Circular 45/2014/ttlt-Byt-Bldtbxh: Disability Examiners Examination Guide For Invalids And Invalids As Policy Beneficiaries

Original Language Title: Thông tư liên tịch 45/2014/TTLT-BYT-BLĐTBXH: Hướng dẫn khám giám định thương tật đối với thương binh và người hưởng chính sách như thương binh

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CIRCULAR guide visit disability examiner for invalids and invalids as policy beneficiaries _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ basing the Ordinance amending and supplementing some articles of the Ordinance on the incentive people to the revolution number 04/2012/UBTVQH13 on July 16, 2012 of the Standing Committee of the National Assembly;
Pursuant to Decree No. 31/2013/ND-CP dated 9 April 2013 of government regulation details, guide the implementation of some articles of the Ordinance on the incentive people to the revolution;
Pursuant to Decree No. 63/2012/ND-CP on August 31, 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of health;
Pursuant to Decree No. 106/2012/ND-CP dated 20 December 2012 of the Government functions, tasks, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;
At the suggestion of Director of Department of management examination and treatment, the Health Ministry and Chief people, the Ministry of labor, invalids and Social Affairs;
The Minister of health, Minister of labor, invalids and Social Affairs issued a circular guide visit injury assessment for invalids and invalids as policy beneficiaries.
Chapter I GENERAL PROVISIONS article 1. Scope this guidance on circular records, sequences, medical examiners examination content (hereafter abbreviated as GĐYK), synthetic method percentage hurt the body (hereinafter abbreviated as% ratio TTCT) due to injury for wounded, invalids, invalids category B and who enjoy the policy as invalids (hereinafter referred to as the wounded) as defined in Ordinance amending and supplementing some articles of the Ordinance on the incentive people to the revolution number 04/2012/UBTVQH13 on July 16, 2012 of the Standing Committee of the National Assembly (hereafter abbreviated as Ordinance No. 04/2012/UBTVQH13) and article 27 of Decree 31/2013/ND-CP dated 9 April 2013 of government regulation in detail , guiding the implementation of some articles of the Ordinance on the incentive people to the revolution (hereafter abbreviated as Decree No. 31/2013/ND-CP).
Article 2. Explanation of terms In this circular, the terms below are interpreted as follows: 1. first inspection Visit is visit inspection to determine the status and the rate of damage due to injury for TTCT% objects that previously have not visit any time examiners;
2. Visit the Phuc examiners decision by the Board of examiners visit is GĐYK levels implemented when the competent authorities or individuals disagree with the conclusions of the Council of provincial GĐYK was the previous assessment or examination beyond the professional ability of the GĐYK provincial Council;
The GĐYK Council, central cities, the Council GĐYK the Ministry of transportation (hereinafter referred to as the GĐYK provincial Council);
3. Visit the examiner last Gospel is examined by the Board of examiners visit Phuc last inspection done. Examination Council examination last blessings by the Minister of Health established under the order, the procedure specified in this circular;
4. The rate of injury to the body in this circular are generic for the rate of decline of labor ability due to the injury, injury.
Article 3. Object inspection examination 1. The injured injury assessment examination is first wounded meet prescribed in clause 1 article 27 of Decree 31/2013/ND-CP has not been injury assessment examination.
2. Invalids are temporary, the disability conclusion after three years was examiner to determine the rate of% permanent TTCT, hereafter referred to as the object has been determined the rate temporarily.
3. The wounded were examined disability examiners without injured forward then discover additional assessment and synthesis rate% TTCT, hereafter referred to as the supplementary assessment exam subjects to wounds.
4. The wounded had forensic examination injured but survive the wound then the examiner discovered the wound remains and general rate% TTCT, hereafter referred to as the object remains wound assessment examination. Identifying objects have the wounds left by the provisions of the Ministry of labor, invalids and Social Affairs.
