Decree No. 141/2004/ND-CP On Administrative Sanctions for Violations in the Field of Physical Culture and Sports

DECREE

Regarding administrative offenses in the field of physical education, Culture and Sports

____________________________

THE GOVERNMENT

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

Pursuant to the Physical Education and Sports Ordinance dated September 25, 2000;

Based on the Administrative Violation Handling Ordinance dated July 2, 2002;

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

DECREE:

PART I

GENERAL PROVISIONS

Article 1. Scope and regulated subjects

1. This Decree stipulates the handling of administrative offenses in the fields of physical education and sports. Administrative offenses in these fields are intentional or unintentional acts by individuals or organizations that violate state management regulations in the fields of physical education and sports, which are not criminal offenses, and shall be subject to administrative handling according to this Decree.

2. Administrative offenses in the fields of physical education and sports as specified in this Decree include: violations of legal provisions in activities related to selection - training; competition - performance; organization and management of sports teams; medical work - rescue - service; advertising and services in the fields of physical education and sports.

Article 2. Applicability

1. Individuals and organizations of Vietnam committing administrative offenses in the fields of physical education and sports shall be handled according to this Decree and other relevant legal provisions on handling administrative offenses.

2. Foreign individuals and organizations committing administrative offenses in the fields of physical education and sports within the territory of the Socialist Republic of Vietnam shall be handled according to this Decree and other relevant legal provisions on handling administrative offenses.

In cases where international treaties to which the Socialist Republic of Vietnam is a party provide different provisions, such treaties shall be implemented.

Article 3. Statute of limitations for handling administrative offenses

1. The statute of limitations for handling administrative offenses in the fields of physical education and sports is one year from the date the administrative offense was committed.

If the limitation period for imposing penalties for administrative offenses has expired, penalties will not be imposed, but measures to remedy consequences as provided for in points a, b, c, d, and đ of Clause 3, Article 12 of the Administrative Offense Handling Ordinance shall still be applied.

2. For individuals who have been indicted, prosecuted, or had a decision made to bring them to trial under criminal proceedings, but subsequently had a decision to terminate investigation or terminate the case, if their actions indicate administrative offenses in the fields of physical education and sports, they shall be subject to administrative penalties; within three days from the date of issuing the decision to terminate investigation or terminate the case, the person issuing the decision must send it to the authority with the power to impose penalties; in this case, the statute of limitations for handling administrative offenses is three months from the date the authority with the power to impose penalties receives the decision to terminate and the case file.

3. Within the time limits specified in Clauses 1 and 2 of this Article, if individuals or organizations commit new administrative offenses in the fields of physical education and sports again, or intentionally evade or obstruct the imposition of penalties, the statute of limitations specified in Clauses 1 and 2 of this Article will not apply. The statute of limitations for handling administrative offenses will be recalculated from the date of committing the new administrative offense in the fields of physical education and sports or the date when evading or obstructing the imposition of penalties ceases.

Article 4. Principles for handling administrative offenses

The principle of imposing administrative penalties shall be carried out according to the provisions of Article 3 of the Administrative Offense Handling Ordinance and Articles 3 and 4 of Decree No. 134/2003/NĐ-CP dated November 14, 2003 of the Government detailing the implementation of certain articles of the Administrative Offense Handling Ordinance.

Article 5. Application of forms of administrative penalties and measures to remedy consequences

1. When imposing administrative penalties in the fields of physical education and sports, the authority with the power to impose penalties shall only apply the forms of administrative penalties, supplementary penalties, and measures to remedy consequences prescribed for individuals and organizations with violations according to Article 12 of the Administrative Offense Handling Ordinance and the provisions of this Decree.

2. When applying fines, the amount of fine for a single administrative offense is the average level within the fine range prescribed for that offense; if there are mitigating circumstances, the fine amount may be reduced, but it cannot be reduced below the minimum level of the fine range; if there are aggravating circumstances, the fine amount may be increased, but it cannot exceed the maximum level of the fine range.

