Consolidated Document number 463/VBHN-BLDTBXH guiding the management of labor and wages for Vietnam Television.

CIRCULAR

GUIDELINES FOR LABOR MANAGEMENT AND SALARIES FOR THE VIETNAM TELEVISION STATION

Circular No. 34/2016/TT-BLDTBXH dated October 25, 2016, issued by the Minister of Labor, Invalids, and Social Affairs guiding the management of labor and wages for Vietnam Television, effective from December 10, 2016, has been amended and supplemented by:

Circular No. 12/2024/TT-BLDTBXH dated November 14, 2024, issued by the Minister of Labor, Invalids, and Social Affairs amending and supplementing ten circulars guiding the implementation of labor management, wages, remuneration, and bonuses for the Vietnam Deposit Insurance Corporation, the Asset Management Corporation of Credit Institutions of Vietnam, Vietnam Television, Local Development Investment Funds, State Capital Investment and Business Corporation, Small and Medium Enterprise Credit Guarantee Fund, Small and Medium Enterprise Development Fund, National Technology Innovation Fund, Cooperative Development Support Fund, and guiding the management of labor, wages, remuneration, and bonuses for Vietnam Asset Management Joint Stock Company Limited, effective from December 29, 2024.

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; 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. 51/2016/NĐ-CP dated June 13, 2016, of the Government stipulating the management of labor, wages, and bonuses for employees working in joint-stock limited companies with 100% state-owned charter capital;

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 the management of labor and wages 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 payment of wages for employees, General Director, and Deputy General Director 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. 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 production and management tasks (referred to as the production and management sector), based on the job position plan that has been approved according to regulations, the General Director of Vietnam Television shall establish and approve the labor plan for recruitment, utilization, and management according to Section 2 of Circular No. 26/2016/TT-BLDTBXH dated September 1, 2016, issued by the Minister of Labor, Invalids, and Social Affairs guiding the implementation of labor, wage, and bonus management for employees working in joint-stock limited companies with 100% state-owned charter capital (hereinafter referred to as Circular No. 26/2016/TT-BLDTBXH) which has been amended at Clause 1, Article 1 of Circular No. 06/2024/TT-BLDTBXH dated July 30, 2024, issued by the Minister of Labor, Invalids, and Social Affairs amending and supplementing some articles of Circular No. 26/2016/TT-BLDTBXH dated September 1, 2016, issued by the Minister of Labor, Invalids, and Social Affairs guiding the implementation of labor, wage, and bonus management for employees working in joint-stock limited companies with 100% state-owned charter capital and Circular No. 27/2016/TT-BLDTBXH dated September 1, 2016, issued by the Minister of Labor, Invalids, and Social Affairs guiding the implementation of wage, remuneration, and bonus systems for managers of joint-stock limited companies with 100% state-owned charter capital (hereinafter referred to as Circular No. 06/2024/TT-BLDTBXH).

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 overseas resident office, consider and decide the number, positions, standards, and appoint cadres, civil servants, and public officials to work for each overseas resident office for a term of office.

3. For the Multichannel Broadcasting Editorial Board, the General Director of Vietnam Television shall base on the functions, tasks, and organizational structure of the Multichannel Broadcasting Editorial Board and the provisions of Decree No. 51/2016/NĐ-CP dated June 13, 2016, of the Government stipulating the management of labor, wages, and bonuses for employees working in joint-stock limited companies with 100% state-owned charter capital (hereinafter referred to as Decree No. 51/2016/NĐ-CP), Circular No. 26/2016/TT-BLDTBXH, approve the annual labor plan for the unit to implement recruitment, utilization, and management of labor.

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 the wage system for cadres, civil servants, public officials, and armed forces (hereinafter referred to as Decree No. 204/2004/NĐ-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 sector and are reflected as a separate item in the annual financial report of Vietnam Television.

2. Vietnam Television determines the planned average wage level, planned wage fund, advance wage payment, unit wage rate, and actual wage fund of the production and management sector according to 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 wage payment according to 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 as total revenue minus total expenses excluding wages divided by the average number of workers in the year, including the General Director and Deputy General Director, and is determined according to the guidelines set out in the Appendix attached to 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) [3] The planned average wage level is determined based on the actual average wage level of the previous year, average labor productivity, and the degree of revenue coverage of costs compared to the previous year's realization as follows:

- If revenue covers costs and average labor productivity increases compared to the previous year, the average planned wage can increase up to the extent of the increase in average labor productivity;

- If revenue covers costs and average labor productivity remains the same compared to the previous year, the average planned wage will be the same as the previous year;

- If revenue covers costs and average labor productivity decreases compared to the previous year, the average planned wage will decrease in proportion to the decrease in average labor productivity;

- If revenue does not cover expenses, the average wage level must be reduced to ensure that revenue covers expenses, with the minimum being equal to the salary coefficient and subsistence allowance according to 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 degree of revenue covering expenses compared to the plan, following the principle for determining the planned average wage level as stipulated in Point c Clause 3 Article of this provision.

