Circular 150/2012/ttlt-Btc-Bldtbxh-Bvhttdl: A Guide To Implementing Decision No. 32/2009/qd-Ttg On January 6, 2011 By The Prime Minister On Some Of The Mode For The Coach, ...

Original Language Title: Thông tư liên tịch 149/2012/TTLT-BTC-BLĐTBXH-BVHTTDL: Hướng dẫn thực hiện Quyết định số 32/2011/QĐ-TTG ngày 06 tháng 6 năm 2011 của Thủ tướng Chính phủ về một số chế độ đối với huấn luyện viên,...

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CIRCULAR guide implementation of decision No. 32/2009/QD-TTG on January 6, 2011 by the Prime Minister on some modes for coaches, athletes and sport are focused training and competition _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ pursuant to Decree No. 118/2008/ND-CP on November 27, 2008 of the Government functions duties, powers and organizational structure of the Ministry of finance;
Pursuant to Decree No. 186/2007/ND-CP on December 25, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of labor, invalids and Social Affairs;
Pursuant to Decree No. 185/2007/ND-CP on December 25, 2007 of the Government functions, tasks, powers and organizational structure of the Ministry of culture, sports and tourism;
Pursuant to decision No. 32/2009/QD-TTg on January 6, 2011 by the Prime Minister on some modes for coaches, athletes and sports are the focus in training and competitions;
The Minister of finance; Minister of labor, invalids and Social Affairs; The Minister of culture, sports and tourism guidelines decision No. 32/2009/QD-TTg on January 6, 2011 by the Prime Minister on some modes for coaches, athletes and sport are focused training and competition (hereinafter referred to as the decision No. 32/2009/QD-TTg).
Chapter I GENERAL PROVISIONS article 1. Scope this guidance circular made public money mode, social insurance, health insurance, pension, accident compensation and bonuses for coaches, athletes and sport are focused training and competition provisions in decision No. 32/2009/QD-TTg. Article 2. Application object 1. The regime wages, social insurance, pension, medical insurance and accident compensation regulations this circular applies to coaches, athletes and sport is the national team in Vietnam; national youth team; the team, a young team, the gifted team of industry, province, and city in Central during the focus training (coaching, training) and following the decision of the competent authority.
2. the bonus mode specified in this circular apply to coaches, athletes in team sports; national youth team; the team, a young team, the gifted team of industry, province, and city in Central up achievements in competitions at the Congress, sports tournaments in the country.
3. the competent agency heads decided to summon the team, including: a) General Director of the Sports Bureau (for coaches, sports athletes in the national team, the national youth team);
b) Ministers, heads of ministerial agencies, government bodies (for coaches, sports athlete in the team, a young team, the idea of gifted ministries);
c) Director of the Department of culture, sports and tourism of the province, central cities (for coaches, sports athlete in the team, the team of young, gifted team of the city, centrally).
Article 3. Some words of explanation of terms used in this circular are interpreted as follows: 1) Agency, the governing body of the coach, athlete, is the Agency, organization, where coaches, athletes are recruited to work or exercise played regularly before being summoned to the sports team levels (hereinafter referred to as the management agency).
2) organs, organizations use coaches, athletes are held directly, agency management, using coaches, athletes in training, competition, sports teams at all levels as determined by the competent authority. The Agency, the governing coaches, athletes can also use organization, agency trainer, athlete (hereinafter called collectively the Agency use).
Chapter II REMUNERATION REGIME article 4. Public money for coaches, athletes are not paid from the State budget coaches, athletes are not paid from the State budget are the agency used athletes, coaches paying fair money according to time to focus training and competition at the rate prescribed in clause 1 article 1 of decision No. 32/2009/QD-TTg. Article 5. Public money for coaches, athletes, paid from the State budget) in time to focus training and competitions, coaches, athletes enjoyed raw (salary, Professional salaries and allowances if applicable) at the agency manage coaches, athletes. The case of salary according to the days of coaches, athletes are lower than the wage prescribed in clause 1 article 1 of decision No. 32/2009/QD-TTg, the agency used coaches, athletes pay more difference in part to guaranteed by the corresponding wage as prescribed in clause 1 article 1 of decision No. 32/2009/QD-TTg. Salary according to the days of coaches, athletes are determined by the salary of the adjacent months ago when coaches, athletes were training and competition concentration divided by 22 days (number of days of work standard in a month).
