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3. Current Situation of Persons with Disabilities

  1. 3.1 Definition and Classification

    According to the 1998 Disabilities Ordinance , the definition of disabled persons in Viet Nam is as follows:

    “Disabled people by definition of this Ordinance, irrespective of the cause of 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 cause many difficulties to work, live, and study”.

    However, the Ministry of Labor, War Invalids and Social Affairs (MOLISA), Ministry of Health (MOH), Ministry of Education and Training (MOET) and other relevant Ministries, agencies and non-governmental organizations (NGOs) are inclined to follow the definition stated under the International Classification of Impairments, Disabilities and Handicaps (ICIDH) issued by the World Health Organization (WHO) in 1980.

    Traditionally in Viet Nam , persons with disabilities were considered as persons who were injured or handicapped by war or accidents.

  2. 3.2 Government Policy and National Plan Towards Persons with Disabilities

    Since the 1950s, the government of Vietnam has adopted various specific policies and measures to care for disabled people as follows.

    In response to the UN International Year of Disabled Persons (IYDP), the Government of Vietnam established the Vietnam Committee of Disabled Persons in 1982. Ten years later, the Vietnamese Government signed the Asia Pacific Proclamation for Full Participation and Equal Opportunities for Person with Disabilities.

    In 1992, the Commission for People with Disabilities was established in Vietnam in response to the Proclamation of the Asian and Pacific Decade of Disabled Persons, 1993-2002. Its activities have brought about important changes.

    On 30 July 1998, the Standing Committee of the National Assembly of the Socialist Republic of Vietnam passed the Ordinance on Disabled Persons, highlighting an important milestone, confirming the Government's commitment to PWDs. The Ordinance on Disabled Persons was put into force from 1 November 1998.

    This event was then followed by the establishment of the National Coordinating Council on Disability of Vietnam (NCCD), established to work with MOLISA on disability issues. NCCD has 14 members representing 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 Vietnam. Vietnam was the host of the 9 th Campaign of The Asian and Pacific Decade of Disabled Persons in December 2001 in Hanoi.

    Due to budget constraints the government implemented a protection policy for persons with disabilities through the attached responsibilities for all levels of government agencies.

    National Development Plan: The Ten-year Socio-economic Strategy Legislated Year: April 2001

    Description: Both strategies document social and economic goals emphasizing economic growth, poverty reduction, and social equity.

  3. 3.3 Government System

    Figure 2

    Organizational Chart of Government for Persons with Disabilities (National Level)

    Organizational Chart of Government for Persons with Disabilities (National Level) Description

    • MOLISA: Ministry of Labor, Invalids and Social Affairs
    • MOF: Ministry of Finance
    • MOH: Ministry of Health
    • MOET: Ministry of Education and Training
    • MOC: Ministry of Construction
    • MOTC: Ministry of Transportation and Communication
    • MOCI: Ministry of Culture and Information
    • CPCC: Committee for Protection and Care of Children
    • NCSPT: National Committee for Sports and Physic Training
    • VFF: Vietnam Fatherland Front
    • VWU: Vietnam Women's Union
    • VNRC: Vietnam Red Cross
    • SSVHO: The Society for the Support of Vietnamese Handicapped and Orphans
    • VAVN: The Veterans of Association of Vietnam

    Assigned Organizations

    Ministry of Labor, Invalids and Social Affairs (MOLISA)

    Description:

    1. Manages the protection and care of persons with disabilities on behalf of the State throughout the country.
    2. Studies, promulgates or submits to the government for promulgation, policies applicable to persons with disabilities on vocational training, job creation, and social support.
    3. Coordinates with the MOF in elaborating the annual State budget for supporting persons with disabilities.
    4. Coordinates with other related ministries to support persons with disabilities and guides them on implementation of applicable promulgation policies.
    5. Organizes and manages sanatoriums and functional rehabilitation establishments for persons with disabilities.
    The National Coordinating Council on Disability (NCCD)
    Committee members: MOLISA, MOC, Sports and Physical Training Committee,
    MOH, MOTC, MOCI, MOET and Vietnam Blind Association

    Description: Through recommendations of the Vietnam Assistance for the Handicapped (VNAH), established in 1991 and participants of the Leadership Training Seminar held in August 2000, the NCCD is comprised of representatives of each ministry. It was established in March 2001 to coordinate national support for person with disabilities. The role of NCCD is as follows:

    1. To work with relevant agencies to evaluate the effectiveness of disabilities policies, programs 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 programs 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.
    Local Offices of Ministries Related to Persons with Disabilities
    (People's Committees at the commune level are directly responsible for disability issues)

    The promulgation of legislation and policies for persons with disabilities is carried out by the central level (the State) but policy implementation is by the local governments.

