Vietnam: Is disorder of memory a impairment?

Vietnam: Is disorder of memory a impairment?

Pursuant to Article 2 of the Decree 28/2012/NĐ-CP stipulating types of impairment as follows:

1. Mobility impairment means partial or total loss of the mobility of the head, the neck, the lower or upper limbs, or the body, that restricts the dexterity.

2. Hearing and speaking impairment means partial or total loss of the hearing or speaking function or both hearing and speaking functions; or the function to pronounce words and sentences clearly, leading to limited communication or information exchange in words.

3. Visual impairment means partial or total loss of sight and senses of light, colors, images and objects in normal light and environment.

4. Mental impairment means disorder of senses, memory, feeling, thought and act control manifested abnormal speech or acts.

5. Intellectual impairment means partial or total loss of perception and mind manifested in the slowness or inability to think, to analyze objects, phenomena or to solve problems.

6. Other impairments means partial or total loss of bodily functions causing difficulties in work and daily-life activities and learning not being specified in Clauses 1,2, 3, 4 and 5 of this Article.

As regulations above, your son was diagnosed with disorder of memory, so he is suffering from mental impairment. You may request for impairment level identification at commune-level People’s Committee.

Can the disabled be entitled to a reduction or exempt from ticket fees of waterparks in Vietnam?

Pursuant to Article 11 of the Decree 28/2012/NĐ-CP stipulating price reduction and exemption of ticket and services of culture, sports, recreation and tourism in Vietnam as follows:

1. People suffering from particularly serious impairments are exempt from ticket and service charges when directly using cultural, sports, recreational and tourist services at the following cultural and sports establishments and facilities:

a/ Museums, cultural and historical relics, libraries and exhibitions;

b/ Theaters and cinemas;

c/ Sports facilities where domestic physical training and sports events take place;

d/ Other cultural, sports, recreational and tourist establishments and facilities.

2. People suffering from serious impairments are entitled to a reduction of at least 50% of ticket or service charges when directly using cultural, sports, recreational and tourist services at the cultural and sports establishments and facilities specified in Clause 1 of this Article.

3. Cultural, sports, recreational and tourist establishments and facilities shall issue discount tickets for the disabled. To enjoy ticket or service charge exemption or reduction, the disabled shall produce impairment certificates.

4. The Ministry of Culture, Sports and Tourism shall be in charge and cooperate with related ministries and sectors in, guiding this Article.

5. Based on specific conditions, ministers, heads of sectors and central mass organizations and Presidents of provincial People’s Committees shall make decisions on the reduction levels of ticket and service charges under their management, which must not be lower than the levels specified in Clause 2 of this Article.

As regulations above, the disabled shall be entitled to a reduction or exempt from ticket fees of waterparks in Vietnam depending on how serious of their impairments. To enjoy ticket or service charge exemption or reduction, the disabled shall produce impairment certificates.

When shall a person in Vietnam be considered suffering from particularly serious impairments?

Pursuant to Article 4 of the Decree 28/2012/NĐ-CP stipulating impairment level identification as follows:

1. The Impairment Assessment Council shall base on Articles 2 and 3 of this Decree and observe the disabled while they are doing everyday tasks serving their personal living needs, and use of the set of medical and social questions and other prescribed methods to identify the level of impairment, except for the cases specified in Clauses 2 and 3 of this Article.

2. The Medical Examination Council shall identify and draw conclusions about the type and level of impairments for the cases specified in Clause 2, Article 15 of the Law on The disabled.

3. For the disabled of whom the self-serving capacity and work capability deficiency have been identified the Medical Examination Council before this Decree takes effect, the Impairment Assessment Council shall determine levels of impairment based on the Medical Examination Council’s conclusions as follows:

a/ That person is considered suffering from particularly serious impairments when the Medical Examination Council concludes that they are no longer capable of self-serving or at least 81% of their work capability has been lost.

b/ That person is considered suffering from serious impairments when the Medical Examination Council concludes that they are capable of self-serving if they are partly assisted by other people or equipment or 61% and 80% of their work capability has been lost;

c/ That person is considered suffering from mild impairments when the Medical Examination Council concludes that they are capable of self-serving or less than 61% of their work capability has been lost.

4. In case the Medical Examination Council’s document dated before the effective date of this Decree fails specify the self-serving capability and work capability deficiency, the Impairment Assessment Council shall determine levels of impairment for the disabled under Clause 1 of this Article.

5. State budget shall cover the cost of the impairment level identification and the issuance of impairment certificates under the state budget management decentralization.

6. The Ministry of Finance, the Ministry of Labor, War Invalids and Social Affairs shall guide the funds specified in Clause 5 of this Article.

As regulations above, if a person is no longer capable of self-serving or at least 81% of their work capability has been lost, he/she shall be considered suffering from particularly serious impairments.

Best regards!