Circular No. 34/2016/TT-BLDTBXH guiding the management of labor and wages for Vietnam Television

CIRCULAR

GUIDELINES FOR LABOR MANAGEMENT AND SALARIES FOR THE VIETNAM TELEVISION STATION

Pursuant to Decree No. 106/2012/NĐ-CP dated December 20, 2012 of the Government stipulating functions, tasks, powers, and organizational structure of the Vietnam Television Station; Decree No.d) Administrative and management task group: carry out tasks related to statistics, compilation, issuance of library user cards, evaluation of library activities, international cooperation in libraries; administrative, archival, personnel organization, accounting, and other internal management activities.u organ BASED ON CIRCULAR NO. 12/2017/TT-BLDTBXH dated April 20, 2017 of the Minister of Labor - Invalids and Social Affairs stipulating the minimum amount of knowledge and requirements for skills that students must achieve upon graduation at the vocational college and higher vocational levelsPursuant to the request of the Director General of the Department of Vocational Education;

Decree No. 18/2008/NĐ-CP dated February 18, 2008 of the Government stipulating functions, tasks, powers, and organizational structure of the Vietnam Television Station; Decree No. 72/2014/NĐ-CP dated July 22, 2014 of the Government amending Article 3 of Decree No.Provincial public libraries perform tasks and powers as prescribed in Clause 2, Article 11, Article 38, and Article 39 of the Library Law and the following tasks and powers: 106/2012/NĐ-CP dated December 20, 2012 of the Government; 18/2008/NĐ-CP dated February 18, 2008 04/2008/NĐ-CP dated February 04, 2008 of the Government stipulating functions, tasks, powers, and organizational structure of the Vietnam Television Station;Health inspection,u organ organizational structure of the Vietnam Television Station;

Decree No. Decree No. 51/2016/NĐ-CP dated June 13, 2016 of the Government stipulating labor management, salaries, and bonuses for employees working in limited liability companies wholly owned by the State; wages and bonuses for employees working in the Vietnam Television Station.workers working in the Vietnam Television Station.workers working in the Vietnam Television Station.who work in a limited liability company wholly owned by the State with 100% state capital;n salary;

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

THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS ISSUES THIS CIRCULAR TO SUPPLEMENT PROFESSIONS AND TRADES TO THE LIST OF PROFESSIONS AND TRADES AT THE FOURTH LEVEL WITH A DIPLOMA IN VOCATIONAL COLLEGE AND HIGHER VOCATIONAL COLLEGE ISSUED TOGETHER WITH CIRCULAR NO. 04/2017/TT-BLDTBX ON MARCH 2, 2017, ISSUED BY THE MINISTER OF LABOR, WAR INVALIDS AND SOCIAL AFFAIRS.and the Ministry of Labor, Invalids, and Social Affairs issued this Circular guiding labor management, salaries for employees working in the Vietnam Television Station.together with Vietnam Television.

Article 1. PENALTYa) Clause 1 Article 15 regarding accountability;

This Circular guides the management of labor, salary grading, additional allowances, determination of the wage fund, advance payment, and payment of salaries for employees, General Director, Deputy General Director of the Vietnam Television Station.

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. The General Director and Deputy General Director of the Vietnam Television Station;

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 the Vietnam Television Station 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, to assign annual labor plans for units to implement recruitment, utilization, and management of labor in accordance with laws on civil servants and public officials.

2. For overseas resident offices of the Vietnam Television Station, the General Director of the Vietnam Television Station shall base on the functions, tasks, and organizational structure of each resident office to consider and decide on the number, titles, standards, and appointment of civil servants and public officials working on term bases at overseas resident offices.

