Decree No. 106/2016/NĐ-CP on conditions for operating sports activities

THE GOVERNMENT -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness ---------------
Number: 106/2016/NĐ-CP	Hanoi, July 1, 2016

DECREE

REGULATIONS ON CONDITIONS FOR OPERATING SPORTS ACTIVITIES

Pursuant to the Law on Organization At the proposal of dated June 19, 2015;

Pursuant to the Law on Physical Culture and Sports dated November 29, 2006; the 2006 years;

Pursuant to the Investment Law dated November 26, 2014;

At the proposal of the Minister of Culture, Sports and Tourism;

At the proposal of promulgating this Decree on conditions for operating sports activities.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree stipulates conditions for operating sports activities and issuing Certificates of Compliance with Conditions for Operating Sports Activities.

Article 2. Applicability

This Decree applies to business establishments operating sports activities, organizations, and individuals related to operating sports activities.

This Decree does not apply to professional sports clubs.

Article 3. Explanation of Terms

In this Decree, the following terms are understood as follows:

1. Operating sports activities means using sports facilities and equipment to provide one, several, or all services of training guidance, training, performance, and sports competitions for profit-making purposes.

2. A business establishment operating sports activities is a company, a business household, or other establishments having the function of operating sports activities.

3. Dangerous sports activities are sports activities carried out under dangerous conditions requiring strict adherence to methods and training requirements to ensure safety for the health and lives of participants.

Article 4. Fee for Assessment for Issuing Certificate of Compliance with Conditions for Operating Sports Activities

The collection, payment, management, and use fee for assessment for issuing Certificate of Compliance with Conditions for Operating Sports Activities (hereinafter referred to as the Certificate of Compliance) conditionsshall be implemented in accordance with the provisions of laws on fees and charges.

Chapter II

CONDITIONS FOR OPERATING SPORTS ACTIVITIES

Article 5. Conditions for Operating Sports Activities

1. Business establishments operating sports activities must meet the following conditions:

a) Having sports facilities and equipment meeting the requirements for sports activities as prescribed by the Minister of Culture, Sports and Tourism;

b) Having financial resources to ensure the operation of sports activities. Financial resources are the responsibility of the business establishment operating sports activities;

c) Having specialized staff when operating sports activities as prescribed in Clause 2 and Clause 3 of this Article,

2. Business establishments operating sports activities falling into any of the following cases must have a training instructor as prescribed in Clause 1 of Article 6 of this Decree.

a) Providing training guidance services;

b) Operating sports activities listed in the Catalogue of Mandatory Training-Guided Sports Activities. The Catalogue of Mandatory Training-Guided Sports Activities is prescribed by the Minister of Culture, Sports and Tourism.

3. Business establishments operating dangerous sports activities must have the following specialized staff:

a) A training instructor as prescribed in Clause 1 of Article 6 of this Decree;

b) Rescue personnel as prescribed in Clause 2 of Article 6 of this Decree;

c) On-site medical personnel as prescribed in Clause 3 of Article 6 of this Decree or an agreement with the nearest healthcare facility regarding medical personnel to provide first aid and emergency care for participants in dangerous sports activities if necessary.

The Catalogue of Dangerous Sports Activities is prescribed by the Minister of Culture, Sports and Tourism.

Article 6. Conditions Regarding Specialized Staff

The conditions regarding specialized staff of business establishments operating sports activities as prescribed in Clause 2 and Clause 3 of Article 5 of this Decree are as follows:

1. Training instructors must meet one of the following conditions:

a) Being a coach or athlete consistent with the registered sports activity at a level of Class 2 or higher or equivalent;

b) Holding a degree in physical culture and sports from a secondary level or higher that is appropriate to the registered sports activity;

c) Undergo specialized sports training according to the regulations of the Minister of Culture, Sports and Tourism.

2. Rescue personnel at business establishments operating sports activities are those who have been trained professionally according to the regulations of the Minister of Culture, Sports and Tourism.

3. Medical personnel at business establishments operating sports activities must have a professional qualification from a secondary level of healthcare or higher.

Article 7. Conditions for operating certain specific sports activities in the Field of Teachers and Educational Institution Managers 1. Conditions for operating indoor sports activities and training fields:

a) The conditions prescribed in Article 5 of this Decree;

b) Having sufficient floor area for indoor training fields to meet the requirements for sports activities as specified by the Minister of Culture, Sports and Tourism.