Mitigating and aggravating circumstances shall be applied according to the provisions of Articles 8 and 9 of the Administrative Offense Handling Ordinance.

3. Supplementary penalty forms and other measures prescribed in this Decree shall be applied concurrently with the main penalty form to thoroughly handle the violation, eliminate the causes and conditions for recurrence, and remedy the consequences caused by the administrative offense.

Chapter II

VIOLATIONS OF ADMINISTRATIVE OFFENSES AND FORMS OF HANDLING

PART 1:

ADMINISTRATIVE VIOLATIONS IN SELECTION - TRAINING, FORMS AND AMOUNTS OF FINES

VIOLATIONS BY CANDIDATES DURING THE SELECTION PROCESS FOR SPORTS ACADEMIES AND CLASSES FORMS AND AMOUNTS OF FINES

Article 6. Article 1. Candidates shall be subject to a warning or a fine of from 200,000 VND to 500,000 VND for the following acts:

a) Cheating on conditions required to participate in selection;

b) Cheating during the selection process for sports academies and classes.

The results of candidates violating Clause 1 of this Article shall be nullified.

2. Measures to remedy consequences:

Violations by members of the Selection Committee in sports academies and classes

Article 7. Article 1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed for falsifying candidate records (name, date of birth, health indicators, or other conditions).

Article 2. A fine of from 1,500,000 VND to 2,000,000 VND shall be imposed for falsifying test results during the selection process.

Article 3. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for selecting candidates who do not meet the prescribed conditions or failing to select candidates who do meet the prescribed conditions.

The selection results shall be nullified.

4. Measures to remedy consequences:

Violations by individuals and organizations in training and teaching physical education and sports

Article 8. Article 1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed for training or teaching prohibited subjects, courses, or methods.

Article 2. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for forcing or enticing individuals with inadequate health conditions to participate in training.

Individuals violating Clause 2 of this Article causing adverse effects on the health of participants must bear the costs for restoring their health.

3. Measures to remedy consequences:

Violations by students in sports academies and classes

Article 9. Article 1. A warning or a fine of from 100,000 VND to 200,000 VND shall be imposed for self-inflicted injuries or injuries inflicted on other athletes to avoid attending classes.

Article 2. A fine of from 200,000 VND to 500,000 VND shall be imposed for voluntarily terminating studies at selected sports academies or classes.

Individuals and organizations violating Clauses 1 and 2 of this Article must reimburse training costs incurred during their participation.

3. Measures to remedy consequences:

PART 2:

ADMINISTRATIVE VIOLATIONS IN COMPETITIONS - PERFORMANCES, FORMS AND AMOUNTS OF FINES

VIOLATIONS BY MEMBERS OF THE ORGANIZING COMMITTEE IN COMPETITIONS - PERFORMANCES

Article 10. Article 1. A warning or a fine of from 200,000 VND to 500,000 VND shall be imposed for failing to fulfill responsibilities leading to competitions - performances not being conducted according to the scheduled time or being interrupted.

Article 2. A fine of from 500,000 VND to 1,000,000 VND shall be imposed for:

a) Allowing the use of costumes, sound, images not in accordance with regulations or adversely affecting ethnic customs and traditions;

b) Organizing competitions - performances not in accordance with registered content, time, and location.

Article 3. Individuals and organizations failing to fully fulfill responsibilities in inspecting equipment, tools, and other conditions for competitions - performances as prescribed shall be penalized:

a) A fine of from 1,000,000 VND to 2,000,000 VND;

b) A fine of from 5,000,000 VND to 10,000,000 VND in cases where state property, collective property, lives, health, or citizens' property are damaged.

Individuals and organizations violating Point b Clause 3 of this Article must restore the original condition of damaged equipment and assets. In cases where adverse effects on the health of competitors occur, they must bear the costs for restoring the health of competitors.

4. Measures to remedy consequences:

Violations by sports referees while performing duties

Article 11. Based on the conclusions of the Competition - Performance Organizing Committee, administrative violations by referees shall be punished as follows:

Article 1. A fine of from 200,000 VND to 500,000 VND shall be imposed for failing to comply with the organizing committee's regulations on referee activities in competitions - performances.

