Circular No. 32/2015/TT-BLDTBXH guiding the management of labor and wages for Vietnam Television

CIRCULAR

Guidelines for labor management and wages for Vietnam Television.t s

_______________________

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Labor - Invalids and Social Affairs;

Pursuant to Decree No. 18/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of Vietnam Television; and Decree No. 72/2014/NĐ-CP dated July 22, 2014 of the Government amending and supplementing Article 3 of Decree No. 18/2008/NĐ-CP dated February 4, 2008 of the Government stipulating the functions, tasks, powers, and organizational structure of Vietnam Television;

Pursuant to Decree No. 50/2013/NĐ-CP dated May 14, 2013 of the Government stipulating labor management, wage, and bonus management for employees working in state-owned sole member companies;

At the proposal of the Director of the Department of Labor and Wages;

The Minister of Labor - Invalids and Social Affairs issues this Circular guiding labor management and wage management for Vietnam Television.

Article 1. Scope of Regulation

This Circular guides the management of labor, wage classification, wage allowances, determination of the wage fund, advance payment, and wage payment for employees, General Director, and Deputy General Directors of Vietnam Television.

Article 2. Applicability

1. Civil servants, public officials, and employees working under labor contracts of the Vietnam Television Station (hereinafter referred to collectively as employees);

2. General Director, Deputy General Director of Vietnam Television;

3. Other agencies, organizations, and individuals related to the implementation of the provisions of this Circular.

Article 3. Labor Management

1. For units performing research and training tasks, the General Director of Vietnam Television shall base on the job position plan established according to Decree No. 41/2012/NĐ-CP dated May 8, 2012 of the Government stipulating job positions in public service units, which has been approved, allocate annual labor plans for these units to recruit, utilize, and manage labor in accordance with the laws on civil servants and public officials.

2. For overseas resident offices of Vietnam Television, the General Director of Vietnam Television shall base on the functions, tasks, and organizational structure of each resident office, consider and decide the number, positions, criteria, and appoint civil servants and public officials to work for each overseas resident office for their term of office.

3. For remaining subordinate units (referred to as production and management units), based on the job position plan established according to Decree No. 41/2012/NĐ-CP dated May 8, 2012 of the Government stipulating job positions in public service units, which has been approved, the General Director of Vietnam Television shall establish, approve, and implement recruitment and utilization of labor in accordance with Article 3 and Article 4 of Circular No. 18/2013/TT-BLĐTBXH dated September 9, 2013 of the Ministry of Labor - Invalids and Social Affairs guiding Decree No. 50/2013/NĐ-CP dated May 14, 2013 of the Government stipulating labor management, wage, and bonus management for employees in state-owned sole member companies (hereinafter referred to as Circular No. 18/2013/TT-BLĐTBXH).

4. In the fourth quarter of each year, evaluate the implementation of the labor plan to build the next year's labor plan; in cases where recruitment exceeds the plan, leading to unemployed workers, they must be dismissed or their employment contracts terminated, and full benefits must be provided to the workers in accordance with relevant laws.

The General Director, Deputy General Director, and employees shall implement wage classification and wage allowances as prescribed in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on salary system for cadres, civil servants, public officials, and armed forces.

Article 5. The planned payroll fund, unit labor cost, advance payment of wages, and actual payroll fund for the production and management sector

1. The wages of the General Director and Deputy General Directors are included in the payroll fund of the production and management sector and are reflected as a separate item in the annual financial report of Vietnam Television.

2. Vietnam Television determines the planned payroll fund, unit labor cost, advance payment of wages, and actual payroll fund for the production and management sector in accordance with Articles 5, 6, 7, Clause 1, Clause 2 of Article 8, and Article 9, Section 3 of Circular No. 18/2013/TT-BLDTBXH.

3. When determining the planned payroll fund, actual payroll fund, and advance payment of wages under Clause 2 of this Article, Vietnam Television shall determine the average labor productivity index and profit as follows:

a) The average labor productivity index (implemented in the year or implemented according to the preceding year) calculated based on total revenue minus total expenses excluding wages divided by the average number of workers employed during the year, including the General Director and Deputy General Directors.

b) The profit index (implemented in the year or implemented according to the preceding year) is replaced by the revenue coverage ratio index.

c) The planned average wage level and the actual average wage level are determined based on the actual average wage level of the preceding year, labor productivity, and the revenue coverage ratio compared to the implementation of the preceding year as follows:

- If revenue covers costs and labor productivity increases compared to the previous year's implementation, the average wage will increase;

- If revenue covers costs but labor productivity does not increase compared to the previous year's implementation, the maximum average wage will be equal to the actual average wage of the previous year;

- If revenue does not cover expenses, the average wage level must be reduced to ensure revenue covers expenses, at a minimum equal to the salary and allowance coefficient stipulated in Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government regarding the wage system for cadres, civil servants, public officials, and armed forces personnel corresponding to the basic wage level prescribed by the Government.

