Consolidated Document number 1284/VBHN-BVHTTDL on anti-doping measures in sports activities

CIRCULAR

Regulations on preventing and combating doping in sports activities

19/2018/TT-BGTVT) which has been amended and supplemented by Clause 7, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport, amending and supplementing certain articles of Circular No. 19/2018/TT-BGTVT 17/2015/TT-BVHTTDL dated December 30, 2015, issued by the Minister of Culture, Sports and Tourism regarding regulations on preventing and combating doping in sports activities, which took effect from March 1, 2016, was amended and supplemented by:

19/2018/TT-BGTVT) which has been amended and supplemented by Clause 7, Article 1 of Circular No. 08/2024/TT-BGTVT dated April 4, 2024, issued by the Minister of Transport, amending and supplementing certain articles of Circular No. 19/2018/TT-BGTVT 01/2023/TT-BVHTTDL dated February 21, 2023, issued by the Minister of Culture, Sports and Tourism to amend and supplement certain provisions of Circular No. 17/2015/TT-BVHTTDL dated December 30, 2015, issued by the Minister of Culture, Sports and Tourism regarding regulations on preventing and combating doping in sports activities, which took effect from April 15, 2023.

Pursuant to the Law on Physical Education and Sports No. 77/2006/QH11 dated November 29, 2006;

Decree No. 112/2007/NĐ-CP dated June 26, 2007, issued by the Government detailing and guiding the implementation of certain provisions of the Law on Physical Education and Sports;

Decree No. 76/2013/NĐ-CP dated July 16, 2013, issued by the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture, Sports and Tourism;

At the proposal of the General Director of the General Department of Physical Education and Sports, the Minister of Culture, Sports and Tourism promulgates this Circular stipulating regulations on preventing and combating doping in sports activities.¹

Chapter I. GENERAL PROVISIONS

Article 1. Scope of Regulation

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

a) Propaganda and education on preventing and combating doping;

b) Doping testing;

c) Handling violations and resolving complaints related to doping;

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

2. Doping testing at international sports competitions and international sports congresses shall be carried out in accordance with the regulations of the competition organizing committee and the congress organizing committee.

Article 2. Applicability

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

Article 3. Principles for preventing and combating doping in sports activities

1. Activities to prevent and combat doping shall be organized regularly; emphasis shall be placed on information, education, and communication measures to raise awareness about the harmful effects of using doping substances.

2. Close and effective cooperation shall be ensured among domestic and foreign organizations and individuals, and international sports organizations in preventing and combating doping.

3. Compliance with the World Anti-Doping Organization's regulations and relevant Vietnamese laws concerning the prevention and combating of doping in sports activities shall be guaranteed.

4. Ensuring athletes train and compete in a doping-free environment and are fully informed about the harmful effects of doping.

Article 4. Violations of the World Anti-Doping Code

1. Having prohibited substances or their metabolites or traces thereof in the athlete's sample.

2. Using prohibited substances or methods.

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. Providing athletes with prohibited substances or methods for use during or outside competitions; supporting, encouraging, assisting, instructing, covering up, or being involved in any form of complicity in violation of anti-doping regulations.

9. Complicity or cover-up for one or more violations specified in Clauses 1 to 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.

11.² Discriminating against or persecuting persons who report doping violations.

Chapter II. PROPAGANDA AND EDUCATION ON PREVENTING AND COMBATING DOPING IN SPORTS ACTIVITIES

Article 5. Objectives of propaganda and education

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

2. Protect the rights and obligations of athletes.

3. Implementing supervision, inspection, and prevention measures to stop athletes from using doping in sports.

Article 6. Content of Propaganda and Education

The propaganda and education activities aim to provide athletes, organizations, and related individuals with accurate information on the following contents:

