Thông tư liên tịch 34/2012/TTLT-BYT-BLDTBXH

JOINT CIRCULAR

ON DETERMINATION OF IMPAIRMENT LEVELS BY MEDICAL EXAMINATION COUNCIL

Pursuant to the Law on disabled people No. 51/2010/QH12 dated 2010;

Pursuant to the Decree No. 28/2012/NĐ-CP dated April 10, 2012 of the Government on guidelines for the Law on disabled people;

Pursuant to Decree No. 63/NĐ-CP dated August 31, 2012 of the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Health;

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Labor, War Invalids and Social Affairs;

The Minister of Health and the Minister of Labor, War Invalids and Social Affairs jointly issue a Joint Circular on determination of impairment levels made by Medical Examination Council.

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Circular promulgates documents and procedures for determination of impairment levels made by Medical Examination Council.

Article 2. Regulated entities 

This Circular applies to cases prescribed in Clause 2 Article 15 of the Law on disabled people, in particular:

1. Disabled people who are undergone determination of impairment levels made by Impairment Assessing Council of communes established as prescribed in Article 16 of the Law on disabled people (hereinafter referred to as Impairment Assessing Council) but no conclusion of impairment levels is provided.

2. Disabled people or legal representatives of disabled people do not agree with the conclusions of the Impairment Assessing Council.

3. Disabled people or legal representatives of disabled people or any individuals or agencies or organizations have authentic evidence for the subjective and inaccurate determination of impairment levels made by Impairment Assessing Council.

Article 3. Authorities in charge

1. Local governments where disabled people reside.

2. Committee Divisions of Labor, War Invalids and Social Affairs  of districts or towns (hereinafter referred to as Committee Divisions of Labor, War Invalids and Social Affairs  of districts) where disabled people reside.

3. Medical Examination Councils of central-affiliated cities and provinces (hereinafter referred to as Medical Examination Councils of provinces).

4. Central Medical Examination Council; Central Medical Examination Council Zone I and Central Medical Examination Council Zone II (hereinafter referred to as Central Medical Examination Council).

Article 4. Interpretation of terms

For the purposes of this Circular, these terms below shall be construed as follows:

1. Impairment level examination means clinical or subclinical examination to determine impairment levels pertaining to cases prescribed in Clause 2 Article 15 of the Law on disabled people made by Medical Examination Council.

2.  Impairment level re-examination means impairment level examination subjected by any disabled person who has undergone impairment level examination by the Medical Examination Council of province, but the disabled person or his/her legal representative does not agree with the conclusion provided by that Medical Examination Council and they request an impairment level re-examination.

3. Legal representatives of a disabled person include:

a) Any individual who is at least 18 years of age, capable of full civil acts and obtains a written certification issued by the local government of commune, ward or town (hereinafter referred to as commune)where the disabled person resides.

b) Any group which is a group of people (at least two people) or a group of one or several organizations which has full legal status and obtains a certification issued by the local government of commune where the disabled person resides.

Chapter II

APPLICATION FOR IMPAIRMENT LEVEL EXAMINATION

Article 5. Application for impairment level examination

1. An application for impairment level examination pertaining to the case in which Impairment Assessing Council fails to provide conclusion of impairment levels shall conclude:

a) A Letter of introduction of the People’s Committee of commune where its resident entity applies for impairment level examination (hereinafter referred to as applicant), which is enclosed with photo of the applicant and borne the stamp of the People’s Committee of commune where the applicant resides.

b) A meeting minutes of Impairment Assessing Council, which clarifies that no conclusion of impairment levels is provided by Impairment Assessing Council (the copy of the meeting minutes).

If the applicant lives in a care center, he/she is required to obtain a certification which clarifies his/her full name, age, photo and is borne the stamp of the center and the center shall take legal responsibility for such certification.

c) Copies of medical documents proving the impairment: hospital discharge papers, surgery papers and relevant documents (if any)

d) A latest report on determination of impairment levels made by Medical Examination Council (if any).

2. If the applicant or his/her legal representative does not agree with the conclusions of the Impairment Assessing Council, an application for examination of impairment levels shall conclude:

a) A Letter of introduction of the People’s Committee of commune where the applicant applies for impairment level examination, which clarifies that the applicant or his/her legal representative does not agree with the conclusions of the Impairment Assessing Council, which enclosed with photo of the applicant and borne stamp of the People’s Committee of commune where the applicant resides.

b) A meeting minutes of Impairment assessing Council (the copy of the minutes).

c) Other documents prescribed in Point c and Point d Clause 1 of this Article.

d) A written proposal for conclusions of the Impairment Assessing Council made by the applicant or his/her legal representative.

3. If there is any authentic evidence for the subjective and inaccurate determination of impairment levels made by Impairment Assessing Council, an application for impairment level examination shall include:

a) Documents prescribed in Clause 2 of this Article.

b) Authentic evidences for the subjective and inaccurate determination of impairment levels made by Impairment Assessing Council must be clarified in meeting minutes, written proposal, photo, record or other forms.

Article 6. An application for impairment level re-examination shall include

1. A Letter of introduction of the People’s Committee of commune prescribed in Point a Clause 2 Article 5 of this Circular.

2. An application form for impairment level re-examination submitted by the applicant or his/her legal representative.

3. A report on medical examination issued by Medical Examination Council of province with which the applicant does not agree and an application for re-examination (copies).

4. Examination documents issued by Medical Examination Council or province which are sent to Central Medical Examination Council as prescribed.

When coming under examination, the applicant or his/her legal representative is required to present originals of documents prescribed in Clause 2 of this Article for comparison by Central legal representative Medical Examination Council.

Article 7. Responsibilities for satisfactory application

1. Regarding regulations in Point a, Clause 2 Article 15 of the Law on disabled people, the President of Impairment Assessing Council must complete 01 application as prescribed in Clause 1, Article 5 of this Circular and transfer the application to Committee Division of Labor, War Invalids and Social Affairs of district within 03 working days.

2. Regarding regulations in Point b, Point c, Clause 2 Article 15 of the Law on disabled people, the President of Impairment Assessing Council must complete 01 application as prescribed in Clause 2, Clause 3, Article 5 of this Circular and transfer the application to Committee Division of Labor, War Invalids and Social Affairs of district within 03 working days.

3. Regarding re-examination of impairment levels, Medical Examination Council of province must complete 01 application as prescribed in Article 6 of this Circular and transfer the application to Central Medical Examination Council within 05 working days.

4. During preparing application for examination, the agency or individual in charge of document preparation must check ID card, family register or other lawful personal documents enclosed with photo of the applicant and compare them with documents in the application for examination.

Article 8. Receipt, processing and management of application for examination

After receiving the application, Committee Division of Labor, War Invalids and Social Affairs of district must check the application for examination transferred by Impairment Assessing Council:

1. If the application prescribed in Article 5 of this Circular is satisfactory, Committee Division of Labor, War Invalids and Social Affairs shall receive application and issue a receipt slip to the applicant as prescribed in Appendix 1 issued herewith.

Within 02 working days from the date stated in the receipt slip, Committee Division of Labor, War Invalids and Social Affairs of district shall transfer the application for examination to Medical Examination Council of province.

2. If the application for examination is not satisfactory, within 02 working days from the date on which the application is received, Labor, War Invalids and Social Affairs of district shall provide explanation in writing in order for the President of Impairment Assessing Council to complete the application.

3. Medical Examination Councils shall take responsibility for management and archive of application for examination of impairment levels.  The duration in which the application is archived shall comply with regulations of law.

Chapter III

PROCEDURES FOR MEDICAL EXAMINATION

Article 9. Receipt of application for examination at Medical Examination Council

1. After Medical Examination Council receives application for examination of impairment levels sent by Committee Division of Labor, War Invalids and Social Affairs, Medical Examination Council shall carry out examination of impairment levels and provide conclusion of types and levels of impairment.

2.  When following procedures for examination subjected by a disabled person, his/her legal representative is required following documents:

- An ID card or identity papers enclosed with lawful photos.

- A certification of lawful rights to represent the disabled person issued by the People’s Committee of commune where the disabled person registers their permanent residence.

- If the legal representative of disabled people is an agency or an organization, a letter of introduction issued by that agency or organization is required as prescribed.

Article 10. Procedures for medical examination

1. Procedures for medical examination: comply with current provisions on medical examination.

2. Procedures for final examination of impairment levels

a) If the legal representative of the applicant does not agree with the conclusion of Medical Examination Council, an application for re-examination of impairment levels may be sent to Medical Examination Council which issued the first report on examination (first time processing).

b) Within 15 working days, from the date on which the written application is received, Medical Examination Council which issued the first report on examination is required to process application second time. If the applicant still does not agree with the second conclusion of Medical Examination Council, the applicant must send the written proposal to Medical Examination Council within 15 working days from the date on which the second report is issued.

After 15 working days, from the date on which the written proposal is received, Medical Examination Council shall complete the application on examination as prescribed and send it to superior Medical Examination Council.

c) With regard to proposal for conclusion of examination issued by Medical Examination Council of province, the re-examination shall be conducted by Central Medical Examination Council, Central Medical Examination Council Zone I or Central Medical Examination Council Zone II as prescribed.

d) Although re-examination of impairment levels is conducted at Central Medical Examination Council, Central Medical Examination Council Zone I or Central Medical Examination Council Zone II, there is still disposal or complaint or denunciation, the Minister of Health shall establish a Medical Examination Council which carry out the final examination and the conclusion issued by this Council shall be the final conclusion.

dd) After receiving the final conclusion, if the applicant still make disposal, the competent agency shall handle the disposal, complaint or denunciation in accordance with regulations of law on complaints and denunciation.

3. During preparing application on examination, the agency or individual in charge of document preparation must check ID card, family register or other lawful personal documents enclosed with photo of the applicant and compare them with documents in the application on examination.

Article 11. Determination of impairment types and impairment levels

1. Impairment types and impairment levels shall be determined as prescribed in Article 3 of the Law on disabled people and regulations of the Government.

2. Within 10 working days, from the date on which the conclusion of the Council is provided, Medical Examination Council shall send report on examination of impairment levels using forms prescribed in Appendix II issued herewith: 01 copy to Committee Division of Labor, War Invalids and Social Affairs of district, 01 copy to Impairment Assessing Council of commune where disabled people reside, 01 copy to disabled people or their legal representatives.

Article 12. Valid period of the report on determination of impairment levels

1. For disabled people aged 6 or older: The valid period of a report on determination of impairment levels is 05 (years) from the date on which the report is issued.

2. For disabled people aged under 6: The valid period of a report on determination of impairment levels is 03 (years) from the date on which the report is issued.

Article 13. Fees for medical examination

1. With regard to cases prescribed in Point a, Clause 2 Article 15 of the Law on disabled people, fees for medical examination shall be ensured by government budget.

2. With regard to cases prescribed in Point b, Point c, Clause 2 Article 15 of the Law on disabled people, fees for medical examination shall be ensured as follows:

a) If the conclusion of examination conforms to complaints or denunciation, the fees for medical examination shall be ensured by government budget.

b) If the conclusion of examination does not conform to complaints or denunciation, the fees for medical examination shall be ensured by the individual or organization applying for complaints or denunciation.

Chapter IV

IMPLEMENTATION

Article 14. Implementation

This Circular takes effect from March 20, 2013.

Article 15. Responsibilities

1. The Ministry of Health assigns Department of management of medical examination and treatment to provide instructions to Services of Health of central-affiliated cities and provinces, Health authorities of Ministries, agencies, Medical Examination Councils to comply with regulations herewith.

2. The Ministry of Labor, War Invalids and Social Affairs assign Department of social protection to provide instructions for Services of Labor, War Invalids and Social Affairs of central-affiliated cities and provinces to comply with regulations herewith.

3. Services of Labor, War Invalids and Social Affairs of central-affiliated cities and provinces provide instructions for Committee Divisions of Labor, War Invalids and Social Affairs of districts to comply with regulations herewith.

4. Every year, regularly or irregularly, Department of management of medical examination and treatment, the Ministry of Health, Department of social protection, the Ministry of Labor, War Invalids and Social Affairs must carry out the inspection of implementation of this Circular and send reports to the Minister of Health and the Minister of Labor, War Invalids and Social Affairs.

Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Health and Ministry of Labor, War Invalids and Social Affairs for consideration./.