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Luật Người khuyết tật năm 2010

Law on Persons with Disabilities

(No. 51/2010/QH12)

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Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/QH10;

The National Assembly promulgates the Law on Persons with Disabilities.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Law provides the rights and obligations of persons with disabilities; and responsibilities of the State, families and society towards persons with disabilities.

Article 2. Interpretation of terms

In this Law, the terms below are construed as follows:

1. Person with disabilities means a person who is impaired in one or more body parts or suffers functional decline manifested in the form of disability which causes difficulties to his/her work, daily life and study.

2. Stigma against persons with disabilities means the attitude of disregarding or disrespecting persons with disabilities because of their impairments.

3. Discrimination against persons with disabilities means the act of shunning, refusing, maltreating, disparaging, showing prejudice against, or restricting the rights of, persons with disabilities because of their impairments.

4. Integrative education means a mode of education integrating persons with disabilities with persons without disabilities in educational institutions.

5. Exclusive education means a mode of education used exclusively for persons with disabilities in educational institutions.

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6. Semi-integrative education means a mode of education combining integrative education with exclusive education for persons with disabilities in educational institutions.

7. Living independently means that persons with disabilities may decide by themselves on matters related to their own lives.

8. Access means that persons with disabilities may use public facilities, means of transport, information technology, cultural, sports, tourist and other suitable services so as to be able to integrate into the community.

Article 3. Forms and degrees of disability

1. Forms of disability include:

a/ Physical disability;

b/ Sensory disability;

c/ Visual disability;

d/ Mental and psychiatric disability;

e/ Intellectual disability;

f/ Other disabilities.

2. Persons with disabilities are classified by degree of disability as follows:

a/ Persons with exceptionally serious disabilities are those whose impairments render them unable to perform by themselves their personal daily-life activities;

b/ Persons with serious disabilities are those whose disabilities render them unable to perform some of their personal daily-life activities;

c/ Persons with mild disabilities are those who do not fall into the cases defined at Points a and b of this Clause.

3. The Government shall detail the forms and degrees of disability defined in this Article.

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Article 4. Rights and obligations of persons with disabilities

1. Persons with disabilities are guaranteed the following rights:

a/ To participate on an equal basis in social activities;

b/ To live independently and integrate into the community;

c/ To enjoy exemption from or reduction of certain contributions to social activities;

d/ To be provided with healthcare, functional rehabilitation, education, vocational training, employment, legal assistance, access to public facilities, means of transport, information technology and cultural, sports, tourist and other services suitable to their forms and degrees of disability;

e/ Other rights provided by law.

2. Persons with disabilities shall perform civic obligations under law.

Article 5. State policies towards persons with disabilities

1. Annually, the State shall allocate budget funds for the implementation of policies on persons with disabilities.

2. Prevention and minimization of congenital disabilities, disabilities caused by injury or disease and other dangers of disability.

3. Social relief; support for persons with disabilities in healthcare, education, vocational training, employment, culture, sports, entertainment, access to public facilities and information technology, participation in transport; prioritized implementation of social relief policies and support for children and elderly persons with disabilities.

4. Incorporation of policies on persons with disabilities into socio-economic development policies.

5. Creation of conditions for persons with disabilities to have orthopedic operations and functional rehabilitation; to surmount difficulties, live independently and integrate into the community.

6. Training and retraining of counselors and caretakers for persons with disabilities.

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