Decision No. 124/2005/QĐ-TTg on financial regime for the public service broadcasting activities of Vietnam Television for the period 2005-2007

DECISION

Regulations on financial regime for public service activities of Vietnam Television

in the period 2005-2007

PRIME MINISTER

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Pursuant to the State Budget Law number 01/2002/QH11 dated December 16, 2002;

Pursuant to Decree No. 96/2003/NĐ-CP dated August 20, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of Vietnam Television and the Government's regulations on financial regimes applicable to units with income;

At the proposal of the Minister of Finance and the General Director of Vietnam Television,

DECISION:

Article 1. The financial regime for public service television activities of Vietnam Television in the period 2005-2007 is hereby prescribed.

Article 2. The implementation of the financial regime for public service television activities of Vietnam Television as stipulated in this Decision must ensure the following purposes and requirements:

1. To fulfill well the political tasks of Vietnam Television as prescribed by the State.

2. To reform the operational mechanism, labor management mechanism, and management and utilization of operating funds to enhance efficiency and quality of work; practice thrift and combat waste to create conditions for investment in development, increase income, improve living standards of cadres and staff, and link responsibility with the interests of cadres and staff of Vietnam Television in professional activities.

3. To promote scientific organization and arrangement of work, streamline the organizational structure, and enhance the effectiveness of operations in fulfilling assigned tasks.

4. To comply with the provisions of the Press Law and the Law Amending and Supplementing Certain Provisions of the Press Law.

5. To implement transparency and democracy in accordance with the law.

Article 3. Regarding the use of personnel establishment and labor.

1. Vietnam Television may proactively use the number of positions allocated by the competent authority; arrange and manage labor in accordance with its functions and tasks under the Civil Servants Ordinance and the Ordinance Amending and Supplementing Certain Provisions of the Civil Servants Ordinance; implement reduction of personnel establishment according to the policy of the State.

2. Vietnam Television may recruit and hire labor in accordance with the Labor Code and within the financial capacity of the Television Station, ensuring equality of rights and obligations of workers and fulfilling assigned tasks well.

Article 4. Regarding the financial regime.

1. Sources of finance:

a) Revenue from advertising and other services after paying value-added tax (VAT).

b) Financial support from organizations and individuals both inside and outside the country, and other sources of funds as prescribed by law.

2. Contents of expenditure:

Expenditure for public service television activities includes expenditure for implementing assigned political tasks by the State; expenditure for advertising and other service activities; and other related expenditures as prescribed. Vietnam Television may proactively allocate funds for these expenditure items within the financial resources of Vietnam Television as stipulated in Clause 1 of Article 4 of this Decision. Vietnam Television may include the following contents in the expenditure for public service television activities:

- Wages, salaries, allowances, and other items of similar nature.

- Operational expenses serving professional work.

- Purchase of materials, goods, regular maintenance, major repairs of assets, equipment serving work.

- Depreciation of fixed assets used in public service television activities of the Television Station. The rate of depreciation shall be applied according to current regulations for units with income.

- Other expenses (if any).

3. Establishment and use of funds:

a) Annually, based on the results of financial activities, after covering all costs, fulfilling tax obligations and other obligations as prescribed; the surplus revenue over expenditure of Vietnam Television may establish the following funds:

- Fund for developing public service activities.

- Fund for stabilizing income.

- Reward Fund and Welfare Fund. The level of establishing these funds shall be decided by the General Director of Vietnam Television on the basis of ensuring the financial resources to implement the plan for developing public service television activities of the Television Station and in coordination with the trade union organization. Among them, the maximum level of establishing the reward fund and welfare fund shall not exceed three months' average actual salary and income of the year.

b) Vietnam Television may use these funds in accordance with the Government's regulations on financial regimes applicable to units with income. This includes investment in construction of material infrastructure for projects in Groups B and C.

Any remaining funds from the above sources that are not used in the year may be carried forward to the next year for continued use.

4. In addition to the financial resources for implementing the financial regime as stipulated in Clause 1 of Article 4 of this Decision, Vietnam Television shall receive state budget funding for the following tasks:

a) Centralized state investment in basic construction projects (projects in Group A).

b) Program-targeted national expenditure.

c) State-level scientific research programs.

d) Training according to the program and plan of the State.

The preparation of state budget estimates, compliance with the state budget, and settlement of the state budget for the aforementioned financial resources as stipulated in Clause 4 of Article 4 of this Decision shall be implemented in accordance with the State Budget Law and relevant current laws.

Article 5. Vietnam Television may apply the current regulations of the State on wage and income regimes for state-owned enterprises to determine the payment of wages, salaries, and income for cadres and staff (including contractual employees) of the Television Station.

Article 6. Vietnam Television has the responsibility to build and implement a system of norms and internal expenditure regulations suitable for the characteristics of the Television Station and the regulations of the State within the financial resources of Vietnam Television as stipulated in Clause 1 of Article 4 of this Decision.

Article 7. The Ministry of Labor, Invalids, and Social Affairs shall take the lead and coordinate with relevant agencies to guide the management of wages and income for Vietnam Television.

Article 8. This Decision takes effect fifteen days from the date of publication in the Official Gazette.

These provisions in this Decision shall be applied from the 2005 fiscal year to the end of 2007.

Article 9. The Minister of Finance, the Minister of Planning and Investment, the Minister of Home Affairs, the Minister of Labor, Invalids and Social Affairs, the Minister of Culture and Information, the General Director of Vietnam Television, and the Heads of relevant agencies shall be responsible for implementing this Decision.