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					                                                Overview
                    Country                                              Viet Nam

                                      1/ Background Statistics
Human development index rank                        113 1
GNI per capita (PPP in US$)                         2,995 1
Life expectancy at birth (years)                    74.9 1

Mean years of schooling (years)                     5.5 1

Expected years of schooling (years)                 10.4 1

Total population                                    88,069,000 2
                                          2/ Disability Statistics
Population of persons with disabilities             5,300,000 3, a 12.75 million 4, b
                                                    6.4 per cent 3, c
Proportion of persons with disabilities to
                                                    15.3 per cent 4, d
total population
                                                    10 per cent 3, e
                                                    Over 15 per cent of persons with disabilities at
                                                    working age have suitable jobs with stable income
Employment rate of persons with disabilities
                                                    (ESCAP 2006, Q 19); in total, 58 per cent of
                                                    people with disabilities are working 3
                                                    41 per cent of persons with disabilities who are 6
Access to education                                 years of age or more are illiterate, 19.5 per cent
                                                    have finished secondary school 3
                                              3/ Definitions
Definition of disability                            ..
                                                    Ordinance on Disabled Persons (1998, art. 1) 4
                                                    "Disabled persons by definition of this Ordinance,
                                                    irrespective of the causes of the disability, are
                                                    defective of one or many parts of the body or
Definition of persons with disabilities
                                                    functions which are shown in different forms of
                                                    disability, and which reduce the capability of
                                                    activity and causes many difficulties to work, life
                                                    and studies."
Categories of impairment                            ..
            4/ Commitment to Regional and International Instruments on Disability
Ratification of ILO Convention 159                  No 5
Ratification or signatory of Convention on
the Rights of Persons with Disabilities             Signed Convention on 22 October 2007 6
(CRPD), and its Optional Protocol
Ratification or signatory of Convention on
                                                    No 7
Cluster Munitions
                                           5/ Legal Framework
                                                Overview
                   Country                                                 Viet Nam
                                                    Constitution of the Socialist Republic of Viet Nam
Constitutional provisions
                                                    (1992, chap. V, art. 59 (6) and 67 (3))
Disability-specific laws
Comprehensive                                       Ordinance on Disabled Persons (1998) f
                                                    Cover: early detection, intervention and
                                                    education; training and employment; access to
Sectoral                                            built environment and transportation; poverty
                                                    alleviation through capacity-building social
                                                    security and sustainable livelihood programmes
                                                    Cover: early detection, intervention and
                                                    education; training and employment; access to
Disability-inclusive laws                           information and communication; poverty
                                                    alleviation through capacity-building; social
                                                    security and sustainable livelihood programmes
                                          6/ Policy Framework
Disability-specific policies
                                                    National Action Plan to Support People with
Comprehensive
                                                    Disabilities 2006 – 2010
Sectoral                                            ..
Disability-inclusive                                ..
                                      7/ Institutional Framework
                                                    National Coordinating Committee on Disability of
The national coordination mechanism or
                                                    Viet Nam (NCCD) under Ministry of Labour,
disability focal point
                                                    Invalids and Social Affairs
Sources:

    1. United Nations Development Programme (2010). Human Development Report 2010 (New York,
       UNDP).
    2. United Nations (2009). World Population Prospects: The 2008 Revision (United Nations publication,
       Sales No. E.10.XIII.2).
    3. Viet Nam (2006e). National Action Plan to Support People with Disabilities 2006 – 2010, accessed
       from www.asiadisability.com/~yuki/VietNam%20NSP-Eng.html on 11 March 2011.
    4. Viet Nam (2007). Household Living Standard Survey, 26 December 2007, Ministry of Planning and
       Investment, General Statistics Office.
    5. International Labour Organization (2010). “Convention No. C 159”, accessed
       from www.ilo.org/ilolex/cgi-lex/ratifce.pl?C159 on 11 March 2011.
    6. United Nations (2010). “Convention and Optional Protocol Signatures and Ratifications”, on the
       United Nations Enable website, accessed
       from www.un.org/disabilities/countries.asp?navid=12&pid=166 on 11 March 2011.
    7. Convention on Cluster Munitions (CCM) (2008). “Ratifications and Signatures”, accessed from
       www.clusterconvention.org/ratifications-and-signatures on 11 March 2011.

