Joint Circular No. 149/2012/TTLT-BTC-BLDTBXH-BVHTTDL guiding the implementation of Decision No. 32/2011/QD-TTg dated June 6, 2011 of the Prime Minister on certain regimes for sports coaches and athletes concentrated for training and competition.

JOINT CIRCULAR

Guidelines for implementing Decision No. 32/2011/QD-TTg dated June 6, 2011 of the Government on certain benefits for sports coaches and athletes participating in training and competition.

Pursuant to Decision No. 32/2011/QD-TTg dated June 6, 2011 of the Government on certain benefits for sports coaches and athletes participating in training and competition;

được tập trung huấn luyện và thi đấu

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Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decree No. 186/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - War Invalids and Social Affairs;

Pursuant to Decree No. 185/2007/NĐ-CP dated December 25, 2007 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

The Minister of Finance; the Minister of Labor, Invalids and Social Affairs; the Minister of Culture, Sports and Tourism shall provide guidelines for implementing Decision No. 32/2011/QD-TTg dated June 6, 2011 of the Government on certain benefits for sports coaches and athletes participating in training and competition (hereinafter referred to as Decision No. 32/2011/QD-TTg).

This Circular provides guidelines for implementing the salary, social insurance, health insurance, one-time allowance, accident compensation, and bonuses for sports coaches and athletes participating in training and competition as stipulated in Decision No. 32/2011/QD-TTg.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. The salary, social insurance, health insurance, one-time allowance, and accident compensation stipulated in this Circular apply to Vietnamese sports coaches and athletes belonging to national teams; national youth teams; provincial, municipal, and central ministry teams, youth teams, and talent teams during their concentrated training (practice, coaching) and competition periods as decided by competent authorities.

Article 2. Applicability

2. The bonus stipulated in this Circular applies to sports coaches and athletes belonging to national teams; national youth teams; provincial, municipal, and central ministry teams, youth teams, and talent teams who achieve results in competitions at domestic and international sports events.

3. The head of the authority with the power to convene the team includes:

a) The Director of the General Department of Physical Training and Sports (for sports coaches and athletes belonging to national teams and national youth teams);

b) The Minister, Head of a Ministry-level agency, or member of the Government (for sports coaches and athletes belonging to ministry-level teams, youth teams, and talent teams);

c) The Director of the Department of Culture, Sports and Tourism of provinces and centrally-administered cities (for sports coaches and athletes belonging to provincial and municipal teams, youth teams, and talent teams).

Some terms used in this Circular are understood as follows:

Article 3. Explanation of Terms

1) The management agency or organization of sports coaches and athletes is the agency or organization where sports coaches and athletes are recruited to work or regularly train before being called up to join sports teams at various levels (hereinafter referred to as the management agency).

2) The using agency or organization of sports coaches and athletes is the agency or organization directly managing and utilizing sports coaches and athletes during their training and competition periods at various levels of sports teams according to the decision of the competent authority. The management agency or organization of sports coaches and athletes may simultaneously be the using agency or organization (hereinafter referred to as the using agency).

SALARY REGIME

Chapter II

CHẾ ĐỘ PHÍA TRƯỚC

Article 4. Remuneration for coaches and athletes not receiving salary from the state budget

Coaches and athletes not receiving salary from the state budget shall be paid remuneration in cash on a daily basis during concentrated training and competition periods according to the level specified in Clause 1 of Article 1 of Decision No. 32/2011/QĐ-TTg.

Article 5. Remuneration for coaches and athletes receiving salary from the state budget

1. During concentrated training and competition periods, coaches and athletes shall receive their full salary (specialized vocational salary and salary allowances if applicable) at the management unit of coaches and athletes. In cases where the daily salary of coaches and athletes is lower than the remuneration level prescribed in Clause 1 of Article 1 of Decision No. 32/2011/QĐ-TTg, the employing unit shall pay the difference to ensure that the remuneration is equivalent to the level prescribed in Clause 1 of Article 1 of Decision No. 32/2011/QĐ-TTg. The daily salary of coaches and athletes is determined by dividing the monthly salary immediately preceding the period when they are called for concentrated training and competition by 22 days (the standard number of working days in a month).

