of 100,000 dong/month and be provided free of charge with textbooks, notebooks and learning aids suited to the educational levels as provided for by the Ministry of Education and Training, which shall be allocated annually by the non-business fund for education and training.
2. Teachers directly teaching at special schools and classes, including the general education schools and vocational training schools reserved exclusively for disabled persons shall enjoy preferential treatment regime as that applicable for teachers in public schools in accordance with the current stipulations of the State.
3. Organizations and/or individuals that open general education schools or vocational training schools for charitable purposes, which are reserved exclusively for disabled persons shall be given favorable conditions in licensing their operations. Vocational training establishments that admit disabled persons for apprenticeship and production/business establishments reserved exclusively for disabled persons shall be eligible for tax exemption or reduction under the current regulations of the State.
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The aid receiving organizations and/or units shall have to fully and directly hand over aid sources to the aid beneficiaries.
RESPONSIBILITIES OF THE STATE AGENCIES
2. The Ministry of Health shall exercise the State management over the orthopedics and functional rehabilitation; coordinate with the Ministry of Labor, War Invalids and Social Affairs in classifying forms and grades of disability; work out and realize the community-based primary healthcare program for the prevention of disability as well as functional rehabilitation program for disabled persons which are suitable to the country�s capability and levels of economic, scientific and technological development; organize and manage sanatoriums, functional rehabilitation establishments, orthopedic centers for functional rehabilitation and functional rehabilitation systems in polyclinics and specialized hospitals.
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4. The Ministry of Construction, the Ministry of Communications and Transport and concerned ministries and branches shall elaborate the planning and criteria on the construction of public works, hospitals, schools, working offices and facilities in service of the public transportation, thus meeting the disabled people�s minimum demand therefor, first of all, those disabled in their movement or vision, especially in cities and important traffic hubs according to the provisions of Article 26 of the Ordinance on the Disabled.
The Ministry of Communications and Transport shall prescribe the priority regime on public transportation and freight reduction and exemption for wheelchairs in service of the disabled persons� movement.
5. The Ministry of Culture and Information and mass media agencies shall elaborate plans on the propagation and popularization of measures for disability prevention, the State�s regimes and policies for the disabled and support for disabled persons at the community; work out and broadcast literary and art programs and works of educational significance on the disabled and sign language programs on television; and create conditions for disabled persons to take part in cultural activities suited to their capability and health.
6. The other ministries and branches shall have to organize the protection of and care for disabled persons according to their respective functions, tasks and powers.
7. The People�s Committees of different levels shall have to exercise the State management over the protection of and care for disabled persons in their respective localities; determine the number and categories of disabled persons in the localities, organize the implementation of policies and regimes for disabled persons and mobilize people to prevent disability and assist disabled persons.
The Ministry of Finance shall assume the prime responsibility and coordinate with the Ministry of Labor, War Invalids and Social Affairs in guiding the localities, ministries and branches to elaborate the above-said plans and estimates.
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2. The "humanitarian aid funds for disabled persons" shall be used for tending and purchasing orthopedic aids for, disabled persons; as well as for vocational training, job creation, settlement of urgent difficulties, support for the construction of recreation centers for disabled persons, and award of scholarships for poor disabled pupils.
The funds in support of disabled persons and the "humanitarian aid funds for disabled persons" must be used for the right purposes; the revenue, expenditure as well as account settlement thereof shall comply with the current financial regulations; and such funds shall be subject to inspection and examination by financial agencies.
3. The Ministry of Labor, War Invalids and Social Affairs shall assume the prime responsibility and coordinate with the Government Commission for Organization and Personnel in elaborating and submitting to the Prime Minister for promulgation the Regulation on Organization and Operation of the "Humanitarian Aid Funds for Disabled Persons".
Article 19.- This Decree takes effect 15 days after its signing.
The earlier regulations which are contrary to this Decree are all now annulled.
Article 20.- The Ministry of Labor, War Invalids and Social Affairs, the Ministry of Health, the Ministry of Education and Training, the Ministry of Finance, the concerned ministries and branches as well as the People�s Committees of the provinces and centrally-run cities shall have to guide the implementation of this Decree.
Article 21.- The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People�s Committees of the provinces and centrally-run cities shall have to implement this Decree.
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ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Phan Van Khai
- 1Decree No. 67/2007/ND-CP of April 13, 2007, on support policies for social protection beneficiaries.
- 2Decree No. 28/2012/ND-CP of April 10, 2012, detailing and guiding a number of articles of the Law on the disabled
- 3Decree No. 28/2012/ND-CP of April 10, 2012, detailing and guiding a number of articles of the Law on the disabled
- 1Ordinance No. 06/1998/PL-UBTVQH10 of July 30, 1998 on disabled persons
- 2Decree No. 81-CP of November 23, 1995, stipulating in details and guiding the implementation of a number of articles of The Labor Code for disabled laborers.
- 3Decree No. 12-CP of January 26, 1995, issuing the regulation on social insurance
Decree No. 55/1999/ND-CP of July 10, 1999, detailing the implementation of a number of articles of the ordinance on the disabled
- Số hiệu: 55/1999/ND-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 10/07/1999
- Nơi ban hành: Chính phủ
- Người ký: Phan Văn Khải
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: Kiểm tra
- Tình trạng hiệu lực: Kiểm tra