    Each locality executes management of the protection and care for persons with disabilities depending on its funding capabilities, human resources, as well as its objectives. For example, implementation of the social allowance policy for persons with disabilities depends largely on the determination and budget of provincial authorities.

    Local officials in the People's Committee often assume the responsibility of taking care of disadvantaged people, including persons with disabilities in the commune by monitoring the state of persons with disabilities, reporting to the district level and delivering monthly allowances and welfare packages to persons with disabilities.

    The central ministries are supported by other governmental and non-governmental organizations, but welfare administration in the field is largely taken care of by local offices. However, it should be noted that there is not yet a full consensus among the different governmental organizations regarding the implementation of laws and regulations as well as coordination among these agencies. At the same time, concerned organizations play an important role in policy-making and enactment, but problems remain in implementation and evaluation.

  4. 3.4 Regional Cooperation (Proclamation of the Asia and Pacific Decade of Disabled Persons

    In 1992, the Vietnamese government signed the Proclamation on Full Participation and Equality of People with Disabilities in the Asia and Pacific Region.

    In December 2001, MOLISA, the Organizing Committee of Campaign 2001, the Regional NGO Network for the Promotion of the Asian and Pacific Decade of Disabled Persons (RNN) held the Campaign 2001 Hanoi Conference with 1759 participants from 36 countries. Discussions on the promotion of social integration of persons with disabilities led to an agreement by the participants on the adoption of the "Hanoi Declaration of Campaign 2001 on the Facilitation of Community Integration of People with Disabilities". This declaration included items on extending the Asian and Pacific Decade of Disabled Persons for another 10 years, enacting a person with disabilities treaty and support for organizational building.

  6. 3.5 Statistics Data

    The Ministry of Labor, Invalids and Social Affairs (MOLISA) conducted disability surveys twice in 1994-1995 and 1998. Other agencies that also conducted studies on disabilities in Viet Nam include the Ministry of Education and Training (MOET), Community-based Rehabilitation of Data (CBR)/ Ministry of Health, and other international organizations.

  7. 3.6 Law and Legislation

    The Government of Viet Nam has continuously enacted new laws and expanded existing policies and regulations for disabled people.

    Constitutions in 1959, 1980 and 1992 all have regulations that protect people with disabilities.

    The following tables are policies, laws, and regulations on disabilities in Vietnam.

    • Decree No. 55/1999/ND-CT
      Legislated Year: 1999

      Purpose: To guide the implementation of the Disabilities Ordinance
      Description: The Decree indicates the necessity to promulgate some regulations of accessibility for disabled persons in the areas of construction and transportation. In order to carry out the law for disabled people and the government decree, the Ministry of Construction and VNAH made standards and regulations on construction regarding accessibility for disabled people.

    • Ordinance on Disabled Persons
      Legislated Year: 1998

      Purpose:

      • To provide the basis for all disability activities in Viet Nam.
      • To set forth general responsibilities of the family, the State and society toward disabled persons, and the rights and obligations of persons with disabilities.

      Description: Contents of the Ordinance are as follows:

      1. General provisions
      2. Health care for persons with disabilities
      3. Education for persons with disabilities
      4. Vocational training and employment for persons with disabilities
      5. Cultural and sporting activities of persons with disabilities
      6. Funds to assist persons with disabilities
      7. States administration on disability-related issues

    • Labor Code, Section III
      Legislated Year : 1994

      Purpose: Regulations on employment for persons with disabilities in offices and enterprises.
      Description: Article 125, 126, 127 and 128 lay out the responsibilities of society and the State toward workers with disabilities and the provision of financial assistance, as well as the framework for tax exemption, low interest loans for job training institutions and businesses that employ war veterans with disabilities and other regulations related to laborers with disabilities.

  8. 3.7 Social Services

    According to the report of MOLISA, 17.8% of persons with disabilities' income is from social allowances, while 69.37% is from the family, and the remainder from other sources.

