Decree No. 112/2007/ND-CP detailing and guiding the implementation of certain provisions of the Law on Physical Culture and Sports

DECREE

Detailed regulations and guidance on implementing

certain provisions of the Law on Physical Culture and Sports

THE GOVERNMENT

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

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

Considering the proposal of the Minister in charge of the Physical Culture and Sports Committee,

DECREE:

Article 1. Scope of regulation and applicable subjects

1. This Decree provides detailed regulations and guidance for implementing Articles 4, 10, 11, 21, 28, 31, 50, 53, 55, 56, 57, 65, and 67 of the Law on Physical Culture and Sports regarding the following contents:

a) The State policy towards the development of physical culture and sports;

b) Development of mass physical culture and sports and high-performance sports;

c) Physical education and physical culture and sports activities in educational and training institutions and in the armed forces;

d) Regulations on the use of land for the development of physical culture and sports;

đ) Fund to support the development of sports talent;

e) Ownership rights over high-performance sports competitions and professional sports competitions;

g) Prohibited acts in physical culture and sports activities;

h) Business operations of professional sports club activities; activities of public service organizations in sports, sports enterprises, and individual households engaged in sports activities.

Thông tư này áp dụng đối với tổ chức, cá nhân có liên quan đến hoạt động kinh doanh đối tượng thủy sản nuôi chủ lực trên lãnh thổ Việt Nam.

a) State agencies, political organizations, socio-political organizations, socio-professional organizations, social organizations, economic organizations, public service organizations, people's armed forces units, and Vietnamese citizens (hereinafter referred to as state agencies, organizations, and individuals participating in physical culture and sports activities);

b) International organizations, foreign organizations and individuals, and overseas Vietnamese participating in physical culture and sports activities within the territory of Vietnam.

Article 2. State policy on the development of physical culture and sports

1. The State budget allocated for physical culture and sports shall be increased annually; it shall be consistent with the State budget's balancing capacity and the requirements for the development of the physical culture and sports cause. The preparation of the budget estimate, allocation, and management of the State budget for physical culture and sports shall be carried out in accordance with the provisions of the State Budget Law and guiding documents for the implementation of the State Budget Law.

2. Land designated for physical culture and sports:

a) The planning of land designated for physical culture and sports shall be implemented according to technical standards on the average area of land for physical culture and sports per capita corresponding to each specific region and territory;

b) Based on the actual conditions of each locality, People's Committees at all levels shall establish plans for the use of land for physical culture and sports, which shall be submitted to the competent authority for approval in accordance with the Land Law and related laws.

3. Organizations and individuals investing in material infrastructure; training and upgrading human resources; discovering and nurturing sports talents; researching and applying scientific and technological advancements in physical culture and sports; establishing sports service facilities shall enjoy preferential policies on tax, credit, and land use in accordance with relevant laws.

4. The State budget shall prioritize investment to support the development of physical culture and sports in areas with particularly difficult socio-economic conditions, and to preserve and develop ethnic sports.

a) Priority investment content:

- Supporting organizations in conducting mass physical culture and sports activities;

- Training a team of physical culture and sports instructors;

- Promoting and guiding the practice of various sports;

- Building the infrastructure of regional or area sports centers;

- Preserving and developing ethnic sports.

b) The Physical Culture and Sports Committee shall take the lead and coordinate with relevant ministries and sectors to establish a list of ethnic sports.

Article 3. Prohibited acts in physical culture and sports activities

1. Acts of using stimulants or prohibited methods in physical culture and sports training and competition:

a) Using stimulants listed in the prohibited category during physical culture and sports training and competition.

The list of prohibited stimulants shall be issued by the Minister in charge of the Physical Culture and Sports Committee in accordance with the regulations of the World Anti-Doping Agency;

b) Using exercises, sports disciplines, or training and competition methods that cause harm to health, endanger lives, violate morals, customs, and traditions of the nation, or affect national security and social order.

2. Acts of cheating in sports activities:

a) Cheating in the name, age, or gender in sports competitions;

b) Directly manipulating the results of sports competitions;

c) Cheating about achievements and selecting individuals for sports teams or sports talent schools.

3. Acts of violence in sports activities:

a) Intentionally causing injuries or playing aggressively, adversely affecting others' health during training or competition;

b) Threatening or insulting organizations or individuals when participating in sports activities.

