Circular No. 01/2024/TT-BVHTTDL stipulates on preventing and combating doping in sports activities.

CIRCULAR

REGULATIONS ON PREVENTION AND COMBATING 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;

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 of the Sports Training Administration,

The Minister of Culture, Sports and Tourism promulgates this Circular on prevention and combating of doping in sport activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Circular stipulates regulations on prevention and combating of doping in sport activities, including:

a) Education and communication;

b) Doping testing;

c) Result management;

d) Responsibilities of organizations and individuals in preventing and combating doping.

2. Prevention and combating of doping in sport activities shall be carried out in accordance with the World Anti-Doping Code, international standards of the World Anti-Doping Agency, and Vietnam's anti-doping regulations.

Article 2. Applicability

This Circular applies to organizations and individuals participating in sport activities, other organizations and individuals related to sports in Vietnam; and Vietnamese organizations and individuals participating in sport activities abroad.

Article 3. Explanation of Terms

In this Circular, the following terms shall be understood as follows:

Anti-doping organization in Vietnam is the entity assigned by the Sports Training Administration to implement anti-doping work in sports training activities in compliance with the World Anti-Doping Code and relevant Vietnamese laws.

WADA is the English abbreviation for the World Anti-Doping Agency.

Therapeutic use exemption is the permission granted to athletes to use prohibited substances or methods during treatment, provided that it complies with the corresponding provisions of the World Anti-Doping Code and international standards on therapeutic use exemptions.

Result management is a term described in the World Anti-Doping Code.

Professional appeal and complaint regarding anti-doping is the act of an individual or organization requesting reconsideration of their rights when they are penalized under the World Anti-Doping Code due to violation of anti-doping rules. The procedures and processes for handling appeals and complaints follow the provisions of the World Anti-Doping Code.

Article 4. Principles of prevention and combating of doping in sport activities

1. Anti-doping activities shall be organized regularly to ensure athletes train and compete in a doping-free sporting environment.

2. Compliance with the regulations of the World Anti-Doping Agency, international standards, and relevant Vietnamese laws concerning prevention and combating of doping in sport activities shall be ensured.

3. There shall be close and effective cooperation between domestic and foreign organizations and individuals engaged in sport activities in prevention and combating of doping.

4. Athletes shall be adequately educated and informed about knowledge on prevention and combating of doping.

5. Respect for the independence of the anti-doping organization in Vietnam, without interfering in its decisions and professional activities, in accordance with the World Anti-Doping Code.

Article 5. Violations of the World Anti-Doping Code

1. Presence of a prohibited substance, metabolite, or marker of a prohibited substance in an athlete's sample.

2. Use or intentional use of a prohibited substance or method.

3. Evading, refusing, or missing a sample collection without force majeure after notification.

4. Violation of requirements related to the presence of an athlete for out-of-competition doping control.

5. Tampering with or obstructing any stage of the doping control process.

6. Possession of a prohibited substance or method.

7. Trafficking in prohibited substances or methods.

8. Administering a prohibited substance or method to an athlete during competition or outside competition; supporting, encouraging, assisting, instructing, covering up, or being involved in any form of conspiracy violating anti-doping regulations.

9. Complicity or cover-up for one or more violations specified from Clause 1 to Clause 8 of this Article.

10. An athlete having a professional relationship with a coach, trainer, doctor, or anyone currently under disciplinary action for violating anti-doping regulations.

11. Discrimination or harassment against persons reporting doping violations.

Chapter II

EDUCATION AND COMMUNICATION

Article 6. Objectives of Education and Communication

1. Enhance awareness about anti-doping, preventing athletes from using prohibited substances and methods in sports activities.

2. Protect the rights and obligations of athletes.

3. For a healthy, fair, doping-free sports environment.

Article 7. Content of Education and Communication

1. Principles and values related to clean sports.

2. Rights and responsibilities of athletes, athlete support personnel, and other groups under the World Anti-Doping Code.