2. In cases where the actual number of training and competition days exceeds the standard number of working days in a month (more than 22 days/month), the employing unit shall pay remuneration at the level prescribed in Clause 1 of Article 1 of Decision No. 32/2011/QĐ-TTg for the excess days over the standard number of working days in a month.

3. The additional payment due to the difference between the daily salary and the remuneration prescribed in Clause 1 and the remuneration for the actual number of training and competition days exceeding the standard number of working days in a month as stipulated in Sub-clauses 2 of this Article shall not be used to calculate contributions and benefits under health insurance, social insurance, and unemployment insurance.

Example 1: Coach A is a coach at the Sports Center of Province T, currently classified in the coaching grade (code 18.181) with a salary coefficient of 3.66. Coach A was decided by the Director-General of the General Department of Sports to be called for concentrated national team training at the National Sports Training Center in Hanoi for one month with a training schedule of 26 days/month. Therefore, Coach A's remuneration during the concentrated training period is as follows:

a) Receiving full salary during the concentrated training period paid by the Sports Center of Province T (current salary coefficient multiplied by the general minimum wage) is: 3.66 x 1,050,000 VND = 3,843,000 VND.

b) The difference due to the daily salary being lower than the remuneration for national team coaches as prescribed in Clause 1 of Article 1 of Decision No. 32/2011/QĐ-TTg, paid by the National Sports Training Center in Hanoi is:

200,000 VND - (1,050,000 VND x 3.66)/22 days = 25,318.18 VND/day

c) Remuneration for the excess training days over the standard number of working days in a month (04 days) paid by the National Sports Training Center in Hanoi is:

200,000 VND x 04 days = 800,000 VND

Thus, the total amount paid by the National Sports Training Center in Hanoi to Coach A for one month of training (26 days) is:

(25,318.18 VND x 22 days) + (200,000 VND x 4 days) = 1,357,000 VND.

Chapter III

SOCIAL INSURANCE REGIME, HEALTH INSURANCE REGIME, ONCE-OFF ALLOWANCE REGIME

Article 6. Treatment for coaches and athletes participating in mandatory social insurance, unemployment insurance, and mandatory health insurance

1. For coaches and athletes receiving salaries from the state budget during concentrated training and competition periods, the coaching management agency still has the responsibility to deduct and pay social insurance, health insurance, and unemployment insurance contributions as prescribed.

2. For coaches and athletes not receiving salaries from the state budget during concentrated training and competition periods, the employing agency has the responsibility to transfer the amount of funds to the coaching management agency for payment of social insurance, health insurance, and unemployment insurance contributions as prescribed (including both the employer's and employee's share of contributions).

3. Coaches and athletes shall enjoy social insurance, health insurance, and unemployment insurance benefits as prescribed by law. The employing agency has the responsibility to coordinate with the coaching management agency in handling social insurance, unemployment insurance, and health insurance benefits as prescribed.

Article 7. Treatment for coaches and athletes not participating in mandatory social insurance and mandatory health insurance

Coaches and athletes who are not required to participate in mandatory social insurance and mandatory health insurance during concentrated training and competition periods, if they fall ill or suffer accidents leading to cessation of training or competition, or death, shall be handled by the employing agency as follows:

1. In cases where coaches and athletes fall ill or implement family planning measures, they shall be reimbursed for all medical examination and treatment costs and shall receive a subsidy equal to seventy-five percent of the stipulated wage level as provided in Article 1 of Decision No. 32/2011/QD-TTg for days off due to illness or implementation of family planning measures.

