Circular No. 01/2023/TT-BVHTTDL amending and supplementing certain provisions of Circular No. 17/2015/TT-BVHTTDL dated December 30, 2015, issued by the Minister of Culture, Sports and Tourism on anti-doping in sports activities.

CIRCULAR

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF CIRCULAR NO. 17/2015/TT-BVHTTDL OF DECEMBER 30, 2015, ISSUED BY THE MINISTER OF CULTURE, SPORTS AND TOURISM ON PREVENTION AND CONTROL OF DOPING IN SPORT ACTIVITIES

Pursuant to the Law on Physical Culture and Sports dated November 29, 2006 and the Law Amending and Supplementing Certain Provisions of the Law on Physical Culture and Sports dated June 14, 2018;

“1. Position

Pursuant to Decree No. 01/2023/NĐ-CP dated January 16, 2023 of the Government providing for the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

At the proposal of the Director-General of the General Department of Physical Training and Sport;

The Minister of Culture, Sports and Tourism issues this Circular to amend and supplement certain articles of Circular No. 17/2015/TT-BVHTTDL dated December 30, 2015, issued by the Minister of Culture, Sports and Tourism on prevention and control of doping in sport activities.

Article 1. Amending and supplementing certain articles of Circular No. 17/2015/TT-BVHTTDL dated December 30, 2015, issued by the Minister of Culture, Sports and Tourism on prevention and control of doping in sport activities

1. Supplement Clause 11 of Article 4 as follows:

"11. Discrimination and persecution of persons reporting doping violations."

2. Amending and supplementing Clause 11 as follows:

"Article 11. Therapeutic Use Exemption Board

1. The head of the competition organizing committee establishes the Treatment Exemption Review Board to examine the legitimacy of treatment for athletes registered to compete in the competition who apply for treatment exemption. In cases where the Treatment Exemption Review Board is not established, the competition organizing committee shall forward the athlete's application for treatment exemption to the Anti-Doping and Sports Medicine Center for examination.

2. The Director of the Doping and Sports Medicine Center establishes a Therapeutic Use Exemption Board to review the appropriateness of treatment for the following applications:

a) Applications for therapeutic use exemptions submitted by the Competition Organizing Committee as stipulated in Clause 1 of this Article;

b) Applications for therapeutic use exemptions from athletes not covered by point a of this Clause.

3. The Treatment Exemption Review Board consists of five or seven members, including medical experts, operating under democratic principles, majority voting, and in accordance with the provisions of the World Anti-Doping Code.

4. The authority specified in Clause 1 and Clause 2 of this Article may decide to change the members of the Treatment Exemption Review Board if there are clear reasons indicating that they may not be impartial while performing their duties. The decision to change the members of the Treatment Exemption Review Board must clearly state the reasons and grounds for the change.

5. Based on the conclusion of the Treatment Exemption Review Board, within three working days from the date of receipt of the athlete's application for treatment exemption registered to compete in the competition, the competition organizing committee or the Anti-Doping and Sports Medicine Center shall notify in writing whether they approve or disapprove the treatment exemption for the athlete and provide the reasons.

6. Based on the conclusion of the Treatment Exemption Review Board, within ten working days from the date of receipt of the athlete's application for treatment exemption not falling under the provisions of Clause 5 of this Article, the Anti-Doping and Sports Medicine Center shall notify in writing whether they approve or disapprove the treatment exemption for the athlete and provide the reasons.

7. The written approval of the competition organizing committee for the athlete's treatment exemption is only valid for the competition. The written approval of the Anti-Doping and Sports Medicine Center for the athlete's treatment exemption is valid for a specific period consistent with the athlete's medical records and in accordance with the World Anti-Doping Organization's standards for treatment exemptions."

Article 2. Replacing phrases in Circular No. 17/2015/TT-BVHTTDL dated December 30, 2015, issued by the Minister of Culture, Sports and Tourism on prevention and control of doping in sport activities

Replace the phrase "consisting of five to seven members" with the phrase "consisting of five or seven members" in Clause 3 of Article 12.

Article 3. Effectiveness

1. This Circular takes effect from April 15, 2023.

2. During implementation, if any difficulties arise, agencies, units, and individuals are requested to promptly report to the Ministry of Culture, Sports and Tourism for research and appropriate amendments and supplements.