1. The World Anti-Doping Code; regulations on anti-doping in Vietnam.

2. Prohibited substances or methods included in the annual Prohibited List issued by the World Anti-Doping Organization.

3. Cases of violation of anti-doping laws.

4. Consequences of using doping, including penalties, health damage, and social harm.

5. Regulations on procedures for conducting doping tests.

6. Rights and responsibilities of athletes, coaches, and medical staff.

7. Cases of exemption due to treatment.

8. Control of risks when using nutritional supplements.

9. Harm of doping to sportsmanship.

Chapter III. DOPING TESTING

Article 7. Authority to Require Athletes to Undergo Doping Tests

1. The General Department of Sports requires all athletes to undergo doping tests.

2. The organizing committee of sports competitions requires athletes participating in the competition to undergo doping tests.

3. The Vietnam Olympic Committee, the Vietnam Paralympic Association, national sports federations, and units employing athletes require athletes under their management to undergo doping tests.

Article 8. Sample Collection for Doping Testing

1. The Doping and Sports Medicine Center has the responsibility to:

a) Develop plans and organize the implementation of sample collection for doping testing;

b) The process of sample collection, storage, and doping testing must be carried out according to the technical procedures of the World Anti-Doping Organization.

2. Individuals assigned by authorized agencies to collect samples for doping testing must have certification meeting the requirements for sample collection expertise from the World Anti-Doping Organization or the Doping and Sports Medicine Center.

Article 9. Handling Results of Doping Testing

1. The Doping and Sports Medicine Center retains and manages information about doping test results according to the technical standards of the World Anti-Doping Organization.

2. Within five working days from the date of receiving the doping test results, the Doping and Sports Medicine Center shall notify in writing the test results to:

a) The General Department of Sports;

b) The agency or organization that requested the doping test, the athlete, the unit managing the athlete, and the national sports federation managing the athlete.

Article 10. Exemption Due to Treatment for Athletes

1. An athlete with a medical record requiring the use of prohibited substances or methods may apply for an Exemption Due to Treatment according to the International Standard for Therapeutic Use Exemptions.

2. The use of prohibited substances or methods in accordance with the provisions of the Exemption Due to Treatment clause will not be considered a doping violation.

Article 11. Therapeutic Use Exemption Board³

1. The Competition Organizing Committee Chair establishes a Therapeutic Use Exemption Board to review the appropriateness of treatment for athletes applying for therapeutic use exemptions for competitions. In cases where the Therapeutic Use Exemption Board is not established, the Competition Organizing Committee sends the athlete's application for therapeutic use exemption to the Doping and Sports Medicine Center for review.

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

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

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

3. The Therapeutic Use Exemption Board consists of five or seven members, including medical experts, who work democratically, vote by majority, and comply with the provisions of the World Anti-Doping Code.⁴, including medical experts, who work democratically, vote by majority, and comply with the provisions of the World Anti-Doping Code.

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

5. Based on the conclusion of the Therapeutic Use Exemption Board, within three working days from the date of receiving the application for therapeutic use exemption from athletes registered for the competition, the Competition Organizing Committee or the Doping and Sports Medicine Center shall notify in writing whether the therapeutic use exemption is approved or denied and specify the reasons.

6. Based on the conclusion of the Therapeutic Use Exemption Board, within ten working days from the date of receiving the application for therapeutic use exemption from athletes not covered by Clause 5 of this Article, the Doping and Sports Medicine Center shall notify in writing whether the therapeutic use exemption is approved or denied and specify the reasons.

7. The approval document for therapeutic use exemptions issued by the Competition Organizing Committee is only valid for the competition. The approval document for therapeutic use exemptions issued by the Doping and Sports Medicine Center is valid for a specific period, consistent with the athlete's medical records, and in accordance with the International Standard for Therapeutic Use Exemptions of the World Anti-Doping Organization.

Chapter IV. DISPOSITION OF VIOLATIONS AND SETTLEMENT OF PROTESTS REGARDING DOPING

Article 12. Disciplinary Committee for Assessing the Degree of Doping Violations

1. Based on the results of doping tests, the Director of the Doping and Sports Medicine Center decides to establish the Disciplinary Committee for Assessing the Degree of Doping Violations.