Article 2. A fine of from 500,000 VND to 1,000,000 VND shall be imposed for incorrectly determining errors in sports competitions - performances.

Article 3. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed for favoritism towards one of the parties participating in sports competitions - performances.

Article 4. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for coercing one of the parties participating in sports competitions - performances.

Article 5. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for violating competition - performance rules or regulations in sports.

Article 6. A fine of from 10,000,000 VND to 15,000,000 VND shall be imposed for concealing the use of banned stimulants in sports competitions - performances.

Article 7. A fine of from 30,000,000 VND to 50,000,000 VND shall be imposed for violating any of Articles 4, 5, and 6 of this Article, affecting the outcome of competitions - performances, causing serious consequences.

Violations by supervisors and secretaries while performing duties

Article 12. Article 1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed for using authority while performing duties to provide advantages or disadvantages to athletes or sports teams in competitions - performances.

Article 2. A fine of from 1,000,000 VND to 3,000,000 VND shall be imposed for reporting false developments in competitions - performances.

Violations by team leaders, team managers, coaches, and directors while performing duties

Article 13. Article 1. A fine of from 500,000 VND to 1,000,000 VND shall be imposed for:

a) Changing or altering records or forcing athletes to falsify records to meet competition - performance requirements;

b) Forcing athletes to compete - perform instead of others.

Article 2. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for:

a) Allowing athletes to use banned stimulants in competitions - performances;

b) Forcing athletes to compete - perform when their health is not guaranteed, resulting in adverse health effects.

Individuals and organizations violating Article 2 of this Article causing adverse health effects on athletes must bear the costs for restoring the health of athletes.

3. Measures to remedy consequences:

Individuals and organizations that commit the act prohibited under Clause 2 of this Article and cause adverse effects on athletes' health shall be liable for the costs of restoring the athletes' health.

Article 14. Violations by athletes during competition - performance

1. A fine of from 200,000 VND to 1,000,000 VND shall be imposed for the following acts:

a) Fraudulent conduct in facilitating participation in competitions - performances;

b) Competing - performing on behalf of another person or allowing another person to compete - perform on their behalf.

2. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for the act of using prohibited stimulants during competitions - performances.

Article 15. Acts violating the regulations of the Organizing Committee affecting the competitions - performances

A warning or a fine of from 200,000 VND to 500,000 VND shall be imposed for the act of disrupting public order, obstructing, or engaging in actions that affect the management of the Organizing Committee, referees, supervisors, and the competitions - performances of athletes.

Article 16. Other violations in competitions - performances

1. A warning or a fine of from 100,000 VND to 200,000 VND shall be imposed for the act of insulting the Organizing Committee, referees, supervisors, secretaries, team leaders, team managers, coaches, directors, athletes, and spectators.

2. A warning or a fine of from 500,000 VND to 1,000,000 VND shall be imposed on members of the Organizing Committee, referees, supervisors, secretaries, team leaders, team managers, coaches, and directors who perform their duties while intoxicated with beer, wine, or other stimulants.

3. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for the act of assaulting others during competitions - performances but not reaching the level of criminal prosecution.

4. Individuals and organizations engaging in collusion in competitions - performances without reaching the level of criminal prosecution shall be punished:

a) A fine of from 5,000,000 VND to 15,000,000 VND;

b) A fine of from 15,000,000 VND to 30,000,000 VND in cases where the purpose is betting;

c) A fine of from 30,000,000 VND to 50,000,000 VND in cases where the purpose is betting causing serious consequences.

5. Additional forms of punishment:

Individuals engaging in violations under points b and c, Clause 4 of this Article, in addition to being punished, shall have the money and objects used for betting confiscated.

6. Measures to remedy consequences:

Individuals and organizations engaging in violations under Clause 3 of this Article shall bear the costs for restoring the health of competitors - performers.

