Circular No. 18/2019/TT-BLDTBXH guides the implementation of salaries, training support, competition support, social insurance, unemployment insurance, work injury insurance, occupational disease insurance, sick leave benefits, maternity leave benefits, and work injury benefits for coaches and athletes during concentrated training and competitions.

CIRCULAR

Guidelines for implementing salaries, training support, competition support, social insurance, unemployment insurance, work injury insurance, occupational disease insurance, sick leave benefits, maternity benefits, and work injury benefits for coaches and athletes during concentrated training and competition periods

  Pursuant to Decree No. 14/2017/ND-CP dated February 17, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor, Invalids, and Social Affairs;

  Pursuant to Decree No. 152/2018/ND-CP dated November 7, 2018 of the Government stipulating certain benefits for coaches and athletes during concentrated training and competition periods;

  At the proposal of the Director of the Directorate of Labor Relations and Wages;

  The Minister of Labor, Invalids, and Social Affairs issues this Circular guiding the implementation of salaries, training support, competition support, social insurance, unemployment insurance, work injury insurance, occupational disease insurance, sick leave benefits, maternity benefits, and work injury benefits for coaches and athletes during concentrated training and competition periods.

Article 1. Scope of Regulation

This Circular guides the implementation of salaries, training support, competition support, participation in social insurance, unemployment insurance, work injury insurance, occupational disease insurance, sick leave benefits, maternity benefits, and work injury benefits for coaches and athletes during concentrated training and competition periods as prescribed in Article 3, Article 4, Article 5, and Article 6 of Decree No. 152/2018/ND-CP dated November 7, 2018 of the Government stipulating certain benefits for coaches and athletes during concentrated training and competition periods (hereinafter referred to as Decree No. 152/2018/ND-CP).

Article 2. Applicability

1. Coaches and athletes as defined in Clause 1, Article 2 of Decree No. 152/2018/ND-CP.

2. Management agencies of coaches and athletes as defined in Clause 2, Article 2 of Decree No. 152/2018/ND-CP.

3. Agencies employing coaches and athletes as defined in Clause 3, Article 2 of Decree No. 152/2018/ND-CP.

4. Other organizations, entities, and individuals related to the implementation of the provisions of this Circular.

Article 3. Salaries and Training Support, Competition Support

1. For coaches and athletes as defined in point a, Clause 1, Article 2 of Decree No. 152/2018/ND-CP who are currently receiving salaries from the state budget, they shall be entitled to the following salaries:

a) They shall receive their full salary as prescribed in point a, Clause 1, Article 3 of Decree No. 152/2018/ND-CP.

b) In cases where the daily salary of the coach or athlete in the month immediately preceding the call-up for training and competition is lower than the corresponding daily salary prescribed in Clause 2 and Clause 3, Article 3 of Decree No. 152/2018/ND-CP, they shall be entitled to a supplementary amount equal to the difference between their previous monthly daily salary and the prescribed daily salary in Clause 2 and Clause 3, Article 3 of Decree No. 152/2018/ND-CP multiplied by the actual number of days spent on training and competition in that month.

c) In cases where the actual number of days spent on concentrated training and competition in a month exceeds 26 days, they shall be entitled to an additional amount equal to the prescribed daily salary in point a of this clause divided by 26 days multiplied by the excess number of days.

The salary paid to the coach or athlete in a month shall be determined by adding the salary prescribed in point a of this clause to any supplementary amounts prescribed in points b and c of this clause. If the actual number of days spent on concentrated training and competition exceeds 26 days, they shall also be entitled to additional support as prescribed in Clause 3 of this article.

Example 1: Coach Nguyen Van A of the Sports Center of Province T, from November 1, 2019, was assigned a coaching rank with a coefficient of 3.66, with a current monthly salary of 5,453,400 VND (3.66 x 1,490,000 VND). Coach Nguyen Van A was called up to join the national team at the National Sports Training Center in Hanoi, with a training and competition period of three months starting from December 1, 2019. The actual number of training days in December 2019 for Coach Nguyen Van A was 27 days. The salary of Coach Nguyen Van A in December 2019 is calculated as follows:

He receives his full monthly salary from the Sports Center of Province T, which is 5,453,400 VND.

