Nghị định 112/2007/NĐ-CP Hướng dẫn Luật thể dục, thể thao

DECREE

PROVIDING INSTRUCTIONS ON THE IMPLEMENTATION OF SEVERAL PROVISIONS OF THE LAW ON EXERCISE AND SPORTS

THE GOVERNMENT

Pursuant to the Law on the Government’s Organization Structure dated December 25, 2001; Pursuant to the Law on Exercise and Sports dated November 29, 2006;

At the request of the Minister and President of Exercise and Sports Committee,

HEREBY DECREES

Article 1. Governing scope and applicable entities

1. This Decree provides detailed instructions on the implementation of Articles 4, 10, 11, 21, 28, 31, 50, 53, 55, 56, 57, 65 and 67 of the Law on Exercise and Sports in respect of the following contents:

a) The Government’s policies on the development of exercise and sports;

b) Development of exercise and sports at grassroots and high-performance levels;

c) Education in physical and sports activities at educational institutions and armed forces;

d) Regulation on the use of lands for the development of exercise and sports;

dd) Fund for the development of sports talents;

e) Ownership of high-performance and professional sports contests or events;

g) Prohibited acts in exercise and sports activities;

h) Business of sports activities at professional sports clubs; operation of sports service providers, sports enterprises and sports business households.

2. Applicable entities

a) Regulatory agencies, political institutions, socio-political organizations, socio-political and vocational organizations, social organizations, socio-vocational organizations, economic organizations, public service providers, Vietnam people’s armed forces and Vietnamese citizens (hereinafter referred to as organization and individual involved in exercise and sports activities);

b) International organizations, foreign organization, individual and Vietnamese expatriates participating in exercise and sports activities throughout the entire territory of Vietnam.

Article 2. The Government’s policies on the development of exercise and sports

1. The State budget allotted to exercise and sports activities shall gradually increase every year, which corresponds to the balancing capacity and serves the purpose of developing the exercise and sports. The estimation, allocation and management of the State budget to spend on exercise and sports activities must comply with the Law on the State Budget and other directives on the implementation of the Law on the State Budget.

2. Lands intended for exercise and sports activities:

a) Land-use planning for exercise and sports activities must adhere to the technical standards in respect of the average amount of land serving the exercise and sports purposes per capita, which is suitable for specific regions or territories;

b) Given the practical condition of each locality, the People’s Committee at all administrative levels must set up the land-use planning for exercise and sports activities which will be then submitted to the competent authority to seek their approval under regulations set out in the land law as well as other relevant laws.

3. Organization or individual shall invest in the construction of infrastructural facilities; train and improve the educational background for human forces; find and nurture gifted and talented young sportsmen, sportswomen and athletes; conduct and apply scientific and technological researches in the exercise and sports sector; establish sport-related service supply establishments which are granted tax incentives, concessional credits and preferential policies on lands as prescribed in relevant laws.

4. The State budget shall prioritize investment in developing exercise and sports at areas facing extreme socio-economic difficulties, conserve and develop traditional sports.

a) The investment prioritization shall apply to the followings:

- Assistance in organizing exercise and sports events at the grassroots level;

- Training for exercise and sports coaches or instructors;

- Propagation and instruction in respect of the practicing of sports;

- Construction of infrastructural facilities for the sports center of an area or a region;

- Conservation and development of traditional sports.

b) The Exercise and Sports Committee shall take the lead in cooperating with relevant Ministries and management authorities in regulating the list of traditional sports and games.

Article 3. Prohibited acts in exercise and sports activities

1. Acts of using banned performance-enhancing drugs and methods of practicing and competing in sports:

a) Use banned performance-enhancing drugs in the course of practicing and competing in sports.

The list of banned performance-enhancing drugs shall be issued by the Minister and President of Exercise and Sports Committee in compliance with regulations set out by the World Anti-Doping Agency;

b) Use sport-playing techniques, types of sports or methods of practicing and competing in sports which are likely to harm human health and life or contrary to ethical and traditional values, or cause bad effects on the social security and order.

2. Fraudulent acts in sports:

a) Deliberate misrepresentation of name, age and gender of sportsmen, sportswomen or athletes;

b) Deliberate falsification of sports contest results;

c) Fraudulent acts in sports achievements and the selection of competent sportsmen or sportswomen to serve select teams and study at schools for gifted and talented sports students.

3. Violent acts in sports:

a) Violent and aggressive behaviors in practicing and competing in sports, which are likely to cause injuries and harm the opponent's health;

b) Threats or offensive behaviors against organizations or individuals during their participation in sports.

