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Decree 28/2012/nd-Cp: Detailing And Guiding The Implementation Of Some Articles Of The Law On People With Disabilities

Original Language Title: Nghị định 28/2012/NĐ-CP: Quy định chi tiết và hướng dẫn thi hành một số điều của Luật Người khuyết tật

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THE GOVERNMENT.
Numbers: 28 /2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 10, 2012

DECREE

Detailed rules and guidelines that enforce certain provisions of the Law of Disabled Persons

__________________________

Government Law Base December 25, 2001;

Disability Law Base June 17, 2010;

At the suggestion of the Minister of Labour-Trade and Social Affairs;

The government enacted a regulatory regulatory regulation and guidelines that enforce certain provisions of the Law of Disabled Persons,

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

The decree details certain provisions of the Law of Persons with Disabilities, the degree of disability and the determination of the degree of disability; the social policy of helping people with disabilities; scientific research, expert training, technician, page production, and more. equipment for persons with disabilities; the allowance and policy of incentives for the teacher, the management of education management, employees supporting the education of people with disabilities; employment for persons with disabilities; discounted fares, service prices; perform process renovation work. public; social media access; social protection; establishment, operation, dissolution of the handicapped facility.

What? 2. Shape

1. Disability of movement is a reduced state or loss of movement function, neck, legs, arms, and body, which leads to restrictions in movement, movement.

2. Disability to hear, speak as a reduced condition or loss of listening function, speaking or both listening and speaking, pronounced pronounced and clear sentences that lead to restriction in communication, exchange of information by word.

3. Disability of vision is reduced or disability to see and feel light, color, images, objects in light conditions and normal environments.

4. Neuromuscular dystrophy, psychosis is the state of sentimentality, memory, emotion, control of behavior, thoughts and expressions of speech, unusual behavior.

5. intellectual disability is a reduced or disability of consciousness, a mindset expressed by slow or unthinkable, the analysis of things, phenomena, and interpretation.

6. Other disability is the reduced or loss of body functions that make labor, living, learning difficulties without being defined in the 1, 2, 3, 4, and 5 Articles.

What? 3. disability level

1. People with a particularly severe disability are people due to disability that leads to a complete loss of function, not self-control or not self-fulfilling activities, wearing clothing, personal hygiene and other things that serve the needs of personal life. We need someone to watch, help, take care of it.

2. People with severe disabilities are people with disabilities resulting in partial loss or impairment of function, failure to control themselves or not self-control some travel, clothing, personal hygiene and other things that serve the needs of personal life. Every day you need someone to watch, help, take care of.

3. The mild disability is that the disabled are not in the prescribed case at Clause 1 and Clause 2 This.

What? 4. Define the degree of disability

1. The council determines the degree of base disability in regulation at Article 2, Article 3 of this decree and direct observation of persons with disabilities through a simple operation that serves the need for daily personal life, using the questioner according to the health care criteria. Other, social, social, and other methods are defined to determine the degree of disability, except for the specified case in Clause 2 and Clause 3 This.

2. The medical examiner's council identifies, conclusions about the disability and the degree of disability for the specified case at paragraph 2 Article 15 The Law of Disabled Persons.

3. People with disabilities who have had the medical examiner 's conclusions on the ability to self-serve, the level of labor impairment prior to this Decree date in effect, the Council determines the degree of disability the medical examiner' s conclusion to determine. The level of disability is as follows:

a) The disability is particularly severe when the medical examiner ' s board concluded no longer the capacity to self-serve or deduce labor capacity from 81% or more;

b) People with severe disabilities are found to be able to self-serve as a self-serving if someone, the means of aid in part or impairment of labor capacity from 61% to 80%;

c) The person with a mild disability when being concluded by the Medical Board of Medicine has the ability to self-serve or deduce labor capacity under 61%.

4. Case of the medical examiner ' s text prior to this Decree effective conclusion of the possibility of self-service, the degree of labor impairment, the Council determines the degree of disability that does determine the level of disability for the person. It ' s a disability that ' s defined by this one thing.

5. State budgets guarantee the cost of determining the degree of disability and issuing a Certificate of Disability In A State Budget Management Hierarchy.

6. Ministry of Finance, Ministry of Labor-Trade and Social Guide to the Regulatory Funding at paragraph 5 This.

What? 5. Social policy to help people with disabilities

1. Organization, individuals who invest in the construction of orthopeos, rehabilitation, care, education, vocational education, job creation or other service provision facilities help people with disabilities to be entitled to the policy under the law of the policy of social incentives. convertiate for activities in the field of education, vocational education, health, culture, sports, environment.