3. For the Cable Television Editing Board, the General Director of the Vietnam Television Station shall base on the functions and tasks to apply the provisions of Decree No. 51/2016/NĐ-CP dated June 13, 2016 of the Government stipulating labor management, salaries, and bonuses for employees working in limited liability companies wholly owned by the State with 100% state capital (hereinafter referred to as Decree No. 51/2016/NĐ-CP) and Circular No. 26/2016/TT-BLĐTBXH dated September 1, 2016 of the Ministry of Labor, Invalids, and Social Affairs guiding the implementation of labor management, salaries, and bonuses for employees working in limited liability companies wholly owned by the State with 100% state capital (hereinafter referred to as Circular No. 26/2016/TT-BLĐTBXH) to approve annual labor plans for units to implement recruitment, utilization, and management of labor.

4. For remaining subordinate units (referred to as production and management blocks), 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 the Vietnam Television Station shall establish, approve plans, and implement recruitment and utilization of labor according to Section 2 of Circular No. 26/2016/TT-BLĐTBXH.

Article 4. X||| Wage grading and wage allowances

The General Director, Deputy General Director, and employees shall implement wage grading and wage allowances in accordance with the provisions of Government Decree No. 204/2004/ND-CP dated December 14, 2004 on salary systems for cadres, civil servants, public officials, and armed forces personnel (hereinafter referred to as Government Decree No. 204/2004/ND-CP).

Article 5. Average planned wage level, planned wage fund, advance payment of wages, unit wage cost, actual wage fund implemented for production and management units

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

2. Vietnam Television shall determine the average planned wage level, planned wage fund, advance payment of wages, unit wage cost, and actual wage fund implemented for production and management units in accordance with Articles 9, 10, 13, and 14 of Circular No. 26/2016/TT-BLDTBXH.

3. When determining the planned wage fund, actual wage 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 (planned or realized in the year or realized according to the previous year) is calculated based on total revenue minus total costs excluding wages divided by the average number of workers in the year, including the General Director and Deputy General Director, and determined in accordance with the guidelines set out in the Appendix issued together with Circular No. 26/2016/TT-BLDTBXH.

b) The profit index (planned or realized in the year or realized according to the previous year) is replaced by the revenue coverage ratio for cost compensation.

c) The planned average wage level is determined based on the actual average wage level of the previous year, labor productivity, and the revenue coverage ratio for cost compensation compared to the implementation of the previous 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 costs, the average wage must be reduced to ensure revenue covers costs, at least equal to the salary coefficient and allowance coefficient according to Government Decree No. 204/2004/ND-CP multiplied by the basic wage level prescribed by the Government.

d) The actual average wage level is determined based on the planned average wage level and adjusted according to labor productivity and the revenue coverage ratio for cost compensation compared to the plan, following the principles for determining the planned average wage level as stipulated in Point c of Clause 3 of this Article.

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

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

1. Objective factors affecting labor productivity and revenue levels to cover costs shall be excluded when determining the planned wage fund and actual wage fund for production and management units, including:

a) Corporate income tax incentives, increases or decreases in state capital, adjustments to mechanisms and policies, or relocation and reduction of production and business locations directly impacting labor productivity indicators and revenue levels to cover costs of Vietnam Television.

b) News production, television program production serving political tasks of the Party and State, implementation of social welfare programs as directed by the Prime Minister, acceptance or transfer of state capital ownership rights for restructured enterprises, debt resolution and restructuring according to the Prime Minister's directives, new investments, expansion of production and business operations, increased depreciation to recover capital quickly, approved by competent authorities.

4. When the company implements public goods products and services ordered by the State, assigned plans, or tendered contracts, the corresponding planned salary fund for the volume of public goods products and services is determined based on the volume of public goods products and services ordered by the State, assigned plans, or tender contracts.

2. The exclusion of objective factors under Clause 1 of this Article shall be implemented in accordance with the principles stipulated in Clause 2 of Article 11 of Circular No. 26/2016/TT-BLDTBXH.

Article 7. Distribution of Wages for Production and Management Units

1. Vietnam Television shall establish a reserve fund and develop a wage payment regulation as prescribed in Article 15 of Circular No. 26/2016/TT-BLDTBXH.