    Table 6

    Number of Persons with Disabilities Receiving Social Assistance 1996-1999
    No. Indicator 1996 1997 1998 1999
    1 Persons with disabilities who receive living allowances in the community 469,657 483,236 486,833 493,194
    2 Persons with disabilities who are cared for at Social Assistance Centers 9,577 9,505 9,581 9,532
    3 Total number of persons with severe disabilities 1,295,700 1,297,695 1,300,000 1,305,000

    Source: Project VIE/98/039 (MOLISA)

    Persons with severe disabilities are provided with a Health Insurance Certificate, which exempts them from fees for health checkups and treatment.

    However, the provision of this service has its catch, since persons with severe disabilities often do not come to public medical centers for health care and the reduction or exemption of medical fees is not valid in private medical institutions.

    Most public infrastructure facilities do not provide access for persons with disabilities. Barrier-free access regulations and standards are not yet applied to offices, residential buildings, roads, etc. Through mass media programs and national campaigns initiated by the Government, positive attitudes towards persons with disabilities are being shaped and moving forward. However, negative attitudes towards persons with disabilities still exist, for instance, the long-held perception that sees persons with disabilities as medical cases and objects of charity.

    The Association of Sports for persons with disabilities in Vietnam was established in 1995 and has played an active role in motivating persons with disabilities to participate in a number of sporting activities. Several large events such as wheelchair races, sporting competitions for persons with disabilities, music performances, and painting exhibitions by persons with disabilities have been organized annually. However, participation of persons with disabilities in social activities is not equal; with the exception of visually-impaired persons, other persons with disabilities do not have associations to represent themselves and to claim equal rights. In addition to this, it is recognized that general and particular policies related to transportation and communication are inadequate.

    • Decision No. 167/QD-TTg dated April 8, 1994 and Decree No. 55/1999/ND-CP of July 10, 1999 on the social allowance scheme
      Legislated year: 1994, 1999

      Description: Monthly Allowance for Persons with Disabilities
      Decree No. 55/1999/ND-CP

      Persons with disabilities at communes and wardsVND 45,000
      Persons with disabilities at Social Assistance CenterVND 100,000
      Patients with intellectual disabilities at Social Assistance CenterVND 115,000

    • Decree No. 95/CP dated August 27, 1994\ Legislated year: 1994

      Description:

      1. Reduction or exemption of medical fees for persons with disabilities.
      2. Provision of a Health Insurance Certificate and exemptions from health checkup and treatment fees for persons with severe disabilities.

  9. 3.8 Medical Services, Rehabilitation and Assistive Devices

    The Vietnamese government is determined to provide benefits and assistance to people with disabilities by establishing a social securities system which emphasizes human development, poverty reduction, social integration and the improvement of living standards of the general population including disadvantaged people, such as displaced single elderly people, orphans, and persons with disabilities.

    There are governmental clinics nationwide to provide medical care and rehabilitation for persons with disabilities.

    In 1989, the Institute of Orthopedics and Rehabilitation, MOLISA, was established to study about the need of management and provide orthopedic devices to people with disabilities. Also, the Vietnam Rehabilitation Association has been established with 20 rehabilitation centers to provide prosthetic and orthotic devices.

    A survey released by MOLISA (1994-1995) found that 56% of persons with disabilities were in need of assistive devices but could not afford to pay for them, even though the Government of Vietnam has stated in a number of legal documents that they be provided free or the price be reduced by 30-50% for persons with disabilities. There are constraints as relevant ministries have a limited budget and insufficient manpower.

    As of 1999, Vietnam had 20 rehabilitation centers (14 centers run by MOLISA, 3 by DOLISA and 3 by MOH) and 54 provincial hospitals with rehabilitation-physiotherapy departments. At the same time, Vietnam had 34 hospitals which conducted rehabilitation services as a part of the army medical service system. In addition, there are also seven Peace Villages and one Friendship Village in Vietnam, which provide accommodation, food, medical treatment, and education for children with disabilities. According to the GSO's 1999 Yearbook, there are 112 sanatoriums managed by health authorities (MOH, DOH).

    Assistive devices are produced in 8 centers within the country; annually, approximately 20,000 devices are distributed through the orthopedic rehabilitation centers and workshops in each province. The Research Institute of Orthopedics and Rehabilitation has been established within MOLISA, providing orthopedic and rehabilitation services to persons with disabilities.