4. Acts obstructing lawful physical culture and sports activities of organizations and individuals:

a) Failing to organize physical culture and sports activities for related organizations and individuals within their functional and duty scope;

b) Failing to ensure material conditions, equipment, and facilities for training and competition within their duty scope;

c) Misusing power or influence to prevent organizations and individuals from participating in physical culture and sports activities.

Article 4. Development of mass physical culture and sports

1. The Physical Culture and Sports Committee is responsible for formulating strategies, plans, and programs for the development of mass physical culture and sports that are appropriate and meet the needs of socio-economic development nationwide.

2. Provincial People's Committees and municipal People's Committees directly under the central government are responsible for formulating plans for the development of mass physical culture and sports that are suitable to the socio-economic conditions of their localities and the national plan for the development of physical culture and sports.

Investment in building material infrastructure for mass physical culture and sports activities

a) Public physical culture and sports facilities, including:

- Stadiums;

- Sports training grounds;

- Training and competition halls;

- Swimming pools;

- Other physical culture and sports facilities.

b) People's Committees at all levels shall ensure resources to build public sports facilities in their localities according to the following provisions:

- Each village, hamlet, ward, or commune must have a simple sports training ground;

- Each commune, town, or township must have at least one facility as specified in point a of this clause.

- Each district, town, city directly under a province, or provincial city (hereinafter referred to collectively as district level) must have at least two of the following county-level sports facilities: stadium, swimming pool, sports training hall;

- Each province or centrally-administered city must have provincial-level sports facilities: stadium, swimming pool, sports arena;

4. Encourage organizations and individuals to participate in physical education and sports activities in the following areas:

a) Constructing and operating public physical education and sports facilities;

b) Establishing mass physical education and sports clubs;

c) Promoting, guiding, and organizing everyone to engage in physical exercise and sports;

d) Assisting and supporting persons with disabilities to participate in physical education and sports activities; developing exercise programs and guiding persons with disabilities in training; investing in research and production of equipment and facilities for persons with disabilities to train and compete in physical education and sports;

đ) Assisting and supporting elderly people to participate in physical education and sports activities; promoting exercise methods suitable for the elderly; coordinating with the Elderly Association to establish physical education and sports clubs for the elderly at communes, wards, and towns;

Article 5.Sports Volunteer

1. A sports volunteer is a person with expertise in physical education and sports. Sports volunteers are compensated when performing tasks related to mobilizing, organizing, and guiding people to engage in physical exercise and sports performances and competitions, and participating in grassroots physical education and sports development activities.

2. Based on the overall development plan of the physical education and sports sector, the Department of Physical Education and Sports of each province or centrally-administered city shall be responsible for developing and implementing plans to nurture teams of sports volunteers after approval by the Chairman of the People's Committee of the province or centrally-administered city.

3. The Minister in charge of the Sports Management Committee shall stipulate the professional standards for sports volunteers.

4. The Ministry of Finance, in collaboration with the Sports Management Committee, shall guide the payment of compensation to sports volunteers.

Article 6. Responsibilities of state agencies, organizations, and enterprises regarding ensuring conditions for cadres, civil servants, and workers to participate in physical education and sports activities

1. Agencies, organizations, and enterprises shall ensure the organization and provision of material conditions and equipment for workers to engage in physical exercise and sports competitions.

2. The heads of agencies, organizations, and enterprises shall be responsible for implementing midday or morning exercise routines for workers to combat fatigue and prevent occupational diseases.

3. The Sports Management Committee, in collaboration with the Ministry of Health and the Ministry of Labor, Invalids, and Social Affairs, shall guide agencies, organizations, and enterprises in implementing regulations on combating fatigue through exercise and preventing occupational diseases in accordance with the characteristics and nature of specific industries and professions.

Article 7. Responsibilities for physical education and sports education in schools and educational institutions

1. The Ministry of Education and Training, in collaboration with the Sports Management Committee, shall develop curricula and national standards for physical education and sports subjects in schools and other educational institutions within the national education system, appropriate to each level of education.

2. The Ministry of Education and Training, in collaboration with the Ministry of Home Affairs and the Sports Management Committee:

a) Shall issue standards for physical education and sports teachers and lecturers;

b) Shall establish staffing norms for physical education and sports teachers and lecturers for each level of education, meeting the direction and needs for the development of students' physical fitness and stature in schools and other educational institutions within the national education system, appropriate to each level of education.