5. The wounded had forensic examination injury, now has recurrent injuries according to the provisions of paragraph 4 Article 30 of Decree 31/2013/ND-CP, the examiner found that recurrent injuries, hereafter referred to as the object of recurrent wound assessment examination (not applicable to type B invalids).
Article 4. Medical examiners examination authority 1. The Council GĐYK the city, centrally performed the examination the examiner with respect to the object prescribed in article 3 of this circular, except in the cases specified in point a of Paragraph 2 of this.
GĐYK Council of the Ministry of transportation disability examiner for examination objects by Ministry of transport of the wounded certification, except in the cases specified in point a of Paragraph 2 of this.
2. GĐYK central-level Council made the examination the examiner with respect to the following cases: a) the examiner examination object specified in the clause: 2, 3, 4, 5 article 3 to this circular which has previously examined in the Council GĐYK the central level;
b) object GĐYK by the Board of examiners visit provincial referrals due to the exceedingly professional ability;
c examiner Examination, quyet blessings) at the request of the Bureau of management of examination and treatment, the Ministry of health or the Department's people, the Ministry of labor, invalids and Social Affairs or as suggested by the examiner examination subjects.
3. The Board examined the examiner last blessings visit the assessment with respect to the case: a) the object examination the examiner does not agree with the results of the inspection visit of the Council GĐYK the central level;
b) at the request of the Department of management examination and treatment, the Ministry of health or the Department's people, the Ministry of labor, invalids and Social Affairs.
Article 5. General responsibilities of the organisation or individual concerned 1. The Department of labor, invalids and Social Affairs is responsible for defining the object, complete records and introduced the audience to visit in GĐYK provincial Council.
The Department of labor, invalids and Social Affairs does not introduce an object inspection visit in two GĐYK Council the same level on the same certificate or hurt A record excerpts.
2. The Council GĐYK the level check record and only visit when the inspection records of valid object as specified in this circular, the responsible examiner examination results.
3. The case beyond the professional ability of the GĐYK provincial Council, the provincial Council of GĐYK is responsible for finishing, move records and introduced the audience to the examiner at the examination Council of GĐYK the central level; at the same time notify in writing to the Department of labor, invalids and Social Affairs said, coordination.
4. Case management treatment, Local Department of health or the Ministry of labour, people, invalids and Social Affairs did not agree with the conclusions of the Council of provincial GĐYK the text requires the Council of the central level examination GĐYK examination; If it does not agree with the results of the inspection visit of the Central GĐYK Council shall recommend to the Minister of health consideration, decided to set up clinics Akinsanya examiners Board decision last time. GĐYK Central Council is responsible for finalizing the record and move to the Board of examiners examination last blessings.
5. The implementation of responsible GĐYK screening test, the examiner to visit with one of her papers: paper identity card or passport or certificate of invalids or confirmation of the communes, wards and towns where registered permanent residence, photographic portrait of the capture objects on white background picture size is 4 cm x 6 cm on way up the profile is not more than 6 months, stamped by the police.
6. The evaluation examined present one of the papers specified in Clause 6 of this for people who make visit GĐYK to check out, collated in every time make a visit inspection activities and comply with the instructions, the designation of the person performing the examination GĐYK and Board GĐYK in the process of implementing screening assessment.
Chapter II EXAMINATION PROFILE medical examiners article 6. Profile first disability examiners examination 1. A key recommendation of the Department of labor, invalids and Social Affairs by the Director or Deputy Director be authorized Director signed and stamped (hereafter referred to collectively as the leader of the Department of labor, invalids and Social Affairs). The recommendation must specify the object first disability assessment examination.
2. Copy of certificate of injuries due to head the Department of labor, invalids and Social Affairs signed, stamped.
3. The paper proposed the visit of the assessment visit of the people's committees of communes, wards and towns (hereinafter referred to as the social PEOPLE'S COMMITTEE) where the registration of permanent residence or, held where the visit is working.