2. Conditions for operating sports activities in airspace, sea areas, rivers, lakes, mountainous regions, or other public areas:

b) Having a business operation area for sports activities in airspace, sea areas, rivers, lakes, mountainous regions, or other public areas. This business operation area for sports activities is determined by the sports business operator itself.

b) Having sufficient floor area for indoor training fields to meet the requirements for sports activities as specified by the Minister of Culture, Sports and Tourism.

3. Conditions for operating sports activities in swimming pools:

b) The water in the swimming pool must meet the standard quality limits for potable water that have been published.

b) Having sufficient floor area for indoor training fields to meet the requirements for sports activities as specified by the Minister of Culture, Sports and Tourism.

Article 8. Ensuring conditions for operating sports activities

1. A sports activity business operator must ensure the maintenance of the conditions stipulated in this Decree throughout the entire period of operating sports activities.

2. An enterprise may only operate sports activities from the date it is granted a Certificate of Compliance with Business Conditions.

3. Households and other entities may only operate sports activities when they meet all the conditions stipulated in this Decree.  date APPLICATION, RENEWAL, REVOCATION OF THE CERTIFICATE OF COMPLIANCE WITH BUSINESS CONDITIONS FOR ENTERPRISES

Article 9. Certificate of Compliance with Business Conditions

Chapter III

1. The Certificate of Compliance with Business Conditions shall be issued according to Model No. 01 attached to this Decree, including the following main contents:

b) Location of sports activity business operations;

c) List of sports activities being operated;

a) Name and main office address of the enterprise;

d) Number, date, month, year of issuance; issuing authority of the Certificate of Compliance with Business Conditions.

2. The issuing authority of the Certificate of Compliance with Business Conditions is the People's Committee of the province or centrally-administered city, or the Department of Culture, Sports and Tourism (Department of Culture and Sports) in cases where it has been authorized.

Article 10. Application Documents for Issuance of the Certificate of Compliance with Business Conditions

1. An application form according to Model No. 02 attached to this Decree. of the National Assembly; 2. A summary of the preparation of business conditions for sports activities according to Model No. 03 attached to this Decree (including a copy of the Enterprise Registration Certificate; copies of diplomas, certificates, and professional staff certification if applicable under Clause 2 and Clause 3 of Article 5 of this Decree).

Article 11. Procedures for Issuance of the Certificate of Compliance with Business Conditions

Application documents for issuance of the Business Operating Conditions Certificate include:

1. An enterprise submits one set of application documents to the issuing authority at the location of the business operation.

The issuing authority issues a receipt for the submission of documents to the enterprise. In cases where the documents need to be amended or supplemented, the issuing authority directly informs the enterprise or sends a written notice within three working days from the date of receipt of the documents.

2. Within seven working days from the date of receipt of complete documents, the issuing authority organizes the review of conditions and issues the Certificate of Compliance with Business Conditions. If the certificate is not issued, the issuing authority must provide a written response and specify the reasons.

1. The enterprise submits one set of application files to the authority issuing the Certificate of Compliance at the registered business location.

The authority issuing the Certificate of Compliance shall issue a receipt for the file submitted by the enterprise. In cases where the file needs to be amended or supplemented, the authority issuing the Certificate of Compliance shall notify the enterprise directly or in writing of the necessary amendments or supplements within three working days from the date of receipt of the file.

2. Within seven working days from the date of receiving all required files as stipulated, the authority issuing the Certificate of Compliance shall organize the assessment of conditions and issue the Certificate of Compliance. In case of non-issuance, the authority issuing the Certificate of Compliance must provide a written response and specify the reasons. a written notice copy and state the reasons.

3. The receipt of application files and issuance of results shall be conducted at the issuing authority's office or through postal service or electronic means.

Article 12. Reissuing the Certificate of Eligibility

1. A business entity shall be reissued the Certificate of Eligibility in one of the following cases:

a) Changing one of the contents of the Certificate of Eligibility as prescribed in points a, b, and c, Clause 1, Article 9 of this Decree;

b) The Certificate of Eligibility being lost or damaged.

2. The application dossier for reissuing the Certificate of Eligibility in the case prescribed in point a, Clause 1 of this Article includes:

a) An application form for reissuance according to Model No. 04 attached to this Decree;

b) The previously issued Certificate of Eligibility;

c) Documents proving the change in the content of the Certificate of Eligibility.

3. The application dossier for reissuing the Certificate of Eligibility in the case prescribed in point b, Clause 1 of this Article includes:

a) An application form for reissuance according to Model No. 04 attached to this Decree;

b) The damaged Certificate of Eligibility in the event of damage.