4. When determining the actual payroll fund in accordance with Clauses 2 and 3 of this Article, Vietnam Television must ensure the following conditions: successfully completing the political tasks assigned by the Party and State; preserving and developing state capital; paying taxes to the state budget in accordance with the provisions of the law.

Article 6. Exclusion of Objective Factors in Determining the Wage Fund for Production and Management Units

1. Objective factors affecting the revenue coverage ratio and labor productivity in the year are excluded when determining the planned payroll fund and actual payroll fund for the production and management sector if there is a document from the competent authority regarding tax incentives for corporate income tax, accelerated depreciation compared to the legal provisions on finance; producing news and television programs serving the political tasks of the Party and State; implementing social welfare programs as directed by the Prime Minister.

2. Excluding objective factors under Clause 1 of this Article is carried out in accordance with the principle stipulated in Point a, Clause 3, Article 8 of Circular No. 18/2013/TT-BLDTBXH.

Article 7. Distribution of Wages for Production and Management Units

1. Vietnam Television sets up a reserve fund and establishes a wage regulation in accordance with Clause 1 and Clause 2 of Article 10 of Circular No. 18/2013/TT-BLDTBXH.

2. The wage regulation under Clause 1 of this Article must ensure that the average increase in wages actually implemented by the General Director and Deputy General Directors does not exceed the average increase in wages actually implemented by workers in the production and management sector.

3. Based on the actual payroll fund for the production and management sector and the wage regulation, Vietnam Television implements wage payments for workers in the production and management sector and the General Director and Deputy General Directors.

Article 8. Determination of wages, advance payment of wages, and distribution of wages for employees of units performing research and training tasks and agencies permanently stationed abroad

1. The determination of wages, advance payment of wages, and distribution of wages for employees of units performing research and training tasks shall be determined in accordance with the provisions of Government Decree No. 16/2015/NĐ-CP dated February 14, 2015 on the mechanism of autonomy for public service units and guiding documents implementing the Decree.

2. The determination of wages, advance payment of wages, and distribution of wages for employees of agencies permanently stationed abroad shall be determined in accordance with the provisions of Government Decrees No. 157/2005/NĐ-CP dated December 23, 2005, and No. 48/2012/NĐ-CP dated June 4, 2012 on certain regulations for officials and civil servants working on overseas missions at Vietnamese agencies abroad and guiding documents implementing the Decrees.

Article 9. Responsibilities of the General Director of Vietnam Television

1. Review labor norms to establish and approve annual labor utilization plans.

2. Evaluate the situation of labor utilization; establish and issue recruitment and labor utilization regulations and organize labor recruitment in accordance with the regulations.

3. Examine and decide on the wage fund of the previous year linked to production and business performance indicators before March 31 each year.

4. Approve the wage fund of the previous year, the planned wage fund of the year (accompanied by Form No. 2 and No. 3 according to Circular No. 18/2013/TT-BLDTBXH) and send it to the Ministry of Labor - War Invalids and Social Affairs and the Ministry of Finance before March 31 each year.

5. Decide on the establishment of unit wage rates, the ratio of wage reserve funds, the level of advance wage fund, and the allocation of the wage fund to member units to pay wages to employees before March 31 each year.

6. Approve the wage payment regulations of Vietnam Television (including the General Director, Deputy General Directors, and employees) after receiving opinions from the Ministry of Labor - War Invalids and Social Affairs and the Ministry of Finance.

7. Report to the Ministry of Labor - War Invalids and Social Affairs on the implementation of labor management and wages in accordance with this Circular before March 31 each year.

Article 10. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

Provide opinions on the wage payment regulations of Vietnam Television; take the lead and coordinate with the Ministry of Finance to receive, inspect, and supervise the implementation of labor utilization plans, planned wage funds, actual wage funds, and wage payment regulations of Vietnam Television in accordance with this Circular.

Article 11. Responsibilities of the Ministry of Finance

Provide opinions on the wage payment regulations of Vietnam Television; coordinate with the Ministry of Labor - War Invalids and Social Affairs to receive, inspect, and supervise the implementation of labor utilization plans, planned wage funds, actual wage funds, and wage payment regulations of Vietnam Television in accordance with this Circular.

Article 12. Effective Date

This Circular takes effect from October 20, 2015. The provisions of this Circular shall be implemented from January 1, 2015.

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