Article 7. Examination and inspection records for the case has been determined the rate temporarily, additional case wound up 1. A key recommendation of the Department of labor, invalids and Social Affairs by the head of the signed and stamped. The recommendation must specify the object has been determined the rate of temporary or additional assessment examination object of wounds and wound clearly needs examination assessment.
2. The paper proposed the visit of the assessment visit of the PEOPLE'S COMMITTEE granted the town where registered permanent residence or the Agency, the organization where the person examined is working.
3. where the examination assessment of temporary rate must be added: a) a copy of the certificate of injuries due to head the Department of labor, invalids and Social Affairs signed, stamped. The event object is then replaced by the wounded themselves A record excerpts.
b) a copy of the minutes of the GĐYK Board GĐYK examination has identified the national examination% TTCT temporarily as leaders of the Department of labor, invalids and Social Affairs signed, stamped.
4. where the examination of additional inspection of the wound should have added: a) a copy of the certificate of the wounded were injured near (not yet assessed) as leaders of the Department of labor, invalids and Social Affairs signed, stamped.
b) a copy of the minutes of the GĐYK Board GĐYK examination has identified the national examination% TTCT due to injury last due to head the Department of labor, invalids and Social Affairs signed, stamped.
Article 8. Examination and inspection records for cases of wounds left 1. A key recommendation of the Department of labor, invalids and Social Affairs by the head of the signed and stamped. The recommendation must specify the object remains wound assessment examination, at the same time stating the wound remains and/or location of the metal fragments in the body need examination and assessment.

2. Copy of certificate of injuries due to head the Department of labor, invalids and Social Affairs signed and stamped. The event object has is wounded, they must enclose a own record excerpts.
3. A copy of the minutes of the GĐYK Board GĐYK examination has identified the national examination% TTCT due to injury, most recently headed the Department of labor, invalids and Social Affairs signed and stamped.
4. One of the following papers: radiological results; Results of computer tomography; Certificate of surgery (for the case of surgical procedures, were retrieved object); Discharge papers survive wounds treatment (if any). The above mentioned documents must by the Director or a person authorized to sign, the hospital's seal (the seal used in official transactions of hospitals under the provisions of the law on management and use of the seal. Hereinafter referred to as the seal of the hospital).
5. The paper proposed the visit of the assessment visit of village where the registered permanent residence or the Agency, the organization where the person examined is working.
Article 9. Examination and inspection records for cases of recurrent injuries 1. A key recommendation of the Department of labor, invalids and Social Affairs by the head of the signed and stamped. The recommendation must specify the object examined wound assessment and stating the recurrent injuries.
2. The text of the Ministry of labor, invalids and Social Affairs agrees to the object being examined wound assessment.
3. A copy of the certificate of injuries due to head the Department of Labor-Veterans and social Thươrng to sign and stamp the enclosed original A record excerpts.
4. A copy of the minutes of the GĐYK Board GĐYK examination has identified the national examination% TTCT due to injury, most recently headed the Department of labor, invalids and Social Affairs signed and stamped.
5. A summary of the paper or medical discharge after treatment of recurrent disability of the hospital district or equivalent online back-up, as leaders or the person authorized to sign, stamp of the hospital.
6. The paper proposed the visit of the assessment visit of village where the registered permanent residence or the Agency, the organization where the person examined is working.
Article 10. Examination by the examiner profile beyond the competence of the Board of medical examiners granted the province of 1. The text recommended by the assessment examination capabilities beyond the expertise of the Council of GĐYK, by the Chairman or Deputy Chairman of the Council signed and stamped with the seal of the Board.
2. GĐYK records as defined in one of the following articles: 6, 7, 8, or 9 of this circular line with each object.
3. With regard to the case of GĐYK provincial Council has examined the assessment for the object, then attach a copy of medical examination the examiner, by the Chairman or Deputy Chairman of the sign and the seal.
4. With respect to cases not yet examined, the examiner accompanied meeting minutes of the provincial Council of the GĐYK conclusions beyond professional ability.
