Decree No. 152/2018/ND-CP on certain regimes for coaches and athletes during concentrated training and competition periods

DECREE

PROVISIONS ON CERTAIN REGIMES FOR COACHES AND ATHLETES DURING CONCENTRATED TRAINING AND COMPETITIONS

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Physical Culture and Sports dated November 29, 2006;

Pursuant to the Labor Code dated June 18, 2012;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government promulgates this Decree stipulating certain regimes for coaches and athletes during concentrated training and competitions.

Article 1. Scope of Regulation

This Decree stipulates salaries; training and competition support payments; social insurance; health insurance; unemployment insurance; work injury and occupational disease insurance; insurance when training and competing abroad; and awards based on competition results for coaches and athletes during concentrated training and competitions.

Article 2. Applicability

1. Coaches and athletes who are Vietnamese citizens summoned according to the decision of competent authorities include:

a) Coaches, athletes of national teams, national junior teams receiving salaries from the state budget;

b) Coaches of national teams, national junior teams not receiving salaries from the state budget;

c) Athletes of national teams, national junior teams not receiving salaries from the state budget;

d) Athletes from national youth teams, industry, provincial, and centrally governed city talent teams not receiving salary from the state budget.

2. The agency or organization directly employing coaches and athletes for regular work or training and competition before being summoned for training and competition (hereinafter referred to as the coach and athlete management agency).

3. The agency or organization directly employing coaches and athletes after being summoned for training and competition (hereinafter referred to as the coach and athlete using agency).

The coach and athlete management agency may simultaneously be the coach and athlete using agency.

4. Other agencies, organizations, and individuals related to the implementation of the provisions of this Decree.

Article 3. Salaries and Training Support, Competition Support

1. The subjects specified in point a, Clause 1, Article 2 of this Decree shall enjoy wages as follows:

a) Receiving the full salary currently received (including basic salary and any allowances if applicable), paid by the coach and athlete management agency;

b) Receiving a supplementary amount in cases where the average salary specified in point a of Clause 1 of Article 2 of this Decree calculated based on the number of normal working days in a month is lower than the salary level specified in Clauses 2 and 3 of this Article.

The average salary based on the number of normal working days is determined by dividing the salary of the month immediately preceding the summoning of the coach or athlete for training and competition by 26 days.

2. The subjects specified in point b of Clause 1 of Article 2 of this Decree shall receive daily training and competition salary as follows:

a) Head coach of the national team: 505,000 VND/person/day;

b) Coach of the national team: 375,000 VND/person/day;

c) Head coach of the national youth team: 375,000 VND/person/day;

d) Coach of the national youth team: 270,000 VND/person/day;

đ) Coach of the industry, provincial, and centrally governed city team: 215,000 VND/person/day;

e) Coach of the industry, provincial, and centrally governed city youth team: 180,000 VND/person/day;

g) Coach of the industry, provincial, and centrally governed city talent team: 180,000 VND/person/day.

3. The subjects specified in point c of Clause 1 of Article 2 of this Decree shall receive daily training and competition salary as follows:

a) Athlete of the national team: 270,000 VND/person/day;

b) Athlete of the national youth team: 215,000 VND/person/day;

c) Athlete of the industry, provincial, and centrally governed city team: 180,000 VND/person/day.

4. The subjects specified in point d of Clause 1 of Article 2 of this Decree shall receive daily training and competition support payment as follows:

a) Athlete of the industry, provincial, and centrally governed city youth team: 75,000 VND/person/day;

b) Athlete of the industry, provincial, and centrally governed city talent team: 55,000 VND/person/day.

5. The subjects specified in Clauses 1, 2, 3, and 4 of this Article shall receive additional support payments for actual training and competition days exceeding 26 days in a month. The support payment amount is determined by multiplying the daily payment rate specified in Clauses 2, 3, and 4 of this Article by 200%.

Article 4. Participation in social insurance, health insurance, unemployment insurance, work injury insurance, and occupational disease insurance

Clause 1. The subjects specified in point a, Clause 1, Article 2 of this Decree shall continue to participate in social insurance; health insurance; unemployment insurance; work injury insurance, and occupational disease insurance according to their employment contracts at the management agencies for coaches and athletes during concentrated training and competition periods as prescribed by law.

Clause 2. The subjects specified in points b and c, Clause 1, Article 2 of this Decree, before being called up, if they are participating in mandatory social insurance, health insurance, unemployment insurance, and work injury insurance, and occupational disease insurance under their labor contracts with the management agencies for coaches and athletes, shall continue to participate in mandatory social insurance, health insurance, unemployment insurance, and work injury insurance, and occupational disease insurance at the management agencies for coaches and athletes during concentrated training and competition periods as prescribed by law.

