Joint Circular No. 34/2007/TTLT/BTC-BLDTBXH-UBTDTT guiding the implementation of Decision No. 234/2006/QD-TTg dated October 18, 2006 of the Prime Minister on certain regimes for coaches and athletes in sports.

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING DECREE NO. 234/2006/QD-TTg OF OCTOBER 18, 2006 ISSUED BY THE PRIME MINISTER ON CERTAIN REGIMES FOR COACHES AND ATHLETES

Pursuant to Decree No. 60/2003/NĐ-CP dated June 6, 2003 of the Government detailing and guiding the implementation of the Law on State Budget;
Pursuant to Decree No. 110/2002/NĐ-CP dated December 27, 2002 of the Government on amending and supplementing certain articles of Decree No. 06/CP dated January 20, 1995 of the Government detailing certain provisions of the Labor Code on occupational safety and health;
On the basis of Decision No. 234/2006/QĐ-TTg dated October 18, 2006 of the Prime Minister on certain regimes for coaches and athletes;
The Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, and the National Sport Committee hereby provide guidelines for implementing certain regimes for coaches and athletes as stipulated in Decision No. 234/2006/QĐ-TTg dated October 18, 2006 of the Prime Minister (hereinafter referred to collectively as Decision No. 234/2006/QĐ-TTg) as follows:

I. GENERAL PROVISIONS

1. These Circulars guide the implementation of wage regimes; social insurance and health insurance regimes; work injury compensation regimes; and bonus regimes for coaches and athletes as stipulated in Decision No. 234/2006/QĐ-TTg. The regimes for coaches and athletes stipulated in these Circulars shall be applied from the date Decision No. 234/2006/QĐ-TTg takes effect.

2. The subjects to which this applies are coaches and athletes belonging to national teams; national junior teams; provincial and central city teams, junior teams, and talent development teams during their training and competition periods as decided by competent authorities. Specifically:

a) The National Sport Committee decides the list, time of training and competition for coaches and athletes belonging to national teams and national junior teams;

b) Central ministries and sectors decide the list, time of training and competition for coaches and athletes belonging to sectoral teams and junior teams;

c) Provincial Sports Departments decide the list, time of training and competition for coaches and athletes belonging to provincial and central city teams, junior teams, and talent development teams.

3. The construction, compliance with budget estimates for implementing regimes for coaches and athletes shall be carried out in accordance with current regulations of the State Budget Law and related guiding documents. The National Sport Committee, central ministries and sectors, and People's Committees of provinces and centrally-administered cities are responsible for managing and using state budget funds in accordance with the regime, correct subjects, and ensuring effectiveness.

4. Some terms used in these Circulars are understood as follows:

a) Management agency or organization of coaches and athletes refers to the agency or organization where coaches and athletes are recruited to work or regularly train and compete before being called up to sports teams at various levels.

b) Using agency or organization of coaches and athletes refers to the agency or organization directly managing and utilizing coaches and athletes during their training and competition periods at various levels' sports teams as decided by competent authorities. The management agency or organization of coaches and athletes may simultaneously be the using agency or organization.

II. WAGE REGIME

1. Coaches and athletes who are Vietnamese citizens and do not receive salaries from the state budget: Shall be paid wages by the using agency or organization of coaches and athletes according to the daily rate during the concentrated training and competition period as prescribed in Clause 1, Article 1 of Decision No. 234/2006/QĐ-TTg.

2. Coaches and athletes who receive salaries from the state budget:

a) During the training and competition period, they shall receive full salary at the management agency or organization of coaches and athletes. In cases where the daily salary of coaches and athletes is lower than the wage prescribed in Clause 1, Article 1 of Decision No. 234/2006/QĐ-TTg, the using agency or organization of coaches and athletes shall pay the difference to ensure parity with the prescribed wage in Clause 1, Article 1 of Decision No. 234/2006/QĐ-TTg. The daily salary of coaches and athletes is determined by dividing the monthly salary by 22 days (the standard number of working days in a month).

b) In cases where the actual training and competition period exceeds the standard number of working days in a month (more than 22 days/month), the using agency or organization of coaches and athletes shall pay wages at the rate prescribed in Clause 1, Article 1 of Decision No. 234/2006/QĐ-TTg for the excess days.

The difference between salary and wage paid for the excess working days as stipulated in points a and b, Clause 2, Section II of these Circulars shall not be used to calculate contributions and benefits under health insurance and social insurance regimes.