2. In cases where coaches and athletes suffer accidents while training or competing, they shall be reimbursed for all medical expenses from initial first aid through stable treatment and shall receive a subsidy equal to one hundred percent of the stipulated wage level as provided in Article 1 of Decision No. 32/2011/QD-TTg for days of treatment.

After the injury of coaches and athletes has been stabilized, the employing agency has the responsibility to refer them for labor capacity assessment. If coaches and athletes suffer a reduction in labor capacity of five percent or more due to an accident, they shall receive a one-time allowance. The level of the one-time allowance is specified as follows:

a) A reduction of five percent in labor capacity entitles them to five months of the general minimum wage, and for each additional one percent reduction, they are entitled to an additional half month of the general minimum wage.

b) In addition to the allowance specified in point a of this clause, they also receive an additional allowance calculated based on their time as concentrated coaches or athletes (if there are interruptions, they are accumulated), up to one year (twelve months or less) is calculated at half a month of wages (daily wage x 26 days), and for each additional year thereafter, an additional three-tenths of a month of wages is added.

3. If coaches and athletes die during concentrated training or competition, the person responsible for burial shall receive a funeral allowance equivalent to ten months of the general minimum wage.

In cases where coaches and athletes die due to accidents during training or competition, or die during the initial treatment period due to accidents during training or competition, in addition to the funeral allowance, relatives shall receive a one-time allowance equivalent to thirty-six months of the general minimum wage.

Article 8. One-time Allowance

Coaches and athletes who are not subject to mandatory social insurance when they cease being coaches or athletes (upon the end of their career as top-level coaches or athletes) shall be entitled to a one-time allowance. For each year (12 months) spent as a concentrated coach or athlete (if there are interruptions, they will be cumulatively calculated), they shall receive 1.5 months (26 days/month) of pre-cessation salary, but at least two months' salary.

When cumulatively calculating the time spent as a coach or athlete (including time spent as a provincial, sectoral, or national-level coach or athlete) for the purpose of receiving the one-time allowance as stipulated in this Article, if the period is less than three months, it will not be counted; if it is from three months up to six months, it will be counted as half a year; and if it exceeds six months up to twelve months, it will be counted as a full year.

Example 2: National team athlete Tran Van E, who is not subject to mandatory social insurance, has been summoned for concentrated training and competition by authorized agencies as follows: 7 years with the provincial team (each year summoned for 6 months); 2 years and 3 months continuously with the national team. Upon ceasing his career as an athlete, Tran Van E will be entitled to the following one-time allowance calculation:

- The period eligible for the one-time allowance:

(7 years x 6 months) + 27 months = 69 months

Equivalent to 5 years, 9 months. Rounded off to 6 years.

- The monthly salary before ceasing to be a national team athlete is:

150,000 VND/person/day x 26 days = 3,900,000 VND

- The total amount of the one-time allowance is:

3,900,000 VND x 9 months = 35,100,000 VND

Chapter IV

COMPENSATION REGIME FOR ACCIDENTS

Article 9. Reporting, Investigating Accidents and Responsibility for Implementing Compensation Regime for Victims

1. In case coaches or athletes suffer accidents or death during training or competition within the country, the reporting and investigation of such accidents shall be carried out as follows:

a) In cases of fatal accidents, the employing agency shall report to the Public Security Office of the district and the Labor Inspectorate of the Department of Labor, Invalids and Social Affairs of the province or centrally-administered city where the accident occurred, for investigation according to Circular Joint No. 12/2012/TTLT-BLDTBXH-BYT dated May 21, 2012 issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health on guiding the reporting, investigation, statistics, and reporting of work-related accidents.

b) In other cases of accidents, the employing agency shall organize the investigation and reporting according to Circular Joint No. 12/2012/TTLT-BLDTBXH-BYT dated May 21, 2012 issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health on guiding the reporting, investigation, statistics, and reporting of work-related accidents.

