Chương III Luật Thể dục, Thể thao 2006: Thể thao thành tích cao

Chapter III

HIGH-ACHIEVEMENT SPORTS

SECTION 1. HIGH-ACHIEVEMENT SPORTS

Article 31.- Development of high-achievement sports

The State adopts policies to develop high-achievement sports, invest in the construction of modern material foundations and supply of modern equipment and devices; train athletes and coaches up to national and international levels; organize high-achievement sports competitions and the participation in international sports tournaments; and encourages organizations and individuals to participate in high-achievement sports development.

Article 32.- Rights and obligations of high-achievement sports athletes

1. During the time of training and competition, athletes have the following rights and obligations:

a/ To be supplied with equipment, devices and means for sports training and competition;

b/ To receive medical treatment of their injuries;

c/ To be entitled to a special nutrition regime and remuneration under the Prime Minister's regulations;

d/ To apply safety measures;

e/ To follow training programs and plans set by their coaches;

f/ To abide by regulations on sports competition and rules of sports tournaments.

2. To participate in health insurance and social insurance under the provisions of law; to receive general, political and professional education.

3. To improve their ethical qualities and metal strength and elevate their sense of national pride.

4. Athletes who record outstanding achievements in national and international sports tournaments are entitled to preferences regarding professional training, healthcare, rewards and other preferences under the Prime Minister's regulations.

5. Athletes who are no longer able to compete shall be given priority by the State in job training and employment in accordance with law.

Article 33.- Rights and obligations of high-achievement sports coaches

1. During the time of training and competition, coaches have the following rights and obligations:

a/ To be entitled to a special nutrition regime and remuneration under the Prime Minister's regulations;

b/ To elaborate and implement sports training plans and programs;

c/ To select athletes;

d/ To manage and educate athletes;

e/ To apply measures to ensure safety for athletes;

f/ To abide by regulations on sports competition and rules of sports tournaments.

2. To study in order to raise their political and professional qualifications; to enjoy social insurance and health insurance under the provisions of law.

3. Coaches of athletes who record outstanding achievements in national and international sports tournaments are entitled to preferences regarding professional training, healthcare, rewards and other preferences under the Prime Minister's regulations.

Article 34.- Rights and obligations of high-achievement sports referees

1. To have their safety secured while performing their profession.

2. To be provided with professional training according to regulations.

3. To be entitled to remunerations according to law.

4. To administer the competition in accordance with regulations on sports competition and sport tournament rules.

5. To be honest and fair in competition administration.

Article 35.- National sports teams, national sports delegations

1. A national sports team is a group of officials, coaches and athletes of a given sport and medical staff, which is set up for training and international competition.

2. A national sports delegation consists of national sports teams, which is set up for competition at a specific regional or world sports meet.

3. Funds for training and competition of national sports teams and national sports delegations shall be covered by the state budget, funds of the Vietnam Olympic Committee, national sports federations, national sports associations (hereinafter collectively referred to as national sports federations) and other lawful funding sources.

4. The Vietnam Olympic Committee shall manage national sports delegations; national sports federations shall manage national sports teams.

The Minister-Director of the Committee for Physical Training and Sports shall specify the order of and procedures for the establishment of national sports delegations and national sports teams.

Article 36.- Criteria of athletes of national sports teams

1. To be selected into a national sports team, an athlete must fully satisfy the following criteria:

a/ Being a Vietnamese citizen;

b/ Having professional capabilities and qualifications meeting the selection criteria of the training board of the team;

c/ Possessing good ethical qualities.

2. Overseas Vietnamese who fully meet the criteria specified in Clause 1 of this Article may be selected into national sports teams in accordance with Vietnam's law and regulations of international sports organizations.

Article 37.- High-achievement sports tournaments

1. Regional, continental and world sports meets; regional, continental and world championships of each sport held in Vietnam.