3. State management agencies for education and training, schools, and other educational institutions within the national education system shall be responsible for creating favorable conditions for student and student sports clubs and affiliated sports centers to operate.

4. Schools and other educational institutions shall ensure the implementation of investment in construction and proper use of facilities dedicated to physical education subjects and sports activities in accordance with the provisions of the Education Law, the Physical Education and Sports Law, and relevant laws.

Article 8. Material infrastructure for physical education and sports activities in the armed forces

1. The state budget allocated for national defense and security, along with other legitimate sources of income, shall ensure the construction of facilities and equipment, and the training of athletes and coaches for physical education and sports activities in the armed forces.

2. Land designated for physical education and sports in the armed forces shall be managed and utilized in accordance with the laws on defense and security land.

Article 9. Construction of material infrastructure for high-performance sports development

1. The state budget shall invest in constructing facilities and equipment for the following sports projects:

a) National key physical education and sports facilities;

b) National sports training centers and regional sports centers;

c) Provincial sports training centers in centrally-administered cities.

2. Responsibilities for building the system of material infrastructure for high-performance sports development

a) The Sports Management Committee, in collaboration with the Ministry of Planning and Investment, the Ministry of Finance, and the Ministry of Construction, shall develop the planning for the system of facilities specified in point a and b of Clause 1 of this Article, and submit it for approval by the Prime Minister;

The Ministry of Planning and Investment, in collaboration with the Ministry of Finance, shall ensure the investment budget for the construction of the physical education and sports facilities specified in points a and b of Clause 1 of this Article;

b) The People's Committees of provinces and centrally-administered cities shall develop plans for the construction of the sports facilities specified in point c of Clause 1 of this Article, submit them for approval by the People's Councils at the same level, and allocate the budget for their implementation.

Article 10. Training and nurturing athletes and coaches

1. The Sports Management Committee, in collaboration with relevant ministries and sectors:

a) Develop strategies, plans, and training programs for athletes in various sports, with a focus on Olympic sports programs; set goals to achieve world-class levels and concentrate investments in developing certain sports;

b) Research and apply science and technology in the training process for athletes;

c) Establish and improve policies regarding training, development, and incentives for coaches and athletes, to be submitted to the Prime Minister.

2. The Ministry of Education and Training, the Ministry of National Defense, the Ministry of Public Security, and relevant ministries and agencies, as well as People's Committees of provinces and centrally governed cities shall be responsible for training and developing coaches and athletes within their respective sectors and localities according to the guidelines of the Sports Management Committee.

Funding for athlete training and coaching; vocational training and upgrading the qualifications of sports coaches, referees; enhancing the qualifications of high-performance sports management staff, medical personnel, sports doctors, and rehabilitation and care technicians for athletes will be supported from the state budget and allocated annually in accordance with the State Budget Law.

3. Organizations and individuals investing in athlete training activities shall enjoy tax, credit, and land use incentives as stipulated by current laws.

Sports staff includes: professional sports coaches, doctors, and healthcare personnel.

1. A professional sports coach must hold a degree in physical education or sports at the college level or higher, or possess a professional certificate issued by the corresponding national or international sports federation.

2. Doctors and healthcare personnel must have a certificate in sports medicine issued by an authorized agency.

Article 12.Rights of the owner of high-performance sports competitions and professional sports competitions

1. National sports federations, professional sports clubs, and organizations or individuals organizing high-performance sports competitions and professional sports competitions shall have the following rights:

a) To shape high-performance sports competitions and professional sports competitions through audio and video recordings;

b) To directly or indirectly reproduce high-performance sports competitions and professional sports competitions that have been recorded in audio and video formats;

c) To broadcast or transmit high-performance sports competitions and professional sports competitions to the public through any means;

d) To distribute original or copies of high-performance sports competitions and professional sports competitions to the public via sale, rental, or distribution through any technical means accessible to the public.

2. The owner of high-performance sports competitions and professional sports competitions may transfer ownership rights pursuant to a contract agreed upon by the parties. The procedures and formalities for transferring ownership and the transfer contract shall comply with civil law regulations on intellectual property.

3. Cases where the use of high-performance sports competitions and professional sports competitions does not require permission or payment to the owner:

a) Extracting no more than 10% of the duration of each competition or match for the purpose of providing promotional information;

b) Replicating one copy for the purpose of scientific research or teaching.