Article 13. Procedures for reissuing the Certificate of Eligibility

1. The enterprise submits one set of application dossier to the authority issuing the Certificate of Eligibility at the business registration location. 1. NATIONAL UNIVERSITIES ARE PUBLIC HIGHER EDUCATION INSTITUTIONS MANAGED BY THE MINISTRY OF EDUCATION AND TRAINING, HAVE LEGAL PERSONALITY, SEPARATE ACCOUNTS, AND USE STAMPS WITH THE NATIONAL EMBLEM. at the registered business location.

The authority issuing the Certificate of Compliance shall issue a receipt for the file submitted by the enterprise. In cases where the file needs to be amended or supplemented, the authority issuing the Certificate of Compliance shall notify the enterprise directly or in writing of the necessary amendments or supplements within three working days from the date of receipt of the file.

2. Within five working days from the date of receiving the complete dossier as prescribed, the authority issuing the Certificate of Eligibility shall examine the dossier and reissue the Certificate of Eligibility. In case of non-reissuance, the authority issuing the Certificate of Eligibility must reply in writing and specify the reasons.

3. The receipt of application files and issuance of results shall be conducted at the issuing authority's office or through postal service or electronic means.

Article 14. Revoking the Certificate of Eligibility

1. A business entity shall have its Certificate of Eligibility revoked in one of the following cases:

a) Providing false information in the application dossier for issuance of the Certificate of Eligibility;

b) Ceasing sports business operations;

c) Other cases as prescribed by law.

2. Procedure for revoking the Certificate of Eligibility

a) The procedure for revoking the Certificate of Eligibility in the case prescribed in point a, Clause 1 of this Article shall be carried out as follows:

The authority issuing the Certificate of Eligibility shall issue a Decision on Revocation of the Certificate of Eligibility; and notify the Decision on Revocation to relevant agencies for coordination in implementation.

The enterprise must return the issued Certificate of Eligibility and immediately cease all sports business activities upon the effective date of the revocation decision.

b) The procedure for revoking the Certificate of Eligibility in the case prescribed in point b, Clause 1, Article 9 of this Decree shall be implemented as follows: assessment The implementation of point b, Clause 1 of this Article shall be carried out as follows:

Within three working days from the date of ceasing sports operations, the business entity is responsible for returning the Certificate of Eligibility to the authority issuing the Certificate of Eligibility.

Within three working days from the date of receipt of the Certificate of Eligibility returned by the enterprise, the authority issuing the Certificate of Eligibility shall issue the revocation decision and notify the relevant authorities to coordinate in implementation.

Chapter IV

IMPLEMENTATION

Article 15. Transitional Provisions

1. Enterprises holding the Certificate of Eligibility before the effective date of this Decree may continue using the issued Certificate of Eligibility to conduct sports business activities.

2. Enterprises that have submitted complete and valid applications for issuance or reissuance of the Certificate of Eligibility before the effective date of this Decree but have not yet been issued or reissued the Certificate of Eligibility are exempted from the procedures for requesting issuance or reissuance of the Certificate of Eligibility.

Article 16. Effective Date

1. This Decree takes effect from July 1, 2016.

2. Article 13 of Decree No. 112/2007/NĐ-CP dated June 26, 2007 of the Government detailing and guiding the implementation of certain provisions of the Law on Physical Culture and Sports ceases to be effective from the effective date of this Decree.

Article 17. Responsibilities for Guidance and Implementation

1. The Ministry of Culture, Sports and Tourism shall guide the implementation of this Decree. Culture, The Ministry of Culture, Sports and Tourism shall guide the implementation of this Decree.

of People's Committees of provinces, and relevant organizations and individuals are responsible for implementing this Decree. of the National Assembly; The people's committees of provinces and centrally governed cities are responsible for implementing this Decree./.