2. Minister of Labor-Trade and Social Affairs Prime Minister for the type, criteria, scale, standards of orthopetic, rehabilitation facility, disability care facility, job creation and other service supply facilities help people with disabilities. It ' s a different kind of thing.

What? 6. Scientific research, expert training, technician, production of equipment for people with disabilities, and training.

1. The Agency, the organization of scientific research on persons with disabilities, specialist training, orthopeology, rehabilitation, rehabilitation, and rehabilitation of the state in accordance with the laws of the state budget.

The Ministry of Science and Technology, the Ministry of Labor-Trade and Society directed the implementation of this.

2. The basis of manufacturing equipment, vehicles, rehabilitation equipment, living assistance, learning and labor for persons with disabilities is borrowed capital with preferable interest rates from the Social Policy Bank under the rule of law.

3. Ministry of Labor-Trade and Social Affairs The Prime Minister provides for the preferable interest rate loan to the specified object at clause 2 This.

What? 7. Appendix, preferable policy toward the teacher, the education management officer, staff support for educating people with disabilities.

1. The following subjects enjoy the prescribed preferable policy at the Digital Protocol. 61 /2006/NĐ-CP June 20, 2006 of the Government on Policy of the Teacher, the executive management of the education management in the specialized school, in the region with economic-social conditions are particularly difficult:

a) The teacher, the head of education management directly teaching, manages people with disabilities in a specialized way of education in a specialized educational basis, the center of support for the development of educational education;

b) The direct educator teaches people with disabilities in a specialized form of education in educational institutions that are not of this a single point.

2. The teacher directly instructs people with disabilities in accordance with non-regulation educational education at Clause 1 This is entitled to an advantage as follows:

Disability Teaching Privileges

=

The teacher's monthly salary.

x

0.2

x

The total number of hours the actual teaching in the class has people with disabilities

3. Ministry of Education and Training, Ministry of Internal Affairs, Ministry of Finance stipulated as a career title, policy towards employees supporting the education of persons with disabilities in educational institutions and centers supporting the development of educational education.

Chapter II

MAKING PEOPLE WITH DISABILITIES

What? 8. To encourage people with disabilities to create jobs, households to create jobs for people with disabilities

1. People with self-employment disabilities, households creating jobs for people with disabilities to enjoy the following policy:

a) Loan capital with preferable interest rates to produce business from the Bank of Social Policy. Conditions, deadages and loan capital levels follow the applicable current regulations imposed on the employment of capital settlement projects;

b) The Guide to Business Production, which supports the transfer of manufacturing technology, supports product consumption.

2. The people ' s committee within the scope of the mandate, its powers are responsible for presiding, coordination with agencies, organizations and individuals involved in the guidance of business production, technology transfer, product consumption support made by people with disabilities. Go.

What? 9. The manufacturing facility, business uses from 30% of the total number of workers becoming disabled.

1. The manufacturing facility, the business of use from 30% of the total number of people becoming disabled by the Article 34 of the Disabled People's Law, is entitled to the following preferable policies:

a) Support for the funding of facilitation, the working environment suitable for persons with disabilities by the regulation of the Ministry of Labor-Trade and Society. The level of support according to the percentage of disabled people working stable at the manufacturing facility, business, the level of disability of the worker and the size of the manufacturing base, business under the Prime Minister ' s regulations.

The chairman of the Provincial People's Committee, the Central Committee of the Central Committee (later known as the Provincial People's Committee) decided the funding for facilitalization of the conditions, the environment working for the manufacturing facility, the business used by 30% of the total number of workers. people with disabilities;

b) Free the corporate income tax in accordance with the statute of taxes;

c) Loan is preferable to the development of business production development from the Social Policy Bank. The loan conditions, the loan period, the loan level and the rate of borrowing made by the current regulatory regulation imposed on the capital loan settlement project;

d) The priority of the land, the face, the water, according to the rule of the law;

As long as the rent of land, on the face, the water serves to produce business to the manufacturing facility, the business employs from 70% of the labor as the disabled. Down by 50% of the land lease, on the face, the water side serves business production on the manufacturing facility, the business employs from 30% to less than 70% of the labor as a disability.

During the free period, reduced land rent, face, water, production base, unconverted business, transfer, giving, giving, lease rights to land, face, water; no mortgage, hold, bail, venture capital, venture capital, federal capital. In terms of the right to use the land, the surface, the water, according to the laws of the land.