Notes:

    a. Response referred to data from the Ministry of Labour, Invalids and Social Affairs.
      b. Response based on Viet Nam Household Living Standard Survey conducted by the General
         Statistics Office.
      c. Response referred to data from the Ministry of Labour, Invalids and Social Affairs.
      d. Response based on Viet Nam Household Living Standard Survey conducted by the General
         Statistics Office.
      e. World Health Organization estimate.
      f. The National Disabilities Act, which revises the Ordinance, is to be approved in 2009 (Viet Nam
         2009).



                                              Comprehensive

                                               1. Definitions

       a) Disability

 ..

       b) Persons with disabilities

          The Ordinance on Disabled Persons (1998) provides the following definition:

     "Disabled persons by definition of this Ordinance, irrespective of the causes of the disability,
are defective of one or many parts of the body or functions which are shown in different forms of
disability, and which reduce the capability of activity and causes many difficulties to work, life and
studies." (Viet Nam 1998, art. 1)

       c) Categories of impairment

 ..


                                            2. Legal framework

       a) Constitutional provisions

               Constitution of the Socialist Republic of Viet Nam, 1992
                [English] – [Vietnamese]

      The disability-related provisions under the Constitution of the Social Republic of Viet Nam
(Viet Nam 1992) are as follows:

          Chapter Five on the Fundamental Rights and Duties of the Citizen

          Article 59 on Education states that "the State and society shall create the necessary
           conditions for handicapped children and other children in particularly difficult circumstances
           to enjoy appropriate general and vocational education." (Viet Nam 1992, chap. 5, art. 59)

          Article 67 on War Invalids, Old People, Disabled People, Orphans states the following:

1.         "War invalids, sick soldiers, and the families of fallen soldiers and revolutionary martyrs
      shall enjoy preferential treatment in State policies. War invalids shall enjoy favorable conditions
      for their physical rehabilitation, shall be given employment suited to their state of health and
      assistance in securing stable living conditions."
2.     "Individuals and families credited with meritorious service to the country shall be given
   commendation and reward and shall be looked after."
3.     "Old people, disabled people and orphans without support shall receive State assistance."
   (Viet Nam 1992, chap. 5, art. 67)

     b) Disability-specific laws and regulations

     i. Comprehensive disability-specific laws and regulations

           Ordinance on Disabled Persons, 1998
            [English] – [Vietnamese]

      The Ordinance on Disabled Persons (Viet Nam 1998) is the main legal instrument for persons
with disabilities in Viet Nam. It provides a basis for disability policy in Viet Nam and sets forth the
rights and obligations of persons with disabilities. Provisions comprise social protection and anti-
discrimination measures including health care, education, vocational training and employment,
cultural and sporting activities, funds to assist persons with disabilities. The Ordinance outlines
State management of disability affairs in relation to legislation and policies, classification of
disabilities, programmes and projects, international cooperation, and defines the rewards and
violations of provisions in disability legislation. A National Disabilities Law, which revises the
Ordinance, is expected to be passed by the National Assembly in 2010.

           Decree No. 55/1999/NÐ-CP on 10/7/1999 of the Government.
            [English] – [Vietnamese]

     The Decree (Viet Nam 1999) regulates the implementation of the Ordinance on Disabled
Persons.