Place of Receipt: - Central Party Committee Secretariat; - Prime Minister, Deputy Prime Ministers; - Ministries, ministerial-level agencies, and agencies under the Government; - Provincial People's Councils, People's Committees of centrally governed cities; - Central Party Office and Party Committees; - General Secretary's Office; - President's Office; - National Ethnic Council and of the National Assembly; committees of the National Assembly; - National Assembly's Office; - Supreme People's Court; - Supreme People's Procuracy; - State Audit Office; - National Financial Supervisory Commission; - Social Policy Bank; - Vietnam Development Bank; - The People's Committee Platinum Ore - Central Agencies of Social Organizations; - VPCP: Deputy Chairman, all Vice Chairmen, Assistants to the Prime Minister, Director of the Government Portal, all Departments, Bureaus, subordinate units, Official Gazette; - To be kept: VT, KGVX (3b).KN

PRIME MINISTER PRIME MINISTER Nguyen Xuan Phuc

ANNEX

(Attached to Decree No. 106/2016/NĐ-CP dated July 1, 2016 of the Government)

Form No. 01

Front Side:

PEOPLE'S COMMITTEE OF PROVINCE/CITY DIRECTLY UNDER THE CENTRAL GOVERNMENT Name of Department of Culture, Sports and Tourism or Department of Culture and Sports in cases where it is authorized to issue the Certificate of Eligibility -------	SOCIALIST REPUBLIC OF VIET NAM Independence - Freedom - Happiness --------------- ……., day …. month …. year …….
Number: /GCN…..

CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY

Eligible for Business Operation in Sports Activities

1. Name of the business granted the Permit (in capital letters): …

............................................................................................................................................

Trading name (if any): …

Abbreviation (if any): …

3. Legal representative's name: …

Telephone: …Fax: …

Website: … Email: …

- Personal identification number/Identity card number

Gender: … Position: …

Date of birth: ……/ …../ ….. Ethnicity: …Citizenship: …

Citizen Identification Card number or Identity Card number or Passport number: …

Date of issue: ……/ …../ …… place of issue: …

Permanent residence registration place: …

Current address: …

AUTHORITY ISSUING THE CERTIFICATE OF ELIGIBILITY

5. List of sports business activities (specify the specific sports business activities) ...

............................................................................................................................................

REGULATIONS During the business operation of sports activities, enterprises must comply with the following regulations:

Back Side:

1. Not to sell, lease, lend, pawn, alter, or erase any information recorded in the Certificate of Eligibility. If the Certificate of Eligibility is lost, it must be reported immediately to the issuing authority.

2. This Certificate of Eligibility must be kept at the business location or main office address of the enterprise if the enterprise has multiple business locations for sports activities listed in the Certificate of Eligibility; it must be presented when requested by competent authorities.

1. It is prohibited to sell, lease, lend, pawn, repair, erase, or alter the contents recorded in this Certificate of Eligibility. If the Certificate of Eligibility is lost, it must be reported immediately to the authority issuing the Certificate of Eligibility.

2. This Certificate of Eligibility must be kept at the business premises specified in the Certificate of Eligibility and must be presented when requested by competent authorities.

Issuance of Certificate of Eligibility for Business Operation in Sports Activities

(Name of authority issuing the Certificate of Eligibility for Business Operation in Sports Activities)

Form No. 02

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

APPLICATION FOR

DECREE

1. Name of enterprise applying for issuance of the Certificate of Eligibility (written in uppercase letters)

Respectfully submitted to:

of the National Assembly; people's committee of province/city.../Department of Culture, Sports and Tourism (Department of Culture and Sports) of province/city... (in cases where it is authorized) issuedof Culture, Sports and Tourism (Department of Culture, Sports and Tourism) of the province, city... (if authorized) Not deposited into temporary account authorized)

1. Name of the enterprise applying for the Certificate of Eligibility (written in capital letters): ...

..............................................................................................................................................

Trading name (if any): …

Abbreviation (if any): …

2. Business Registration Certificate number: …issued by: …on…month…. year..., amended for the …time on….month…year….. registration amendment number .... on .... day.... month.... year.....

3. Main Office Address: ...

Telephone: …Fax: …

Website: … Email: …

5. Location of business operation in sports activities: …

Gender: … Position: …

Date of birth: …../ …./ ….. Ethnicity: …Citizenship: …

Citizen Identification Card number or Identity Card number or Passport number: …

Date of issue: …../ …../ …… Place of issue: …

Permanent residence registration place: …

Current address: …

- Strictly comply with laws governing business operation in sports activities.

.............................................................................................................................................

6. Based on current regulations, we request issuance of the Certificate of Eligibility for conducting sports business activities for the enterprise …to engage in sports business activities …(specify the specific sports business activities) as stipulated in Decree No…/2016/NĐ-CP dated…month…. year 2016 of the Government regulating conditions sports business activities.

…, day …… month …… year …..

- Strictly comply with laws governing the operation of sports activities;

- We are responsible for the accuracy and truthfulness of the content of the application dossier for issuance of the Certificate of Eligibility for conducting sports business activities./. conditions ………, day …… month…. year …..