Article 11. Synoptic assessment examination, quyet profile 1. Synoptic assessment examination, quyet records at the request of State administration including: a) the required documents visit the assessment of Examination administration blessings, healing, Health Ministry or Department of the Ministry of labour, people, invalids and Social Affairs;
b) GĐYK records as defined in one of the following articles: 6, 7, 8, 9 of this circular line with each object, enclose a copy of medical examination the examiner, by the Chairman or Deputy Chairman of the Council of GĐYK has the examiner for examination objects to sign and stamp.
2. examination the examiner profile welfare decision as suggested by the examiner examination subjects include: a) text examination the examiner suggested Gospel GĐYK of the who assessment for the object by the Chairman or Deputy Chairman GĐYK signed and stamped. The text stating the object does not agree with the conclusions of the Council and suggested the examination the examiner decided to Gospel, accompanied by the paper suggest the examination of objects;
b) GĐYK records as defined in one of the following articles: 6, 7, 8, 9 of this circular line with each object, enclose a copy of medical examination the examiner, by the Chairman or Deputy Chairman of the Council of GĐYK has the examiner for examination objects to sign and stamp.
Article 12. Profile visit last synoptic assessment 1. The Council decided to establish the examiner last synoptic examination of the Minister of health.
2. GĐYK records as defined in one of the following things: 7, 8, 9, 10 or 11 of this circular line with each object, enclose a copy of medical examination the examiner, by the Chairman or Deputy Chairman of the central level GĐYK has the examiner for examination objects to sign and stamp.
3. The minutes of the Board's GĐYK GĐYK the central level.
Chapter III ORDER, the EXAMINER article 13 EXAMINATION CONTENT. Medical examiners examination sequence 1. Receiving and processing the profile GĐYK the profile bases by the Department of labour, invalids and social HĐYK provincial Council or moving to a permanent body, the Council of GĐYK receive, examine records and make the file visit GĐYK.
2. The time limit for settling a) valid GĐYK profile cases as prescribed in this circular: GĐYK Council levels to perform the examination the examiner for the subject and issued the report the examiner in time not exceeding 30 days from the date of the application.
Case examination the examiner last Gospel, the GĐYK Board to perform medical examination the examiner for the subject and examiner report issued in time not exceeding 30 days from the date of the decision to establish the Council visit last blessings of the Minister of health.
b) case GĐYK profile is invalid under the provisions of this circular shall within 5 working days from the date of the application, the Agency Council GĐYK GĐYK returned to the Agency introduced the examiner examined objects attached to the reply text and stating the reason.
c) cases beyond the professional ability of the GĐYK provincial Council:-records examination base assessment of the object and conditions of GĐYK provincial Council, a permanent agency to report the Chairman held a meeting to conclude about the exceedingly professional ability (meeting minutes). The composition of the meeting of the Council at least the following members: Chairman and/or Vice-Chairman GĐYK Council, Vice Chairman of the Standing Committee, the expertise, professional member. During 10 working days from the date of receiving documents under the provisions of this circular, permanent agencies must improve, transfer records and introduced the object up to the central level GĐYK Council to visit the assessment;
-GĐYK provincial Council case was examined and the examiner concluded beyond professional ability then during 10 working days from the date of the meeting of the Council, the Council must improve, transfer records and introduced the object up to the central level GĐYK Council to judge.
d) case management treatment, Local Department of health or the Ministry of labour, people, invalids and Social Affairs did not agree with the conclusions of the Council of provincial GĐYK the Council proposal in writing to the central level examination GĐYK judge Jason deal, and requested the Council of provincial GĐYK to transfer the examiner to visit profile GĐYK central-level Council.