Article 13. Conditions for businesses to operate sports activities

1. Businesses providing sports service activities must have material facilities and equipment meeting national technical standards.

2. Businesses guiding training or training athletes must ensure:

a) Meeting all conditions as prescribed in Clause 1 of this Article;

b) Having sufficient specialized staff.

The Minister of Physical Culture and Sports shall issue regulations on national technical standards for equipment and staff standards for each sport.

Article 14. Individual business households operating sports activities

1. Individual business households operating sports activities as stipulated in Article 56 of the Law on Physical Culture and Sports, which are owned by one Vietnamese citizen or a group of people or a family household, may only register to operate sports activities at one location, using no more than ten workers, without a seal, and bear full responsibility with their own assets for the sports business operations.

2. The right to establish, procedures, and registration formalities for changes in registered content of individual business households shall be implemented according to the provisions of the law on enterprises.

Article 15. Sports public service units

1. Sports public service units include state-owned sports public service units and non-state-owned sports service supply bases.

2. State-owned sports public service units

a) State-owned sports public service units are established by competent state agencies, are independent budgetary units, have their own seals, and organize accounting systems in accordance with the law;

b) Procedures and formalities for establishing, restructuring, and dissolving state-owned sports public service units shall be carried out in accordance with Decree No. 83/2006/NĐ-CP dated August 17, 2006 of the Government;

c) State-owned sports public service units implement self-management and self-responsibility for tasks, organizational structures, staffing, and finance in accordance with Decree No. 43/2006/NĐ-CP dated April 25, 2006 of the Government.

3. Non-state-owned sports service supply bases

a) Non-state-owned sports service supply bases are established by social organizations, social-professional organizations, economic organizations, individuals, groups of individuals, or community residents, who independently fund their operations and operate in accordance with the law;

b) Non-state-owned sports service supply bases enjoy preferential policies under Decree No. 53/2006/NĐ-CP dated May 25, 2006 of the Government regarding policies encouraging the development of non-state-owned service supply bases and relevant legal provisions.

Article 16. Land reserved for physical culture and sports in schools and residential areas

1. People's Committees at all levels must ensure the allocation of land for sports facilities in urban planning, residential area planning, and school construction in accordance with national technical standards.

2. The Ministry of National Defense and the Ministry of Public Security must ensure the allocation of land for sports facilities in the planning of military unit barracks.

3. Authorities approving new urban planning, residential area planning, school planning, and military unit barracks planning must ensure compliance with the provisions of Clauses 1 or 2 of this Article.

Article 17. Management and use of land reserved for physical culture and sports

Organizations and individuals granted land by the state for the construction of sports facilities are responsible for managing and using such land for its intended purpose in accordance with regulations.

Misuse of land reserved for physical culture and sports will result in its recovery in accordance with the provisions of the Land Law.

Article 18. Planning and land use plans for physical culture and sports

1. Planning and land use plans for physical culture and sports must comply with the provisions of the law on land and follow the following principles:

a) They must be publicly announced and meet national technical standards;

b) They must be consistent with local land use planning and comply with point a, Clause 2, Article 2 of this Decree.

2. Responsibilities for planning and land use plans for physical culture and sports

a) The Physical Culture and Sports Committee shall coordinate with the Ministry of Natural Resources and Environment to determine the demand for land use for physical culture and sports within the scope of management of the Physical Culture and Sports Committee;

b) Provincial Sports Departments shall coordinate with Provincial Natural Resources and Environment Departments to assist provincial People's Committees in determining the demand for land use for physical culture and sports in their respective localities.

Article 19. Sports Talent Development Support Fund

1. The Sports Talent Development Support Fund is established by organizations and individuals for the purpose of supporting the discovery and training of sports talents.

2. The organization and operation of the Sports Talent Development Support Fund shall be carried out in accordance with the provisions of the law on Social Funds and related legal documents.

Article 20. Effectiveness

This Decree shall take effect fifteen days after its publication in the Official Gazette.

All previous regulations contrary to this Decree are hereby abolished.

Article 21. Responsibility for Implementation

1. The Minister of Physical Culture and Sports shall guide and implement this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairmen of provincial People's Committees directly under the Central Government, agencies, organizations, and individuals with rights and obligations related to this Decree shall be responsible for its implementation./.