The agencies employing coaches and athletes have the responsibility to transfer monthly the corresponding amounts within the responsibility of the employing agencies to the management agencies for coaches and athletes to pay social insurance, health insurance, unemployment insurance, work injury insurance, and occupational disease insurance for coaches and athletes during concentrated training and competition periods as prescribed by law.

Clause 3. The subjects specified in points b and c, Clause 1, Article 2 of this Decree, before being called up, if they are not subject to mandatory social insurance, unemployment insurance, and work injury insurance, and occupational disease insurance, the employing agencies for coaches and athletes shall enter into labor contracts and pay social insurance, unemployment insurance, and work injury insurance, and occupational disease insurance, and continue to pay health insurance according to the labor contracts with the employing agencies for coaches and athletes during concentrated training and competition periods as prescribed by law.

The monthly salary for paying insurance for these subjects is the daily salary stipulated in Clauses 2 and 3, Article 3 of this Decree multiplied by 26 days.

Clause 4. The subjects specified in point d, Clause 1, Article 2 of this Decree shall be provided with work injury insurance and occupational disease insurance by the employing agencies for athletes at the base salary level during concentrated training and competition periods as prescribed by law on work injury insurance and occupational disease insurance; if they have not participated in health insurance before being called up, they shall be provided with health insurance by the employing agencies for athletes as prescribed by law on health insurance.

Article 5. Regulations for Coaches and Athletes when Illness or Maternity Occur During Concentrated Training and Competition Periods

Clause 1. The subjects specified in points a, b, and c, Clause 1, Article 2 of this Decree, who are participants in social insurance when illness or maternity occur during concentrated training and competition periods, shall enjoy the following benefits:

Point a) Enjoy social insurance and health insurance benefits as prescribed by law for coaches and athletes participating in social insurance and health insurance;

Point b) Be reimbursed by the employing agencies for coaches and athletes for medical examination and treatment costs outside the scope of health insurance coverage and the level of health insurance benefits;

Point c) Receive support from the employing agencies for coaches and athletes at the difference level (if any) when the sickness allowance paid by the social insurance agency is lower than the daily payment level stipulated in Clauses 2 and 3, Article 3 of this Decree for coaches and athletes participating in social insurance.

Clause 2. The subjects specified in points a, b, and c, Clause 1, Article 2 of this Decree, who have not participated in social insurance or are not eligible for social insurance when illness or maternity occur during concentrated training and competition periods, shall enjoy the following benefits:

Point a) Enjoy health insurance benefits as prescribed by law;

Point b) Be reimbursed by the employing agencies for coaches and athletes for medical examination and treatment costs outside the scope of health insurance coverage and the level of health insurance benefits;

Point c) Receive support from the employing agencies for coaches and athletes at 50% of the daily payment level stipulated in Clauses 2 and 3, Article 3 of this Decree for sick leave days.

Clause 3. The subjects specified in point d, Clause 1, Article 2 of this Decree, when illness or maternity occur during concentrated training and competition periods, shall enjoy the following benefits:

Point a) Enjoy health insurance benefits as prescribed by law;

Point b) Be reimbursed by the employing agencies for athletes for medical examination and treatment costs outside the scope of health insurance coverage and the level of health insurance benefits;

Point c) Receive the full amount of support stipulated in Clause 4, Article 3 of this Decree for sick leave days.

Article 6. Treatment for coaches and athletes who suffer work-related accidents or occupational diseases during concentrated training or competition periods

1. Coaches and athletes who suffer work-related accidents or occupational diseases during concentrated training or competition periods shall enjoy the following benefits:

a) They shall be promptly provided with first aid and emergency care by the entity employing them, and temporarily advance the costs for such first aid and emergency care, treatment.

b) The entity employing them shall cover medical expenses from first aid and emergency care until stable recovery, including: paying the portion of shared payment costs and those not covered under the health insurance list for insured workers; paying examination fees to assess the degree of reduced working capacity for cases where the assessment concludes a reduction below 5% in working capacity, as referred by the employing entity to the Medical Examination Board; covering all medical expenses for coaches and athletes not participating in health insurance.

c) The entity employing them shall pay full salary and support payments as stipulated in Article 3 of this Decree when they must suspend training or competition during their treatment and rehabilitation period.

d) The entity employing them shall compensate or provide assistance and refer to medical examination according to the provisions of Clauses 4, 5, 6, and 7, Article 38, and Article 39 of the Labor Safety and Health Law for subjects specified in Points a, b, and c, Clause 1, Article 2 of this Decree; the athlete's employing entity shall provide financial support once equivalent to the level provided for students injured at work as stipulated in Clause 4, Article 33 of Government Decree No. 39/2016/NĐ-CP dated May 15, 2016 on detailed implementation of certain provisions of the Labor Safety and Health Law for subjects specified in Point d, Clause 1, Article 2 of this Decree who have suffered work-related accidents.