2. The Ministry of Labor-Trade and Social Affairs The Prime Minister provides the category, the criteria for determining the production base, business, the level of funding the regulation stipulated at Point a and Point 1 This Article.

3. The Ministry of Labor-Trade and Social Affairs instructs the determination of the labor rate as a disability; the procedure, procedure, profile for the basis of production, the business employs from 30% of the labor becomes the disability that is preferable to the regulation at Clause 1 This Article.

What? 10. Recommend agency, organization, business recipient of disabled people to work

1. The business employs from 10 people with a stable working disability is entitled to the policy of incentives specified at Point A and Point 1 Article 9 This Protocol.

2. The administrative body, the career unit employing from 10 people with disabilities working stable, is entitled to the policy of regulation at the point of 1 Article 9 This Protocol.

Chapter III

AS LONG AS TICKET DISCOUNTS, SERVICE PRICES, IMPLEMENT THE PROCESS IMPROVEMENT PROCESS

PUBLIC TRANSPORT, PUBLIC TRANSPORT

What? 11. As long as ticket discounts, cultural, sports, entertainment and tourism prices

1. People with exceptional special disabilities are exempt from ticket prices, service prices when directly using cultural, sports, entertainment, and tourism services at the following cultural, sporting facilities:

a) Museum, cultural heritage-history, library and exhibition; and more.

b) Theatre, movie theater;

c) The sports facilities when taking place in fitness activities, sports in water;

d) Other cultural, sports, entertainment, and tourism facilities.

2. People with severe disabilities are reduced to a minimum of 50% of ticket prices, service prices when direct use of cultural, sports, entertainment, and tourism services at the cultural, regulatory facilities at Clause 1 This.

3. Cultural, sports, entertainment and tourism facilities release discounted tickets for people with disabilities. To be exempt, discount fares, service prices, people with disabilities need to publish a disability certificate.

4. Ministry of Culture, Sports and Tourism, in collaboration with the Ministry, the relevant industry that performs this.

5. Specific Regulatory Base, Minister of ministries, Ministers of Industry, Central Committee, Chairman of the Provincial People ' s Commission determines the price of a ticket, the service price under management jurisdiction but not below the stipulation rate at Clause 2 This.

What? 12. As long as ticket discounts, public transport service prices

1. People with a particularly heavy disability, people with severe disabilities are exempt from ticket prices, service prices when engaging in traffic by bus.

2. People with a particularly heavy disability, people with severe disabilities are discounted fares, service prices when engaging in traffic on the domestic transport routes by the following means:

a) A 15% minimum reduction for aircraft;

b) Reduced a minimum of 25% for trains, trains, ships, vehicle transport cars by fixed lines.

3. Public transport units release discounted tickets for people with disabilities. To be exempt, discount service ticket prices, people with disabilities need the Certificate of Disability Identification.

What? 13. Implemenation of the apartment renovation program, public works

1. The ministries, peer agencies, government agencies, the People ' s Committees, organizations and individuals who own, manage, exploit the use of the work are the work headquarters of the state agency; the terminal, the terminal, the dock; the medical examination facility, the treatment facility; the education facility, teaching profession; cultural work, sports; condomiers; engineering infrastructure work, other social infrastructure work-responsible for sweeping, planning and conditioning of conditions to make improvements in terms of access to people with disabilities. The following:

a) As of 2015 at least 50% of the work is the headquarters of the state agency; the terminal, the terminal, the dock; the clinic, the treatment facility; the institution of education, vocational education; cultural work, sports; and the apartment building, and the condomiers guarantee access to people. disability;

b) As of 2017 there are at least 75% of the working headquarters of the state agency; the terminal, the terminal, the dock; the basis of the disease, healing; educational institutions, vocational institutions; cultural works, sports, sports; and the condomiers.

c) As of January 1, 2020 all the working headquarters of the state agency; the terminal, the terminal, the dock; the basis of the disease, healing facilities; educational institutions, vocational facilities; cultural works, sports, sports, sports; and the condomiers. It was

d) As of 1 January 2025, all work headquarters; condomiers; technical infrastructure work, other social infrastructure that have not yet specified at points a, b and c 1 This must ensure access to persons with disabilities.

2. The cost of implementing the regulation at Article 1 This is due to the agency, organization, individual who owns, manages, operates using the self-deployment, the field mobiles.