           Directive on Promotion for implementation of policies to support disabled
            persons (Nr. 01/2006/CT-TTg of 9 January 2006)
            [English] – [Vietnamese]

     The Directive (Viet Nam 2006d) outlines the legal basis for all Ministries disability policy, and
mandates the Ministry of Labor, Invalids and Social Affairs to review the implementation of the
Ordinance on Disabled Persons (Viet Nam 1998) and other related legal documents, to provide
leadership in coordinating Ministries and agencies in proposing measures for policy improvement,
or submitting the proposal to authorized functioning offices, and to develop and implement the
National Action Plan 2006-2010.

     ii. Sectoral disability-specific laws and regulations

    According to the National Action Plan to Support People with Disabilities 2006-2010, a
number of regulations have been adopted in support of people with disabilities. The table below
summarizes those measures concerning persons with disabilities (Table 1).

    Table 1. Main disability-specific sectoral laws and regulations in Viet Nam
     Regulations                                     Content
     Self-Help Organizations of Persons with Disabilities
     ..
     Women with Disabilities
     ..
     Early Detection, Intervention and Education
Decision No. 67/2004/QĐ-TTg on 27/4/2004 of Action plan covering the period of 2004-2010 to
Prime Minister.                                 cope with the effect of toxic chemical used by the
[English] – [Vietnamese]                        American during the war in Viet Nam.
     Training and Employment
Decree No. 116/2004/NĐ on 23/4/2004 of        Provides guidance on implementation of some
Government to revise and amend some articles  articles of the Labor Code on Employees with
of Decree No 81/CP                            Disabilities, including the establishment of a
[English] – [Vietnamese]                      quota system. Under this quota system, all forms
                                              of businesses are required to hire 3 per cent of
                                              their workforce as employees with disabilities.
                                              Companies who do not comply are subject to a
                                              fine, which is placed in a provincial employment
                                              fund for people with disabilities.
     Access to Built Environment and Transportation
Standards of public construction QCXDVN       Establishes national accessibility standards
01:2002                                       including the following:
[English] – [Vietnamese]                      TCXDVN 264-202: Houses and buildings - Basic
                                              rules of accessible design and construction for
                                              people with disabilities.
                                              TCXDVN 265-202: Routes and Sidewalks -
                                              Basic rules of accessible design and construction
                                              for people with disabilities.
                                              TCXDVN 266-2002: Residence - Guidance of
                                              accessible design and construction for people
                                              with disabilities promulgated by the Ministry of
                                              Construction.
Decision No. 08/2005/QD-BGTVT dated           Regulates public bus stations.
10/01/2005.
[English] – [Vietnamese]
Branch Standards 22 TCN 302-06                Regulates city buses and technical requirements,
[English] – [Vietnamese]                      including the requirements for accessible public
                                              buses.
Circular No. 3/2006/CT-BGTVT                  Promotes the implementation of the policies with
[English] – [Vietnamese]                      regard to transportation and persons with
                                              disabilities.
     Access to Information and Communication
      ..
     Poverty Alleviation through Capacity-building,
Social Security and Sustainable Livelihood Programmes
Decree No. 07/2000/NĐ-CP on 9/3/2000 of the Regulates social subsidy policies.
Government and amending Decree No.
168/2004/NĐ-CP on 20/ 9/ 2004
[English] – [Vietnamese]
Decision No. 26/2000/QĐ -TTg on 23/02/2000 of Regulates people who joined the Resistance and
the Prime Minister, currently replaced by     their children who are infected by toxic chemicals
Decision No. 120/QĐ -TTg on 5/7/2004          used by the United States of America during the
[English] – [Vietnamese]                      war in Viet Nam.
Decision No.16/2004/Q§-TTg on 5/2/2004 of     Provides supports to the families with more than
Prime Minister                                two persons who can not serve themselves due
[English] – [Vietnamese]                      to the war consequences.
Ordinance passed by the 11th NA Standing      Stipulates that those with merits to Viet Nam’s
Committee on 29/6/2005 and declared by        revolution, including war veterans are subjects of
President on 11/7/2005                        preferential benefits.
[English] – [Vietnamese]
Decree No. 147/2005/NĐ-CP of Government on         Provides preferential allowance for people with
30/11/2005 and implementing Circular No.           merit to the national revolutions, including war
33/TT-BLDTBXH on 09/12/2005                        veterans.
[English] – [Vietnamese]
Circular No. 17/2000/BTC on 01/04/2002 of          Implements policies to support staffs who take
Ministry of Home Affairs                           care of people with disabilities in state owned
[English] – [Vietnamese]                           nursing centres.
Official letter No. 4892/2000/TC-TCT of Ministry   Provides value-added Tax reduction for
of Finance                                         enterprises for people with disabilities.
[English] – [Vietnamese]
Circular No. 10/1999/TT-BYT of Ministry of     Guides on functions, responsibilities and
Health                                         organization of sanatorium and rehabilitation
[English] – [Vietnamese]                       centres under relevant Ministries/agencies.
Decision 71/2003/AD-BNV of the Ministry of     Establishes the Vietnamese Association of
Home Affairs                                   Business Enterprises of People with Disabilities
[English] – [Vietnamese]                       (VABED). The association is established as a
                                               socio-political organization to represent the
                                               interests of its members who are manufacturing,
                                               business and service enterprises of people with
                                               disabilities.
Decision No 51/2008/QD-TTg of 24 April 2008    Stipulates that enterprises of people with
[English] – [Vietnamese]                       disabilities can get loans from the Bank of Social
                                               Policies with an interest rate of 50 per cent of the
                                               already low rate (normal rate is 0.5-0.65 per
                                               cent, VABED member rate is 0.32 per cent). This
                                               guidance also allows VABED member
                                               enterprises to borrow up to 30 million VND per
                                               employee, rather than the normal maximum rate
                                               of 500 million VND.
Source: Asia Pacific Development Centre on Disability (APCD no date). "Country Profile on Viet
Nam", accessed from www.apcdfoundation.org/?q=content/viet-nam on 11 January 2011.