During 10 working days from the date of receiving the written request, the Board of the provincial GĐYK the examiner who examined records of transfer objects to the GĐYK Council of the central level to visit welfare assessment.
object case) examination the examiner does not agree with the conclusions of the Council of the provincial or central GĐYK, then in time of 90 days from the date issued GĐYK thereon, the subject is the recommended paper examination the examiner sent the Council took place GĐYK the assessment for the object. So the above time limit, the Council did not consider GĐYK.
During 10 working days from the date of proposal paper objects, the Council GĐYK the examiner for examination were responsible for audiences consider, resolve and respond to the object. If the object still do not agree, then the above GĐYK Council, moved the profile and introduce the object up to the central level GĐYK Council to visit welfare assessment.
If the object examination the examiner does not agree with the conclusions of the Council of the Central GĐYK then send paper proposals to the Department of management treatment. During the period of 20 working days from receipt of proposal paper objects, examination and treatment Department Manager is responsible for reporting to the Minister of health to review the examination the examiner last blessings.
3. The sequence of the examination GĐYK a) physical examinations: physician GĐYK Council authority was assigned to perform physical examinations and specify the specialty clinics, clinical approach.
b) Specialty Clinic: specialist assessor perform examination and conclusions about the content that the Permanent Council of the GĐYK Agency.
c) expert consultations: GĐYK Council made before the Board meeting. Where necessary, the Agency GĐYK Council invited the appraiser specialists participate in the presence of the object assessment examination.
d GĐYK Council) meeting:-the Chairman or Deputy Chairman of the Council GĐYK preside as assigned by the President of the Council of GĐYK. The number of members of the Board GĐYK meeting attendees must ensure there are too few members of the Board (named in the decision establishing the Council or appointed or elected person text of authority), which must have at least two professional members and one Member representing the labour sector, invalids and society;
-Conclusions of the Council of GĐYK to ensure consensus of half of the members attending the session of the Council. The case does not have sufficient consensus of half of the members attending the Council session chaired the session need to specify additional treatment clinics to help the Council conclusions; or if not eligible then the conclusions submitted to the Council of GĐYK authority and stating the conclusions are beyond professional ability;
-Conclusions of the Council of GĐYK is issued in the form of report GĐYK (3 a) form 1 attached to this circular. GĐYK Council bodies responsible for release of report GĐYK.
DD) Transfer report GĐYK: transfer and GĐYK Council archive report GĐYK as follows: 1 a of the Department of LĐTBXH;
-01 to examiner examination object;
-01 Archives Council Agency at GĐYK.

The examiner for examination case the object prescribed in article 10 of this circular, then add 1 a send on GĐYK Council granted the province introduced the audience to go visit the assessment. The examiner for examination case the object prescribed in article 11 of this circular, then add 1 a sending State Management Agency requested the examination and assessment Council of GĐYK has 1st visit evaluation for object.
e) profile visit GĐYK, archived at GĐYK Council bodies in accordance with the law on archives.
Article 14. Medical examiners examination content 1. For the object specified in paragraph 1, paragraph 3 article 3 to this circular: GĐYK Council was just right, enough wounds were recorded in the certificate of the injured by the Department of labor, invalids and Social Affairs, and moved to define literacy rate% current regulations TTCT.
2. With respect to the object prescribed in clause 2, Clause 5 of article 3 of this circular: GĐYK examination Council examination all the injuries recorded in the certificate of injured or A disability profile excerpts by the Department of labour, invalids and Social Affairs, and moved to determine the rate% current regulations TTCT.
3. for the object specified in paragraph 4 of article 3 of this circular: GĐYK Council only was true enough the wound remains recorded in the certificate of the hurt, the recommendation of the Department of labor, invalids and Social Affairs and to determine the rate% current regulations TTCT.
Article 15. Aggregate method percentage hurt the body 1. Principle of determining the rate of% TTCT is performed as specified in circular No. 28/2013/TTLT-BYT-BLDTBXH DATED September 27th, 2013 the Ministry of health, Ministry of labour, invalids and Social Affairs regulating the rate of injury to the body caused by injury, disease, illness, and disease (hereinafter abbreviated as circular No. 28/2013/TTLT-BYT-BLDTBXH).