2) case of coaches, athletes and training the actual dates of competition, the higher the standard working day in the month (more than 22 days a month), then the agency used athletes, coaches paying fair money specified in clause 1 article 1 of decision No. 32/2009/QD-TTg for the day exceeded the number of working days in the month standard.
3) funds pay more due to the difference between the salary day and remuneration as defined in clause 1 and the wages paid to the actual dates of trainings and competitions beyond the number of working days in the month the standard prescribed in clause 2 of this title does not use the encapsulation and enjoy medical insurance mode , social insurance, unemployment insurance.
Example 1: A coach is coach of the sports center the T, now coach turnover wage (18.181 codes), the system of wages is 3.66. A coach was General Director of the Sports Bureau decided to summon the focus in training for the national team training center in Hanoi national sports, training, training mode 01-26 days a month, then A coach is entitled to salary mode , public money in time to focus training as follows: a) Entitled raw salary during the training focus due to the sports center the T pay (wage coefficient we enjoy x general minimum wage) is: 3.66 x = 3,843,000 VND 1,050,000.
b) part due to disparity in salary on the lower remuneration for national team coach as defined in clause 1 article 1 of decision No. 32/2009/QD-TTg by the training centre, Hanoi national sports pay 200,000 Council is:-(1,050,000 copper x 3.66)/22 days = 25,318.18/day c) public money for training days exceeded the number of working days in the month (04 on) Sports Training Center National charged are: Dong x 10 days = 200,000 800,000 Dong so, the total amount due to the training centre, Hanoi national sports for A coach in a month of training (26 July) (25,318.18 copper x 22) + (200,000 copper x 4 days) = 1.357.000.
Chapter III MODES of SOCIAL INSURANCE, health insurance, subsidies PER article 6. The mode for coaches, athletes in audience participation compulsory social insurance, unemployment insurance, compulsory health insurance 1. As for the coach, athlete, paid from the State budget during training and competition focus, management coaches, athletes still have a responsibility to extract filed an expense social insurance, medical insurance, unemployment insurance according to regulations.
2. for coaches, athletes are not paid from the State budget in time to focus training and competition, the agency used athletes, coaches are responsible for the transfer coach administration, account funding to pay the social insurance medical insurance, unemployment insurance, according to the rules (including the part of the responsibility of employers and the responsibility of workers).
3. Coaches, athletes are entitled to social insurance regimes, medical insurance, unemployment insurance in accordance with the law. The agency used athletes, coaches are responsible to coordinate management coaches, athletes in solving the social security regime, unemployment insurance and medical insurance according to regulations.
Article 7. The mode for coaches, athletes not subject to join compulsory social insurance, compulsory health insurance for coaches, athletes not subject to join compulsory social insurance, compulsory health insurance during training focus, if the illness or accident must break up training , retirement or death, the agency used athletes, coaches addressed as follows: 1. in case of coaches, athletes being sick or taken measures for family planning shall be paid for the entire cost of treatment and support by 75% of the wage defined in article 1 of decision No. 32/2009/QD-TTg for those on sick leave or because the family planning measures.
2. The case of coaches, campaigning: members of the accident while rehearsing, performing, was to pay the full medical costs from the first aid, first aid until a stable injury treatment and support by 100% of the wage defined in article 1 of decision No. 32/2010/QD-TTg dated for the day of treatment.
After the injury of coaches, athletes have been treated, the agency used coaches, athletes have the responsibility to introduce coach, athletes go labor ability assessment. The case of coaches, athletes suffer deterioration of labour from 5% or more by an accident shall be subsidised. Once allowance is regulated as follows:

a) a 5% decline likely labour are entitled to 5, the general minimum wages, then just add 1% decline then enjoy an additional 0.5, the general minimum wages.
b) outside the allowance specified in point a of this paragraph, also enjoying more time subsidies do coaches, athletes focus (if have time intermittently then is carried), from one year (twelve months) back down by 0.5 months wages (wages day x 26 days) , then just add each year (though 12 months) is an additional 0.3 month public money.
3. Coaches, athletes die during training focus, then people worry about burial funeral subsidies received by ten, the general minimum wage.