The daily salary of Coach Nguyen Van A in November 2019 is 209,746 VND/day (5,453,400 VND/26 days), which is lower than the daily salary prescribed for the position of national team coach in point b, Clause 2, Article 3 of Decree No. 152/2018/ND-CP, which is 165,254 VND (375,000 VND - 209,746 VND). Accordingly, Coach Nguyen Van A is entitled to a supplementary amount based on the actual number of days spent on concentrated training and competition in December 2019, which is 4,461,858 VND (165,254 VND x 27 days).

Coach Nguyen Van A has one day exceeding 26 days of actual concentrated training and competition, thus he is entitled to an additional amount of 209,746 VND (209,746 VND x 1 day).

The total salary for December 2019 for Coach Nguyen Van A is 10,125,004 VND (5,453,400 VND + 4,461,858 VND + 209,746 VND). Additionally, Coach Nguyen Van A is entitled to the additional support as stated in Example 3 of Clause 3 of Article 3 of this Circular.

2. For coaches and athletes as defined in points b, c, and d, Clause 1, Article 2 of Decree No. 152/2018/ND-CP, they shall be entitled to salaries or support corresponding to each position based on the actual number of days spent on concentrated training and competition as prescribed in Clause 2, Clause 3, and Clause 4, Article 3 of Decree No. 152/2018/ND-CP.

Example 2: Athlete Tran Thi B was called up by the competent authority to train and compete for the provincial youth team for two months starting from December 1, 2019. The actual number of training and competition days in December 2019 for Athlete Tran Thi B was 26 days. The support for Athlete Tran Thi B in December 2019 is 1,950,000 VND (75,000 VND/day x 26 days).

3. Coaches and athletes specified in Clause 1 and Clause 2 of this Article who have more than 26 days of concentrated training and competition in a month shall, in addition to salaries and support payments stipulated in Clause 1 and Clause 2 of this Article, also receive additional support payments for the actual number of days exceeding 26 days in that month. The amount of such support payment shall be equal to the daily salary or support payment rate prescribed in Clause 2, Clause 3, and Clause 4 of Article 3 of Decree No. 152/2018/ND-CP multiplied by 200% and then multiplied by the actual number of days exceeding 26 days.

Example 3: In Example 1, Coach Nguyen Van A had 27 days (exceeding 01 day) of concentrated training and competition in December 2019. Accordingly, Coach Nguyen Van A will receive an additional support payment of 750,000 VND (375,000 VND/day x 200% x 01 day).

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

1. For coaches and athletes specified in point a of Clause 1 of Article 2 of Decree No. 152/2018/ND-CP, the coaching and athlete management agency shall continue their participation in social insurance, unemployment insurance, work injury insurance, and occupational disease insurance according to Clause 1 of Article 4 of Decree No. 152/2018/ND-CP.

2. For coaches and athletes specified in points b and c of Clause 1 of Article 2 of Decree No. 152/2018/ND-CP, before being called for training and competition, if they are participating in mandatory social insurance, unemployment insurance, work injury insurance, and occupational disease insurance under their labor contracts with the coaching and athlete management agency, their participation in mandatory social insurance, unemployment insurance, work injury insurance, and occupational disease insurance shall be as follows:

a) The coaching and athlete management agency shall continue to participate in social insurance, unemployment insurance, work injury insurance, and occupational disease insurance for coaches and athletes under their labor contracts with the coaching and athlete management agency during the period of concentrated training and competition according to the law.

b) The coaching and athlete management agency shall notify the employing agency about the monthly social insurance, unemployment insurance, work injury insurance, and occupational disease insurance contributions for coaches and athletes and the portion of these contributions that are the responsibility of the coaches and athletes so that the employing agency can transfer the amounts as follows:

If the number of days of concentrated training and competition in a month is less than or equal to 50% of the normal working days in that month according to the labor contract, the amount transferred by the employing agency shall be 50% of the monthly social insurance, unemployment insurance, work injury insurance, and occupational disease insurance contributions made by the coaching and athlete management agency.