SECTION 3:

ADMINISTRATIVE VIOLATIONS IN THE ORGANIZATION AND MANAGEMENT OF SPORTS TEAM, FORMS AND AMOUNTS OF PENALTIES

Article 17. Violations by team leaders regarding organizational and operational regulations of sports teams

1. A fine of from 200,000 VND to 500,000 VND shall be imposed for the act of failing to comply with reporting systems or reporting inaccurately about the activities of the sports team to competent authorities.

a) Allowing the use of costumes, sound, images not in accordance with regulations or adversely affecting ethnic customs and traditions;

a) Not inspecting or urging the Coaching Team to implement the training plan of the sports team;

b) Arbitrarily changing the training plan of the sports team;

c) Not performing other tasks within the responsibility of the team leader.

3. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of reducing standards and benefits of team members.

4. Measures to remedy consequences:

Restoring the standards reduced for team members as stipulated in Clause 3 of this Article.

Article 18. Violations by coaching team members regarding organizational and operational regulations of sports teams

1. A fine of from 200,000 VND to 500,000 VND shall be imposed for the act of not fully performing assigned tasks in training work.

a) Allowing the use of costumes, sound, images not in accordance with regulations or adversely affecting ethnic customs and traditions;

a) Training not meeting the prescribed duration;

b) Training not according to the approved program;

c) Arbitrarily changing the approved training plan.

3. A fine of from 2,000,000 VND to 3,000,000 VND shall be imposed for the act of applying training methods that adversely affect the health and performance of athletes.

4. A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for the act of failing to comply with decisions of competent authorities regarding participation in the coaching team.

5. Measures to remedy consequences:

Individuals and organizations engaging in violations under Clause 3 of this Article causing adverse effects on the health of athletes shall bear the costs for restoring the health of athletes.

Article 19. Violations by athletes of sports teams

1. A warning or a fine of from 100,000 VND to 200,000 VND shall be imposed for the act of not complying with the time and place specified for centralized training without justifiable reasons.

2. A fine of from 200,000 VND to 500,000 VND shall be imposed for the act of intentionally affecting the health of other athletes in the team.

3. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for the act:

a) Failing to comply with decisions of competent authorities regarding participation in the team without justifiable reasons;

b) Refusing to participate in competitions - performances when qualified;

c) Violating team regulations to avoid the obligation to participate in the team;

d) Self-inflicting injuries or inflicting injuries on other athletes to avoid participating in competitions - performances.

4. Measures to remedy consequences:

Individuals and organizations engaging in violations under Clause 2 and point d, Clause 3 of this Article causing adverse effects on the health of other athletes shall bear the costs for restoring the health of the victim.

Article 20. Violations by team members regarding disciplinary speech

1. A warning or a fine of from 200,000 VND to 500,000 VND shall be imposed for the act:

a) Speaking beyond authority or without permission on issues related to the organization and operation of the team;

b) Disclosing information detrimental to the team.

b) Disclosing information detrimental to the team.

SECTION 4:

ADMINISTRATIVE VIOLATIONS IN HEALTH CARE - RESCUE - SERVICE WORK, FORMS AND AMOUNTS OF FINES

Article 21. Persons committing violations of health care - rescue regulations

1\. Warning or a fine from 200,000 VND to 500,000 VND for the act of not being present at the designated location without a legitimate reason.

a) Allowing the use of costumes, sound, images not in accordance with regulations or adversely affecting ethnic customs and traditions;

a) Not preparing emergency medical equipment and rescue tools as required for participants in training, competition - performance and sports service activities.

b) Not promptly implementing measures to ensure the health safety of participants in training, competition - performance and sports service activities.

3\. A fine from 2,000,000 VND to 3,000,000 VND for the act of not complying with health care - rescue work regulations when organizing training, competition - performance sports activities.

4. Measures to remedy consequences:

Individuals and organizations committing violations under Clause 1, Clause 2, and Clause 3 of this Article that result in adverse effects on the health of participants in training, competition - performance sports activities shall bear the costs for restoring the health of the victims.