đ) They shall enjoy social insurance benefits regarding work-related accidents and occupational diseases as prescribed in Section 3, Chapter III of the Labor Safety and Health Law, similar to mandatory social insurance participants.

2. Coaches and athletes shall not receive benefits from the employing entity or management entity if the work-related accident falls within the causes specified in Article 40 of the Labor Safety and Health Law.

3. Coaches and athletes who are not subject to mandatory social insurance or mandatory work injury and occupational disease insurance and die during concentrated training or competition periods, or die during their initial treatment due to work-related accidents during training or competition, then the person handling funeral arrangements shall receive a one-time allowance equal to ten times the minimum wage, and the relatives of the coach or athlete shall receive a one-time support equal to thirty-six times the minimum wage at the month the coach or athlete died, paid by the employing entity.

4. The entity employing coaches and athletes shall be responsible for reporting, investigating, and reporting work-related accidents according to the provisions of Chapter III of Government Decree No. 39/2016/NĐ-CP dated May 15, 2016 detailing the implementation of certain provisions of the Labor Safety and Health Law.

Article 7. Insurance regime for coaches and athletes when training and competing abroad

Coaches and athletes when training and competing abroad shall purchase insurance in accordance with the provisions of the law.

Article 8. Monetary rewards for coaches and athletes who achieve results at international sports congresses and competitions

1. Athletes achieving results at international sports congresses and competitions shall receive prize money levels as set out in Appendix I attached to this Decree.

Group I, Group II, and Group III sports are defined based on the sports included in the competition program of the Olympic Games, Asian Games, and other international sports competitions.

2. Athletes who achieve results at world cup, Asian cup, and Southeast Asian cup competitions; world youth championships; Asian and Southeast Asian youth congresses and competitions shall be entitled to a reward equal to 50% of the reward stipulated for the corresponding congress or championship under Clause 1 of this Article.

3. Athletes who achieve results at world, Asian, and Southeast Asian youth championships with age limits shall be entitled to a maximum reward equal to 50% of the reward stipulated under Clause 1 of this Article, specifically as follows:

a) Sports competitions for athletes under 12 years old: the reward shall be 20% of the reward stipulated under Clause 1 of this Article;

b) Sports competitions for athletes from 12 to under 16 years old: the reward shall be 30% of the reward stipulated under Clause 1 of this Article;

c) Sports competitions for athletes from 16 to under 18 years old: the reward shall be 40% of the reward stipulated under Clause 1 of this Article;

d) Sports competitions for athletes from 18 to under 21 years old: the reward shall be 50% of the reward stipulated under Clause 1 of this Article.

4. Athletes who achieve results in team sports events shall be entitled to a reward equal to the number of people eligible for the reward according to the tournament regulations multiplied by the corresponding reward stipulated in Clauses 1, 2, and 3 of this Article.

5. Coaches directly training athletes who achieve results at international sports congresses and competitions shall be entitled to the following rewards:

a) Coaches directly training athletes who achieve results in individual events at international sports competitions shall be entitled to a common reward equal to the reward for athletes;

b) Coaches directly training teams that achieve results in team sports events at international sports competitions shall be entitled to a common reward equal to the reward for athletes who win the competition multiplied by the number of coaches, as follows: less than four athletes participating in the competition, the common reward calculated for one coach; from four to eight athletes participating in the competition, the common reward calculated for two coaches; from nine to twelve athletes participating in the competition, the common reward calculated for three coaches; from thirteen to fifteen athletes participating in the competition, the common reward calculated for four coaches; more than fifteen athletes participating in the competition, the common reward calculated for five coaches;

c) The distribution ratio of monetary rewards among coaches shall be implemented according to the principle: the coach directly training the team shall receive 60%, and the coach directly training the athlete before joining the team shall receive 40%;

6. For sports events where competition results are used to determine individual and team medals in the same event, starting from the second medal, the common reward for coaches and athletes shall be the number of people eligible for the reward multiplied by 50% of the corresponding reward stipulated in Clauses 1, 2, 3, and 4 of this Article.