2. In case coaches or athletes suffer accidents or death during training or competition abroad, the Head of the Sports Team shall be responsible for organizing the investigation and preparing a record that clearly identifies the cause of the accident and the responsibility of related organizations and individuals; providing relevant files and materials concerning the accident to the Labor Inspectorate of the Department of Labor, Invalids and Social Affairs of the province or centrally-administered city where the managing agency of the coaches or athletes has its main office or where the coaches or athletes reside (if the coaches or athletes are not subject to mandatory social insurance or health insurance) for consideration and preparation of an accident investigation record according to Circular Joint No. 12/2012/TTLT-BLDTBXH-BYT dated May 21, 2012 issued by the Ministry of Labor, Invalids and Social Affairs and the Ministry of Health on guiding the reporting, investigation, statistics, and reporting of work-related accidents.

3. The results of the accident investigation serve as the basis for determining responsibility and calculating compensation levels for coaches or athletes who have suffered accidents or for the relatives of coaches or athletes who have died due to accidents.

4. The employing agency of coaches or athletes shall take the lead and coordinate with the managing agency of coaches or athletes to implement the compensation regime for coaches or athletes who have suffered accidents or for the relatives of coaches or athletes who have died due to accidents.

Article 10. Compensation for Accidents

1. Coaches and athletes who receive state budget salaries while training or competing and die or suffer accidents resulting in a reduction in work capacity of 5% or more shall be compensated once at the minimum level specified in sub-item a, b Point 1, Clause 4, Article 1 of Decree No. 110/2002/NĐ-CP dated December 27, 2002 of the Government on amending and supplementing certain provisions of Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code regarding occupational safety and labor hygiene.

The salary basis for calculating compensation is the average salary (including professional and vocational wages and allowances if any) of the six consecutive months immediately preceding the call-up for concentrated training and competition of the coaches and athletes.

2. Coaches and athletes who are subject to mandatory social insurance, unemployment insurance, and mandatory health insurance, and do not receive state budget salaries while training or competing, and die or suffer accidents resulting in a reduction in work capacity of 5% or more, shall be compensated once at the minimum level specified in sub-item a, b Point 1, Clause 4, Article 1 of Decree No. 110/2002/NĐ-CP dated December 27, 2002 of the Government on amending and supplementing certain provisions of Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code regarding occupational safety and labor hygiene.

The salary basis for calculating compensation is the average salary according to the contract between the coaches and athletes and the managing agency (including professional and vocational wages and allowances if any) of the six consecutive months immediately preceding the call-up for concentrated training and competition of the coaches and athletes.

If the wage and allowance (if any) exceed the maximum monthly wage for social insurance contributions as stipulated by the law on social insurance at the time of the accident, then the maximum monthly wage for social insurance contributions stipulated at the time of the accident shall be used as the basis for calculating the compensation amount.

3. Coaches and athletes who do not receive state budget salaries and are not subject to mandatory social insurance while training or competing, and die or suffer accidents resulting in a reduction in work capacity of 5% or more, shall be compensated once at the maximum level specified in sub-item a, b Point 1, Clause 4, Article 1 of Decree No. 110/2002/NĐ-CP dated December 27, 2002 of the Government on amending and supplementing certain provisions of Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code regarding occupational safety and labor hygiene.

The salary basis for calculating compensation is the daily remuneration as stipulated in Clause 1, Article 1 of Decision No. 32/2011/QĐ-TTg of the Prime Minister multiplied by 26 days.

4. In cases where the working period of coaches and athletes as stipulated in Clause 1, Clause 2 of this Article is less than six months, the salary of the month immediately preceding the call-up for concentrated training and competition of the coaches and athletes shall be used to calculate the compensation.

5. Coaches and athletes participating in mandatory social insurance who suffer accidents or death during training or competition, in addition to the accident compensation regime prescribed in this Article, also enjoy the social insurance benefits for workplace accidents as stipulated by the law on social insurance.

Chapter V

AWARD PRIZE MONEY

Article 11. Rewards for athletes participating in international competitions

Athletes who achieve results at international competitions shall be entitled to monetary rewards as stipulated in Clause 1, Article 3 of Decision No. 32/2011/QĐ-TTg.

