Joint Circular No. 94/2006/TTLT/BVHTT-BNV-BTC guiding the implementation of Decision No. 180/2006/QD-TTg dated August 9, 2006 of the Prime Minister on the allowance and subsidy system for artistic performance workers in the cultural and information sector.

JOINT CIRCULAR

GUIDELINES FOR IMPLEMENTING DECISION NO. 180/2006/QĐ-TTg OF AUGUST 9, 2006 OF THE PRIME MINISTER ON THE REGIME OF OCCUPATIONAL ALLOWANCES AND SUBSIDIES FOR PERFORMERS IN THE CULTURE AND INFORMATION SECTOR

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Pursuant to Decision No. 180/2006/QĐ-TTg dated August 9, 2006 of the Prime Minister on the regime of occupational allowances and subsidies for performers in the culture and information sector; the Ministry of Culture and Information, the Ministry of Home Affairs, and the Ministry of Finance hereby provide guidelines for implementation as follows.

Part I:

GENERAL PROVISIONS

Chapter I. SCOPE OF APPLICATION:

State performing arts units, including:

1. Theatres under central and local ministries and agencies;

2. Art troupes under central and local ministries and agencies.

II. APPLICABLE OBJECTS:

1. Objects entitled to occupational allowances:

Performing artists (actors) entitled to occupational allowances within the scope of application of this Circular are actors within the authorized establishment quota who directly participate in rehearsals and performances, including dancers, opera actors, wind instrument players, circus performers, musical drama actors, dance drama actors, water puppetry actors, cải lương actors, choral actors, puppetry actors, new song actors, folk song actors, drama actors, string instrument players, percussion instrument players, classified according to the following salary scales:

a) 17.157 (Class I actor);

b) 17.158 (Class II actor);

c) 17.159 (Class III actor).

2. Objects entitled to rehearsal and performance subsidies:

a) Actors entitled to occupational allowances as specified in points a, b, and c of Clause 1, Section II, Part I above;

b) Artistic directors during performances, classified according to the two-digit salary scale 17 such as directors, choreographers, painters;

c) Supporting actors, rehearsal and performance assistants, and other staff (including troupe leaders and stewards).

3. Non-applicable objects:

Objects specified in Clause 1, Section II, Part I above shall not be entitled to occupational allowances during the following periods:

a) Time spent on overseas assignments or work earning 40% of their salary as stipulated in Clause 4, Article 8 of Decree No. 204/2004/NĐ-CP dated December 14, 2004 of the Government on the salary system for civil servants, public officials, and members of the armed forces;

b) Time spent on domestic assignments or study not directly related to artistic performance for more than three consecutive months;

c) Time off without pay for personal reasons for more than one month consecutively;

d) Time off due to illness or maternity leave exceeding the period prescribed by the current Social Insurance Regulations and the Social Insurance Law;

đ) Time suspended from duty;

h) Time not directly engaged in artistic performance but in other work for more than one month.

Part II:

SPECIFIC PROVISIONS

I. LEVELS OF OCCUPATIONAL ALLOWANCES, SOURCES OF FUNDS, AND METHODS OF PAYMENT:

1. Levels of occupational allowances:

a) A level of 20% calculated based on the current salary plus leadership position allowance and seniority allowance (if applicable), applicable to dancers, opera actors, wind instrument players, circus performers, musical drama actors, dance drama actors, and water puppetry actors;

b) A level of 15% calculated based on the current salary plus leadership position allowance and seniority allowance (if applicable), applicable to cải lương actors, choral actors, puppetry actors (dry puppets, shadow puppets), new song actors, folk song actors, drama actors, string instrument players, and percussion instrument players.

2. Sources of funds, calculation methods, and payment methods:

a) Sources of funds: Funds for occupational allowances for performing artists (actors) are extracted from performance revenue. For performing arts units that self-fund part of their operational costs or are fully funded by the state budget, if there is an imbalance, the state budget will consider providing support.

b) Calculation method: Occupational allowances are calculated based on the current salary grade plus leadership position allowance and seniority allowance (if applicable), determined by the following formula: Occupational allowance = Minimum wage standard x Salary coefficient of current grade + leadership position allowance coefficient (if applicable) + seniority allowance percentage (converted to coefficient) x Occupational allowance rate as prescribed

c) Payment method: Occupational allowances for performing artists (actors) are paid together with monthly salaries and are not used to calculate contributions or benefits under social insurance and health insurance schemes.