3. Strict liability principles.

4. Consequences of doping on physical and mental health, social and economic impacts, and penalties.

5. Violations of anti-doping regulations.

6. Prohibited substances and methods listed in the Prohibited List.

7. Risks associated with the use of dietary supplements.

8. Use of medication and Therapeutic Use Exemptions.

9. Doping control procedures, including urine, blood, and athlete biological passport testing.

10. Requirements for the registered testing pool, including declarations of whereabouts, training locations, and use of anti-doping databases.

11. Speaking out to share concerns about doping.

Chapter III

DOPING CONTROL

Article 8. Authority for Doping Control

1. The national anti-doping organization has the authority to conduct doping controls on all athletes according to the World Anti-Doping Code.

2. Athlete management agencies and sports event organizing committees may request the national anti-doping organization to conduct doping controls on athletes when necessary, in accordance with the World Anti-Doping Code.

3. In cases where international sports federations authorize or require doping controls, the national anti-doping organization shall cooperate with relevant sports federations to carry out doping controls in accordance with the World Anti-Doping Code and international standards on Testing and Investigations by the World Anti-Doping Organization.

Article 9. Sample Collection for Doping Control

1. The national anti-doping organization is responsible for:

a) Planning and implementing sample collection for doping control.

b) Ensuring that the sample collection, storage, and transportation processes comply with the World Anti-Doping Code and relevant international standards.

2. Sample collectors must be trained and certified in accordance with the World Anti-Doping Code and relevant international standards.

Article 10. Notification of Doping Test Results

1. Within five working days from the date of receiving the doping test results, the national anti-doping organization shall notify in writing the test results to:

a) The Sports Administration Bureau;

b) The agency or organization requesting doping control, the athlete, and the athlete's managing entity.

2. For athletes whose samples show suspected doping violations, the notification of results shall be carried out in accordance with the World Anti-Doping Code and relevant international standards.

Article 11. Therapeutic Use Exemptions for Athletes

1. Athletes who must use prohibited substances or methods for treatment based on medical records must obtain approval for a therapeutic use exemption in accordance with the World Anti-Doping Organization and International Standards for Therapeutic Use Exemptions.

2. An athlete does not violate the World Anti-Doping Code if prohibited substances or methods are detected in a sample or possession, provided they have a valid therapeutic use exemption allowing the use of prohibited substances or methods as required.

Article 12. Treatment Exemption Council

1. The Director of the Anti-Doping Organization in Vietnam shall establish a Treatment Exemption Council in accordance with the International Standard for Treatment Exemptions to examine the appropriateness of treatment in athletes' treatment exemption applications.

2. The Treatment Exemption Council shall consist of from three to nine members, the number of which must be odd. Members of the Council are medical experts and individuals meeting the requirements stipulated in the World Anti-Doping Code and the International Standard for Treatment Exemptions.

3. The Treatment Exemption Council operates on the principle of democracy, majority voting, and in compliance with the provisions of the World Anti-Doping Code and the International Standard for Treatment Exemptions.

4. The Treatment Exemption Council is responsible for implementing the review, evaluation, and approval process for athletes' treatment exemptions based on the provisions of the World Anti-Doping Code and the International Standard for Treatment Exemptions.

5. The duration of operation of the Treatment Exemption Council shall be carried out according to the Decision establishing the Council.

Chapter IV

MANAGEMENT OF RESULTS

Article 13. Results Management Council

1. The Director of the Anti-Doping Organization in Vietnam decides to establish a Results Management Council.

2. Members of the Results Management Council are independent experts, including legal, sports, and medical experts, and individuals meeting the requirements stipulated in the World Anti-Doping Code and the International Standard for Results Management.

3. The Results Management Council consists of from three to nine members, the number of which must be odd, operating on the principle of democracy, majority voting, and in compliance with the professional regulations of the World Anti-Doping Code and the International Standard for Results Management.

4. The duration of operation of the Results Management Council shall be carried out according to the Decision establishing the Council.