4.[4] (Repealed)

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

1.[5] When determining the wage fund for production and management units, Vietnam Television excludes objective factors affecting labor productivity and the degree of revenue covering expenses as prescribed in Clause 3 Article 5 of Decree No. 51/2016/ND-CP amended and supplemented by Clause 2 Article 1 of Decree No. 21/2024/ND-CP dated February 23, 2024 of the Government amending and supplementing certain provisions of Decree No. 51/2016/ND-CP dated June 13, 2016 of the Government on labor management, wages, and bonuses for employees working in a limited liability company wholly owned by the State and Decree No. 52/2016/ND-CP dated June 13, 2016 of the Government on wages, remuneration, and bonuses for managers of a limited liability company wholly owned by the State (hereinafter referred to as Decree No. 21/2024/ND-CP) and consistent with the specific characteristics of Vietnam Television, including:

a) Producing news and television programs serving the political tasks of the Party and the State as directed by competent state authorities which are not included in the annual production and broadcasting plan and for which funding cannot be arranged;

b) Implementing sports events such as the FIFA World Cup and UEFA Euro, generating copyright fees and program production costs related to copyrights outside the plan, where revenue from these activities is insufficient to cover costs.

2. The exclusion of objective factors under Clause 1 of this Article shall be carried out in accordance with the principles prescribed in Clause 2 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 prescribed in Clause 1 of this Article must ensure that the increase in the actual average wage level of the General Director and Deputy General Directors does not exceed the increase in the actual average wage level of employees in the production and management units.

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

Article 8. Planned Average Wage Level, Planned Wage Fund, Advance Payment of Wages, Actual Wage Fund, and Wage Distribution of the Multichannel Broadcasting Editorial Board

The Multichannel Broadcasting Editorial Board bases its determination of the planned average wage level, planned wage fund, advance payment of wages, actual wage fund, and wage distribution on the regulations set forth in Decree No. 51/2016/ND-CP amended and supplemented by Decree No. 21/2024/ND-CP and Circular No. 26/2016/TT-BLDTBXH amended and supplemented by Circular No. 06/2024/TT-BLDTBXH, in accordance with the wage payment regulation of the Multichannel Broadcasting Editorial Board.

Article 9. Determination of wages, advance payment of wages, and distribution of wages for employees of agencies permanently stationed abroad

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 Decree No. 08/2019/ND-CP dated January 23, 2019 of the Government on certain regulations for members of Vietnamese agencies abroad, Decree No. 166/2017/ND-CP dated December 31, 2017 of the Government on standards, quotas, and management and use of state assets at Vietnamese agencies abroad, and other guiding documents implementing these decrees.

Article 10. Responsibilities of the General Director of Vietnam Television

1. Review the labor quota system to develop and approve annual labor usage plans, assess the situation of labor usage; develop and promulgate recruitment and labor usage regulations and organize labor recruitment in accordance with the provisions.

2. By the first quarter of each year, determine and approve the planned wage fund and the actual wage fund of the previous adjacent year of Vietnam Television (for production and management units to follow the provisions set out in Form No. 2 attached to Circular No. 26/2016/TT-BLDTBXH), report to the Ministry of Labor - War Invalids and Social Affairs and the Ministry of Finance no later than ten days from the date of approval for inspection and supervision.

3. Advance payment of wages, decide on the establishment of unit wage rates, and the amount of wage reserve after obtaining the opinion of the Trade Union Executive Committee; implement wage and bonus payments to employees in accordance with the wage 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 wage fund, and the actual annual wage fund (including all objective factors affecting labor productivity and profit if any) of the Multichannel Television Editing Board; Provide comments on the wage regulations of the Multichannel Television Editing Board; Inspect and supervise the implementation of labor and wages of the Multichannel Television Editing Board; Summarize and report annually on labor and wages of the Multichannel Television Editing Board to Vietnam Television.

6. Bear legal responsibility as the head of Vietnam Television for the preparation of budget estimates, management, use, settlement, and final accounts of the wage fund of Vietnam Television in accordance with the provisions.

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

Provide comments on the wage regulations of Vietnam Television; take the lead and coordinate with the Ministry of Finance to receive, inspect, and supervise the implementation of labor usage plans, planned wage funds, actual wage funds, and wage regulations of Vietnam Television as stipulated in this Circular.

Article 12. Responsibilities of the Ministry of Finance

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

Article 13. Effective Date

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

Circular No. 32/2015/TT-BLDTBXH dated August 31, 2015 of the Minister of Labor - War Invalids and Social Affairs guiding the management of labor and wages 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./.