Luật Thể dục, thể thao sửa đổi 2018 số 26/2018/QH14

LAW

ON AMENDMENTS TO PHYSICAL TRAINING AND SPORTS

Pursuant to Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law on amendments to the Law on Physical Training and Sports No. 77/2006/QH11.

Article 1. Amendments to the Law on Physical Training and Sports

1. Clause 3 Article 4 shall be amended as follows:

“3. Prioritize investment in development of physical training and sports in severely disadvantaged areas; prioritize development of swimming, traditional martial arts and national sports.”.

2. Article 10 shall be amended as follows:

a) Clause 1 Article 10 shall be amended as follows:

“1. Taking advantage of physical training and sport activities to infringe upon the State's interests, nation and lawful rights and interests of organizations and individuals; harming human health, life, honor, dignity and prestige. Physical training and sport activities in contravention of social ethics, fine customs and traditions and cultural identities.”;

b) Clause 7 shall be added to Article 10 as follows:

“7. Organize illegal sports betting or participate in illegal sports betting.”.

3. Article 11 shall be amended as follows:

a) Clause 1a shall be added to Article 11 as follows:

 “1a. Mass physical training and sports are voluntary training, performance, and competitions associated with physical training and sports aiming to promote better physical and spiritual health of participants.”;

b) Clause 6 and Clause 7 shall be added to Article 11 as follows:

“6. Organizations and individuals may enjoy incentive policies as per the law while building and utilizing sports facilities as private sector involvement for the mass physical training and sports.

7. Children, students, senior citizens, disabled people, people with meritorious services to the revolution, ethnic minorities in severely disadvantaged areas and other entities are eligible for exemption from or reduction in tickets for physical training and sports at sports facilities as prescribed by the Government.”.

4. Article 12 shall be amended as follows:

a) Clause 2 Article 12 shall be amended as follows:

“2. Mass physical training and sports movements shall be evaluated based on the following criteria:

a) The number of people habitually doing physical exercises;

b) The number of sports families;

c) The number of physical training and sports collaborators;

d) The number of sports clubs;

dd) The number of sports facilities;

e) The number of annual sports tournaments.”;

b) Clause 3 shall be added to Article 12 as follows:

“3. The Minister of Culture, Sports and Tourism shall elaborate Clause 2 hereof.”.

5. Article 13 shall be amended as follows:

“Article 13. Power to consider holding mass sports tournaments

1. The Prime Minister has power to consider holding the following mass sports tournaments:

a) Regional, continental and world games held in Vietnam for disabled people at the request of the Minister of Culture, Sports and Tourism;

b) Regional, continental and world games held in Vietnam for students, National Phu Dong Sports Game for students at the request of the Minister of Education and Training;

c) Regional, continental and world games held in Vietnam for the armed forces at the request of the Minister of National Defense, the Minister of Public Security.

2. The Minister of Education and Training, the Minister of National Defense, the Minister of Public Security, within their competence, have power to consider holding regional, continental and world sports tournaments in Vietnam for students and the armed forces.

3. The Minister of Culture, Sports and Tourism has power to consider holding regional, continental and world sports tournaments in Vietnam for disabled people; hold national mass sports games.

4. People’s Committees have power to consider holding mass sports tournaments in provinces.

5. Agencies and organizations have power to consider holding mass sports tournaments within their scope of competence.

6. Agencies and organizations having power to consider holding mass sports tournaments shall comply with this Law and stipulate contents, forms, allowances, awards and ensure funding for the tournaments to be held.”.

6. Article 21 shall be amended as follows:

a) Clause 1 and Clause 2 Article 21 shall be amended as follows:

“1. The State adopts policies to reserve land and invest in the construction of facilities for physical education and sports in schools, and ensure sufficient physical training and sports teachers and lecturers for all education and training levels; the state also gives priority to development of swimming, traditional martial arts and national sports.

2. The Minister of Education and Training, the Minister of Labor, War Invalids and Social Affairs, within their competence, shall:

a) Stipulate standards for physical training and sports facilities and equipment for physical education for all education and training levels;

b) Stipulate number and qualifications of physical training and sports teachers and lecturers for all education and training levels;

c) Formulate and promulgate physical education programs, training and refresher courses for physical training and sports teachers and lecturers, and provide guidelines for extra-curricular sports in schools;

d) Promulgate standards for evaluation of students’ physical fitness.”;

b) Clause 5 shall be added to Article 21 as follows:

“5. Ministries, ministerial-level agencies, People's Committees of provinces shall cooperate with public sports establishments under their management and educational institutions to use sports facilities to serve the physical education and sports in schools.".