3. The Ministry of Labor-Trade and Social Affairs, Ministry of Construction and ministries, the concerned sector, statistical assessment of the state of the apartment; public works have not yet secured access to persons with disabilities in each type of work, direction of direction. In France, the surveillance index reviews the implementation of public works reclamation.

What? 14. Approach transport

1. The unit participating in the public transport by bus, train must build a project, equip, renovate public transport, ensuring the technical standard of access to transport on the shipping lines by the following rates:

a) Assuring the rate of bus to meet the technical standard of access to access by period to 2015, 2020 and 2025 according to the provisions of the Provincial People ' s Commission;

b) As of 2015 there is at least one car in the North-South federal passenger train that ensures access to access to traffic; by 2020 there is at least one car in the passenger train on all the way to secure the technical standard of communication. Traffic.

2. The public transport participation unit is responsible for the deployment of equipment, tools and staff to assist passengers who are disabled, down to convenient transport. The aid method must be notified at the stations, berths, paying passengers in the visible places.

3. The cost of making regulations at Clause 1 and Clause 2 This is due to the agency, organization, individual possession, security extraction. The Ministry of Transport presided over, in coordination with the Ministry, the Prime Minister's relevant government that regulates the policy to support capital loan interest to the investment business, to improve the means of transportation assurance of technical regulation of access to access.

4. The public transport participation unit is responsible for sweeping, statistical assessment of the state of public transport that has not yet secured the technical standard of access to access; construction of equipment planning, renovation of public transport warrants of public transport. The technical standard of communication is in charge of your management responsibilities.

Chapter IV

SOCIAL PROTECTION

What? 15. The standard of identifying social allowable levels, the level of monthly care support and the monthly pension allowance level.

1. The monthly level of social allowable, monthly care support, the level of monthly foster care for persons with disabilities is calculated according to the level of social grant for social protection subject to the Government 's provisions under the Government' s regulatory coefficient. These are the Articles 16, 17, and 18.

2. Specific conditions, ministers of ministries, heads of sectors, organizations in the Central Committee (with a facility of handicapped people), the Chair of the Provincial People ' s Committee stipulated monthly social allowability levels, the level of monthly care support, and the government. Monthly pension allowance, burial costs support, the level of funding of people with disabilities is particularly heavy on the basis of social protection under the governing jurisdiction, but no lower than the corresponding levels stipulated at this decree.

What? 16. The monthly social pension rating, the level of supporting the burial costs.

1. The monthly social pension rating for people with disabilities living in the household is regulated as follows:

a) System two (2, 0) for people with a particularly severe disability;

b) The two-comma (2, 5) system for people with a particularly severe disability is the elderly, who are particularly severely disabled as children;

c) The number one comma five (1, 5) for the severely disabled;

d) The second coefficient (2, 0) for the severe handicapped is the elderly, the severe disability is children.

2. The disabled case of the disability of different coefficiers specified in Clause 1 This only enjoys the highest coefficient.

3. People with disabilities rules at Clause 1 This is being entitled to a monthly social grant, when death is supported by burial costs by burial support for social protection subjects. Where people with disabilities are part of a different level of burial costs, they only enjoy the highest level.

What? 17. The digital system supports monthly care funding.

1. The rating system supports monthly care funding for people with particularly severe disabilities, who are seriously disabled who are pregnant or raising their children under 36 months of age are prescribed as follows:

a) The number one comma (1, 5) for a particularly severe disability, who is severely disabled are pregnant or raised a child under 36 months of age;

b) The second system (2, 0) for a particularly severe disability, who with severe disabilities is pregnant and raised children under 36 months of age;

c) The second coefficient (2, 0) for a particularly severe disability, who with severe disabilities is growing from two children under 36 months of age;

d) The case of disabled persons in the area of different coefficiers specified at the point a, point b and point c 1 This is only to enjoy the highest number of coefficiers;

The case of both a wife and a husband is a person with a disability that supports a monthly allowance of care at Clause 1 This is only entitled to a yield of regulatory funding at the point a, point b, and Point 1 This Article.

2. The case of a particularly severe disability, the severely disabled person who is enjoying a prescribed social grant at Clause 1 Article 16 but pregnant or raising children under 36 months of age is still entitled to the funding of regulatory assistance at Clause 1 Article. Hey.

3. Housekeeping is directly feeding, caring for people with particular disabilities is entitled to a single-factor care support (1, 0).

4. The conditional response stipulated at Article 19 of this Decree for adoption, taking care of the severely disabled disabled person who is given the care funding with the prescribed coefficient system as follows:

a) The number one comma year (1, 5) for the event of foster care, care for a particularly severe disability;

b) The third system (3, 0) for the case of foster care, care from two people with particular disabilities weighs up.