4. Acts of restricting the legal right of an organization or individual to participate in exercise and sports activities:

a) Failure to organize exercise and sports activities for interested organizations or individuals within the scope of their tasks and duties;

b) Failure to ensure acceptable standards of infrastructural facilities and equipment for the practicing and competition in sports within the scope of their assigned tasks;

c) Abuse of their right or influence peddling to prevent organizations or individuals from participating in exercise and sports activities.

Article 4. Development of exercise and sports at the grassroots level;

1. The Exercise and Sports Committee is responsible to set up the strategy, planning and proposal for the development of exercise and sports at the grassroots level which can agree to and meet demands for the socio-economic development nationwide.

2. People’s Committees of centrally-affiliated cities and provinces are responsible to set up the strategy, planning and proposal for the development of exercise and sports at the grassroots level which can suit demands for their local socio-economic development as well as national planning and proposal for the development of exercise and sports.

3. Investment in the development of infrastructural facilities for exercise and sports activities at the grassroots level

a) Public exercise and sports facilities include:

- Stadium;

- Sports playground;

- Center for the practicing and competition in sports;

- Swimming pool;

- Other facilities.

b) The People’s Committee at all administrative levels must ensure the sufficient number of employees for the construction of public sports facilities at their localities according to the following regulations:

- Each village and hamlet (including those located in mountainous or remote areas) must build a simply-equipped facility for the practicing of sports;

- Each commune, ward and town must build at least one facility for exercise and sports activities as stipulated at Point a of this Clause;

- Each district and city of a province (hereinafter referred to as district) must have at least two district-level facilities for exercise and sports activities such as stadiums, swimming pools and sports centers;

- Each centrally-affiliated province and city must possess certain provincial facilities for exercise and sports activities such as stadiums, swimming pools and sports centers.

4. Encourage organizations or individuals to get involved in exercise and sports activities by:

a) Constructing and operating public exercise and sports facilities;

b) Establishing exercise and sports clubs at the grassroots level;

c) Popularize, guide and organize sports events for people to practise exercise and sports;

d) Help and support the disabled to participate in exercise and sports activities; prepare coaching manuals, lessons and techniques so that the disabled are able to participate in the practicing of sports; invest in researching and producing special-purpose equipment and devices which enable the disabled to practise and compete in sports;

dd) Provide necessary support for the elderly to participate in exercise and sports activities; popularize sports practice methods; cooperate with the Association of the Elderly to establish exercise and sports clubs for the elderly residing at communes, wards and towns.

Article 5. Sports and exercise collaborator

1. Sports and exercise collaborators are expected to have a good command of exercise and sports science. The remuneration shall be paid to them for the fulfillment of their tasks in mobilizing and guiding people to participate in exercise and workout activities, sports performance and contest events, and developing exercise and sports movements at the grassroots level.

2. Based on the general planning for the sector of exercise and sports, the Department of Exercise and Sports of centrally-affiliated cities and provinces shall be responsible to develop and implement the plan for recruiting and training more collaborators after being approved by the President of People’s Committees of centrally-affiliated cities and provinces.

3. The Minister and President of Exercise and Sports Committee shall provide for the collaborator’s skills and expertise.

4. The Ministry of Finance shall direct and cooperate with the Exercise and Sports Committee in providing instructions on the payment of remuneration to these exercise and sports collaborators.

Article 6. Responsibility of regulatory agencies, organizations and enterprises for providing necessary conditions for the participation in exercise and sports activities of their employees

1. State agencies, organizations and enterprises must prepare and provide suitable equipment and facilities for employees to participate in the sports practicing and contest.

2. Heads of these entities must be responsible to set out the rules that enable their employees to do exercises at break time or before they start their work for the purpose of preventing and avoiding any sense of fatigue and occupational diseases.

3. The Exercise and Sports Committee must take the lead in cooperating with the Ministry of Health and the Ministry of Labor, War Invalids and Social Affairs in guiding such entities to comply with regulations on doing physical activities to prevent and avoid occupational diseases, which is required to be suitable for each sector and profession.

Article 7. Responsibility for the development of physical and sports activities at schools and educational institutions

1. The Ministry of Education and Training in cooperation with the Exercise and Sports Committee shall design national programs and standards for the physical and sports subject to be learned at these schools and other educational institutions in the national education system with reference to specific educational grades and levels.

2. The Ministry of Education and Training shall cooperate with the Ministry of Home Affairs and the Exercise and Sports Committee:

a) Set out requirements that every exercise and sports teacher and lecturer must fulfill;

b) Determine the fixed number of exercise and sports teachers and trainers on the payroll for each educational grade and level to achieve the goal and meet the demand for getting students or learners at these schools and educational institutions to become taller.

