Decree No. 111/2002/ND-CP detailing and guiding the implementation of certain provisions of the Physical Culture and Sports Ordinance.

 

DECREE

Detailed regulations and guidance on implementation of certain provisions of the Physical Culture and Sports Ordinance

Physical Culture and Sports

 

THE GOVERNMENT

Pursuant to the Law on Organization of the Government dated December 25, 2001;

Based on the Physical Culture and Sports Ordinance dated September 25, 2000;

At the proposal of the Minister and Chairman of the Physical Education and Sports Committee,

 

DECREE:

PART I

GENERAL PROVISIONS

Article 1. OBJECTS AND SCOPE OF REGULATION

This Decree provides detailed regulations on certain provisions of the Physical Culture and Sports Ordinance regarding sports facilities; organization of sports competitions; professional sports; state management over national sports federations; ensuring financial and land conditions for physical culture and sports activities.

Article 2. Sports Facilities

The State encourages and creates favorable conditions for organizations and individuals to invest in building public and non-public sports facilities in accordance with planning and development plans for physical culture and sports, meeting the needs of society's physical culture and sports activities.

Article 3. Organization of Sports Competitions

Sports competitions organized in Vietnam must be licensed by competent state authorities, ensure organizational conditions, and recognize competition achievements according to Vietnamese laws.

Article 4. Professional Sports

Professional sports is a form of high-performance sports with a professional nature and profit-oriented activities. The State builds and develops professional sports to enhance the level of certain sports disciplines, meet cultural and entertainment needs of the people.

Article 5. State Management Over National Sports Federations

1. National sports federations and associations are social organizations in physical culture and sports with voluntary members.

2. The State has the responsibility to manage and create conditions for national sports federations and associations (hereinafter referred to as national sports federations) to organize and operate according to their statutes, in compliance with laws and international sports organization regulations that the federation is a member of, consistent with Vietnamese laws.

ChapterII

FORMS, NETWORK ORGANIZATION AND ACTIVITIES OF SPORTS FACILITIES

PHYSICAL CULTURE AND SPORTS

Article 6. Types of sports facilities

Sports facilities are organized into two types: public sports facilities and non-public sports facilities.

1. Public sports facilities include:

a) Public sports facilities established by the State, appointing management staff and allocating personnel quotas; the State manages, invests in infrastructure, and allocates funds for regular expenses;

b) Public sports facilities established under the Law on State-Owned Enterprises, including: state-owned enterprises operating for public welfare without profit objectives and state-owned enterprises operating for profit objectives.

2. Non-public sports facilities include:

a) Non-public sports facilities established under Decree No. 73/1999/NĐ-CP dated August 19, 1999 of the Government, which operate without commercial purposes, including semi-public, private, and individual forms;

b) Non-public sports facilities established under the Enterprise Law, which operate for profit, including various types of enterprises: limited liability companies, joint-stock companies, partnerships, and private businesses.

Article 7. Planning network of sports facilities

1. The Ministry of Education and Training shall take the lead and coordinate with the Sports Committee and relevant agencies to develop planning for universities and colleges of physical culture and sports.

2. The Sports Committee shall develop the overall planning for the network of national sports training centers and sports facilities throughout the country.

3. Ministries, ministerial-level agencies, government-affiliated agencies, and provincial People's Committees shall develop planning for affiliated sports facilities in accordance with the overall planning of the sports sector.

Article 8. Procedures for establishing sports facilities

1. Procedures for establishing universities and colleges of physical culture and sports as stipulated in point a, Clause 1, Article 33 of the Physical Culture and Sports Ordinance shall be implemented in accordance with the Education Law.

2. Procedures for establishing sports facilities as stipulated in point a, Clause 1 and point a, Clause 2 of Article 6 of this Decree are as follows:

a) The Sports Committee shall receive and review applications for establishing national sports training centers; the Minister, Chairman of the Sports Committee shall examine and decide on establishment;

b) Ministries, ministerial-level agencies, and government-affiliated agencies shall receive and review applications for establishing affiliated sports facilities; the Ministers, Heads of ministerial-level agencies, and Heads of government-affiliated agencies shall examine and decide on establishment;

c) People's Committees at all levels shall receive and review applications for establishing sports facilities under their management; the Chairmen of People's Committees shall examine and decide on establishment.