2. National physical training and sports meets.

3. Annual national championships and national junior tournaments of each sport.

4. Provincial/municipal championships of each sport.

Article 38.- Competence to organize high-achievement sports tournaments

1. The Prime Minister shall decide to organize sports tournaments specified in Clauses 1 and 2, Article 37 of this Law, at the proposal of the Minister-Director of the Committee for Physical Training and Sports.

2. The Minister-Director of the Committee for Physical Training and Sports shall decide to organize sports tournaments specified in Clause 3, Article 37 of this Law, at the proposal of national sports federations.

3. Presidents of provincial-level People's Committees shall decide to organize sports tournaments specified in Clause 4, Article 37 of this Law.

Article 39.- Competence to promulgate rules of high-achievement sports tournaments

1. Rules of sports tournaments specified in Clause 1, Article 37 of this Law shall comply with regulations of international sports organizations.

2. The Minister-Director of the Committee for Physical Training and Sports shall approve rules of national physical training and sports meets.

3. Presidents of national sports federations shall approve rules of sports tournaments specified in Clause 4, Article 37 of this Law.

4. Presidents of provincial-level People's Committees shall approve rules of sports tournaments specified in Clause 4, Article 37 of this Law.

Article 40.- Procedures of application for hosting high-achievement sports tournaments

1. A dossier of application for hosting a high-achievement sports tournament consists of:

a/ An application for hosting a sports tournament, clearly stating the objectives of, and financial sources, material foundations, technical equipment and devices for, the tournament;

b/ Rules of the sports tournament;

c/ A list of members of the organizing committee of the sports tournament;

d/ The competition program and other activities under the sports tournament;

e/ The title, medals, badges, pennant and symbol of the tournament.

2. Within thirty days after receiving a valid and complete dossier, the person competent to decide on the organization of the sports tournament as specified in Clauses 1 and 2, Article 38 of this Law shall make a written reply to the applicant; in cases of refusal, he/she shall clearly state the reasons therefor.

Within fifteen days after receiving a valid and complete dossier, the person competent to decide on the organization of the sport tournament defined in Clause 3, Article 38 of this Law shall make a written reply to the applicant, in case of refusal, he/she shall clearly state the reasons therefor.

Article 41.- Recognition of results of high-achievement sports competition

National sports federations shall recognize national records of sports and the results of domestic and international sports competition.

Article 42.- Grades of high-achievement sports athletes, coaches and referees

1. Grading of sports athletes, coaches and referees aim to evaluate their professional qualifications.

2. National sports federations shall recognize the grades of sports athletes, coaches and referees.

3. The Minister-Director of the Committee for Physical Training and Sports shall specify criteria for awarding grades to sports athletes, coaches and referees.

Article 43.- Standards of material foundations, equipment and devices for high-achievement sports training and competition

Material foundations, equipment and devices for high-achievement sports training and competition must satisfy Vietnam standards and conform with regulations of international sports organizations or meet international standards.

SECTION 2. PROFESSIONAL SPORTS

Article 44.- Development of professional sports

1. Professional sports means sports activities in which coaches and athletes consider sports training, performance and competition as their profession.

2. The State encourages organizations and individuals to set up professional sports clubs.

Article 45.- Rights and obligations of professional athletes

1. Professional athletes shall sign labor contracts with professional sports clubs.

2. Rights and obligations of professional athletes shall be exercised and performed under labor contracts signed with professional sports clubs.

3. Labor contracts signed between professional athletes and professional sports clubs must comply with the law on labor and conform with regulations of relevant international sports organizations.

Article 46.- Rights and obligations of professional coaches

1. Professional coaches shall sign labor contracts with professional sports clubs or national sports federations.

2. Rights and obligations of professional coaches shall be exercised and performed under labor contracts signed with professional sports clubs or national sports federations.

3. Labor contracts signed between professional coaches and professional sports clubs or national sports federations must comply with the law on labor and conform with regulations of relevant international sports organizations.

Article 47.- Transfer of professional athletes

1. The transfer of a professional athlete who still has a valid labor contract between two domestic professional sports clubs shall be effected under a contract.