What? 18. The number of monthly foster pension rates and high rates of patient care are particularly heavy, not self-aware of life being adopted into foster care.

The state of funding to provide social protection for people with a particularly heavy disability, not self-anxiety, is in the following rules:

1. The monthly pension allowance system is three (3, 0); the case of a particularly severe disability is that children or persons with a particularly severe disability are elderly, and the number of allowable levels is four (4, 0).

2. The level of support for the purchase of health insurance cards under the law of health insurance legislation.

3. The burial level when dying is equal to the amount of burial that applies to social protection subjects in the social protection facility.

4. Support for private shopping, serving as a daily life; purchase of regular medical treatment and monthly personal hygiene to women in accordance with the provisions of the Ministry of Labor-Trade and Social Affairs.

What? 19. Conditions for the recipient of foster care, care for people with special disabilities

The recipient of foster care, the intensive care of people with severe disabilities must meet the following conditions:

1. There is a stable and non-poor accommodation.

2. There is health to take care of people with disabilities.

3. There is full civilian behavior capacity.

4. Good ethical qualities, no social and non-subject matter being prosecuted for criminal responsibility or have been sentenced without being cleared of the case.

5. There is skill to take care of people with disabilities.

What? 20. The profile offers social grants, support for the monthly care funding.

1. Social subsidy offers include:

a) The testimony of persons with disabilities by the prescribed form of the Ministry of Labor-Trade and Society;

b) Copy the certificate of disability;

c) The copy of the household;

d) A copy of the birth certificate or the proof of the people;

The decision-making copy of the disability care facility on the transfer of family disabilities to the case is living in a social protection facility;

e) The certificate is pregnant with the basis of the medical examination, the medical procedure prescribed by the Ministry of Health, a copy of the child's birth certificate under 36 months for the pregnancy, raising the child under 36 months of age.

2. The profile offers to support the care funding for the family with a particularly severe disability including:

a) The affidavit of household information under the provisions of the Ministry of Labor-Trade and Social Affairs;

b) Copy the certificate of disability;

c) The copy of the household;

d) The testimony of persons with disabilities by the prescribed form of the Ministry of Labor-Trade and Society for the case of a disability who has not yet enjoyed a social grant or a copy of the decision to inherit the social grant of persons with disabilities to the case. People with disabilities are in social support.

3. The profile offers to support the care funding for the foster recipient, taking care of the special special disability including:

a) The application of the foster recipient, the recipient of the recipient of the recipient of the Social People ' s Committee, the ward, the town (later known as the township level) in terms of qualifying for foster care, prescribed care at Article 19 This decree;

b) The affidavit of foster care, care according to the prescribed pattern of the Ministry of Labor and Social Affairs;

c) The copy of the household and the proof of the people of the foster care, care;

d) The testimony of persons with disabilities by the prescribed form of the Ministry of Labor-Trade and Society;

The copy of the household of the disabled, if any;

e) The paper copy validation defects;

g) The copy of the decision to subsidive the monthly social grant of persons with disabilities to the case of a disabled person is enjoying a social grant.

4. The record supports the care funding for people with disabilities who are pregnant or raising children under 36 months of age according to the following regulations:

a) The case of a disabled person who has not yet enjoyed a social grant, the prescribed record at this One Article;

b) The case of people with disabilities is enjoying a monthly social grant, records include: A copy of the monthly Social Allowance Decision; The Certificate is pregnant with the basis of the examination facility, the prescribed treatment under the Ministry of Health, a copy of the certificate. Your birth is under 36 months old.

What? 21. The procedure of performing social subsidies, supporting the monthly care funding.

1. The procedure of implementing a social grant, which supports the care funding is regulated as follows:

a) To enjoy a social grant, to support the funding of care, the person offering to grant or support the funding of care as a prescribed case at Article 20 of this decree sent to the People's Committee;

b) In the 15-day period, since the date of a valid date of approval, the Council for Social Security review, the ward, the town (later known as the Social Pension Review Council) the meeting, the review of the object profile and publicly listed are concluded at the Commission headquarters. The people of the people, and they ' ve been informed in the news media over the course of the 07-day period.

At the end of the public listing, if no question is concerned, the complaint, the Council of Social Aid review adds to the editorial board meeting the Social Security Committee on the profile of the subject, and the Chairman of the People's Committee of the People's Committee. Chamber of Labor-Trade and Social Affairs for consideration, settlement.

