Chương IV Luật Thể dục, Thể thao 2006: Cơ sở thể thao

Chapter IV

SPORTS ESTABLISHMENTS

Article 54.- Forms of sports establishments

1. Sports establishments include:

a/ Sports athlete training centers.

b/ Sports centers;

c/ Sports service centers;

d/ Professional sports clubs;

e/ Sports-oriented schools.

2. Sports establishments shall operate in either of the two forms of sports enterprise and sports non-business unit.

Article 55.- Sports enterprises

1. Sports enterprises are set up and operate under the Enterprise Law, this Law and relevant laws.

2. Conditions for operation of sports enterprises include:

a/ Having professional employees who meet the operation requirements;

b/ Having material foundations, equipment and devices meeting the requirements of sport activities;

c/ Having financial sources for business activities.

3. Business registration agencies shall grant business registration certificates to sports enterprises under the Enterprise Law.

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

4. Sports enterprises may only carry out business activities after they are granted the business qualification certificates by competent People's Committees as specified in Clause 2 of this Article.

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

a/ An application for a certificate;

b/ A brief report on the prepared business conditions specified in Clause 2 of this Article.

Within seven working days after receiving a complete and valid dossier, the competent People's Committee shall inspect the enterprise's operation conditions specified in Clause 2 of this Article for the grant of a certificate; in case of refusal, it shall reply in writing, clearly stating the reasons therefor.

6. The establishment and operation of professional sports clubs must comply with Articles 49, 50, 51 and 52 of this Law, and relevant laws.

7. The establishment and operation of sports enterprises by foreign organizations and individuals or overseas Vietnamese must comply with the Investment Law, the Enterprise Law, this Law and other relevant laws.

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

Article 56.- Sports business households

1. Sports business households shall observe this Law and the Enterprise Law.

2. Sports business households that regularly employ ten or more laborers shall register for enterprise establishment.

Article 57.- Sports non-business units

1. Sports non-business units are organized and operate under this Law and relevant laws.

2. Competence to establish and permit the establishment of sports non-business units:

a/ The Minister-Director of the Committee for Physical Training and Sports shall decide to establish national athlete training centers;

b/ Ministers, heads of ministerial-level agencies and government-attached agencies shall decide to establish sports athlete training centers, sports centers and sports service establishments under their ministries or agencies;

c/ Presidents of People's Committees of all levels shall decide to establish or permit the establishment of sports athlete training centers, sports centers and sports service establishments in their respective localities.

Article 58.- Termination of operation, merger, splitting, division, consolidation and dissolution of sports non-business units

1. Sports non-business units have their operation terminated in the following cases:

a/ They have committed serious violations of regulations on their operation or task performance;

b/ They fail to comply with regulations on material foundations, equipment, facilities and professional staff;

c/ They violate regulations on financial management.

2. Sports non-business units are dissolved in the following cases:

a/ They fail to remedy the violations specified in Clause 1 of this Article within six months after the date of termination of operation;

b/ At the proposal of organizations or individuals that have applied for the establishment of sports non-business units.

3. The persons who have decided to establish or permitted the establishment of sports non-business units are competent to decide on the termination of operation, splitting, division, merger, consolidation and dissolution of sports non-business units.

Article 59.- Tasks and powers of sports athlete training centers

1. To organize sports training and competition.

2. To care for, nurture, and organize general and ethical education for, athletes.

3. To recruit, manage and use their employees.

4. To manage, exploit and use material foundations, equipment and devices.

5. To ensure safety for athletes.

6. To receive and use donations and contributions of organizations and individuals.

Article 60.- Tasks and powers of sports centers and sports service establishments

1. To organize physical training and sports activities in accordance with their registered contents.

2. To provide services for trainees.

3. To ensure safety for trainees in the course of training and competition in their establishments.

4. To recruit, use and manage their employees.

5. To manage and use their land, material foundations, equipment and devices.

6. To receive and use donations and contributions of organizations and individuals.

7. To support and create conditions for children, the elderly and the disabled to participate in physical training and sports activities.

Article 61.- Sports-oriented schools

1. Sports-oriented schools are specialized schools set up to develop pupils' sports aptitudes.

The organization and operation of sports-oriented schools are governed by the Education Law and this Law.

2. Conditions for the establishment of sports-oriented schools

a/ Having programs on professional training in sports, which are formulated and decided by the school principals;

b/ Having sufficient and ethically and professionally qualified administrators and teachers capable of achieving the objectives of sports and education programs;

c/ Having material foundations, equipment and financial sources meeting operation requirements.

3. Presidents of provincial-level People's Committees shall decide to establish sports-oriented schools.

4. The Minister of Education and Training shall coordinate with the Minister-Director of the Committee for Physical Training and Sports in providing the general education program to be taught in sports-oriented schools that ensures general academic knowledge for pupils and creates conditions for the schools to train and foster sports talents.

Article 62.- Tasks and powers of sports-oriented schools

1. To implement programs on professional sports training stated at Point a, Clause 2, Article 61 of this Law.

2. To organize the teaching of the general education program stated in Clause 4, Article 61 of this Law.

3. To participate in sports competitions.

4. To organize ethical education for pupils.

5. To care for the health of pupils, nurture them and facilitate their cultural, recreational and entertainment activities.

6. To recruit, manage and use their employees.

7. To manage, exploit and use their material foundations, equipment and devices.

8. To receive and use donations and contributions of organizations and individuals.

Article 63.- Rights and obligations of pupils in sports-oriented schools

1. To receive general education.

2. To be trained in sports for which they have aptitudes.

3. To stay in dormitories.

4. To be entitled to a special nutrition regime under the Prime Minister's regulations.

5. To be entitled to healthcare and have their safety ensured during sports training and competition.

6. To participate in sports tournaments.

7. To be selected for overseas training.

8. To well observe internal rules and regulations of the schools.

9. To actively participate in general education, improve ethical qualities and professional skills to develop their sports aptitudes.

10. Where a pupil does not wish to continue study at a sports-oriented school, he/she may be transferred to a general school suitable to his/her current educational level.