2. The transfer of a professional athlete between a Vietnamese professional sports club and a foreign professional sports club must comply with this Law and transfer regulations of international sports federations.

3. The order of and procedures for transfer of professional athletes shall be provided for by national sports federations in conformity with Vietnamese law and regulations of international sports federations of which they are members.

Article 48.- Contracts on transfer of professional athletes

1. Contracts on transfer of professional athletes must comply with Vietnamese law, treaties to which the Socialist Republic of Vietnam is a contracting party and international practice.

2. Contracts on transfer of professional athletes shall be agreed upon in writing by involved parties, each covering the following contents:

a/ The subject of the transfer;

b/ Parties to the transfer;

c/ The transfer form and scope;

d/ The duration of the transfer;

e/ The transfer price and payment mode;

f/ Rights and obligations of the parties to the contract;

g/ Compensation liability and level of each party upon breach of the contract;

h/ Dispute settlement body;

i/ Other contents agreed upon by the parties.

Article 49.- Professional sports clubs

Professional sports clubs are enterprises which are set up by organizations or individuals to train athletes and organize professional sports competitions; carry out business and service activities in the sports domain and other domains under the provisions of law.

Professional sports clubs are members of national sports federations.

Article 50.- Conditions for professional sports clubs to conduct sports business

1. Having sports personnel who are capable of meeting the requirements of professional sports activities.

2. Having professional athletes and professional coaches.

3. Having material foundations, equipment and devices suitable to professional sports activities.

4. Having financial sources for their operation.

Article 51.- Order of and procedures for business registration, business suspension, splitting, division, merger, transformation, dissolution and bankruptcy of professional sports clubs

1. The order of and procedures for business registration, business suspension, splitting, division, merger, transformation and dissolution of professional sports clubs are defined in the Enterprise Law; bankruptcy of professional sports clubs shall be governed by the Bankruptcy Law.

2. Business registration agencies shall grant business registration certificates to professional sports clubs under the Enterprise Law.

Within seven working days from the date of granting a business registration certificate, the business registration agency shall send a copy of that certificate to the agency performing the state management of physical training and sports of the same level.

3. A professional sports club may only carry out sports business activities after it is granted the business qualification certificate by the provincial-level People's Committees under Article 50 of this Law.

4. A dossier of application for a sports business qualification certificate consists of:

a/ An application for a certificate;

b/ A brief report on the prepared business conditions specified in Article 50 of this Law.

Within seven working days after receiving a complete and valid dossier, the provincial-level People's Committee shall inspect sports business conditions of the professional sports club according to Article 50 of this Law for the grant of a business qualification certificate; in case of refusal, it shall issue a written reply clearly stating the reasons therefor.

Article 52.- Tasks and powers of professional sports clubs

1. To participate in professional sports tournaments organized by national sports federations or international sports federations.

2. To train professional sports athletes.

3. To discover, select and foster sports talents.

4. To sign labor contracts with professional athletes and professional coaches.

5. To ensure material foundations, equipment and devices for sports training and competition.

6. To ensure financial sources for their operation.

7. To carry out production, business and service activities according to law.

8. To be entitled to preferential policies on the use of material foundations, equipment and devices managed by the State.

9. To enjoy conditions created by the State to increase their lawful revenues.

10. To receive and use donations and contributions of domestic as well as foreign organizations and individuals.

Article 53.- Ownership right to high-achievement sports tournaments and professional sports tournaments

1. The protection of ownership right to high-achievement sports tournaments and professional sports tournaments shall be governed by the civil law and intellectual property law.

2. National sports federations, professional sports clubs and other organizations and individuals that organize high-achievement sports tournaments and professional sports tournaments are owners of these high-achievement sports tournaments and professional sports tournaments.

3. Owners of high-achievement sports tournaments and professional sports tournaments may transfer the ownership right to these sports tournaments to organizations or individuals under contracts agreed upon by the parties.

4. The Government shall specify the ownership right to high-achievement sports tournaments and professional sports tournaments.