Article 22. Violations in service activities for training, competition - performance sports activities

1\. Warning for the act of not being present at the designated time and place without a legitimate reason.

2\. A fine from 100,000 VND to 200,000 VND for the act of providing services untimely or failing to implement insurance regulations for participants in training, competition - performance sports activities, resulting in the following consequences:

a) Causing training, competition - performance activities not to proceed according to the prescribed schedule.

b) Causing interruptions in training, competition - performance activities.

c) Failing to ensure the safety of participants in training, competition - performance activities.

3\. A fine from 200,000 VND to 500,000 VND for individuals and organizations not arranging personnel to provide services to ensure the safety of participants in training, competition - performance activities and sports service activities.

4. Measures to remedy consequences:

Individuals and organizations committing violations under Point c Clause 2 or Clause 3 of this Article that result in adverse effects on the health of participants in training, competition - performance sports activities shall bear the costs for restoring the health of the victims.

SECTION 5:

ADMINISTRATIVE VIOLATIONS IN ADVERTISING AND SPORTS SERVICE ORGANIZATION ACTIVITIES, FORMS AND AMOUNTS OF FINES

Article 23. Violations in advertising activities during competitions - performances in sports activities

1\. A fine from 2,000,000 VND to 5,000,000 VND for the following acts:

a) Placing advertisements that obstruct the view of spectators, affecting athletes' competitions - performances, affecting coaches' instructions, or the implementation of tasks by the organizing committee, referees, guides, medical staff, and service personnel.

b) Placing advertisements within the competition - performance area that obstruct directional signs or national flags.

2. Measures to remedy consequences:

Individuals and organizations violating Clause 1 of this Article must remove the advertisements or bear all costs for their removal and reinstallation in the designated locations.

Article 24. Violations in sports service activities

1\. A fine from 500,000 VND to 1,500,000 VND for the act of:

a) Using sound or causing noise beyond the prescribed limit.

b) Employing coaches, instructors, medical staff, and rescue personnel not in accordance with legal regulations.

2\. A fine from 1,000,000 VND to 3,000,000 VND for the act of operating outside the prescribed time and location.

3\. A fine from 1,500,000 VND to 5,000,000 VND for the act of using sports service facilities not in accordance with regulations.

4\. A fine from 5,000,000 VND to 10,000,000 VND for the act of using training and competition - performance equipment not in accordance with regulations.

5\. A fine from 10,000,000 VND to 20,000,000 VND for the act of using sports service facilities and training and competition - performance equipment not in accordance with regulations, causing serious consequences.

6. Additional forms of punishment:

Individuals and organizations violating Clause 4 of this Article shall have the offending means confiscated.

7. Measures to remedy consequences:

Individuals and organizations committing violations under Point b Clause 1, Clause 3, Clause 4, and Clause 5 of this Article that result in adverse effects on the health of participants in training, competition - performance sports activities shall bear the costs for restoring the health of the victims.

Article 25. Violations in the use of names and symbols of clubs, schools, and exercises

1\. A fine from 10,000,000 VND to 20,000,000 VND for the act of using names or symbols that overlap with those registered with competent state agencies by other organizations, clubs, schools, or exercises.

2\. A fine from 30,000,000 VND to 50,000,000 VND for the act of:

a) Using names or symbols that are violent or pornographic, adversely affecting ethnic customs and traditions.

b) Using names that adversely affect the reputation of leaders, organizations, or state agencies.

3. Measures to remedy consequences:

Names and symbols violating the provisions of Clause 1 and Clause 2 of this Article shall be revoked.

Chapter III

AUTHORITY TO HANDLE ADMINISTRATIVE VIOLATIONS IN THE FIELD OF SPORTS

Article 26. Authority to handle administrative violations of People's Committees at various levels

1\. The Chairman of the People's Committee at the commune level has the authority to handle administrative violations in the field of sports within the local management scope as stipulated in this Decree, in accordance with Article 28 of the Administrative Violation Handling Ordinance.