Example 1: Coach A is a staff member of the Province T Sports Center, classified in the coaching grade (code 18.181) with a current salary coefficient of 3.66. Coach A was decided by the National Sport Committee to be called up for concentrated training and competition for the national team at the National Sports Training Center I. Coach A will receive full salary during the concentrated period, paid by the Province T Sports Center. Additionally, Coach A will receive the difference between salary and the wage prescribed in Clause 1, Article 1 of Decision No. 234/2006/QĐ-TTg. Specifically:

- The daily salary of Coach A is:

(3.66 x 450,000 VND)/22 days = 74,863 VND/day

- The National Sports Training Center I will pay the difference as follows:

100,000 VND/day - 74,863 VND/day = 25,137 VND/day

If coach A implements a training regimen of 26 days/month, then the National Sports Training Center I shall pay the difference allowance and salary for a month of training as follows:

25,137 VND x 22 days + 100,000 VND x 4 days = 935,014 VND.

III. SOCIAL INSURANCE AND HEALTH INSURANCE REGIME

1. For coaches and athletes receiving salaries from the state budget: During the period of concentrated training and competition, the management agency of coaches and athletes shall be responsible for deducting and paying social insurance and health insurance premiums for coaches and athletes according to current laws on social insurance and health insurance. Coaches and athletes shall enjoy all social insurance and health insurance benefits as prescribed.

2. For coaches and athletes not receiving salaries from the state budget but working at agencies, enterprises, or organizations subject to mandatory insurance: During the period of concentrated training and competition, the agency or organization employing the coaches and athletes shall transfer funds to the management agency of coaches and athletes to pay social insurance and health insurance premiums according to laws on social insurance and health insurance. Coaches and athletes shall enjoy all social insurance and health insurance benefits as prescribed.

3. For coaches and athletes not subject to social insurance and health insurance under the provisions of laws on social insurance and health insurance: During the period of concentrated training and competition, if they fall ill and need to rest from training or competition, or suffer accidents or death, they shall be compensated as follows:

a) In case of illness or family planning measures: They shall be paid the full cost of medical examination and treatment (based on the hospital fee as the basis for health insurance payment) and shall receive sick leave compensation equal to 75% of their current salary during the days off due to illness or family planning measures.

b) In case of work-related accidents:

- They shall be paid the full cost of medical expenses from first aid to stable treatment (based on the hospital fee as the basis for health insurance payment) and shall receive compensation equal to 100% of their current salary during the days of treatment.

- After stable treatment, if their ability to work is reduced by 5% or more, they shall be compensated once according to the degree of reduction in their ability to work, specifically as follows: a 5% reduction in ability to work entitles them to receive five months of the minimum wage, and for each additional 1% reduction, they will receive an additional half month of the minimum wage; additionally, they will receive a one-time compensation based on their time as a coach or athlete: up to one year (12 months) they will receive half a month's salary, and for each additional year, they will receive an additional three-tenths of a month's salary.

In cases of illness or accidents resulting in absence from work due to self-harm, drunkenness, or drug use, they shall not be entitled to compensation as stipulated in points a and b of this clause.

c) When coaches and athletes cease to be coaches or athletes, they shall receive a one-time compensation. For each year (12 months) of concentrated coaching or athletic service (if there are interruptions, they are counted cumulatively), they shall receive 1.5 months (26 days/month) of their previous salary upon termination, but not less than two months' salary.

When calculating cumulative time as a coach or athlete (including time as a provincial, sectoral, or national-level coach or athlete) to determine entitlements under Clause 3, Section III of this Circular, if the period is less than three months, it is not counted; if it is between three and six months, it is counted as half a year; if it exceeds six months but does not reach twelve months, it is counted as a full year.

Example 3:

Athlete Tran Van E is not subject to mandatory social insurance, with the following periods of concentrated training and competition organized by authorized agencies: seven years at the provincial team level (each year, six months); two years and three months continuously at the national team level. Upon ceasing to be an athlete, Tran Van E shall be entitled to one-time compensation calculated as follows:

- The period eligible for one-time compensation:

7 years x 6 months + 27 months = 69 months

Corresponding to 5 years and 9 months. Rounded to 6 years.

- Entitled to one-time compensation equal to nine months' salary (the salary when serving as a national team athlete is 70,000 VND/person/day):

70,000 VND x 26 days x 6 years x 1.5 months = 16,380,000 VND.

d) If coaches or athletes die, the person handling funeral arrangements shall receive funeral compensation as prescribed for those subject to mandatory social insurance under social insurance laws.

If coaches or athletes die due to work-related accidents during training or competition, or die within the initial treatment period due to accidents during training or competition, in addition to funeral compensation, relatives shall receive a one-time compensation of 24 months of the minimum wage if they died before January 1, 2007; or 36 months of the minimum wage if they died on or after January 1, 2007.