3. Application documents for permission to establish sports facilities include:

a) Application for establishment;

b) Operation plan approved by the competent state authority on physical culture and sports;

c) Documents from competent authorities confirming the material and technical equipment conditions of the organization or individual applying for establishment; land use rights certificates or investment projects and designs reviewed and approved by competent state authorities, clearly stating land usage requirements or approval documents from competent state authorities regarding the location and area of the sports facility construction project;

d) Certificates and diplomas of sports coaches and instructors.

4. Sports facilities established under the Law on State-Owned Enterprises and the Enterprise Law must register their professional activities with the competent state authority on physical culture and sports.

Article 9. Tasks and powers of sports facilities

Sports facilities have the following tasks and powers:

1. Conduct physical culture and sports activities according to registered programs or contents.

2. Provide services for participants in accordance with the law.

3. Ensure safety for participants during training at the facility.

4. Manage staff within the facility.

5. Manage and use land, infrastructure, and technical equipment in accordance with the law.

6. Support and create conditions for children, elderly people, and disabled persons to participate in physical culture and sports activities.

7. Other tasks and powers as prescribed by law.

Article 10. Suspension of operations and dissolution of sports facilities

1. Sports facilities shall be suspended from operation in the following cases:

a) Serious violation of regulations on organization and operation;

b) Failure to meet requirements for infrastructure, equipment, and professional staff.

2. Sports facilities shall be dissolved in the following cases:

a) Unable to rectify the situation as prescribed in Clause 1 of this Article;

b) At the request of organizations or individuals seeking to establish sports facilities.

3. The competent authority that decides to establish or permit the operation of sports facilities has the authority to suspend their operations or dissolve them.

Article 11. Foreign sports facilities in Vietnam

Foreign organizations and individuals, international organizations in Vietnam, and overseas Vietnamese may establish foreign sports facilities in Vietnam according to the following provisions:

1. Foreign sports facilities in Vietnam operating for profit purposes shall comply with the Law on Foreign Investment in Vietnam and other relevant Vietnamese laws.

2. Foreign sports facilities in Vietnam operating without profit purposes shall comply with specific government regulations.

Chapter III

SPORTS COMPETITION ORGANIZATIONS

Article 12. System of sports competitions

1. The system of sports competitions includes: the mass sports competition system and the high-performance sports competition system.

2. The Sports Committee shall take the lead and coordinate with ministries, sectors, national sports federations, provincial people's committees under the central government to submit

3. The Sports Committee manages the national sports competition system.

4. Ministries, ministerial-level agencies, government agencies, provincial people's committees under the central government are responsible for managing sports congresses, sports competitions of ministries, sectors, and provinces.

Article 13. Procedures for applying to organize sports competitions

1. Organizations and agencies meeting the conditions to organize high-performance sports competitions and mass sports competitions as stipulated in Clause 3 of Article 13 of the Sports Ordinance must obtain permission from the competent state management agency and comply with relevant laws, except where international treaties to which Vietnam is a party provide otherwise.

2. The application dossier for organizing sports competitions shall include:

a) A request to organize a sports competition, specifying the financial sources for the competition; infrastructure and technical equipment meeting the requirements for organizing the competition;

b) Draft rules of the sports competition;

c) List of the Organizing Committee for the sports competition;

d) Proposed competition schedule and other activities of the sports competition.

3. The state management agency for physical culture and sports shall accept the dossier, grant permission, or submit it to the competent state agency for permission to organize the sports competition in accordance with Articles 27 and 28 of the Sports Ordinance.

Article 14. Registration of athlete qualifications

1. Athletes participating in high-performance sports competitions and mass sports competitions as stipulated in Clause 3 of Article 13 of the Sports Ordinance must register for an athlete card.

2. The Sports Committee shall direct national sports federations to manage athletes, conduct registration, and issue cards for athletes participating in:

a) Regional, continental, and world sports congresses and competitions held in Vietnam;

b) National mass sports congresses and annual national sports competitions by sport.