2. For doping violations discovered during competitions, the Head of the Competition Organizing Committee decides to establish the Disciplinary Committee for Assessing the Degree of Doping Violations.

For doping violations discovered after the competition has ended, the Director of the Doping and Sports Medicine Center decides to establish the Disciplinary Committee for Assessing the Degree of Doping Violations.

3. The Disciplinary Committee for Assessing the Degree of Doping Violations consists of five to seven members, including: Chairperson, Vice-Chairperson, Secretary, and other members. Members of the Committee are medical experts, legal experts, representatives of the Vietnam Olympic Committee, the Vietnam Paralympic Association, and relevant national sports federations and associations.

4. The Disciplinary Committee for Assessing the Degree of Doping Violations operates based on democratic principles, majority voting, and in accordance with the specialized regulations of the World Anti-Doping Code.

5. The Disciplinary Committee for Assessing the Degree of Doping Violations ceases operations and dissolves itself upon completion of its tasks.

Article 13. Responsibilities of the Disciplinary Committee for Assessing the Degree of Doping Violations

1. Review and evaluate relevant evidence and information.

2. Within three working days from the end of the meeting, the Disciplinary Committee for Assessing the Degree of Doping Violations must submit the Assessment Report on the Degree of Doping Violations to the Doping and Sports Medicine Center or the Competition Organizing Committee (in cases where doping is discovered during competitions). The Assessment Report on the Degree of Doping Violations includes:

a) Evidence of the violation;

b) Relevant information (if any);

c) The athlete's statement, the management unit's statement, and the national sports federation's statement managing the athlete (if any);

d) Minutes of the meeting.

Article 14. Conclusion of the Assessment of the Degree of Doping Violations

1. Based on the Assessment Report on the Degree of Doping Violations, the Director of the Doping and Sports Medicine Center or the Head of the Competition Organizing Committee (in cases where doping is discovered during competitions) issues the conclusion of the assessment of the degree of doping violations.

2. The conclusion of the assessment of the degree of doping violations includes the following main contents:

a) Identification of the doping violation;

b) Evaluation of the nature and degree of the doping violation;

c) Recommendation of disciplinary measures for the doping violation.

3. Within three working days from the date of issuance, the Director of the Doping and Sports Medicine Center or the Head of the Competition Organizing Committee (in cases where doping is discovered during competitions) is responsible for sending the conclusion of the assessment of the degree of doping violations to the athlete, the athlete's employing entity, the sports federation, the sports association managing the athlete, the doping control requesting agency, the Vietnam Olympic Committee, the Vietnam Paralympic Association, and the competent authority for handling according to regulations.

Article 15. Disposition of Doping Violations at Federations and Associations

1. Within seven days from the date of receipt of the conclusion of the assessment of the degree of doping violations, the competent authority, sports federation, or sports association issues the Decision on Disposition of Violations, including: Forms of punishment, duration of prohibition from participating in sports activities based on the evaluation of the degree of violation, and additional penalties according to the regulations of the federation or association.

2. The Decision on Disposition of Violations of the national sports federation or association is sent to the athlete, the General Department of Physical Culture and Sports, the Doping and Sports Medicine Center, and related agencies according to specialized regulations on anti-doping in sports activities.

3. National sports federations and associations are responsible for monitoring and reporting every six months on the training, competition activities, and other professional work of athletes during their disciplinary period.

Article 16. Appeals

1. Within twenty-one days from the date of receipt of the decision on treatment exemption or the decision on handling violations, athletes, individuals, and organizations related to such decisions have the right to appeal against those decisions according to the specialized regulations on anti-doping activities.

2. When there is a specialized appeal, the General Department of Sports shall establish an Appeal Resolution Board to resolve the appeal in accordance with the specialized regulations on anti-doping activities.

3. Appeals and resolution of appeals regarding administrative decisions and actions in anti-doping activities shall be resolved in accordance with the laws on appeals.