Sports disciplines belonging to Group I and Group II shall be defined by the Ministry of Culture, Sports and Tourism based on sports disciplines included in the competition programs of the Summer and Winter Olympics held most recently.

Article 12. Rewards for athletes participating in international youth competitions

Athletes who achieve results at Southeast Asian, Asian, and world youth championships shall be rewarded according to the following levels:

1) For sports events for athletes under 12 years old: the reward amount is 20% of the corresponding reward level as stipulated in Clause 1, Article 3 of Decision No. 32/2011/QĐ-TTg.

2) For sports events for athletes from 12 to under 16 years old: the reward amount is 30% of the corresponding reward level as stipulated in Clause 1, Article 3 of Decision No. 32/2011/QĐ-TTg.

3) For sports events for athletes from 16 to under 18 years old: the reward amount is 40% of the corresponding reward level as stipulated in Clause 1, Article 3 of Decision No. 32/2011/QĐ-TTg.

4) For sports events for athletes from 18 to under 21 years old: the reward amount is 50% of the corresponding reward level as stipulated in Clause 1, Article 3 of Decision No. 32/2011/QĐ-TTg.

Article 13. Rewards for coaches participating in international competitions and international youth competitions

1) For individual competitions: Coaches directly training athletes who achieve results in competitions shall be entitled to a total reward calculated based on the athlete's reward level. The distribution ratio of the reward shall follow the principle that the coach directly coaching the national team receives 60%, while the coach directly training the athlete before joining the national team receives 40%.

2) For team competitions: Coaches directly training teams achieving results in competitions shall be entitled to a total reward equal to the number of coaches specified multiplied by the corresponding reward level for the winning athlete.

The number of coaches eligible for rewards shall be determined as follows:

- For teams with sports disciplines requiring participation of 2 to 5 athletes: the total reward is calculated for 1 coach.

- For teams with sports disciplines requiring participation of 6 to 12 athletes: the total reward is calculated for 2 coaches.

- For teams with sports disciplines requiring participation of 13 athletes or more: the total reward is calculated for 3 coaches.

3) For team sports: The total reward for coaches is the number of coaches specified in Clause 2 of this Article multiplied by 50% of the corresponding reward level.

Article 14. Rewards for athletes and coaches participating in international student competitions

Coaches and athletes who achieve results at world, Asian, and Southeast Asian student sports competitions shall be entitled to rewards equivalent to 30% of the levels stipulated in Clauses 1, 2, 3, 4, and 5 of Article 3 of Decision No. 32/2011/QĐ-TTg dated June 6, 2011, issued by the Prime Minister.

Article 15. Rewards for athletes and coaches at national competitions

The specific reward amounts for coaches and athletes when breaking records or winning gold, silver, and bronze medals at the National Sports Games, the National Championships, and the National Youth Championships shall be decided by the People's Committees of provinces and centrally-administered cities and the relevant ministries and sectors managing those athletes.

Article 16. Rewards for team sports

For team sports, the total reward amount equals the number of participants in the team sport multiplied by the corresponding reward amount.

Example 3: The Vietnam National Football Team, consisting of 18 registered players, won a silver medal at the 26th Southeast Asian Games (SEAGames). The total reward for the Vietnam National Football Team is:

25,000,000 VND x 18 people = 450,000,000 VND.

Example 4: The Rowing Team, comprising 4 athletes, won a gold medal in the four-person rowing event at the Southeast Asian Rowing Championship. The total reward for this rowing team is:

40,000,000 VND x 4 people = 160,000,000 VND.

Article 17. Rewards for team sports events

For team sports events where individual and team achievements are determined in the same competition, the number of athletes eligible for rewards upon achieving results is stipulated in the competition regulations. The total reward amount equals the number of athletes multiplied by 50% of the corresponding reward amount.

