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 remuneration regimes for coaches and athletes in sports

JOINT CIRCULAR

Guidelines for implementing Decision No. 234/2006/QĐ-TTg dated October 18, 2006 of the Prime Minister on certain benefits for sports coaches and athletes

On certain benefits for sports coaches and athletes

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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 amending and supplementing some articles of Decree No. 06/CP dated January 20, 1995 of the Government detailing some provisions of the Labor Code on occupational safety and labor hygiene;

Pursuant to Decision No. 234/2006/QĐ-TTg dated October 18, 2006 of the Prime Minister on certain benefits for sports coaches and athletes;

The Ministry of Finance, the Ministry of Labor, Invalids and Social Affairs, and the Sports Management Committee provide guidelines for implementing certain benefits for sports 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 salary; social insurance and health insurance regimes; compensation for work-related accidents; and bonus payments for sports coaches and athletes as stipulated in Decision No. 234/2006/QĐ-TTg. The benefits for sports coaches and athletes prescribed in these Circulars shall be applied from the date Decision No. 234/2006/QĐ-TTg takes effect.

2. The subjects of application are sports coaches and athletes belonging to national teams; national youth teams; teams, youth teams, and talent teams of ministries, provinces, and centrally-administered cities during their training and competition periods as decided by competent authorities. Specifically:

a) The Sports Management Committee decides the list, time for training and competition for sports coaches and athletes belonging to national teams and national youth teams;

b) Ministries and central agencies decide the list, time for training and competition for sports coaches and athletes belonging to teams and youth teams of their respective sectors;

c) Provincial Sports Departments of centrally-administered cities decide the list, time for training and competition for sports coaches and athletes joining teams, youth teams, and talent teams of provinces and centrally-administered cities.

3. The construction, compliance with budget estimates for implementing benefits for sports coaches and athletes shall be carried out according to current regulations of the State Budget Law and guiding documents for its implementation. The Sports Management Committee, relevant ministries, and provincial People's Committees have the responsibility to manage and use state budget funds correctly according to the regime and target groups, ensuring effectiveness.

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

a) 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 and compete before being called up to join sports teams at various levels;

b) 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 as decided by competent authorities. The management agency or organization of sports coaches and athletes may simultaneously be the using agency or organization of sports coaches and athletes.

II. SALARY REGIME

1. Sports coaches and athletes who hold Vietnamese citizenship and do not receive salaries from the state budget: Shall be paid daily wages by the using agency or organization of sports coaches and athletes during their concentrated training and competition periods according to the level specified in Clause 1, Article 1 of Decision No. 234/2006/QĐ-TTg.

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

a) During training and competition periods, they shall receive full salaries at the management agency or organization of sports coaches and athletes. In cases where the daily salary of sports coaches and athletes is lower than the wage level specified in Clause 1, Article 1 of Decision No. 234/2006/QĐ-TTg, the using agency or organization of sports coaches and athletes shall pay the difference to ensure parity with the wage level specified in Clause 1, Article 1 of Decision No. 234/2006/QĐ-TTg. The daily salary of sports 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 sports coaches and athletes have actual training and competition days exceeding the standard number of working days in a month (more than 22 days/month), the using agency or organization of sports coaches and athletes shall pay wages at the level specified in Clause 1, Article 1 of Decision No. 234/2006/QĐ-TTg for the excess days over the standard working days;

c) The difference between salary and wage paid for days worked beyond the standard 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 civil servant at the Sports Center of Province T, classified in the coach grade (code 18.181) with a current salary coefficient of 3.66. Coach A was decided by the Sports Management Committee to be summoned to concentrate on training and competing for the national team at the National Sports Training Center I. Coach A will receive full salary during the concentration period, paid by the Sports Center of Province T. Additionally, Coach A will receive the difference between salary and the wage level specified in Clause 1, Article 1 of Decision No. 234/2006/QĐ-TTg. Specifically, as follows:

- 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:

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

If Coach A implements a training schedule of 26 days/month, then the National Sports Training Center I will pay the difference and wage for one month of training as:

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 in accordance with the 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 social 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 in accordance with the 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 who are not subject to social insurance and health insurance under the laws on social insurance and health insurance: During the period of concentrated training and competition, if they fall ill and have to stop training or competing, or suffer accidents or death, they shall be compensated as follows:

a) In case of illness or family planning measures: They shall be reimbursed for the full cost of medical examination and treatment (at the level of hospitalization fees serving as the basis for health insurance payment) and shall receive sick leave allowance 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 reimbursed for the full cost of medical expenses from first aid to stable recovery (at the level of hospitalization fees serving 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 recovery, they shall undergo a labor capacity assessment. If their labor capacity decreases by 5% or more, they shall receive a one-time compensation calculated based on the degree of decreased labor capacity, specifically: a decrease of 5% in labor capacity entitles them to receive five months of the general minimum wage, and for each additional 1% decrease, they will receive an additional half month of the general minimum wage; additionally, they will also receive a one-time lump sum compensation calculated based on the time spent as a coach or athlete: up to one year (12 months) will entitle them to receive half a month's salary, and for each additional year, an additional three-tenths of a month's salary will be added;

In cases where illness or accidents result 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 their roles as such, they shall receive a one-time compensation. For each year (12 months) spent as a coach or athlete (if there are interruptions, they can be cumulatively counted), they shall receive 1.5 months (26 days/month) of their salary before ceasing employment, but the minimum amount shall be two months' salary.