In the case of a complaint, the citizen ' s denouncing, on the 10-day period, the Social Aid review board conducted verification, interrogation, specific conclusions, publicly before the people and had the editorial text of the Social Aid review board to replenel the party. The profile of the object.

c) In the period of the 7 working days, since the day, receiving enough of the recommended record of the Chairperson of the Social People 's Committee, the Chamber of Labor and Social Affairs has the responsibility of appraisal, the Chairman of the District People' s Committee, the district, the town, the province (the following) Collectively, the general district is decided or informed by the Social People's Committee on the grounds of not being socially subsidizated or supportive of the funding of care;

d) During the 3-day period of work, the Chairman of the District People's Committee is in charge of reviewing and signing the Social Allowance Decision or supporting the funding of care.

2. The case of disabled people is enjoying a social grant, which supports the prescribed care funding at the Digital Protocol. 67 /2007/NĐ-CP April 13, 2007 of the Government on Social Assistance Policy to Social Security and Numerical Decree for Social Security. 13 /2010/NĐ-CP February 27, 2010 by the Government on the amendment, adding some of the provisions of the Digital Protocol 67 /2007/NĐ-CP On April 13, 2007, the Government's policy on social assistance to social protection, the People's Committee to review and report the Chamber of Labor-Trade and Social Committee of the District People's Committee decided to follow the corresponding levels. regulation at this decree, since the date of this decree is valid.

3. The procedure of adjustment, which benefits social subsidies, supports the care funding that is regulated as follows:

a) When there is a change in terms of social-level benefits, care funding support, the Social Aid review Council guidelines the additional subject of filing, review, conclusion, and presentation of the Committee of the People's Social People's Committee, to send the Chamber of Labor-Commerce. and Society;

b) In the period of 7 working days, since the date of the text of the Chair of the Committee on the Social People's Committee, the Chamber of Labor and Social Affairs is responsible for review and the Chair of the District People's Committee decides to adjust or grant a social grant. the assembly, which supports the funding of care;

c) In the 3-day period of work, the Chairman of the District People ' s Committee is responsible for review and signing the regulation of adjustment or the benefit of social subsidies, supporting the funding of care;

d) The adjusted period of social support, the funding of care funding from the month after month the Chairperson of the District People's Committee signed a regulatory decision to regulate social benefits, support for the funding of care.

4. The procedure performs social subsidies, when the subject changes where the residence is specified as follows:

a) When the subject is in a social grant, support for the funding of care moved elsewhere and has a petition to stop receiving social grants, support for the funding of care in the former residence and offer to receive a new residence, the Chamber of Labor-Trade and Social Security. The society is responsible for the chairperson of the District People 's Committee where the former residence decides to enjoy the grant, support for the funding of care and the introduction to the district-level People' s Committee where the new residence of the object, submitted with the filing of its grant. subject;

b) In the 7-day period of work, since the date of receiving enough records and referrages, the Chamber of Labor and Social Affairs where the new residence is responsible for consideration and the Chair of the District People ' s Committee decided to enjoy social grant, support for care. It ' s the local equivalent of squirts.

c) The time of social grant, the funding of care funding at the new residence from the next month of the month of the grant, supports the funding of the care in the decision to help the social grant, support for the care of the President of the People's Committee. the former residence of the object.

5. The Ministry of Labor-Trade and Social Affairs regulates the establishment, the activities of the Social Aid review Council.

What? 22. Records, procedures for burial expenses

1. The report supports burial costs including:

a) The application of the family, the individual, the agency, the unit, the organization stands out the burial organization for the disabled;

b) The copy of the certificate of the disabled.

2. The procedure supports the specified burial costs as follows:

a) Family, personal, organ, unit, burial organization for persons with disabilities as provisions of Article 1 This is sent to the People's Committee;

b) During the 3-day period of work, since the date of receiving sufficient valid records at Clause 1 This article, the Social People's Committee has the text of the proposal to accompany the filing of the Chamber of Labor and Social Services;

c) During the 2-day period of work, since the adoption of the text of the Social People's Committee, the Chamber of Labor and Social Affairs is considering, the Chairman of the District People's Committee issued a decision to support the cost of burial.

What? 23. Records, procedures, receptions of people with disabilities are particularly heavy in foster care in the social protection facility.