IV. WORK-RELATED ACCIDENT COMPENSATION REGIME

1. In addition to the social insurance and health insurance regimes prescribed in Section III above, coaches and athletes who suffer accidents or death during concentrated training and competition shall be compensated once according to Clause 4, Article 1 of Decree No. 110/2002/ND-CP dated December 27, 2002 of the Government amending and supplementing certain articles of Decree No. 06/CP dated January 20, 1995 of the Government detailing and guiding some Articles of the Labor Code on occupational safety and labor hygiene. Specifically as follows:

a) One-time compensation equal to 30 months' salary and allowances (if any) for coaches and athletes whose ability to work is reduced by 81% or more, or for the relatives of workers who die due to accidents not caused by the negligence of the coaches or athletes. In cases where the accident is caused by the negligence of the coaches or athletes, they shall be compensated equal to 12 months' salary.

b) Compensation at 1.5 months' salary (as stipulated in Clause 1, Article 1 of Decision No. 234/2006/QĐ-TTg) for coaches and athletes whose work capacity is reduced from 5% to 10%; if the work capacity reduction exceeds 10% but is less than 81%, an additional compensation of 0.4 months' salary will be provided for each additional 1% increase, provided that the accident is not directly caused by the coach or athlete. In cases where the accident is directly caused by the coach or athlete, compensation shall be 40% of the corresponding amount mentioned above.

2. When accidents occur during training or competition, the organization or entity using coaches and athletes must prepare a record detailing the course of events, extent of injury, level of damage, cause, and responsibility for the accident; this record must be signed by representatives of the organization or entity using the coaches and athletes, the competition organizing committee (in competitions), or witnesses.

V. REMUNERATION REGIME

1. Athletes who achieve results in international competitions (Southeast Asian Games; Southeast Asian Championships in individual sports; Asian Games; Asian Indoor Games; Asian Championships in individual sports, Cups, and Best Athlete in Asia; World Championships in individual sports, Cups, and Best Athlete in the World; Olympic Games): The level of reward is as specified in Clause 1, Article 3 of Decision No. 234/2006/QĐ-TTg.

The Minister in charge of the Sports Management Committee shall specify in detail the sports categories I and II based on the sports included in the program of the most recent Summer and Winter Olympics.

2. Athletes who achieve results in competitions for the Southeast Asian Youth Championships, Asian Youth Championships, and World Youth Championships shall be rewarded according to the following levels:

a) Sports events for athletes under 12 years old: The reward level is 20% of the corresponding reward level specified in Clause 1, Section V of this Circular.

b) Sports events for athletes aged 12 to under 16 years old: The reward level is 30% of the corresponding reward level specified in Clause 1, Section V of this Circular.

c) Sports events for athletes aged 16 to under 18 years old: The reward level is 40% of the corresponding reward level specified in Clause 1, Section V of this Circular.

d) Sports events for athletes aged 18 to under 21 years old: The reward level is 50% of the corresponding reward level specified in Clause 1, Section V of this Circular.

3. Athletes who achieve results in national championships or National Physical Culture and Sports Games, the rewards are defined as follows:

a) Gold medal: Not exceeding 5 million VND;

b) Silver medal: Not exceeding 3 million VND;

c) Bronze medal: Not exceeding 2 million VND.

Athletes who break national records shall be rewarded not exceeding 5 million VND.

4. Athletes who achieve results in national youth championships shall be rewarded with a maximum amount equal to 50% of the reward level specified in Clause 3, Section V of this Circular. The reward level is defined according to age, specifically as follows:

a) National youth sports championships for athletes under 12 years old: The maximum reward level is 20% of the corresponding reward level specified in Clause 3, Section V of this Circular.

b) National youth sports championships for athletes aged 12 to under 16 years old: The maximum reward level is 30% of the corresponding reward level specified in Clause 3, Section V of this Circular.

c) National youth sports championships for athletes aged 16 to under 18 years old: The maximum reward level is 40% of the corresponding reward level specified in Clause 3, Section V of this Circular.

d) National youth sports championships for athletes aged 18 to under 21 years old: The maximum reward level is 50% of the corresponding reward level specified in Clause 3, Section V of this Circular.

5. The specific reward level for athletes when breaking records or achieving gold, silver, and bronze medals in national championships and national youth championships is determined by the People's Committees of provinces and centrally-administered cities and relevant ministries and sectors managing those athletes, but it shall not exceed the maximum reward level specified in Clauses 3 and 4 of Section V of this Circular.