    The government offers low-interest loans to enterprises that produce auxiliary aids for persons with disabilities. There are also no import taxes on professional materials, assistive devices for persons with disabilities, tools and equipment for scientific research on persons with disabilities.

    Rehabilitation Development Project
    Legislated year: 2000-2010
    Description: Unknown.

  10. 3.9 Community Based Rehabilitation

    Forty provinces have carried out CBR activities through the network of Primary Health Care reaching the needs of many persons with disabilities at the grass-roots level. CBR suits Vietnam as it involves not only medical rehabilitation but also social and educational aspects which make it efficient and cost-effective.

    In response to the inappropriate and insufficient institutional services provided for persons with disabilities, the CBR approach was initiated in Vietnam in 1987 and has developed rapidly. Recognizing the achievements of CBR activities, the Government has adopted.

    CBR has a national strategy to cope with disability-related matters. Up to March 2001, 40 provinces were covered by this approach, while the remaining 21 provinces are still not covered. MOH estimated that 20-30 persons with disabilities in each community have received CBR. Physical rehabilitation is the central activity of CBR. Currently, there are about 10,000 CBR workers at the community level, excluding 800 CBR experts and trainers at the central and regional government levels.

    Finding solutions to the following problems raised by MOH are of high priority.

    • Lack of a committee to manage CBR programs.
    • Lack of linkages between regional development and CBR programs within the local government administration.
    • Low social recognition of CBR.
    • Little investment in training families of persons with disabilities.
    • Lack of an office to oversee research and management
    • Many financial problems.

  11. 3.10 Independent Living Movement

  12. 3.11 Public Awareness

  13. 3.12 Sports

  14. 3.13 Prevention

    Prevention of disability in Vietnam has been implemented through creating an awareness of the causes of disability and preventive measures using mass and printed media. Various programs, comprising of ante-pre-and neo-natal care, early child health care and extensive vaccination against diseases, have been carried out to prevent disability. Moreover, the Vietnamese government, is also executing nationwide programs to distribute iodized salt, supply clean and treated water and improve sanitary conditions. The clinical points are set in every commune and precinct to provide better care and treatment for common diseases and to prevent the spread of epidemic ones. Additionally, the laws on labor and transportation safety, sanitation, and environmental protection have been enacted.

    According to the disability survey conducted in 1994-1995 by MOLISA, more than one-third of all disabilities were caused by congenital defects, with other diseases accounting for nearly even proportions. War and war-related injuries accounted for about one-fifth of all relatively severe disabilities in Vietnam. Agent Orange has been a cause for over 1 million children with disabilities. The victims of Agent Orange are the second and third generations of the soldiers during the war; since Agent Orange remains in many former battlefields, the number of persons with disabilities affected continues to increase.

    Since most of the above causes are preventable, particularly diseases and accidents, the Government has undertaken measures to promote public awareness of disabilities. Several programs and campaign activities on the prevention of and causes of disabilities have been launched, such as the National Week on Work Safety, and the National Month on Traffic Safety. Other programs include: dissemination of information on food nutrition and sanitation, drug use and vaccination; management of weapons and explosive materials including unexploded bombs and landmines; provision of iodized salt; detection and management of congenital deformities. Vietnam also claimed a poliomyelitis immunization rate of 100% in mid-December 2000.

    The distribution of the causes of disabilities will continue to change over time. The decline in the number of war invalids, the rise in traffic accidents and diseases such as HIV-AIDS, the accelerating pace of aging due to declining fertility rates, and advances in life expectancy are all factors that may cause this change. The MOH is responsible for the prevention and early detection of disabilities and medical rehabilitation. These activities are included in three approaches, which are institution-based rehabilitation services, outreach rehabilitation services, and community-based rehabilitation (CBR) services.

Biwako Millennium Framework Seven Priority Areas:

  1. 3.14 Self-help Organizations of persons with disabilities and related family and parent associations

  2. 3.15 Women with Disabilities

  3. 3.16 Early Detection, Intervention and Education

    High per cent of disabled people in Vietnam are illiterate.

    Table 7

    Literacy Level of Persons with Disabilities
    No. Level Urban Area (%) Rural Area (%)
    1 Illiterate 26.6 36.9
    2 Literate 73.4 63.1
      (1) Primary school 23.2 26.5
      (2) Secondary school 26.0 21.5
      (3) High school 15.9 4.3
      (4) Other 8.3 10.8

    Source: MOLISA's Survey 1994-1995

    • Law on Universalization of Primary Education of Vietnam Legislated year: 1992

      Description:

      1. Stipulating provisions for children in extremely difficult circumstances
      2. Regulating provision of social welfare and scholarships for students and children with disabilities of war invalids.