Example 5: Three athletes, Do Van A, Nguyen Van B, and Le Van C, won a gold medal in the three-position rifle shooting event at the Southeast Asian Shooting Championship. The total reward for these athletes is:

40,000,000 VND x 50% x 3 people = 60,000,000 VND.

Chapter VI

RESPONSIBILITIES AND FUNDS FOR PAYMENTS

Article 18. Responsibilities of the Ministry of Culture, Sports and Tourism

The Ministry of Culture, Sports and Tourism shall pay salaries, social insurance contributions, health insurance contributions, medical examination and treatment fees, accident compensation, and other allowances to coaches and athletes belonging to national teams and youth teams according to the provisions of this Circular from the annual state budget allocated for physical culture and sports. The Ministry of Culture, Sports and Tourism shall also pay rewards to coaches and athletes of national teams and youth teams who achieve competition results at international sports competitions as stipulated in this Circular.

Article 19. Responsibilities of Provincial People's Committees and Municipal People's Committees under Central Government

The People's Committees of provinces and centrally-administered cities shall pay salaries, social insurance contributions, health insurance contributions, medical examination and treatment fees, accident compensation, and other allowances to coaches and athletes belonging to provincial teams, youth teams, and talent development teams under their management according to the provisions of this Circular from the annual local state budget allocated for physical culture and sports. They shall also pay rewards to coaches and athletes who achieve competition results at national competitions and provincial competitions as stipulated in this Circular.

Article 20. Responsibilities of central ministries and sectors

Central ministries and sectors shall pay salaries, social insurance contributions, health insurance contributions, medical examination and treatment fees, accident compensation, and other allowances to coaches and athletes belonging to teams, youth teams, and talent development teams under their management according to the provisions of this Circular. They shall also pay rewards to coaches and athletes who achieve competition results at national competitions and sector-level competitions as stipulated in this Circular.

Article 21. Sources of Funding for Implementation

The sources of funding for the regimes stipulated in this Circular for the subjects specified herein shall be allocated within the annual state budget for sports affairs according to the current state budget classification. The agency responsible for deciding to convene coaches and athletes shall be responsible for allocating the funding source for implementing the regime stipulated in this Circular for coaches and athletes during the period of convening.

Specifically, the funding for implementing the regime stipulated for national teams, junior national teams, and talent development teams in production and business sectors shall be balanced from production and business costs, profits as prescribed by law, and other lawful revenues to ensure coverage; the state budget will not provide support. Based on the legitimate operating funds of the national teams, production and business sectors may decide on higher or lower expenditure levels than those prescribed in this Circular.

Article 22. Management and Use of Funding

The work of building, implementing the budget estimate, and reporting the final account for funding for the implementation of the regime for sports coaches and athletes shall be carried out in accordance with the current provisions of the State Budget Law and guiding documents thereof. The Ministry of Culture, Sports and Tourism, relevant ministries, sectors, and People's Committees of provinces and centrally-administered cities have the responsibility to manage and use state budget funding correctly according to the regime and the target group, ensuring effectiveness.

Article 23. Encouragement of Revenue Sources

The State encourages sports federations, associations, and management and utilization agencies of coaches and athletes to exploit lawful revenue sources to supplement salaries, bonuses, medical allowances, occupational injury allowances, and other benefits and policies for coaches and athletes.

Chapter VII

IMPLEMENTATION

Article 24. Effective Date

This Circular takes effect from October 27, 2012, and replaces Joint Circular No. 34/2007/TTLT-BTC-BLDTBXH-UBTDTT dated April 9, 2007, issued by the Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, and the Sports Committee guiding the implementation of Decision No. 234/2006/QD-TTg dated October 18, 2006, of the Prime Minister regarding certain regimes for sports coaches and athletes.

The regimes prescribed in this Circular shall apply from July 22, 2011.

During the implementation process, if there are any difficulties, they should be promptly reported to the relevant ministries for study and resolution./.