The case of coaches, athletes die by accident while training, competing or dying during the first treatment due to accident while training, the competition outside the funeral allowance, family support once by thirty-six months of the general minimum wage, article 8. Once support coaches, athletes not subject to social insurance participation when only the coach, athlete (the end of my career as coach, peak athletes) are subsidised. For every year (12 months) as coach, athletes focus (if have time intermittently then calculated incremental) enjoy 1.5 months (26 days/month) wages before only the coach, athlete, but also the lowest in 2 months wages.
When calculating the incremental time do coaches, athletes (including time as coach, provincial, industry and national level) for the calculation of benefits under the provisions of this Article, if there are odd under the month 3, then no, if enough from 3 months up to 6 months are counted as 1/2 in , from the 6th to 12th, rounded 1 year.
Example 2: a national team athlete Tran Van E not subject to join compulsory social insurance, have the time to be the competent bodies to convene to focus training and competition are as follows: in the team 7 years (each year was 6 months); national team 2 in 3 consecutive months. When only do athletes Tran Van E is calculated once the voucher as follows:-time to enjoy computer support at a time (7 years x 6 months) + 27 = 69, Contrasts: with 5 years, 9 months. Rounded is 6 years.
-Wage before as athletes of the national team are: 150,000 VND/person/day x 26 days = 3,900,000 copper-the total amount of the subsidy is: 3,900,000 copper x 9 months = 35,100,000 Council chapter IV COMPENSATION MODE of ACCIDENT article 9. Reporting, investigating the accident and the responsibility to resolve mode for patient 1. The coach, an accident or die during the workout, compete in the country declaring the accident investigation regulations, as follows: a) for the deadly accident, the agency used athletes, coaches are responsible to report to the police at district level and Inspection Department of labor, invalids and Social Affairs of the province the central cities, where labor accident to conduct the investigation in accordance with circular No. 12/2012/TTLT-BYT-BLDTBXH on May 21, 2012 of the Ministry of labor, invalids and Social Affairs, the Ministry of health guide declaring, census, statistics and labour accident report.
b) with respect to the other accident, the agency used athletes, coaches organized investigation and reporting as specified in circular No. 12/2012/TTLT-BYT-BLDTBXH on May 21, 2012 of the Ministry of labor, invalids and Social Affairs, the Ministry of health guide declaring, investigate reports, statistics and labour accidents.
2. The coach, athlete dies in an accident or when established practice, competitions in foreign countries, the head of the Sports Division is responsible for organizing the investigation, set up the minutes in which clearly identify the cause of the accident, the liability of the Organization, individuals related to accidents; provides profile, documents related to the accident for inspection of the Department of labor, invalids and Social Affairs the central cities, where coach administration, headquartered or where coaches, athletes of residence (if coach , not subject to social insurance, compulsory health insurance) to look up the minutes, investigate the accident in accordance with circular No. 12/2012/TTLT-BYT BLDTBXH on May 21, 2012 of the Ministry of labor, invalids and Social Affairs, the Ministry of health guidelines declaring , census, statistics and labour accident report.
3. The results of the investigation of the accident is grounds for determining the responsibility and compensation for coaches, athletes of the accident or the relatives of the coach, who was killed by accident.
4. Agency use of coaches, athletes, governing bodies, in coordination with the coaches, athletes perform compensation mode for coaches, athletes of the accident or the relatives of the coach, who was killed by accident.
Article 10. Accident compensation mode 1. The coach, athlete, paid from the State budget while rehearsing, die or suffer an accident leads to deterioration of labour from 5% or more, the governing body of the coach, athletes have the responsibility to compensate with a level equal to the minimum level stipulated in detail a b, point 1, paragraph 4 Article 1 of Decree 114/2002/ND-CP dated 27 December 2002 by the Government on the amendments and supplements to some articles of Decree No. 06/CP dated 20 January 1995 from the Government detailing a number of articles of the labor code on occupational safety Labor hygiene.
Salary compensation calculation base is the average salary (including Professional salaries, and allowances if applicable) of the adjacent 6 months before the coach, athlete, was convened to focus training and competition.
2. Coaches, athletes in audience participation compulsory social insurance, unemployment insurance, compulsory health insurance and not paid from the State budget while training, die or suffer an accident leads to deterioration of labour from 5% or over , the agency used athletes, coaches are responsible to compensate with varying by the minimum level stipulated in detail a, b point 1, paragraph 4 Article 1 of Decree 114/2002/ND-CP dated 27 December 2002 by the Government on the amendments and supplements to some articles of Decree No. 06/CP dated 20 January 1995 from the Government detailing a number of articles in The labor law, labor safety, labor hygiene.