2\. The Chairman of the People's Committee at the district level has the authority to handle administrative violations in the field of sports within the local management scope as stipulated in this Decree, in accordance with Article 29 of the Administrative Violation Handling Ordinance.

3\. The Chairman of the People's Committee at the provincial level has the authority to handle administrative violations in the field of sports within the local management scope as stipulated in this Decree, in accordance with Article 30 of the Administrative Violation Handling Ordinance.

Article 27. Authority to handle administrative violations of the Sports Inspection Agency

1. A sports inspection officer currently performing official duties has the authority to issue a warning or impose a fine of up to 200,000 VND pursuant to Article 38 of the Administrative Violation Handling Ordinance for administrative violations in the field of physical culture and sports as stipulated in this Decree.

2. The head of a provincial-level specialized inspection agency has the authority to issue a warning or impose a fine of up to 20,000,000 VND pursuant to Article 38 of the Administrative Violation Handling Ordinance for administrative violations in the field of physical culture and sports as stipulated in this Decree.

3. The head of the Physical Culture and Sports Commission has the authority to issue a warning or impose a fine of up to 30,000,000 VND pursuant to Article 38 of the Administrative Violation Handling Ordinance for administrative violations in the field of physical culture and sports as stipulated in this Decree.

Article 28. Police's authority to impose administrative penalties

The People's Public Security force has the authority to impose penalties according to the authority prescribed in Article 31 of the Administrative Violation Handling Ordinance for administrative violations in the field of physical culture and sports related to public security, social order, and safety under their management authority as stipulated in this Decree.

Article 29. Authority of the Labor Inspection Agency to impose administrative penalties

The Labor Inspectorate has the authority to impose penalties on athletes, coaches, instructors, medical staff, and rescue personnel who fail to comply with labor laws.

Article 30. Procedures for imposing fines, collecting, and handling contraband items and means of violation

Apply the provisions set forth in Chapter VI of the Administrative Violation Handling Ordinance 2002 and Decision No. 134/2003/NĐ-CP dated November 14, 2003 detailing the implementation of certain articles of the Administrative Violation Handling Ordinance 2002.

Chapter IV

COMPLAINTS AND REPORTING OF VIOLATIONS

Article 31. Petitioning and Reporting

1. Individuals or organizations subject to administrative penalties in the field of physical culture and sports, or their lawful representatives, have the right to appeal against the decision on administrative penalties in accordance with the law on complaints and reports.

2. Every citizen has the right to report to competent state agencies about administrative violations in the field of physical culture and sports or to report violations by those authorized to impose administrative penalties in the field of physical culture and sports in accordance with the law.

3. The procedures for complaints and reports and the authority to resolve complaints and reports regarding administrative penalties in the field of physical culture and sports shall be applied in accordance with the law on complaints and reports.

Article 32. Handling violations by those authorized to handle administrative violations

1. Those authorized to impose administrative penalties in the field of physical culture and sports who harass, tolerate, cover up, fail to handle, or handle inadequately, improperly, or beyond their authority shall be subject to disciplinary action or criminal prosecution depending on the nature and severity of the violation.

2. Those authorized to impose administrative penalties in the field of physical culture and sports who commit acts of embezzlement or misuse of confiscated funds, contraband items, or means of violation shall be subject to disciplinary action or criminal prosecution and required to compensate for damages in accordance with civil law, depending on the nature and severity of the violation.

Article 33. Handling violations by those subject to administrative penalties in the field of physical culture and sports

If individuals subject to administrative penalties engage in acts of resisting officials performing their duties, delaying, evading compliance, or committing other violations, they may be subject to administrative penalties or criminal prosecution, and if damage is caused, they must compensate in accordance with the law, depending on the nature and severity of the violation.

Chapter V

IMPLEMENTING PROVISIONS

Article 34. Effectiveness of the Decree

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

Article 35. Responsibility for guiding and implementing this Decree

The Minister, Chairman of the Physical Culture and Sports Commission, is responsible for guiding the implementation of this Decree.

Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairmen of provincial-level People's Committees are responsible for implementing this Decree./.