If the number of days of concentrated training and competition in a month exceeds 50% of the normal working days in that month according to the labor contract, the amount transferred by the employing agency shall be equal to the monthly social insurance, unemployment insurance, work injury insurance, and occupational disease insurance contributions made by the coaching and athlete management agency.

c) Within ten working days from the date of receipt of the notification from the coaching and athlete management agency, the employing agency shall be responsible for transferring the portion of the social insurance, unemployment insurance, work injury insurance, and occupational disease insurance contributions that are its responsibility; at the same time, deduct from the salaries of coaches and athletes the portion of the social insurance and unemployment insurance contributions that are their responsibility and transfer them to the coaching and athlete management agency.

d) The time and method of transferring the social insurance, unemployment insurance, work injury insurance, and occupational disease insurance contributions as stipulated in point b and point c of this Clause shall be agreed upon by the management agency and the employing agency, but must ensure compliance with the regulations on participation in and enjoyment of insurance benefits for athletes and coaches.

3. For coaches and athletes specified in points b and c of Clause 1 of Article 2 of Decree No. 152/2018/ND-CP, before being called for training and competition, if they do not belong to the category required to participate in mandatory social insurance, unemployment insurance, work injury insurance, and occupational disease insurance, the employing agency shall be responsible for concluding labor contracts and participating in mandatory social insurance, unemployment insurance, work injury insurance, and occupational disease insurance for coaches and athletes according to the law.

4. Athletes specified in point d of Clause 1 of Article 2 of Decree No. 152/2018/ND-CP shall implement the work injury insurance and occupational disease insurance regime as prescribed in Clause 4 of Article 4 of Decree No. 152/2018/ND-CP.

Article 5. Treatment for coaches and athletes when they are sick, on maternity leave, involved in work accidents, or suffer from occupational diseases during concentrated training and competition periods.

1. Coaches and athletes who are sick or on maternity leave during concentrated training and competition periods shall enjoy benefits as prescribed in Article 5 of Decree No. 152/2018/ND-CP.

2. Coaches and athletes who are involved in work accidents or suffer from occupational diseases during concentrated training and competition periods shall enjoy the following benefits:

a) The entity employing the coaches and athletes shall implement the provisions set out in points a, b, d, and đ of Clause 1, Clause 2, and Clause 3 of Article 6 of Decree No. 152/2018/ND-CP.

b) The entity employing the coaches and athletes shall pay full salary and support stipulated in Article 3 of Decree No. 152/2018/ND-CP to the coaches and athletes when they must stop training or competing due to treatment and recovery from work-related injuries or occupational diseases.

In cases where the concentrated training and competition period ends but the coaches and athletes still need to continue their rest for treatment and recovery from work-related injuries or occupational diseases that occurred during the training and competition period, the employing entity shall continue to pay full salary and support stipulated in Article 3 of Decree No. 152/2018/ND-CP to the coaches and athletes until their condition stabilizes, but not exceeding six months from the date of the accident or disease occurrence. Calculation of salary and support paid to coaches and athletes during the treatment and recovery period shall be carried out according to the regulations during the concentrated training and competition period as specified in this Circular.

Article 6. Effectiveness

1. This Circular takes effect from December 23, 2019.

2. The provisions of this Circular shall apply from December 24, 2018 (the date Decree No. 152/2018/ND-CP took effect). During implementation, if there are any difficulties, entities and units are requested to report to the Ministry of Labor - Invalids and Social Affairs for timely guidance and supplementation.

During the implementation process, if there are any difficulties, agencies and units are requested to report to the Ministry of Labor, Invalids, and Social Affairs for timely supplementary guidance.