Article 14. Responsibilities of the Results Management Council

1. Evaluate and determine violations by athletes and related individuals as prescribed in Article 5 of this Circular.

2. Conclude on the handling of athletes and related individuals.

Article 15. Notification of Handling Conclusion

Within three working days from the date of receiving the conclusion of the Results Management Council, the Anti-Doping Organization in Vietnam shall notify the Council's conclusion to the athlete, national sports associations, units employing athletes, and related organizations and individuals.

Article 16. Handling Appeals and Professional Objections Regarding Anti-Doping

1. Within twenty-one days from the date of receipt of the treatment exemption conclusion or violation handling conclusion, athletes, individuals, and organizations related parties have the right to appeal or professionally object to the treatment exemption conclusion or violation handling conclusion. For objections raised by WADA, the right to object and the objection period are defined in the World Anti-Doping Code.

2. The General Department of Sports shall decide to establish an Appeals and Professional Objection Council regarding anti-doping to consider and resolve appeals and objections in accordance with the provisions of the World Anti-Doping Code. The Council is established in accordance with the principles of respecting the requirements set forth in the definition of organizational and operational independence under the World Anti-Doping Code, the International Standard for Results Management, and in compliance with the provisions of the Law on Physical Culture and Sports.

3. The Appeals and Professional Objection Council operates on the principle of democracy, majority voting, and in compliance with the provisions of the World Anti-Doping Code and the International Standard for Results Management.

4. The Appeals and Professional Objection Council consists of from three to nine members, the number of which must be odd, including the Chairperson and other members. Members of the Council are independent experts, including legal, sports, and medical experts, and individuals meeting the requirements stipulated in the World Anti-Doping Code and the International Standard for Results Management.

5. International athletes, athletes competing in international sports events, or in other cases specified in the World Anti-Doping Code have the right to directly appeal to the Court of Arbitration for Sport (CAS).

6. The duration of operation of the Appeals and Professional Objection Council regarding anti-doping shall be carried out according to the Decision establishing the Council.

Chapter V

RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN ANTI-DOPING

Article 17. Responsibilities of the Sports Fitness Department

1. Submit to the Minister of Culture, Sports and Tourism for issuance within their authority documents, strategies, policies, and plans on preventing and combating doping in sports activities.

2. Direct and organize the implementation of documents, strategies, policies, and plans on preventing and combating doping in sports activities.

3. Organize information dissemination, education, and communication on preventing and combating doping in sports activities.

4. Organize training and enhance human resources participating in preventing and combating doping in sports activities.

5. Expand international cooperation in scientific research, training, financial support, and information exchange related to preventing and combating doping in sports activities.

Article 18. Responsibilities of Anti-Doping Organizations in Vietnam

1. Adhere to roles and responsibilities stipulated in the World Anti-Doping Code and international standards.

2. Take primary responsibility for implementing anti-doping work in Vietnam.

3. Build a team of volunteers and collaborators for sample collection and testing, develop educational and communication programs on preventing and combating doping.

4. Coordinate with press agencies under the Ministry of Culture, Sports and Tourism to implement educational and communication work on preventing and combating doping.

5. Guide athletes to provide accurate and updated information about their residence and training, exemption files due to treatment, and other forms according to the World Anti-Doping Code and relevant international standards.

6. Manage and protect data on preventing and combating doping in accordance with the World Anti-Doping Code, international privacy and personal information protection standards, and Vietnamese laws.

7. Coordinate with anti-doping agencies and international organizations to strengthen anti-doping efforts in sports activities.

8. Monitor and urge the implementation of conclusions on handling violations related to preventing and combating doping in sports activities.

9. Perform other tasks prescribed in the World Anti-Doping Code.

Article 19. Responsibilities of Provincial Departments of Culture, Sports and Tourism; Departments of Culture and Sports

1. Develop plans and coordinate with Anti-Doping Organizations in Vietnam to organize the implementation, education, and communication on preventing and combating doping; regularly inspect, monitor, and urge the implementation of anti-doping work for athletes, coaches, and medical staff under their jurisdiction.