    • Decision stipulating the provision of scholarships and social welfare to pupils in the public education system
      Legislated year: 1997

      Description: Regulating provision of social welfare and scholarship for pupils, students and children with disabilities of war invalids.

    • Decision ratifying the Vietnam National Program of Action for Children in the 2001-2010 period
      Legislated year: 2001

      Description: Articles 1 and 2 stipulate:

      1. Specific objectives on grassroots education for children (including children with disabilities), and
      2. Specific objectives on cultural and recreational activities for children (including children with disabilities) respectively

    • Program for children in the year 2010
      Legislated year: N/A

      Description: Targeting a literacy rate of 95% among children with disabilities

  4. 3.17 Training and Employment

    Most of the persons with disabilities in Vietnam are unable to have professional occupations. See table 8 for details.

    Table 8

    Profession Levels of Persons with Disabilities in Vietnam during 1994-1995
    No Profession Urban area (%) Rural area (%)
    1 No profession 93.04 98.35
    2 Technical workers 3.41 0.88
    3 High school professional 1.41 0.39
    4 College and university professional 2.14 0.38

    Source: MOLISA's Survey 1994-1995

    The Labor Code and other regulations stipulate in detail and guide the implementation of the Labor Code which states the support of the government for persons with disabilities. An annual budget has been allocated for vocational training, tax reductions for enterprises which employ persons with disabilities, low interest loans, and support for initial infrastructure, tax exemptions and low interest loans for vocational centers.

    Vietnam has enacted one law and three decrees and proposed an ordinance in 1993 to promote the rights of people with disabilities for employment and vocational training. These reforms resulted in people with disabilities being given Vocational training and being totally or partially exempted from paying training fees.

    Tax rebates are provided for institutions that provide training for people with disabilities and the government also giving them low-interest loans. In addition, these institutions are also granted land at choice locations to set up their training facilities. The government has set up educational facilities, purchased special training equipment and helped train personnel to teach at these institutions.

    Vocational training for people with disabilities in Vietnam is handled by 16 vocational training schools. Two of them are run by the MOLIDA and the other 14 vocational training schools are run by provincial authorities. Each year, there are about 1,500 trainees graduating from these schools. During 1993-1996, 3,500 trainees were trained by the 16 vocational schools. Besides, there are 72 more special schools that offer pre-vocational training programs for disabled people.

    Table 9

    Training Results for Children with Disabilities in 1998 and 1999
      1998 1999 Total Enrollment in 2 years Total Graduates in 2 years
    Field Number Enrolled Number of Graduates Number Enrolled Number of Graduates
    Tailoring 228 165 281 216 509 381
    Embroidering 40 35 0 0 40 35
    Wood processing 53 48 50 50 103 98
    Textiles 18 14 18 18 36 32
    Engineering 8 6 0 0 8 6
    Electronics 30 30 35 35 65 65
    Total         761 617

    Source: Institute of Labor Science and Social Affairs (MOLISA)

    Most graduates become tailors, carpenters, welders, mechanics, electricians, or electronics repairmen.

    Under the Labor Law, the administrative offices and business enterprises are required to employ disabled people, approximately 2-3 per cent of their total workforce. If they fail to do so or do not wish to employ disabled people, they must contribute financially to the employment fund of disabled people.

    These business enterprises are given tax rebates and can borrow low-interest loans. They are also given grants on infrastructure spending and offered land for their facilities at choice locations.

    For persons with disabilities, who want to become self-employed, there are low-interest loans available. They are also exempt from paying taxes and given free management and business consultations.

    The Labor Code, Section III
    Legislated year: 1994

    Description: Articles 125, 126, 127, and 128 regulate the responsibilities of society, and the State toward laborers who are disabled and the provision of financial assistance, tax reduction or exemption, low interest loans for job training institutions and business reserved for invalids and others regulations relating to laborers with disabilities.

  5. 3.18 Access to Built Environment and Public Transportation

  6. 3.19 Access to Information and Communication

    Currently, Vietnam has not yet had IT laws and policies for disabled people.

  7. 3.20 Poverty Alleviation through capacity-building, social security and sustainable livelihood programs

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