7. Article 22 shall be amended as follows:

a) Clause 1 Article 22 shall be amended as follows:

“1. Implement physical education curricular as prescribed by the Minister of Education and Training, the Minister of Labor, War Invalids and Social Affairs.”;

b) Clause 6 shall be added to Article 22 as follows:

“6. Encourage and facilitate the development of swimming, traditional martial arts and national sports; establish sports clubs of students.".

8. Clause 4 Article 23 shall be amended as follows:

“4. Receive particular allowances as prescribed by the Government.”.

9. Article 25 shall be amended as follows:

“Article 25. Sports competitions in schools

1. The Ministry of Education and Training, the Ministry of Labor, War Invalids and Social Affairs, People’s Committees shall hold sports competitions to develop physical training and sports movements in schools.

2. The school must hold at least one sports competition every academic year. Contents, forms and sports rules in the competition must be conformable with psychological and physiological characteristics at students’ age and facility condition of the school.”.

10. Clause 3 Article 27 shall be amended as follows:

 “3. Organize armed force-related sports training and competitions intended for their duties, combat and high-achievement sports.”.

11. Article 31 shall be amended as follows:

“Article 31. Development of high-achievement sports

1. High-achievement sports mean systematic sports training and competition of coaches or athletes aiming at gaining sports achievements or records.

2. The State shall pursue a policy to develop high-achievement sports, invest construction of modern facilities and equipment; provide training for athletes and coaches to gain national or international level; hold high-achievement sports games, participate in international sports tournaments; encourage organizations and individuals to develop high-achievement sports; introduce a particular policy for female athletes and coaches during their training and competitions.”.

12. Article 32 shall be amended as follows:

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

1. A high-achievement sports athlete has the following rights:

a) Receive equipment, devices and means for sports training and competitions;

b) Receive medical treatment of their injuries during training and competitions;

c) Receive special nutrition regime, salaries and remuneration associated with the training and competitions as per the law;

d) Adopt safety measures in sports training and competitions;

dd) Participate in and receive benefits from insurance against occupational accident or diseases, medical insurance, social insurance, unemployment insurance as per the law;

e) Facilitate their academic, political and professional learning;

g) Athletes who record outstanding achievements in national and international sports tournaments are entitled to incentives regarding professional training, healthcare, rewards and other benefits as per the law;

h) Athletes who are no longer able to compete shall be enabled to learn a skilled trade and find a job as per the law; and be given priority to do jobs at sports establishments;

i) If an athlete of a national team or team in province or central-affiliated city (hereinafter referred to as province) meets with an accident during sports training and competitions resulting in his/her permanent incapacity for work or death, the athlete or his/her relative is entitled to receive benefits as per the law.

2. A high-achievement sports athlete has the following obligations:

a) Use his/her best efforts to practice and compete to gain high-achievements;

b) Follow training curriculum and lesson plans of his/her coaches;

c) Abide by regulations on sports competition and rules of sports tournaments;

d) Self improve his/her ethical qualities, sense of discipline, and elevate his/her sense of national pride.

3. The Government shall elaborate Points b, c, dd, e, g, h and I Clause 1 hereof.”.

13. Article 33 shall be amended as follows:

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

1. A high-achievement sports coach has the following rights:

a) Receive salaries and special nutrition regime as per the law;

b) Receive training equipment;

c) Adopt safety measures during training;

d) Facilitate their political and professional advancement.

dd) Participate in and receive benefits from insurance against occupational accident or diseases, medical insurance, social insurance, unemployment insurance as per the law;

e) Coaches training athletes who record outstanding achievements in national and international sports tournaments are entitled to incentives regarding professional training, healthcare, rewards and other benefits as per the law.

2. A high-achievement sports coach has the following obligations:

a) Recruit athletes;

b) Manage and educate athletes;

c) Formulate and implement sports training programs with approval of agencies that employ athletes;

d) Adopt safety measures for athletes in sports training and competitions;

dd) Abide by regulations on sports competition and rules of sports tournaments.

3. The Government shall elaborate Points a, dd, and e Clause 1 hereof.”.

14. Article 37 shall be amended as follows:

“Article 37. High-achievement sports tournaments

1. Regional, continental and world sports games held in Vietnam.

2. National sports games.

3. Regional, continental and world championships and junior championships of each sport held in Vietnam.

4. Annual national championships and national junior championships of each sport.

5. Tournaments and matches held or hosted by national sports federations or international sports federations.

6. Provincial championships of each sport.

7. Other high-achievement sports tournaments and matches held by provincial sports federations.”.

15. Article 38 shall be amended as follows:

“Article 38. Power to consider holding high-achievement sports tournaments

1. The Prime Minister has power to consider holding sports tournaments prescribed in Clause 1 and Clause 2 Article 37 of this Law at the request of the Minister of Culture, Sports and Tourism.

2. The Minister of Culture, Sports and Tourism has power to consider holding sports tournaments prescribed in Clause 3 and Clause 4 Article 37 of this Law at the request of national sports federations.