2. for the object specified in paragraph 3, paragraph 4 of article 3 of this circular, when the general rate% rate it% TTCT TTCT of additional wounds, or wounds left (take lowest rate of% in the corresponding frame rate) plus the rate% TTCT was identified (by the method specified in circular No. 28/2013/TTLT-BYT-BLDTBXH).
Article 16. Visit the assessment and resolution modes for wounded soldiers simultaneously infected by related to exposure to chemical toxins 1. The case was the object of today's visit to wounded soldiers expertise body damage rate due to illness related to exposure to chemical toxins in the recommendation of the Department of labor, invalids and Social Affairs must specify object invalids voucher at any rate (rate% by TTCT injury).
2. If the object is already wounded TTCT rate from 80% or more, now be GĐYK Council conclusions trapped one of the diseases in the list of diseases, disabilities related to exposure to chemical toxins (in this case the Board failed to determine the rate of GĐYK% of the TTCT due to disease, disability), then enjoy an additional monthly allowance for active people infected chemical poison resistance learning at TTCT from 41% to 60%.
3. If the object is wounded have TTCT rate from 21% to 79%, GĐYK Council conclusions today are trapped in one of the diseases in the list of diseases, disabilities related to exposure to chemical toxins, then the audience enjoy more monthly for the resistance activities were infected due to chemical toxins , challenged that correlate the level of injury to the body to which the GĐYK Board has concluded.
Article 17. Medical examiners examination fee 1. Medical examiners examination fee for the objects specified in article 3 to this circular by the State budget to pay in accordance with circular No. 93/2012/TT-BTC on 5th June 2012 of the Ministry of Finance regulates the level of currency, currency, payment, management and use of medical inspection fee.
2. where the Council of provincial GĐYK not visit expertise that only the receptive audience profile, moving up to the central level GĐYK Council to visit the assessment by the expert capabilities beyond the GĐYK provincial Council does not charge GĐYK.
3. in case of inspection, examination, quyet welfare clinics Akinsanya last as proposed by individuals, the paying GĐYK as follows: a) If the examination results examination, quyet blessings, visit the last Gospel as suggested by individual (TTCT is adjusted rate increased in comparison with the results of that inspection visit enquiries object) then the GĐYK fee by the Department of labour, invalids and social the society paid.
b) If the examination results examination, quyet, examination, quyet blessings blessings not right with my personal recommendation (TTCT rate retained or adjusted decrease in comparison with the results of that inspection visit enquiries object) then the GĐYK fee due to the proposed personal expenses.
Chapter IV IMPLEMENTATION Article 18. Responsibility 1. The Ministry of Health Affairs Management Bureau Visit, healing, direction instructions, check the Health Department of the province, central cities, health ministries, the Council of GĐYK levels implemented in accordance with the provisions of this circular.
2. The Ministry of labour, invalids and Social Affairs, the Bureau of the steering people instructions, check out the Department of labor, invalids and Social Affairs of the province, the city of centrally implemented as prescribed in this circular.
3. The Ministry of public security and the Ministry of defence pursuant to the provisions of this circular to steer, guide and implement assessment examination for objects under the administration of the Ministry of public security, the Ministry of defence.
Article 19. Transitional provisions cases the reference text in this circular are replaced or modified, supplemented the following replacement text or modify, supplement it.
Article 20. Effect 1. This circular has effect from January 2, 2015.
Since the day this circular effect, abolish the point c paragraph 1 article 31 circular No. 05/2013/TT-BLDTBXH dated 15 may 2013 of the Ministry of labor, invalids and Social Affairs guidance on procedures, records management, implement preferential regime with revolutionary people and relatives.
2. During the implementation process, if there are difficulties and obstacles, the Agency, organization, personal reflections on the Ministry of health, Ministry of labour, invalids and Social Affairs to consider resolution./.