II. REHEARSAL SUBSIDIES AND PERFORMANCE SUBSIDIES:

1. Levels and objects entitled to rehearsal subsidies:

a) A level of 20,000 VND/day: applicable to main actors in plays; main actors in music and dance programs, circus, and puppetry;

b) A level of 15,000 VND/day: applicable to secondary main actors in plays; secondary main actors in music and dance programs; circus and puppetry actors in secondary main roles;

c) A level of 10,000 VND/day: applicable to supporting actors in plays; supporting actors in music and dance programs, circus, and puppetry; and those assisting in rehearsals.

2. Levels and objects entitled to performance subsidies:

a) A level of 50,000 VND/performance: applicable to main actors in plays; main actors in music and dance programs, circus, and puppetry; and artistic directors during performances;

b) A level of 40,000 VND/performance: applicable to secondary main actors in plays; secondary main actors in music and dance programs, circus, and puppetry;

c) A level of 20,000 VND/performance: applicable to supporting actors in programs or plays; those assisting in performances and other staff (including troupe leaders, stewards). In cases of兼任多个职务的，只享受所分配任务中最高的补贴。

3. Sources of funds and methods of payment for rehearsal and performance subsidies:

a) Sources of funds: Funds for rehearsal and performance subsidies are extracted from performance revenue and program and play production costs.

b) Payment method: - Training allowances and performance allowances are paid on a daily basis for training or per performance session and are not included in social insurance and health insurance contributions. - When performing in remote areas, mountainous regions, islands, or for political tasks, the State will cover the entire amount of training allowances and performance allowances for beneficiaries as stipulated in this Circular. - For units that have annual revenue from performances after fulfilling their obligations to the State, if they have financial capacity, they may be considered for applying the occupational allowance system, training allowances, and performance allowances for contractual performers, and additional allowances for performers within the establishment.

Part III

EFFECTIVE DATE AND IMPLEMENTATION.

1. This Circular takes effect fifteen days after its publication in the Official Gazette. The Circular No. 52/1999/TTLB-BTCCBCP-BTC-BVHTT dated November 22, 1999, jointly issued by the Government Organizational Affairs Council (now the Ministry of Home Affairs), the Ministry of Finance, and the Ministry of Culture and Information guiding the implementation of Decision No. 174/1999/QĐ-TTg dated August 23, 1999, of the Prime Minister regarding occupational allowances and performance allowances for artistic performance laborers in the culture and information sector, is hereby repealed.
2. The occupational allowance system shall be effective from October 1, 2004, concurrently with the cessation of the occupational allowance system prescribed in Decision No. 174/1999/QĐ-TTg.
3. The training allowances and performance allowances shall be implemented according to Decision No. 180/2006/QĐ-TTg dated August 9, 2006, of the Prime Minister.
4. Responsibilities of the heads of artistic performance agencies;
- Base the calculation and payment of occupational allowances and training allowances and performance allowances on the revenue from performances as stipulated in this Circular.
- Develop annual training and performance plans and financial income and expenditure plans in accordance with current financial management regulations. For programs performing in remote areas, mountainous regions, islands, or for political tasks assigned (if any), detailed budgets for training allowances and performance allowances must be submitted to the finance authority at the appropriate budget level as a basis for considering financial support.
The determination of mountainous areas shall be carried out in accordance with the regulations of the National Ethnic Commission; island areas based on actual geographical conditions; and remote and far-flung areas depending on the characteristics of each locality, guided by the People's Committee of the province after obtaining a consensus opinion from the relevant ministries.
5. Entities under the management of the Ministry of Defense and the Ministry of Public Security shall have separate guidelines after reaching a consensus with the Ministry of Culture and Information, the Ministry of Home Affairs, and the Ministry of Finance.
Any difficulties encountered during implementation should be reported to the Ministry of Culture and Information for coordination with the Ministry of Home Affairs and the Ministry of Finance to study and resolve.