3. The President of People’s Committee of province has power to consider holding the following sports tournaments:

a) Tournaments prescribed in Clause 5 Article 37 of this Law at the request of the President of national sports federation or a legal representative of the organization that hosts the tournament in case of absence of a national sports federation;

b) Tournaments prescribed in Clause 6 Article 37 of this Law at the request of the head of the physical training and sports authority affiliated to the People's Committee of province;

c) Tournaments prescribed in Clause 7 Article 37 of this Law at the request of the President of provincial sports federation.”.

16. Article 38a shall be added as follows:

 “Article 38a. Power to promulgate regulations on sports competitions

1. The President of national sports federation shall promulgate regulations on sports competitions or apply regulations promulgated by international sports federations.

2. In case of absence of a national sports federation, the Minister of Culture, Sports and Tourism shall promulgate regulations on sports competitions or apply regulations promulgated by international sports federations.”.

17. Article 39 shall be amended as follows:

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

1. Rules of sports tournaments prescribed in Clause 1 and Clause 3 Article 37 of this Law shall be applied in accordance with rules of international sports organizations.

2. The Minister of Culture, Sports and Tourism shall consider approving the rules of sports tournaments as prescribed in Clause 2 Article 37 of this Law.

3. The President of national sports federation shall approve the rules of sports tournaments prescribed in Clause 4 and Clause 5 Article 37 of this Law.

In case of absence of a national sports federation, the Minister of Culture, Sports and Tourism shall consider approving the rules of sports tournaments prescribed in Clause 4 and Clause 5 Article 37 of this Law.

4. The President of provincial sports federation shall consider approving the rules of sports tournaments prescribed in Clause 6 and Clause 7 Article 37 of this Law.

In case of absence of a provincial sports federation, the head of physical training and sports authority affiliated to the People's Committee of province shall consider approving the rules of sports tournaments prescribed in Clause 6 and Clause 7 Article 37 of this Law.”.

18. Article 40 shall be amended as follows:

“Article 40. Procedures for hosting high-achievement sports tournaments

1. An applicant for hosting high-achievement sports tournaments shall submit an equivalent application in person, by post or online as prescribed in Clause 2 hereof to the authority that is competent to consider holding the high-achievement sports tournament.

2. An application for hosting high-achievement sports tournament includes:

a) An application form, stating name of tournament, purposes, intended time, venue, number of athletes, facilities, technical equipment, sources of funds and measures to maintain order and safety during the tournament;

b) Rules of sports tournament;

c) Competition schedule.

3. Within 30 days from the date on which the valid and complete application is received, the competent person prescribed in Clause 1 and Clause 2 Article 37 of this Law shall consider holding the sports tournament; if the application is refused, the competent authority must provide explanation in writing.

Within 10 days from the date on which the valid and complete application is received, the competent person prescribed in Clauses 3, 4, 5, 6 and 7 Article 37 of this Law shall consider holding the sports tournament; if the application is refused, the competent authority must provide explanation in writing.”

19. Article 44 shall be amended as follows:

a) Clause 2 Article 44 shall be amended as follows:

“2. The State encourages organizations and individuals to establish professional sports clubs, train athletes and coaches and hold professional sports competitions.”;

b) Clause 3 shall be added to Article 44 as follows:

“3. Professional sports clubs are entitled to receive incentive policies as per the law to serve the professional sports.”.

20. Article 49 shall be amended as follows:

“Article 49. Professional sports clubs

1. Professional sports club is an enterprise that trains and coaches athletes and holds professional sports competitions.

2. Professional sports clubs are members of national sports federations.

3. Professional sports clubs shall abide by regulations of national sports federations and international sports federations when they participate in professional sports competitions held by national sports federations or international sports federations.”.

21. Article 50 shall be amended as follows:

“Article 50. Sports business requirements applied to professional sports clubs

1. Sports business requirements applied to professional sports clubs:

a) Their officials and employees are qualified for professional sports;

c) There are professional athletes and coaches;

c) There are facilities and equipment suitable for professional sports.

2. The Government shall elaborate Clause 1 hereof.”.

22. Clauses 2, 3 and 4 Article 51 shall be amended as follows:

“2. Business registration authorities shall grant business registration certificates to professional sports clubs as prescribed in law on enterprises.

3. A professional sports club may commence its sports business only when it obtains a certificate of eligibility for sports business issued by the physical training and sports authority affiliated to the People's Committee of province as prescribed in Article 50 of this Law.

4. Procedures for issuing a certificate of eligibility for sports business:

a) An application for issuing a certificate of eligibility for sports business;

b) A copy of business registration certificate;

c) A summary of preparation for business requirements as prescribed in Article 50 of this Law.