Salary compensation is calculated based on average salary under a contract of coaches, athletes with bodies, the governing body of the coach, athlete (including professional salary and allowances, if any) of the adjacent 6 months before the coach, athlete, was convened to focus training and competition.
If the salary and allowances (if any) exceed, the maximum salary for social insurance premiums in accordance with the law on social insurance at the time of the accident, then retrieved, the maximum salary for social insurance regulations at the time of the accident as a base calculated compensation.
3. Coaches, athletes are not paid from the State budget, not subject to participate in compulsory social insurance while training, die or suffer an accident leads to deterioration of labour from 5% or more, then the agency used athletes, coaches are responsible for compensation once the maximum rate prescribed in detail a b, point 1, paragraph 4, article 1 of Decree 114/2002/ND-CP dated 27 December 2002 by the Government on the amendments and supplements to some articles of Decree No. 06/CP dated 20 January 1995 from the Government detailing a number of articles of the labor code on occupational safety Labor hygiene, salary compensation is calculated as a base wage by day are charged according to the provisions in clause 1 article 1 of decision No. 32/2009/QD-TTg of the Prime multiplied by 26 days.
4. where the working time of the coach, as defined in paragraph 1, paragraph 2 this does not suffice, then took 6 months of salary, before their adjacent coaches, athletes convened to focus training and competitions for the calculation of compensation.
5. Coaches, athletes participate in compulsory social insurance accident or died while rehearsing, performing, the accident compensation mode in addition to the provisions in this Article also enjoy social insurance mode of labor accidents in accordance with the law on social insurance.
Chapter V article 11 BONUS MODE. Rewards for athletes at the international competitions athletes established in the international tournament entitled the bonus level as prescribed in paragraph 1 of article 3 of decision No. 32/2009/QD-TTg. Sports Group 1, in Group II by the Ministry of culture, sports and tourism is regulated on the basis of the sport was brought into the competition program of the Congress Summer and winter Olympic Games.
Article 12. Rewards for athletes in the international youth tournament runners up in the competition of the Southeast Asian Youth Championship, Asia, and the world was awarded according to the following levels: 1) sports for athletes to under 12 years: 20% bonus level bonus levels respectively prescribed in paragraph 1 of article 3 of decision No. 32/2009/QD-TTg. 2) dissolution books for athletes from age 12 to under 16 years: 30% bonus level bonus levels respectively prescribed in paragraph 1 of article 3 of decision No. 32/2009/QD-TTg. 3) Sports Award for athletes from age 16 to under 18 years: the bonus level by 40% of the corresponding bonus level prescribed in paragraph 1 of article 3 of decision No. 32/2009/QD-TTg. 4) Sports Award for athletes from age 18 to under 21 years of age: 50% bonus level bonus levels respectively prescribed in clause 1 of article 3 of decision No. 32/2009/QD-TTg. Article 13. Reward for coach in the international competitions, the international youth tournament

1) for individual competition: the direct coach to train athletes up achievements in competitions, the general rate is calculated by bonus levels for athletes. The rate of Division of prize money is done according to the principle: direct coach coaching the team was 60%, direct coach athlete training facility before joining the team was 40%.
2) for collective competition: the direct coach training competition team established the area was awarded the general rate by the number of coaches in accordance with respective bonus levels for athletes won.
The number of coaches of the team are reward was regulated under the following levels:-for the team in the Division has rules from 2 to 5 athletes competed: general rate calculated for 1 coach.
-For the team in the Division has regulated from 6 to 12 athletes competed: general rate calculated for 2 coaches.
-For the team in the Division has rules from 13 athletes and over: the general rate for 3 coaches.
3) for sports content team competition: bonus Levels for coaches by coaches amounts prescribed in clause 2 of this Thing with 50% bonus levels respectively.
Article 14. Rewards for athletes, coaches at the students, international students and for coaches, athletes established area of the sports students, students in the world, Asia, Southeast Asia, enjoy bonus levels by 30% the level specified in paragraphs 1, 2, 3, 4 and 5 of article 3 of decision No. 32/2009/QD-TTg on 6/6/2011 by the Prime Minister.