6. For team sports, the total reward is calculated by multiplying the number of participants in the team sport by the corresponding reward level.

Example 4: The Vietnam National Football Team Male consists of 18 athletes participating in the 23rd Southeast Asian Games and won a silver medal. The total reward for the Vietnam National Football Team Male is:

18 people x 15,000,000 VND = 270,000,000 VND.

Example 5: The rowing team consisting of 4 athletes won a gold medal in the four-person rowing event at the Southeast Asian Rowing Championship. The total reward for this team is:

25,000,000 VND x 04 people = 100,000,000 VND.

7. For team sports with individual and team competition components (where individual and team achievements are determined in the same event), the number of athletes eligible for rewards upon achieving results is determined according to the regulations of the competition. The total reward is calculated by multiplying the number of athletes by 50% of the corresponding reward level.

Example 6: Three athletes: Do Van A, Nguyen Van B, 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:

25,000,000 VND x 50% x 3 people = 37,500,000 VND.

8. Reward regime for coaches:

a) For individual competitions: Coaches directly training athletes who achieve results in competitions shall receive a total reward equivalent to that of the athletes. The distribution ratio of the reward is implemented according to the principle: The direct coach of the team receives 60%, while the coach who trained the athlete before joining the team receives 40%.

b) For team competitions: Coaches directly training teams that achieve results in competitions shall receive a total reward equivalent to the number of coaches multiplied by the corresponding reward level for athletes who win awards.

The number of coaches eligible for rewards is defined as follows:

- For teams in sports with regulations allowing participation of 2 to 5 athletes: The total reward is calculated for 1 coach.

- For teams in sports with regulations stipulating participation of 6 to 12 athletes: The total award amount is calculated for two coaches.

- For teams in sports with regulations stipulating participation of 13 athletes or more: The total award amount is calculated for three coaches.

c) For team sports: The total award amount for coaches is equal to the number of coaches specified in point b, Clause 8, Section V of this Circular multiplied by 50% of the corresponding award amount.

9. Coaches and athletes who achieve results at Southeast Asian, Asian, world Paralympic Games, and national mass sports competitions are awarded 50% of the corresponding award amounts prescribed in this Circular.

VI. RESPONSIBILITIES AND FUNDS FOR PAYMENTS

1. The Sports Committee pays 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 junior national teams; awards money to coaches and athletes from national teams and junior national teams who achieve results at international sports competitions according to the provisions of this Circular from the annual state budget allocated for physical culture and sports activities of the Sports Committee.

2. Provincial People's Committees 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, junior provincial teams, and talent provincial teams managed by the provincial People's Committees; awards money to coaches and athletes who achieve results at national competitions and provincial competitions according to the provisions of this Circular from the annual state budget allocated for physical culture and sports activities of the locality.

3. Central ministries and sectors pay salaries, social insurance contributions, health insurance contributions, medical examination and treatment fees, accident compensation, and other allowances to coaches and athletes belonging to central teams, junior central teams, and talent central teams managed by the respective ministries and sectors; awards money to coaches and athletes who achieve results at national competitions and sectoral competitions according to the provisions of this Circular.

4. The funds for implementing the benefits for the subjects prescribed in this Circular are allocated within the annual state budget for physical culture and sports activities according to the current state budget classification. The agency responsible for convening coaches and athletes shall be responsible for allocating the funds to implement the benefits prescribed in this Circular for coaches and athletes during the period of their convocation.

Specifically, the funds for implementing the benefits prescribed for central teams, junior central teams, and talent central teams under production and business sectors are balanced from production and business costs, profits according to the law, and other legitimate sources to ensure funding; the state budget does not provide support. Based on the legitimate operating funds of the teams, production and business sectors may decide on higher or lower expenditure levels than those prescribed in this Circular.

5. The State encourages sports federations, associations, management units, and users to exploit legitimate sources of income to supplement salaries, bonuses, medical examination and treatment allowances, work injury accident compensation, and other benefits and policies for coaches and athletes.

VII. IMPLEMENTATION

1. This Circular takes effect 15 days after its publication in the Official Gazette. The Joint Circular No. 14/1998/TTLT/BTC-BTCCBCP-BLDTBXH-UBTDTT dated December 30, 1998, jointly issued by the Ministry of Finance, the Government Organizational Cadre Affairs Bureau (now the Ministry of Home Affairs), the Ministry of Labor, Invalids and Social Affairs, and the Sports Committee guiding the implementation of certain benefits for athletes and coaches in sports is hereby abolished.

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