Chapter V. RESPONSIBILITIES OF ORGANIZATIONS AND INDIVIDUALS IN ANTI-DOPING ACTIVITIES

Article 17. Responsibilities of the General Department of Sports

1. To submit to the Minister for issuance and issue within its authority documents, strategies, policies, and plans on anti-doping activities in sports.

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 the Anti-Doping and Sports Medicine Center

1. To guide the implementation of forms and technical documents on anti-doping in accordance with the World Anti-Doping Organization's regulations.

2. To build a team of volunteers and collaborators for anti-doping awareness and education.

3. To coordinate with press agencies under the Ministry of Culture, Sports and Tourism to promote anti-doping activities.

4. To guide national sports team athletes and athletes awarded Class I or higher rankings to provide accurate and updated information about their residence, training locations, and treatment exemption files.

5. To coordinate with sports federations, associations, and athlete training institutions to manage athlete records in accordance with the specialized regulations on anti-doping activities in sports.

6. To organize training sessions for athletes, coaches, medical staff, and other relevant parties involved in anti-doping activities.

7. To monitor the implementation of decisions on handling violations concerning anti-doping activities.

Article 19. Responsibilities of the Department of Culture, Sports and Tourism (Department of Culture and Sports)

1. To develop and implement plans for promoting and educating about anti-doping activities for officials, coaches, and athletes.

2. To handle violations by athletes, coaches, and officials concerning anti-doping regulations within its authority.

3. To report annually to the General Department of Sports on the anti-doping activities in the locality.

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

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.

2. To develop plans for promoting and inspecting doping, and organizing training sessions to enhance knowledge about anti-doping activities for officials, doctors, coaches, and athletes participating in sports training and competitions.

3. To establish appropriate forms of handling for athletes, coaches, and officials under their management who violate anti-doping laws outside the provisions of the World Anti-Doping Code.

4. To report annually to the General Department of Sports on the results of anti-doping activities.

Article 21. Responsibilities of Training Institutions for Athletes

1. To provide complete and accurate information about athletes, facilitating the specialized authorities in conducting doping tests as prescribed.

2. To incorporate anti-doping education and promotion into athlete training and development programs.

3. To regularly inspect and supervise the implementation of anti-doping activities among athletes, coaches, and medical staff.

Article 22. Responsibilities of health care staff and coaches

1. Regularly study, enhance knowledge, and update information on prohibited substances and methods in sports training and competition.

2. Promote education, prevent violations of the World Anti-Doping Code.

3. Guide athletes to complete exemption application forms for treatment, residence, and training records.

4. Coordinate with specialized agencies to organize sample collection for doping tests.

Article 23. Responsibilities of Athletes

1. Adhere to the provisions of the World Anti-Doping Code and domestic laws and regulations on anti-doping.

2. Properly fulfill the rights and obligations of athletes in anti-doping activities.

3. Use medications, nutritional supplements, functional foods, and other special health recovery means only when permitted by doctors and coaches.

Chapter VI. IMPLEMENTATION PROVISIONS⁵

Article 24. Effective Date

1. This Circular takes effect from March 1, 2016.

2. Abolish the provisions on the use of drugs and strictly prohibit doping as stipulated in Section III Chapter II of the Regulation on Ensuring Health Care for Athletes of Sports Teams issued together with Decision No. 44/2005/QĐ-UBTDTT January 13, 2005 of the Minister, Head of the Sports Management Committee.

Article 25. Implementation organization

1. The General Department of Physical Training and Sport is responsible for guiding, inspecting, and monitoring the implementation of this Circular.

2. The Inspectorate of Culture, Sports and Tourism shall conduct inspections and handle violations of this Circular within its authority.

3. In the course of implementation, if any difficulties arise, relevant organizations and individuals are requested to report to the Ministry of Culture, Sports and Tourism (through the General Department of Physical Training and Sport) for timely research, amendment, and supplementation.