3. Ministries, ministerial-level agencies, government agencies, provincial people's committees under the central government are responsible for managing, registering, and issuing cards for athletes participating in sports competitions organized by their units.

Article 15. Organizing Committee for sports competitions

The Organizing Committee for sports competitions consists of representatives from agencies and organizations responsible for ensuring expertise, finance, infrastructure, security, order, and health care. The Sports Committee guides the establishment and operation of the Organizing Committee for sports competitions.

Article 16. Awards

1. The Sports Committee shall award athletes and coaches who achieve outstanding results in sports competitions in accordance with Article 29 of the Sports Ordinance.

2. The Sports Committee shall submit

Chapter IV

PROFESSIONAL SPORTS

Article 17. Conditions for the construction and development of professional sports

Sports disciplines that meet the following conditions shall be constructed and developed as professional sports:

1. Having professional athletes and professional coaches.

2. Having an organization to manage and operate professional sports under the National Sports Federation.

3. Having a professional sports regulation approved by the Physical Culture and Sports Committee.

4. Having financial resources and material infrastructure to organize professional sports competitions.

Article 18. Professional coaches and athletes

1. Professional coaches and athletes are individuals who take training and participating in sports competitions as their profession, ensuring their main source of income.

2. Professional coaches and athletes sign training and competition contracts with domestic professional sports clubs or foreign professional sports clubs in accordance with the provisions of the law.

Article 19. Professional sports club

1. A professional sports club is a unit of a business enterprise or a business enterprise engaged in commercial activities and services in the field of professional sports and other activities as prescribed by law.

2. Conditions for establishing and operating a professional sports club:

a) Having professional athletes and professional coaches;

b) Having financial resources, material infrastructure, and equipment to meet the requirements for training, coaching, and participation in professional sports competitions.

Article 20. Broadcasting rights for professional sports competitions

1. The broadcasting rights for professional sports competitions include the rights to record, broadcast, and sell broadcasts of professional sports competitions.

2. The National Sports Federation, professional sports clubs, and organizations directly organizing professional sports competitions are the owners of professional sports competitions.

3. The owner of a professional sports competition has the right to transfer broadcasting rights for the professional sports competition to a broadcasting agency through a broadcasting rights transfer contract with terms agreed upon by both parties.

4. State broadcasting agencies may use broadcasting rights for professional sports competitions without implementing the provisions of Clause 3 of this Article when recording part of a sports competition for news reporting, sports commentary, or sports competitions that do not charge admission fees.

Article 21. Responsibilities of the National Sports Federation towards professional sports

For sports disciplines that have conditions for constructing and developing professional sports, the National Sports Federation shall have the following responsibilities:

1. To develop plans and programs for the development of professional sports in the discipline in accordance with the physical culture and sports development plan, suitable to the conditions of Vietnam.

2. To develop professional sports regulations for the discipline and submit them to the Physical Culture and Sports Committee for approval.

3. To organize and manage professional sports activities; manage lists of professional coaches and athletes.

4. To provide professional and financial support to professional sports clubs.

5. To implement financial revenue and expenditure systems in professional sports activities in accordance with the provisions of the law.

Article 22. Responsibilities of the Physical Culture and Sports Committee and People's Committees at all levels towards professional sports

1. The Physical Culture and Sports Committee shall guide the construction and development of professional sports; approve professional sports regulations of the National Sports Federation; inspect and audit professional sports activities.

2. People's Committees at all levels shall have the responsibility to manage, support, and create conditions for the establishment and development of professional sports clubs in accordance with the provisions of the law.