..........................................., day.... month.... year..... LEGAL REPRESENTATIVE OF (if a foreigner):… During the business operation of sports activities, enterprises must comply with the following regulations:

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Respectfully submitted to the authority issuing the Certificate of Eligibility for Business Operation in Sports Activities.

- Name of enterprise applying for issuance of the Certificate of Eligibility (written in uppercase letters): …

Telephone: …Fax: …Website:…

Respectfully submitted to:

of the National Assembly; people's committee of province/city.../Department of Culture, Sports and Tourism (Department of Culture and Sports) of province/city... (in cases where it is authorized) issuedDepartment of Culture, Sports and Tourism (Department of Culture and Sports) of province/city... (in cases where it is authorized)

Below is a summary of the preparation of conditions for business operation ...(specify the sports activities for business operation) of …(name of enterprise applying for issuance of the Certificate of Eligibility) as follows:

............................................................................................................................................

- Main office address: ...

Telephone: …Fax: …

Website:…Email: …

- Level of expertise of each staff member (meeting the requirements set out in Decree No. …/2019/NĐ-CP dated…month ….. year 2019 of the Government detailing certain provisions of the Law Amending and Supplementing Certain Provisions of the Law on Physical Education and Sports).

1. Professional staff (in cases where professional staff is required according to Decree No …/2016/NĐ-CP dated month year 2016 of the Government regulating conditions sports business activities):

Description of sports facilities, equipment, and business areas (meeting the conditions stipulated in Decree No. …/2019/NĐ-CP dated…month …year 2019 of the Government detailing certain provisions of the Law Amending and Supplementing Certain Provisions of the Law on Physical Education and Sports): …

- The professional qualifications of each staff member (meeting the requirements stipulated in Article 6 of Decree No …/2016/NĐ-CP dated month year 2016 of the Government regulating conditions for sports business activities).

- Responsible for the accuracy and truthfulness of the declared content;

Description of facilities, sports equipment, and business areas (meeting the conditions stipulated in point a, Clause 1, Article 5, point b, Clause 1, point b, Clause 2, and point b, Clause 3, Article 7 of Decree No…/2016/NĐ-CP dated …. month…year 2016 of the Government regulating conditions for sports business activities): …

3. Self-determined financial resources ensuring business operations: …

We commit:

Request for Reissuance of Certificate of Eligibility for Business Operation in Sports Activities

- Maintain compliance with the above conditions throughout the business operation and fully bear responsibility under the law. for the conditions as stated above./.

(if a foreigner):… During the business operation of sports activities, enterprises must comply with the following regulations:

Form number 04

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

PETITION FOR APPLICATION

:…Date of issue:…Place of issue:…

Respectfully submitted to:

of the National Assembly; people's committee of province/city.../Department of Culture, Sports and Tourism (Department of Culture and Sports) of province/city... (in cases where it is authorized) issuedof Culture, Sports and Tourism (Department) Culture, Department of Culture and Sports) of province/city... (in cases where it is authorized)

1. Name of the enterprise applying for renewal of the Certificate of Eligibility (in uppercase letters): …

.............................................................................................................................................

Trading name (if any): …

Abbreviation (if any): …

3. Legal representative's name: …

Telephone: …Fax: …

Website: … Email: …

- Personal identification number/Identity card number

Gender: …Position:…

Date of birth: ……/ …../ …….Ethnicity: …Citizenship: …

Citizen Identification Card number or Identity Card number or Passport number: …Date of issue: …./…/….. Place of issue: …

Permanent residence registration place: …

Current address: …

4. Business Registration Certificate number: ………issued by: …on…month ….year …., amended for the …time on ….month…year….

day ….. month ….. year ……

6. Based on current regulations, we request reissuance of the Certificate of Eligibility for conducting sports business activities for the enterprise ……. to engage in sports business activities …(specify the specific sports business activities) as stipulated in Decree No…../2016/NĐ-CP dated... month... year 2016 of the Government regulating conditions for sports business activities.

…, day …… month …… year …..

- Strictly comply with laws governing the operation of sports activities;

- We are responsible for the accuracy and truthfulness of the content of the application dossier for reissuance of the Certificate of Eligibility for conducting sports business activities./.

…, day ….. the….. year …… LEGAL REPRESENTATIVE OF (if a foreigner):… During the business operation of sports activities, enterprises must comply with the following regulations: