Proposing regulations on the organization and operation of the Council for determining the level of disability at the commune level

(Chinhphu.vn) - The Ministry of Health is drafting a Circular regulating the determination of disability levels by the Disability Determination Council.

The commune-level disability determination council is established by decision of the Chairman of the People's Committee at the commune level.

The draft Circular proposes detailed regulations on the organization and operation of the Council for determining the level of disability of communes, wards, and special zones (collectively referred to as commune level); methods and procedures for determining the type of disability; procedures for granting, re-granting, and revoking Certificates of Disability.

Principles of organization and operation of the Council for determining the level of disability

The draft clearly states the principles of organization, operation and composition of the Council for determining the level of disability (Council):

The Council for determining the level of disability at the commune, ward, and special zone level (collectively referred to as the commune level) is established by decision of the Chairman of the People's Committee at the commune level; its task is to advise the Chairman of the People's Committee in determining and re-determining the level of disability.

The Council has at least 5 members, operating under a part-time mechanism, including the following positions: Chairman of the Council, Vice Chairman of the Council, Standing Council member and Council members. The Chairman of the Council is allowed to use the seal of the People's Committee at the commune level.

The members of the Council for determining the level of disability include: The Chairman is the Leader of the People's Committee at the commune level; The Vice Chairman is the Head of the Department of Culture and Society at the commune level; The Standing Member of the Council is the Head of the Commune-level Health Station (for special zones with 2 or more health stations, the Chairman of the Commune-level People's Committee shall consider and decide based on the practical situation of the grassroots health system in the area); in addition, the Council has members: A representative of the Leader of the Vietnam Fatherland Front Committee at the commune level; a representative of the leader of the educational institution where the person requesting the determination of the level of disability is studying (if any); the head of the organization of people with disabilities or the organization representing and supporting people with disabilities in the commune-level area (if any).

Duties and powers of the Council

The Chairman of the Council is responsible for chairing, directing, and resolving issues arising in the Council's concluding meeting; together with the Council members, is responsible for the Council's conclusions in the meeting he/she attends; signs the Council's meeting minutes in the presiding session according to regulations; participates in giving opinions and reserves opinions on the content related to determining the type and level of disability recorded in the Council's meeting minutes.

The Vice Chairman of the Council presides over and conducts the concluding meeting of the Council when authorized by the Chairman of the Council and performs the duties of the Chairman of the Council in the authorized Council meeting; together with the members of the Council, is responsible for the conclusions of the Council in the meeting he/she attends; signs the Minutes of the concluding meeting of the Council in the meeting in which the individual attends and is authorized to preside over and conduct the Council meeting; participates in giving opinions and reserves opinions on the content related to determining the type and level of disability recorded in the Minutes of the Council meeting...

The Standing Committee of the Council is responsible for organizing the determination and re-determination of the level of disability according to the authority, methods and procedures for determining the level of disability as prescribed. Prepare a form for determining the type of disability and the level of disability to report at the Council meeting; be responsible for the results of determining the type of disability and the level of disability; re-determine the level of disability and, together with the members of the Council, be responsible for the Council's conclusions.

Council members have the duty to fully participate in Council meetings as requested by the Council Chairman. In case of inability to attend, they must report in writing to the Council Chairman; be responsible for the Council's conclusions in the meetings they attend; participate in giving opinions and reserve their opinions on the content related to determining the type and level of disability recorded in the Council meeting minutes; perform other tasks as assigned by the Council Chairman.

Procedure for determining the level of disability

According to the draft, the person requesting to determine or redetermine the level of disability or the legal representative of the person requesting to send directly, by post or electronically, 1 set of documents to the Public Administrative Service Center of the People's Committee of the commune where that person resides, or via the National Public Service Portal.

Within 2 working days from the date of receiving complete and valid documents, the Public Administration Service Center shall transfer the documents as follows:

Forward to the Head of the Commune Health Station and the Standing Committee of the Council for applications requesting determination of disability level and re-determination of disability level.

Forward to the Head of the Department of Social and Cultural Affairs for applications for a Certificate of Disability when there is a Record of determining the type of disability and the level of disability from the Medical Assessment Council.

Within 5 working days from the date of receiving the dossier, the Standing Committee of the Council must organize the determination and re-determination of the disability level; report to the Council on the results of the determination and re-determination of the disability level.

Within 3 working days from the date of receiving the results of the determination and re-determination of the disability level, the Chairman of the Council shall convene and organize a meeting to conclude on the type and level of disability.

The minutes of the Council's conclusions must be publicly posted at the headquarters of the People's Committee at the commune level for at least 3 working days.

The Ministry of Health is seeking comments on this draft on the Ministry's Information Portal.

Minh Hien

Source: https://baochinhphu.vn/de-xuat-quy-dinh-to-chuc-hoat-dong-cua-hoi-dong-xac-dinh-muc-do-khuet-tat-cap-xa-102251104164511496.htm