7. Coaches and athletes who achieve results at international sports congresses and competitions for persons with disabilities shall be entitled to monetary rewards according to Appendix II issued together with this Decree. Coaches and athletes who achieve results at Asian and Southeast Asian youth disability championships, world, Asian, and Southeast Asian youth disability championships shall be entitled to a reward equal to 50% of the corresponding reward stipulated in this clause.

The number of coaches and athletes eligible for rewards at international sports congresses and competitions for persons with disabilities is stipulated in Clauses 4 and 5 of this Article.

For sports events where competition results are used to determine individual and team medals in the same event, starting from the second medal, the common reward for coaches and athletes with disabilities shall be the number of people multiplied by 50% of the corresponding reward stipulated in this clause.

Group I sports are those included in the competition program of the World Disability Games, and Group II sports are the remaining sports.

8. Coaches and athletes who achieve results at international sports congresses and competitions for high school and university students worldwide, in Asia, and in Southeast Asia shall be entitled to a reward equal to 30% of the reward stipulated in Clauses 1, 2, 3, 4, 5, and 6 of this Article.

9. The reward level for coaches and athletes of departments, provinces, and centrally-administered municipalities who achieve results at national sports congresses and championships is decided by the Minister, Head of a ministerial-level agency, Head of an agency under the Government, and Chairman of the People's Committee of a province or centrally-administered municipality in accordance with the law.

Article 9. Funding for Implementation

1. The funds allocated for the regimes stipulated in this Decree shall be arranged in the annual state budget for physical culture and sports according to the current state regulations on分级管理国家预算。

a) The Ministry of Culture, Sports and Tourism shall pay salaries, allowances, social insurance contributions, health insurance contributions, unemployment insurance contributions, work injury insurance contributions, occupational disease insurance contributions, training insurance contributions, competition insurance contributions abroad, medical examination and treatment costs, accident costs, subsidies, and compensation as prescribed for coaches and athletes of national teams and national youth teams; provide bonuses to coaches and athletes of national teams and national youth teams who achieve results at international sports events.

b) Ministries, sectors, People's Committees of provinces and centrally governed cities shall pay salaries, allowances, social insurance contributions, health insurance contributions, unemployment insurance contributions, work injury insurance contributions, occupational disease insurance contributions, training insurance contributions, competition insurance contributions abroad, medical examination and treatment costs, accident costs, subsidies, and compensation as prescribed for coaches and athletes under their management; provide bonuses to coaches and athletes who achieve results at national sports competitions and sports competitions organized by ministries, sectors, provinces, and centrally governed cities.

2. The Social Insurance Fund, Health Insurance Fund, Work Injury Insurance Fund, and Occupational Disease Insurance Fund shall ensure benefits for coaches and athletes within the scope of expenditure as stipulated in this Decree.

3. The preparation of budgets, budget execution, and settlement of accounts for implementing benefits for coaches and athletes as prescribed in this Decree shall be carried out in accordance with the provisions of the law.

4. The State encourages organizations, units, and individuals to mobilize other legitimate sources of funding to supplement support and encourage coaches and athletes during concentrated training and competition periods.

Article 10. Implementation Organization

1. Responsibilities of Ministries:

a) The Minister of Culture, Sports and Tourism shall specify the list of sports disciplines belonging to Groups I, II, and III; the categories of coaches and athletes eligible for monetary rewards upon achieving results at international sports events as prescribed in Article 8 of this Decree;

b) The Minister of Labor, Invalids, and Social Affairs shall detail the contents regarding salaries, training and competition allowances, social insurance, unemployment insurance, work injury insurance, occupational disease insurance; benefits for coaches and athletes when they are sick, on maternity leave, or suffer work injuries as prescribed in Articles 3, 4, 5, and 6 of this Decree.

2. Responsibilities of the coaching and athlete management agencies and the agencies employing coaches and athletes:

Implement employment contracts or labor contracts and benefits for coaches and athletes as prescribed in this Decree.

Article 11. Effective Date

1. This Decree takes effect from December 24, 2018.

2. Decision No. 32/2011/QD-TTg dated June 6, 2011, issued by the Prime Minister; Circular Joint No. 149/2012/TTLT-BTC-BLDTBXH-BVHTTDL dated September 12, 2012, issued by the Ministries of Finance, Labor, Invalids, and Social Affairs, Culture, Sports, and Tourism guiding the implementation of Decision No. 32/2011/QD-TTg dated June 6, 2011, issued by the Prime Minister shall cease to be effective from the date this Decree takes effect.

Article 12. Responsibility for Implementation

The Minister, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for enforcing this Decree./.