    c) Disability-inclusive laws and regulations

     Table 2. Main disability-inclusive sectoral policies in Viet Nam
      Regulations                                     Content
      Self-Help Organizations of Persons with Disabilities
      ..
      Women with Disabilities
      ..
      Early Detection, Intervention and Education
Decision on the adjustment of policy scholarship Regulates provision of social welfare and
and scholarships and social welfare to pupils in scholarship for pupils, students and children with
the public education system (Decision No.        disabilities of war invalids.
194/2001/QD-TTg of 21 December 2001)
[English] – [Vietnamese]
Decision ratifying the Viet Nam National         Regulates provision of social welfare and
Programme of Action for Children in the 2001-    scholarship for pupils, students and children with
2010 period (Decision No. 23/2001/QD-TTg of      disabilities of war invalids.
26 February 2001)
[English] – [Vietnamese]
Law on Universalization of Primary Education of Provides for children in extremely difficult
Viet Nam, 1992                                   circumstances, and regulates social welfare and
[English] – [Vietnamese]                             scholarships for students and children with
                                                     disabilities of war veterans.
     Training and Employment
                                            In its section III on Disabled Laborers, regulates
Labor Code, Section III on Disabled Laborers,
1994                                        employment for persons with disabilities in
[English] – [Vietnamese]                    offices and enterprises. Articles 125-128 lay out
                                            society and state responsibilities towards
                                            workers with disabilities, and provide for financial
                                            assistance, tax exemption and low interest loans
                                            for job training institutions and businesses that
                                            employ war veterans.
     Access to Built Environment and Transportation
..
     Access to Information and Communication
Law on information technology, Article 74 (No. Article 74 stipulates that the State shall promote
67/2006/QH11)                                  participation of people with disabilities in
[English] – [Vietnamese]                       information technology application and
                                               development, calls for preferential policies for
                                               them to participate in information technology-
                                               related education and training programmes and
                                               envisages the adoption of tax, credit and other
                                               preferential policies.
     Poverty Alleviation through Capacity-building,
Social Security and Sustainable Livelihood Programmes
Decree on collection of partial hospital fee   Provides for a reduction or exemption of medical
(No. 33/CP dated 23 May 1995)                  fees for persons with disabilities and Health
[English] – [Vietnamese]                       Insurance Certificate and exemptions from health
                                               checkup and treatment fees for persons with
                                               severe disabilities.
Source: Asia Pacific Development Centre on Disability (APCD no date). “Country Profile on Viet
Nam”, accessed from www.apcdfoundation.org/?q=content/viet-nam on 11 January 2011.