2. The wage payment regulation as prescribed in Clause 1 of this Article must ensure that the average wage increase for the General Director and Deputy General Directors does not exceed the average wage increase for employees in production and management units.

3. Based on the actual wage fund for production and management units and the wage payment regulation, Vietnam Television shall pay wages to employees in production and management units and the General Director and Deputy General Directors.

Article 8. Average Planned Wage, Planned Wage Fund, Advance Wage Payment, Unit Wage Rate, Actual Wage Fund, and Wage Distribution of the Cable Television Editorial Board

The Cable Television Editorial Board shall apply the provisions of Decree No. 51/2016/NĐ-CP and Circular No. 26/2016/TT-BLDTBXH to determine the average planned wage, planned wage fund, advance wage payment, actual wage fund, and implement wage distribution according to the wage payment regulation of the Cable Television Editorial Board. The wage fund of the Cable Television Editorial Board shall be consolidated into the overall wage fund of Vietnam Television.

Article 9. Determination of Wages, Advance Wage Payments, and Wage Distribution for Employees of Research and Training Units and Overseas Resident Agencies

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

2. The determination of wages, advance wage payments, and wage distribution for employees of overseas resident agencies shall be determined in accordance with the provisions of Decree No. 157/2005/NĐ-CP dated December 23, 2005, and Decree No. 48/2012/NĐ-CP dated June 4, 2012 of the Government on certain benefits for officials and civil servants working at Vietnamese agencies abroad for a term and guiding documents implementing the Decree.

Article 10. Responsibilities of the General Director of Vietnam Television

1. Review the labor quota system to establish and approve the annual labor utilization plan, assess the labor utilization situation; develop and issue recruitment regulations, labor usage, and organize labor recruitment in accordance with the provisions.

2. In the first quarter of each year, determine and approve the planned salary fund, the actual salary fund of the previous year for Vietnam Television (for production and management units following the regulations stipulated in form number 2 attached to Circular No. 26/2016/TT-BLDTBXH).

3. Advance payment of salaries, decide on the establishment of unit price of salaries, the level of salary reserve after receiving opinions from the Trade Union Executive Committee; implement payment of salaries and bonuses to employees according to the salary regulations and bonus regulations of Vietnam Television.

4. Approve the salary regulations of Vietnam Television (including the General Director, Deputy General Directors, and employees) after receiving opinions from the Ministry of Labor, Invalids and Social Affairs, and the Ministry of Finance.

5. Approve the labor plan, the planned salary fund, the actual annual salary fund (including all objective factors affecting labor productivity and profit if any) of the Cable Television Editorial Board; Provide comments on the salary regulations of the Cable Television Editorial Board; Inspect and supervise the implementation of labor and salary of the Cable Television Editorial Board; Compile and report on labor and salary of the Cable Television Editorial Board in the annual report of Vietnam Television.

Article 11. Responsibilities of the Ministry of Labor, Invalids and Social Affairs

Provide comments on the salary regulations of Vietnam Television; take the lead and coordinate with the Ministry of Finance to receive, inspect, and supervise the implementation of the labor utilization plan, planned salary fund, actual salary fund, and salary regulations of Vietnam Television as stipulated in this Circular.

Article 12. Responsibilitiesof the Ministry Finance

Provide comments on the salary regulations of Vietnam Television; coordinate with the Ministry of Labor, Invalids and Social Affairs to receive, inspect, and supervise the implementation of the labor utilization plan, planned salary fund, actual salary fund, and salary regulations of Vietnam Television as stipulated in this Circular.

Article 13. Effectivenessenforcement and responsibilityfor implementation

1. This Circular takes effect from December 10, 2016. The systems prescribed in this Circular shall be applied from January 1, 2016.

2. Circular No. 32/2015/TT-BLDTBXH dated August 31, 2015 of the Ministry of Labor, Invalids and Social Affairs guiding the management of labor and salary for Vietnam Television ceases to be effective from the date this Circular takes effect.

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./.