3. Regulatory agencies of exercise and training, schools and other educational institutions in the national education system shall be responsible to facilitate the operation of sports clubs and subordinate sports centers for students and learners.

4. Schools and other educational institutions must ensure that the facilities serving the purpose of learning the exercise and sports science shall be properly developed and used in accordance with regulations enshrined in the Law on Education, Exercise and Sports as well as other relevant laws.

Article 8. Facilities serving the purpose of physical and sports activities at armed forces;

1. The State budget for the purpose of national defense and security and other revenues shall be retained to ensure the development of necessary facilities and equipment, the training of sportsmen, sportswomen, athletes and coaches at armed forces.

2. Land parcels intended for the purpose of exercise and sports activities at armed forces must be managed and used in accordance with legal regulations on lands reserved for the purpose of national defense and security.

Article 9. Construction of facilities for the development of high-performance sports

1. The State budget shall be allocated to provide facilities and equipment for the following construction works:

a) Key construction works at the national level;

b) National sports training centers and regional sports centers;

c) Sports training centers at centrally-affiliated cities and provinces.

2. Responsibility for the construction of facilities for the development of high-performance sports

a) The Exercise and Sports Committee in association with the Ministry of Planning and Investment, the Ministry of Finance, the Ministry of Construction shall set up the planning for the development of infrastructural system for exercise and sports activities as prescribed at Point a and b Clause 1 of this Article, which will be then submitted to the Prime Minister to seek the approval;

The Ministry of Planning and Investment in cooperation with the Ministry of Finance shall allow for the sufficient budget for the development of exercise and sports structures as stipulated at Point a and b Clause 1 of this Article;

b) The People’s Committee of centrally-affiliated cities and provinces shall formulate the planning and proposal for investment in the development of sports facilities as prescribed at Point c Clause 1 of this Article which will be then submitted to the People’s Council at the same level to seek the approval and allocation of the State budget for the execution of sport-related projects.

Article 10. Training and nurturing sportsmen, sportswomen, athletes and coaches

1. The Exercise and Sports Committee must cooperate with Ministries and relevant management authorities in:

a) Formulating the strategy, planning and plan for the training and nurturing of sportsmen, sportswomen or athletes in which further attention should be paid to those who can compete in Olympic sports; setting the goal of striving to keep pace with the world level and making major investment in the development of several sports;

b) Studying and applying scientific and technological advances into the training and coaching program;

c) Building and completing policies on the training, nurturing and preference for coaches, athletes, sportsmen or sportswomen for submission to the Prime Minister.

2. The Ministry of Education and Training, the Ministry of National Defense, the Ministry of Public Security together with relevant Ministries and management authorities, the People’s Committee of centrally-affiliated cities and provinces, shall be responsible to train and nurture coaches, athletes, sportsmen or sportswomen of their Ministries, management authorities and local governments under instructions provided by the Exercise and Sports Committee.

The training and coaching of athletes, sportsmen or sportswomen; improvement of skills and expertise for coaches and referees; enhancement of professional knowledge for the management staff of high-performance sports, physicians, doctors, technicians and caretakers shall be annually funded by the State budget as prescribed in the Law on the State budget.

3. Organization or individual participating in the training of athletes, sportsmen or sportswomen shall be granted the preferential policies on tax, credit and land under current laws.

Article 11. Required qualifications of sports officials and employees working at professional sports clubs

These officials and employees consist of professional coaches, doctors and health workers.

1. Professional coaches are those who have obtained associate or higher degree in exercise and sports science, or who keep a certificate of expertise in sports issued by an equivalent Federation of National or International Sports.

2. Doctors and health workers must obtain the certificate of sports medicine issued by competent agencies.

Article 12. Ownership of a high-performance and professional sports league or contest

1. National sports federation, professional sports club, organization or individual that organizes the contest or league of high-performance and professional sports shall have the following rights:

a) Create the contest or league of high-performance and professional sports in the fixed form of audio and video recordings;

b) Directly or indirectly copy the contest or league of high-performance and professional sports that has been turned into the fixed form of audio and video recordings;

c) Broadcast or relay the contest or league of high-performance and professional sports to the public in any other forms;

d) Distribute an original or duplicate of the contest or league of high-performance and professional sports in the form of sale, lease or by any technical devices which can be accessible to the public.

2. The owner of the contest or league of high-performance and professional sports is entitled to transfer the ownership as agreed between two contracting parties. Procedures for the ownership transfer and assignment agreement shall comply with regulations on the intellectual property set out in the civil law.