1. The filing of receiving a special disability is particularly heavy on foster care in the social protection facility:

a) The offer of persons with disabilities or families, relatives, guardians of persons with disabilities;

b) The declaration of information by persons with disabilities by the prescribed form of the Ministry of Labor and Social Affairs;

c) The rationing of the disability of the recipient of the Social People's Committee;

d) A copy of the Certificate of Disabilities;

copy of the window;

e) The copy of the birth certificate or the proof of the people;

g) The editorial of the Social Aid review Council and the proposed text of the Chairperson of the People's Committee;

h) The proposed text of the Chairman of the District People ' s Committee sends the agency to manage the social protection facility;

i) The decision of the chief of the governing body;

l) The documents, the relevant documents, if any.

2. The procedure of receiving people with disabilities into foster care in the social protection facility is carried out by the Government ' s regulation on the adoption procedure, taking care of the social protection object.

3. The authority to take on, bringing people with a particularly heavy disability in foster care at the family is regulated as follows:

a) The head of the agency ' s agency for social protection decided to bring people with special special disabilities into the social protection facility;

b) The head of the social protection facility decides to bring people with disabilities eligible to live in the family;

c) The Ministry of Labor-Trade and Social Affairs rules on the conditions to bring people with disabilities and care in the social protection facility living in the family.

Chapter V.

ESTABLISHMENT, OPERATION, AND DISSOLUTION OF THE DISABLED PERSONS FACILITY

What? 24. Founded, operates, dissolving the disability care facility.

1. The established conditions, the organization of activities and the dissolution of the social protection facility stipulated at the Point A 2 Article 57 Laws of persons with disabilities follow the Government's provisions on the basis of social protection.

2. The establishment, operation and dissolution of the disability care facility stipulated at the points b, c, and d 2 Article 47 The Law of Disabled by law on the type of organization.

3. The disability care facility stipulated at Clause 2 This is only allowed to operate as a person with disabilities after being granted a license to grant a disability license to the care of persons with disabilities.

What? 25. The licensing issue of the activities of disability care

The disability care facility is granted a licensed disability care license when there is sufficient following the following conditions:

1. Be established legally under the rule of law.

2. The head of the facility must have full civic conduct capacity; there is good moral dignity, no social and non-subject matter being prosecuted for criminal responsibility or have been convicted without deleting the case;

3. There is a direct staffer, taking care of the disabled response to the regulation at Article 26 of this decree;

4. The case of a disability care facility that has people with disabilities, in addition to regulatory conditions at Clause 1, Clause 2, and Section 3 This has to ensure environmental conditions, facilities, care standards, regulation of regulation. of the Government of Social Protection.

What? 26. Direct employee care for people with disabilities

The direct worker who takes care of the disabled must ensure the following conditions:

1. There is health to take care of people with disabilities.

2. There is full civilian behavior capacity.

3. There is good moral dignity, no social and non-subject matter who has been either sentenced to criminal responsibility or has been convicted without being cleared of the case.

4. There are skills to take care of people with disabilities.

What? 27. Disabled Care License.

1. The disability care license has the following main content:

a) The base name, headquarters address, telephone number, fax number;

b) They and the name of the head of the facility;

c) The scope, the supply service content of the facility.

2. When changing the name, the headquarters address, the head, the scope, the service content must be the procedure to recommend the license adjustment; the case changes the organizational form, split, split, merge, the merger must make the procedure to offer a license level.

3. When the operating permit is taken care of the disabled, damaged, the facility must offer to be granted a license again.

What? 28. Court of authority, suspension, recovery of permits for disabled people with disabilities

1. The Department of Labor-Trade and Social Affairs grant the activity of persons with disabilities to the following cases:

a) The local institution, the peer-based agency, the government agency, the central body of the political-social organization, the social organization-the profession that has the headquarters of the facility for the care of the disabled persons located locally;

b) The establishment of the organization, the foreign individual established by the local headquarters;

c) The institution due to the establishment of the provincial level.

2. The Chamber of Labor-Trade and Social Affairs grants disability care to the facilities due to organizations, individuals in the country established without the stipulated cases at Clause 1 This has the headquarters of the human care facility. Local disability.

3. The authority with the authority to grant the active duty of persons with disabilities is the authority with the authority to grant, adjust, suspend, or revoking the license of disability care.

What? 29. The permit issued a permit to operate as a person with disabilities

1. The filing offers a license to grant the activity of persons with disabilities including:

a) The text offers a license to grant the functioning of the disabled person of the facility;

b) The copy of the decision to establish or a certificate of business registration of the organization, the individual founded the facility;

c) The papers prove to be eligible under the regulation at Article 25 of this decree.