Chapter V

STATE MANAGEMENT OF THE NATIONAL SPORTS FEDERATION

Article 23. Duties and powers of the Physical Culture and Sports Committee

The Physical Culture and Sports Committee shall carry out state management over physical culture and sports concerning the National Sports Federation with the following duties and powers:

1. To notify the program and plan for the development of physical culture and sports so that the National Sports Federation can build its activity program and plan;

2. To recognize competition rules and tournament regulations for national sports events of each discipline according to the proposal of the National Sports Federation;

3. To guide and inspect the organization of annual national sports tournaments and international sports tournaments held in Vietnam organized by the National Sports Federation;

4. To decide on the establishment of national sports teams to participate in international sports tournaments; to convene members of national sports teams for training and competition; to approve the training and competition programs and plans of national sports teams according to the proposal of the National Sports Federation;

5. To guide and facilitate the National Sports Federation's participation in international sports cooperation programs in line with the overall plan of the physical culture and sports sector, in accordance with the law and consistent with the regulations of international sports organizations of which the Federation is a member;

6. To confer titles on athletes, coaches, and referees; to recognize the conferring of titles by international sports organizations on Vietnamese athletes, coaches, and referees according to the proposal of the National Sports Federation;

7. To guide and inspect the implementation of the Statutes of the National Sports Federation;

8. To reward or propose

9. To decide or recommend competent authorities to handle violations by organizations or individuals committing serious shortcomings or violating the law in the activities of the National Sports Federation.

Article 24. Establishment and dissolution of the National Sports Federation

The Physical Culture and Sports Committee shall coordinate with the Ministry of Home Affairs to present

Article 25. Tasks and Authorities of the Ministry of Finance

The Ministry of Finance shall be responsible for coordinating with the Physical Culture and Sports Committee to guide and inspect the receipt, management, and use of financial resources, assets, and sponsorships of the National Sports Federation in accordance with the law.

Chapter VI

ENSURING FINANCIAL AND LAND CONDITIONS FOR PHYSICAL CULTURE

SPORTS

Article 26. State budget allocation for physical culture and sports

1. The Physical Culture and Sports Committee shall coordinate with the Ministry of Finance and the Ministry of Planning and Investment to prepare the state budget plan for the physical culture and sports sector in accordance with the State Budget Law.

2. The People's Committees at all levels shall be responsible for allocating the budget for physical education and sports activities, investment capital for constructing physical education and sports facilities in their own budget estimates according to current regulations; mobilizing and utilizing legitimate resources to increase investment in developing local physical education and sports undertakings.

Physical education and sports management agencies at all levels shall be responsible for managing and using the budget in accordance with its intended purpose, established procedures, and effectively.

Article 27. Contributions and sponsorships for physical education and sports

1. Organizations and individuals contributing or sponsoring physical education and sports shall enjoy preferential policies as stipulated in Clause 1, Article 53 of the Physical Education and Sports Ordinance. Contributions and sponsorships include: non-repayable aid, sponsorship not for profit purposes to support the training and nurturing of sports talents, improving the performance of sports teams, and sports competitions; humanitarian assistance for physical education and sports; support for implementing research and application projects of science and technology in the field of physical education and sports.

2. Organizations and individuals sponsoring physical education and sports for advertising or profit-making purposes shall comply with the provisions of the law.

Article 28. Planning and land use plans for physical education and sports

1. The development of planning and land use plans for physical education and sports shall be carried out in accordance with Decree No. 68/2001/NĐ-CP dated October 1, 2001 of the Government on planning and land use plans and Directive No. 274-TTg dated April 27, 1996 of the Prime Minister.

2. The Sports Committee shall base its registration of land use needs on the network plan of physical education and sports facilities to incorporate them into the planning and land use plans of the locality.

3. The People's Committee of the province shall base its land use plans for physical education and sports on the network plan of physical education and sports facilities in the locality to incorporate them into the planning and land use plans of the locality.

Article 29. Sports talent development support fund

a) The State encourages organizations and individuals to establish a Sports Talent Development Support Fund in accordance with Article 115 of the Civil Code.

b) The Sports Talent Development Support Fund shall be established and operate in accordance with the provisions of Decree No. 177/1999/NĐ-CP dated December 22, 1999 of the Government on the establishment and operation of Social Funds and Charity Funds to sponsor the discovery and training of sports talents.

Chapter VII

IMPLEMENTING PROVISIONS

Article 30. This Decree shall take effect fifteen days from the date of signature. Previous regulations contrary to this Decree shall be abolished.

Article 31. The Sports Committee shall take the lead and coordinate with relevant Ministries and sectors to guide the implementation of this Decree.

Article 32. The Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of People's Committees of provinces and centrally governed cities are responsible for implementing this Decree./.