2. Handle violations related to preventing and combating doping against athletes, coaches, and individuals involved within their authority.

3. Annually report to the Sports Fitness Department on anti-doping work at the local level.

Article 20. Responsibilities of the Vietnam Olympic Committee, Vietnam Paralympic Association, and National Sports Associations

1. Establish professional conduct rules and ethical standards for athletes, coaches, and sports referees linked to preventing and combating doping.

2. Coordinate with Anti-Doping Organizations in Vietnam to organize training sessions and propaganda to enhance knowledge on preventing and combating doping for officials, medical staff, coaches, and athletes participating in sports training and competition.

3. Implement additional measures as provided in the regulations of the organization if deemed necessary for athletes, coaches, and officials under their management who violate laws on preventing and combating doping beyond the provisions of the World Anti-Doping Code.

4. Respect autonomy and not interfere in decisions and activities of Anti-Doping Organizations in Vietnam as stipulated in the World Anti-Doping Code.

5. Annually report the results of anti-doping work to the Sports Fitness Department.

6. Fulfill roles and responsibilities as prescribed in the World Anti-Doping Code.

7. National Sports Associations have the responsibility to cooperate with Anti-Doping Organizations in Vietnam to investigate and provide information related to violations of the World Anti-Doping Code.

7. National Sports Associations are responsible for coordinating with the Anti-Doping Organization in Vietnam to investigate and provide information related to violations of the World Anti-Doping Code.

Article 21. Responsibilities of Training Institutions for Athletes

1. Provide complete and accurate information about athletes to specialized agencies responsible for implementing anti-doping inspection tasks as prescribed.

2. Cooperate with the Anti-Doping Organization in Vietnam to implement education and communication programs on preventing and combating doping for athletes, coaches, and medical staff at training institutions.

Article 22. Responsibilities of Medical Personnel and Coaches

1. Adhere to the provisions of the World Anti-Doping Code and Vietnamese laws on preventing and combating doping.

2. Regularly study, enhance knowledge, and update information on prohibited substances and methods in sports training and competition, and regulations on Therapeutic Use Exemptions.

3. Promote, educate, and prevent violations of the World Anti-Doping Code.

4. Guide athletes to complete their Therapeutic Use Exemption files, residence, and training files.

5. Cooperate with the Anti-Doping Organization in Vietnam to investigate cases of violation of the World Anti-Doping Code.

6. Fulfill their roles and responsibilities as stipulated by the World Anti-Doping Code.

Article 23. Responsibilities of Athletes

1. Adhere to the provisions of the World Anti-Doping Code and Vietnamese laws on preventing and combating doping.

2. Regularly study, enhance knowledge, and update information on prohibited substances and methods in sports training and competition, and regulations on Therapeutic Use Exemptions.

3. Strictly comply with the conclusions of violation handling.

4. Cooperate with the Anti-Doping Organization in Vietnam to investigate violations of the World Anti-Doping Code.

Chapter VI

IMPLEMENTING PROVISIONS

Article 24. Effective Date

1. This Circular takes effect from July 9, 2024.

2. The following legal documents shall cease to be effective from the date this Circular takes effect:

a) Circular No. 17/2015/TT-BVHTTDL dated December 30, 2015, issued by the Minister of Culture, Sports and Tourism, providing regulations on preventing and combating doping in sports activities.

b) Circular No. 01/2023/TT-BVHTTDL 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, providing regulations on preventing and combating doping in sports activities.

3. In case the referenced documents in this Circular, the World Anti-Doping Code, and international standards are amended or supplemented, they will be applied and implemented according to new regulations consistent with Clause 2, Article 3 of the Law on Physical Education and Sports.

Article 25. Implementation organization

1. The General Department of Sports Administration is responsible for guiding, inspecting, and monitoring the implementation of this Circular.

2. During the implementation process, if any difficulties arise, organizations and individuals related to the matter are requested to report to the Ministry of Culture, Sports and Tourism (through the General Department of Sports Administration) for timely research, amendment, and supplementation./.