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

Example 2:

Athlete Tran Van E, who is not subject to mandatory social insurance, has been summoned for concentrated training and competition by the competent authority as follows: seven years in the provincial team (each year summoned for six months); two years and three months continuously in the national team. Upon ceasing his role as an athlete, Tran Van E shall be entitled to one-time compensation as follows:

- The period eligible for one-time compensation:

Seven years x six months + twenty-seven months = sixty-nine months

Equivalent to five years and nine months. Rounded to six years.

- He shall receive compensation equivalent to nine months' salary (the salary when he was a national team athlete is 70,000 VND/person/day):

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

d) If coaches or athletes die, the person handling the funeral shall receive burial assistance at the level prescribed for those subject to mandatory social insurance under the social insurance law.

In cases where 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 burial assistance, their relatives shall receive a one-time compensation of 24 months of the general minimum wage if they died before January 1, 2007, and 36 months of the general minimum wage if they died from January 1, 2007 onwards.

IV. WORK INJURY COMPENSATION REGIME

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

a) A one-time compensation equal to thirty months' salary and allowances (if applicable) for coaches and athletes whose labor capacity is reduced by 81% or more, or for the relatives of workers who die due to accidents not caused by the coaches or athletes. In cases where the accident is caused by the coaches or athletes, they shall be compensated with twelve 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 has been reduced by 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 in incapacity, provided that the accident was not directly caused by the coach or athlete. In cases where the accident was directly caused by the coach or athlete, compensation shall be 40% of the corresponding amount mentioned above.

2. When an accident occurs during training or competition, the organization or entity employing coaches and athletes must prepare a record detailing the course of events, injuries sustained, extent of damage, cause, and responsibility for the accident; this record must be signed by representatives of the employing organization or entity, 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 by sport; Asian Games; Asian Indoor Games; Asian Championships by sport, Cups, Best Asian Athlete Awards; World Championships by sport, Cups, Best World Athlete Awards; Olympic Games): The level of remuneration 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 Summer and Winter Olympic Games held most recently.

2. Athletes who achieve results in competitions of the Southeast Asian, Asian, and world youth championships shall be rewarded according to the following levels:

a) Sports competitions for athletes under 12 years old: The reward level is 20% of the corresponding reward level as stipulated in Clause 1, Section V of this Circular;

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

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

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

3. Athletes who achieve results in national championships or National Physical Culture and Sports Games, the reward level is 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 at a maximum level 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 championships for athletes under 12 years old: The maximum reward level is 20% of the corresponding reward level as stipulated in Clause 3, Section V of this Circular;

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

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

d) National youth championships for athletes aged 18 to under 21 years old: The maximum reward level is 50% of the corresponding reward level as stipulated 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 shall be decided by the People's Committees of provinces and centrally-administered cities and relevant ministries and sectors managing those athletes; however, 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 with 18 registered players competing in the 23rd Southeast Asian Games and winning a silver medal. The total reward for the Vietnam National Football Team is:

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

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

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

7. For sports with team events (where individual and team achievements are determined in the same competition), the number of athletes eligible for rewards upon achieving results is determined according to the competition regulations. 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 calculated based on the reward level for athletes. The distribution ratio of the reward is implemented according to the principle: The head coach 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 calculated by multiplying the number of coaches by the corresponding reward level for athletes who achieved awards.

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

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

- For teams in sports with regulations for 6 to 12 athletes participating in competitions: The total award amount calculated for 02 coaches.

- For teams in sports with regulations for 13 athletes or more participating: The total award amount calculated for 03 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, and world Paralympic games and national mass sports competitions are awarded 50% of the corresponding award amounts stipulated 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 costs, accident costs, allowances, and compensation as prescribed for coaches and athletes belonging to national teams and junior national teams; awards money to coaches and athletes of national teams and junior national teams who achieve competition results at international sports events according to this Circular from the annual sports development budget allocated to the Sports Committee.

2. People's Committees of provinces and centrally governed cities pay salaries, social insurance contributions, health insurance contributions, medical examination and treatment costs, accident costs, allowances, and compensation as prescribed for coaches and athletes belonging to provincial and centrally governed city teams, junior teams, and talent teams managed by the People's Committees of provinces and centrally governed cities; awards money to coaches and athletes who achieve competition results at national competitions and provincial and centrally governed city competitions according to this Circular.

3. Central ministries and sectors pay salaries, social insurance contributions, health insurance contributions, medical examination and treatment costs, accident costs, allowances, and compensation as prescribed for coaches and athletes belonging to ministry and sector teams, junior teams, and talent teams managed by these ministries and sectors; awards money to coaches and athletes who achieve competition results at national competitions and sector competitions according to this Circular.

4. The funds for implementing the systems for the subjects specified in this Circular are arranged within the annual state budget for sports development expenses according to the current state budget classification. The agency responsible for convening coaches and athletes has the responsibility to arrange the funds for implementing the system prescribed in this Circular for coaches and athletes during the period of convening.

Specifically, the funds for implementing the system prescribed for production and business sector teams, junior teams, and talent teams are balanced from production and business expenses, profits as prescribed by law, and other legitimate sources to ensure that the state budget does not support them. 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 revenue sources to supplement salaries, bonuses, medical examination and treatment allowances for work-related accidents, and other systems and policies for coaches and athletes.

VII. IMPLEMENTATION

1. This Circular takes effect 15 days after its publication in the Official Gazette. The Circular Jointly Issued No. 14/1998/TTLT/BTC-BTCCBCP-BLDTBXH-UBTDTT dated December 30, 1998, jointly issued by the Ministry of Finance, the Government Organizational 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 systems for sports athletes and coaches 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./.