Within 7 working days from the date on which the valid and complete application is received, the physical training and sports authority affiliated to the People's Committee of province shall verify if the professional sports club meets business requirements prescribed in Article 50 of this Law and issue a certificate of eligibility for sports business; if the application is refused, the competent authority must provide explanation in writing.”.

23. Clause 2 Article 54 shall be amended as follows:

“2. Forms of sports establishments: sports public sector entities, sports enterprises, household businesses and other organizations engaging in sports business.”.

24. Article 55 shall be amended as follows:

“Article 55. Sports business requirements applied to enterprises

1. Sports business requirements applied to enterprises:

a) Their staff members are qualified for the sports business;

b) They have facilities and equipment suitable for sports.

2. Procedures for issuing certificate of eligibility for sports business:

a) An application for issuing a certificate of eligibility for sports business;

b) A summary of preparation for business requirements as prescribed in Article 1 of this Law.

Within 7 working days from the date on which the valid and complete application is received, the physical training and sports authority affiliated to the People's Committee of province shall verify if the professional sports club meets business requirements prescribed in Clause 1 of this Article and issue a certificate of eligibility for sports business; if the application is refused, the competent authority must provide explanation in writing.

3. The Government shall elaborate Clause 1 hereof.”.

25. Article 56 shall be amended as follows:

“Article 56. Household businesses and other organizations engaging in sports business

1. Household businesses and other organizations engage in sports business in accordance with this Law and law on enterprises.

2. Household businesses and other organizations wishing to do business in adventure sports and sports requiring that instructors must register enterprise establishment and meet conditions for that kinds of sports as prescribed by the Government.”.

26. Article 65 shall be amended as follows:

a) Clause 1 Article 65 shall be amended as follows:

“1. In planning, projects for building schools, urban areas, residential areas, industrial zones, hi-tech zones, people's armed barracks must reserve land fund for sports facilities as prescribed by the Government.”;

b) Clause 4 Article 65 shall be amended as follows:

“4. Competent authorities, upon preparing land-use planning, shall reserve land fund for physical training and sports in conformity with the planning of network of culture and sports establishments.”;

c) Clause 5 shall be added to Article 65 as follows:

“5. If land fund intended for physical training and sports facilities are converted to other purposes of use, the competent authorities shall allocate other equivalent land fund as substitution.”.

27. Article 67a shall be added as follows:

 “Article 67a. Sports betting

1. Sports betting is a form of entertainment with rewards in which participants predict the result of sporting events used for betting purpose.2. Sports betting must meet the following rules:

a) Sports betting business is a conditional business activity under the strict control of competent regulatory bodies;

b) Sports betting companies are permitted to operate only after obtaining certificate of eligibility for sports betting issued by competent authorities;

c) Betting business activities must be conduct in a transparent, objective and honest manner and protect rights and legitimate interests of involved parties;

d) The Vietnamese dong is the currency used for sports betting and rewards.

3. The Government shall issue a list of sports activities permitted for sports betting business and provide guidelines for sport betting business.”.

28. Clause 6 Article 69 shall be amended as follows:

“6. Operational costs associated with tasks assigned by the State shall be funded by the State as prescribed in the Law on State Budget.”.

29. Article 71 shall be amended as follows:

a) Clause 5 Article 71 shall be amended as follows:

“5. Operational costs associated with tasks assigned by the State shall be funded by the State as prescribed in the Law on State Budget.”;

b) Clause 12 shall be added to Article 71 as follows:

“12. Recognize facilities and equipment that meet standards for high-achievement sports tournaments.”.

30. Article 79 shall be annulled.

Article 2. Replacement of certain phrases in the Law on Physical Training and Sports

1. Replacing the phrase “chuẩn y” with the phrase “phê duyệt” in Clause 3 Article 68, Clause 3 Article 70 and Clause 2 Article 72.

2. Replacing the phrase “Ủy ban Thể dục thể thao” (Committee of Physical Training and Sports” with the phrase “Bộ Văn hóa, Thể thao và Du lịch” (the Ministry of Culture, Sports and Tourism) in Clause 2 and Clause 3 Article 5, Clause 2 Article 16, Article 19, Clause 4 Article 69 and Clause 9 Article 71.

3. Replacing the phrase “Bộ trưởng, Chủ nhiệm Ủy ban Thể dục thể thao” (Minister or Chairperson of Physical Training and Sports” with the phrase “Bộ trưởng Bộ Văn hóa, Thể thao và Du lịch” (the Minister of Culture, Sports and Tourism) in Point b Clause 2 Article 28, Clause 4 Article 35 , Clause 3 Article 42, Point a Clause 2 Article 57 and Clause 4 Article 61.

Article 3. Entry in force

This Law comes into force as of January 1, 2019.

This Law is passed by the 14th National Assembly of the Socialist Republic of Vietnam at the 5th meeting on June 14, 2018.