3. Cases in which the use of the contest or league of high-performance and professional sports does not require permission from and payment to the owner are composed of:

a) Extract less than 10% of total duration of each contest or game to serve as the communicative information;

b) Make a copy at their discretion to serve the purpose of scientific researches or lectures.

Article 13. Requirements for the sports business

1. Sports service supply enterprises must provide facilities and equipment that adhere to national technical regulations.

2. Enterprises that provide instructions on the practicing or training of sportsmen, sportswomen and athletes are required to:

a) Satisfy all requirements mentioned in Clause 1 of this Article;

b) Recruit a sufficient staff of qualified executives and employees.

The Minister and President of Exercise and Sports Committee shall issue national technical regulations that sport-related facilities and equipment must observe and qualifications that each executive and employee working in each type of sports must hold.

Article 14. Sports business households

1. The legal owner of a sports business household as stipulated in Article 56 of the Law on Exercise and Sports must be Vietnamese citizen or a group or a family household. They are obliged to register their business at only one legal location, recruit less than 10 employees, keep no stamp and put all of their property up as collateral to secure their obligations incurred during sports business activities.

2. Right to establish a business household, procedures for the business registration and any adjustment to the business registration for a business household shall comply with the law on enterprises.

Article 15. Sports service providers

1. Sports service providers include a public or non-public entities that provide sports services.

2. Public sports service provider

a) A public sports service provider must be established under the decision of the competent authority and is an independent business unit with their own stamp and accounting system in accordance with laws;

b) Procedures for the establishment, restructuring and dissolution of a public sports service provider shall adhere to the Government’s Decree No.83/2006/ND-CP dated August 17, 2006;

c) The public sports service provider shall be granted the responsible autonomy in performing their tasks, establishing the organization structure, managing employees on the payroll and dealing with financial issues in accordance with the Government’s Decree No.43/2006/ND-CP dated April 25, 2006.

3. Non-public sports service provider

a) Non-public sports service providers are established by social organizations, socio-vocational organizations, economic institutions, individuals, individual groups or residential communities are self-financed and brought into operation under laws;

b) Non-public sports service providers shall enjoy preferential policies as prescribed in the Government’s Decree No.53/2006/ND-CP dated May 25, 2006 on the policy on promoting the development of non-public sports service providers and other relevant laws.

Article 16. Lands intended for exercise and sports activities at schools and residential areas

1. The People’s Committee at all administrative levels must ensure the adequacy of lands for the construction of sports facilities in their planning for the development of urban and residential areas and schools as mentioned in national technical regulations.

2. The Ministry of National Defense and the Ministry of Public Security must reserve land parcels for the construction of sports facilities in their planning for the establishment of military camps for the people's armed forces.

3. The approval for the construction planning for new urban, residential areas, schools, military camps of the people's armed forces by competent authorities must comply with regulations specified in Clause 1 or 2 of this Article.

Article 17. Management and use of lands for exercise and sports:

Organization or individual who receives and rents lands owned by the Government in order to serve the purpose of constructing sports facilities shall be responsible to manage and use such lands in a proper and legal manner.

Lands that may be used in breach of the contractual terms shall be revoked under regulations set out in the Law on lands.

Article 18. Development of land-use planning and proposal for exercise and sports activities

1. Land-use planning and proposal for exercise and sports activities must conform to the law on lands and obey the following principles:

a) Public disclosure and compliance with national technical regulations;

b) Conformity to the local land-use planning and compliance with regulations specified at Point a Clause 2 Article 2 of this Decree.

2. Responsibility for the development of land-use planning and proposal for exercise and sports activities

a) The Exercise and Sports Committee in cooperation with the Ministry of Natural Resources and Environment must define the demand for the use of lands serving the purpose of exercise and sports activities under the authority of the Exercise and Sports Committee;

b) The Department of Exercise and Sports in association with the Department of Natural Resources and Environment shall help the People’s Committee of centrally-affiliated cities and provinces in determining the demand for the use of lands for exercise and sports at their localities.

Article 19. Fund for the development of sports talents

1. The fund for the development of sports talents is established by organizations or individuals with the aim of supporting the detection and training of sports talents.

2. The organization and operation of the fund for the development of sports talents shall adhere to legal regulations on Social Funds and other relevant legislative documents.

Article 20. Entry into force

This Decree shall come into force after 15 days as from the date on which it is published on the Official Gazette.

Previous regulations in contrast to this Decree shall be made defunct.

Article 21. Implementation

1. The Minister and President of Exercise and Sports Committee shall guide and implement this Decree.

2. Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, Presidents of People’s Committees of centrally-affiliated cities and provinces, organizations and individuals have the rights and duties to implement this Decree./.