2. The adjustment profile, the granting of a disability care license that includes:

a) The text of the recommended adjustment, licensing of the license;

b) The proof paper, the permit to operate the care of the disabled, damaged;

c) The proof paper changes the name, the address of the headquarters, the head, the scope, the service content.

What? 30. The procedure, the procedure of issuing a disability permit activity

1. Presentation, grant procedure, reorder and adjust the operating license in the specified cases at Clap 1 Article 28 This Protocol performs under the following regulation:

a) A disability-based disability care facility that sends the Department of Labor-Trade and Social Affairs;

b) For a 15-day period of work, since the date of receiving eligible valid records, the Department of Labor and Social Affairs is responsible for granting, granting or regulating operational permits.

2. Proposition, grant procedure, reorder and adjust the operating license in the specified cases at paragraph 2 Article 28 This Protocol is made in accordance with the following regulation:

a) A disability-based disability care facility that sends the Chamber of Labor-Trade and Social Affairs;

b) For a 10-day period of work, since the date of receiving eligible valid records, the Chamber of Labor and Social Affairs is responsible for granting, granting or regulating operational permits.

3. In case case case of a licensed or incomplete operating license basis is not valid for a period of 3 working days, the license-issuing agency must inform the facility to complete the profile.

4. The institution of a licensed operating license is not eligible to grant a license, in a 5-day period of work, the license-granting agency must respond in writing to the facility on the grounds of failing to qualify for a disability permit. He's

What? 31. Strike only, revoking the disability permit activity permit.

1. The disability care facility during the operation does not guarantee sufficient regulation at Article 25 of this Decree, which is suspended only until sufficient conditions are secured.

2. The operating permit for the care of persons with disabilities is revoked in the following cases:

a) The operating permit issued to the premises is not the right authority or not the correct rule of law;

b) After 12 months, since the date is granted a permit to operate the disabled but the facility does not work;

c) The basis for the purpose of operation;

d) The expiration of a temporary suspension by which the facility still does not guarantee sufficient regulatory conditions;

Violation of the third administrative detention facility (03) in 12 months;

e) The organization, the individual founded the dissolved facility, the bankruptcy that the facility is not eligible to operate under the rule of law.

3. The disability care facility must be responsible for addressing the rights of persons with disabilities when the facility is suspended or revoked the operating license of the disabled.

What? 32. The temporary responsibility for the suspension, the recovery of the disability permits.

1. Upon the discovery of one of the prescribed cases at clause 2 Article 31 This decree, the Department of Labor-Trade and Social Affairs or the Chamber of Labor-Trade and Society decided to revoking the license to work on the care of the disabled disabled.

2. The case of detection of a facility no longer guarantees regulatory conditions, depending on the nature, level, Department of Labor-Trade and Social Affairs or the Chamber of Labor-Trade and Society decision to suspend a partial or full period of care. People with disabilities in the prescribed license.

Chapter VI

THE ORGANIZATION.

What? 33. Cost of execution

1. The funding implementation of social protection policy; survey funding, statistics, information technology applications building the database management of persons with disabilities; the funding of propaganda disseminists policy; the business of training staff as a disability worker, The Council defines the degree of disability, the Social Security Council review Council; the cost of paying the social allowance applicable to the Government's provisions on the funding implementation of the policy on the social protection object.

2. The cost of implementing policies, unregulated disability care at Clause 1 This is implemented by the Law of Persons with Disabilities, State Budget Law, and Implementation Guidelines.

What? 34. The responsibility of the ministries, industry and local

1. The ministries, peer agencies, government agencies, the Provincial People's Committee, the Central Committee of the Central Committee, the mandate, the powers to be guided by the organization to implement this Protocol.

2. Ministry of Labor-Trade and Social Affairs directed this decree.

Chapter VII.

EXECUTION CLAUSE

What? 35.

This decree has been in effect since 1 June 2012.

This decree replaces the digital decree. 55 /1999/NĐ-CP July 10, 1999 Regulation and guidelines enforce certain provisions of the Ordination of the disabled, the regulations that are related to the disabled and the mentally determined person at the Decree No. 1. 67 /2007/NĐ-CP April 13, 2007 of the Government on Policy Assistance to Social Security and Decree Digital Assemblies. 13 /2010/NĐ-CP February 27, 2010 by the Government on the amendment, adding some of the provisions of the Digital Protocol 67 /2007/NĐ-CP April 13, 2007 of the Government on Policy Assistance to Social Protection.

TM. THE GOVERNMENT.

Prime Minister

(signed)

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