                                         3. Policies and plans

     a) Disability-specific policies and plans

     i. Comprehensive disability-specific policies and plans

           National Action Plan to Support People with Disabilities 2006 – 2010
            [English] – [Vietnamese]

      The National Action Plan to Support People with Disabilities (Viet Nam 2006e) is the main
policy document for persons with disabilities in Viet Nam. It aims to "provide opportunities for
people with disabilities to participate fully and equally in social activities, to improve quality of life
for people with disabilities and to build a barrier-free society and for the rights of people with
disabilities." Key indicators, targets and activities are identified in relation to organizations of self-
help groups, women with disabilities, access to health care services, orthopedic surgery and
rehabilitation, education of children with disabilities, vocational training, employment, accessibility,
poverty-reduction and sports.

     ii. Sectoral disability-specific policies and plans
 ..

       b) Disability-inclusive policies and plans

 ..


                     4. Institutional framework and Government focal point

             The Ministry of Labour, Invalids and Social Affairs

      The Ministry has the main responsibility for coordinating the implementation of disability-
related legislations and policies. The Ministry works in conjunction with other line ministries
(Education and Training, Health, Construction) and people’s committee at provincial, district and
commune level.

             The National Coordinating Council on Disability of Viet Nam

      The National Coordinating Council on Disability of Viet Nam was established in January 2001
under the Ministry of Labour, Invalids and Social Affairs, to coordinate national support for person
with disabilities. The National Coordinating Council is comprised of 14 representatives from
relevant Ministries including the Ministry of Labour, Invalids and Social Affairs, Ministry of
Construction, Ministry of Health, Ministry of Transport and Communication, Ministry of Culture and
Information, Ministry of Education and Training, Committee on Sports and Physical Exercises and
Association of the Blind of Viet Nam.

        The role of the National Coordinating Council is as follows:

1.        To work with relevant agencies to evaluate the effectiveness of disabilities policies,
      programmes and projects of the Government, NGOs and mass organizations.
2.        To work with relevant agencies to review and evaluate the implementation of the Ordinance
      on Disabled Persons.
3.        To coordinate with relevant agencies and give comments regarding development and
      amendment of legal regulations, laws, codes and standards on disabilities.
4.        To assess the situation and needs of persons with disabilities in coordination with provincial
      authorities and agencies to develop programmes and projects to support persons with
      disabilities.
5.        To call for financial and technical assistance from individuals, governmental organizations
      and NGOs, domestic and international, to support persons with disabilities.
6.        To participate in activities related to disabilities in the region and globally.

      The National Coordinating Council’s contact information is as follows:
NCCD Office
2 Dinh Le Street, Hoan Kiem District, Hanoi, Viet Nam
Tel: +84 4-39360277; 39360278;
Fax: +84 4-39360279
Email: nccd@fpt.vn


                                             5. Useful links

Disability Resource and Development Viet Nam (DRD)
http://drdvietnam.com/en/page/splash
International Labour Organization Country Profile on Inclusion of People with Disabilities in Viet
Nam
www.ilo.org/wcmsp5/groups/public/---ed_emp/---
ifp_skills/documents/publication/wcms_112407.pdf


                                           6. References

Asia Pacific Development Centre on Disability (APCD no date). “Country Profile on Viet Nam”,
accessed from www.apcdfoundation.org/?q=content/viet-nam on 11 January 2011.

Viet Nam (1992). Constitution of the Socialist Republic of Viet Nam 1992, accessed
from www.vietnamlaws.com/freelaws/Constitution92(aa01).pdf on 11 March 2011.

_______ (1994). Labor Code of the Socialist Republic of Viet Nam 1994, accessed from
www.unescap.org/esid/psis/population/database/poplaws/law_viet/vi_029.htm on 11 March 2011.

_______ (1995a). Collection of Partial Hospital Fee (Decree No. 33/CP), accessed from
www.asianlii.org/vn/legis/laws/tai1a6odn95ot27oa1994ocophf770/ on 11 March 2011.

_______ (1998). Ordinance on Disabled Persons (No. 06/ 1998 /PL-UBTVQH10 of July 30, 1998)
(Standing Committee of the National Assembly), accessed
from www.asianlii.org/vn/legis/laws/oodp248/ on 11 March 2011.

_______ (1999). “Implementation of a number of articles of the Ordinance on the disabled (Decree
No. 55/1999/ND-CP of July 10, 1999)”, accessed
from http://vbqppl4.moj.gov.vn/law/en/1991_to_2000/1999/199907/199907100001_en on 25 May
2009.

_______ (2001a). Decision ratifying the Viet Nam National Programme of Action for Children in the
2001-2010 period (Decision No. 23/2001/QD-TTg of 26 February 2001) accessed
from www.asianlii.org/vn/legis/laws/rtvnpoafcit20012010p654/ on 11 March 2011.

_______ (2001b). Decision on the adjustment of policy scholarship and scholarships and social
welfare to pupils in the public education system (Decision No. 194/2001/QD-TTg of 21 December
2001), accessed from
www.asianlii.org/vn/legis/laws/gtiotpmdn1942001od212001otaopsasafempassaptspidn11211997o
d231997otpm2558/ on 11 March 2011.

_______ (2002). Viet Nam Construction Standard – Route and sidewalk – basic rules of accessible
design and construction for People with disabilities (TCXDVN 265)(Ministry of Construction),
accessed from
http://tcxdvn.xaydung.gov.vn/TCXDVN/TCXDVN.NSF/0bb8aee4eab775e549256d1f0029c12c/6b3
5aa6191cdef7c472571b600629446/$FILE/TCXDVNper cent20(e)per cent20265per
cent20duongper cent20vaper cent20he.rtf on 2 March 2009.

_______ (2005a). Regulations on Public Bus Station (Decision No 08/2005/QD-BGTVT).

_______ (2005b). Regulations on Public Bus Based on Fixed Route and Based on Contracts
Regarding to Needs of Transport of People with Disabilities (Decision No 09/2005/QD-BGTVT), 1
October.

_______ (2006a). Law on information technology (No. 67/2006/QH11) (National Assembly),
accessed from www.asianlii.org/vn/legis/laws/oit264/ on 11 March 2011.
_______ (2006b). Road Motor Vehicles, City Buses And Technical Requirements in which
Regulated the Requirements for Accessible Public Buses (Branch Standards 22 TCN 302-06).

_______ (2006c). Circular on promoting the implementation the policies to support the people with
disabilities on transport branch (No 3/2006/CT-BGTVT).

_______ (2006d). Directive on Promotion for Implementation of Policies for Disabled Persons (Nr.
01/2006/CT-TTg of 9 January 2006), accessed
from www.ilo.org/public/english/region/asro/bangkok/ability/download/vt01.pdf on 11 March 2011.

_______ (2006e). National Action Plan to Support People with Disabilities 2006 – 2010, accessed
from www.asiadisability.com/~yuki/VietNam%20NSP-Eng.html on 11 March 2011.

_______ (2006f). Directive on Promotion for Implementation of Policies to Support Disabled
Persons (Nr. 01/2006/CT-TTg of 9 January 2006), accessed
from www.ilo.org/public/english/region/asro/bangkok/ability/download/vt01.pdf on 11 March 2011.

_______ (2007). Household Living Standard Survey, 26 December (Ministry of Planning and
Investment, General Statistics Office).

                                                                    Last updated: 16 March 2011.

				
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