Article 15. Rewards for athletes, coaches in the League specific bonus Level for coaches, athletes when it broke the record, won the gold medal, silver, at the national sport, national championships, the National Youth Award by the people's Committee of the central cities, and the Ministry of athlete management, that decision.
Article 16. Reward for the collective sport for collective sports, general rate by the number of people who participate in collective sports entertainment with bonus levels respectively.
Example 3: Vietnam national football team of 18 athletes registered photographers in 26 matches, won the silver medal. Bonus levels for the Vietnam national football team is: 25,000,000 copper x 18 = 450,000,000.
Example 4: Rowing boat racing team consists of four athletes, won the gold medal in the four-person sailing boat racing championship in Southeast Asia. Rate for this team is: 40 million dong x 4 people = 160,000,000.
Article 17. Reward for the team sports for the sport to have the content team competition (sport that tournament achievements of each individual and the team is determined in the same contest), the number of athletes was rewarded when the established area of under the provisions of the Charter. General rate by the number of athletes with 50% of the corresponding bonus Level.
Example 5:2 athletes: do van A, Nair B, Le Van C team gold medalist in rifle 3 position shooting Championship at Southeast Asia. Rate for athletes is this: 40,000,000 copper x 50% x 2 people = 60,000,000.
Chapter VI the RESPONSIBILITY and SOURCE of FUNDING to PAY Article 18. The responsibility of the Ministry of culture, sports and tourism of the Ministry of culture, sports and tourism to pay the wages, social premiums, health insurance, treatment, accident, pension and compensation prescribed for coaches, athletes in the squad, the team thought of national child; genus bonuses for coaches, athletes, team youth team reached the national tournament achievements in the international sports award as prescribed in this circular from the sports budget resources are allocated annually by the Ministry of culture, sports and tourism.
Article 19. The responsibility of the provincial people's Committee, the central cities of the province people's Committee, the central cities spend public money, social premiums, health insurance, treatment, accident, pension and compensation prescribed for coaches, athletes in the national team , the young team, the gifted team by the provincial people's Committee, the city of centrally managed; bonuses for coaches and athletes ' achievement at the national tournament and the provincial tournament, central cities as prescribed in this circular from funding the sports career of local.
Article 20. The responsibilities of the ministries in the Central Government ministries in the Central Government spend public money, social premiums, health insurance, treatment, accident, pension and compensation prescribed for coaches, athletes in the team, the team of young, gifted by the Ministry team his management departments; bonuses for coaches and athletes ' achievement at the national tournament, and the competition level under the provisions of this circular.
Article 21. Funding source make funds made the mode for the object prescribed in this circular are arranged in genus budget estimation sports career every year according to the hierarchy in the current state budget. The agency decision to summon coaches, athletes are responsible for arranging funding regimes prescribed in this circular for coaches, athletes in time to convene.
Private funding Regulation regimes for the team, the team of young, gifted team in the manufacturing business is balance from the source of production costs, the source of profit in accordance with laws and other legal income to ensure; the State budget does not support. Based on the funding activities of the team, the business sector can decide the level of spending was higher, or lower than specified in this circular.
Article 22. Management, using the cost of construction, Executive report, estimation of funding regimes for coaches, athletes and sport is done according to the current rules of the law on the State budget and other documents guiding the implementation of the law. The Ministry of culture, sports and tourism, the ministries and the people's committees of provinces and cities responsible for centrally managed, using State budget funds granted in the right mode, the right audience, ensure effective.
Article 23. Encourage State revenues encourages associations, sports associations, the governing body, using coaches, athletes exploiting the legitimate source of revenue to supplement wages, bonuses, pension treatment, workers ' compensation and the mode, the other policy for coaches , athletes.
Chapter VII IMPLEMENTATION article 24. Effective enforcement of this circular effect since 27 October 2012 and replaces circular No. 34/2007/TTLT-BTC-BLDTBXH-UBTDTT November 9, 2007 of the Ministry of finance, Ministry of labor, invalids and Social Affairs, the Sports Commission guidelines decision No 234/2006/QD-TTg dated 18 October 2006 Prime Minister's Government on several for coaches, athletes and sport.
The mode specified in this circular is applicable from January 22, 2011.
In the process, if there are obstacles, the proposal reflects the timeliness of Minister for research, resolve./.