Circular No. 17/2015/TT-BVHTTDL on preventing and combating doping in sports activities

CIRCULAR

Provisions on preventing and combating doping in sports activities°

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Based on Decree No. 76/2013/NĐ-CP dated July 16, 2013 of the Government stipulating functions, tasks, powers, and responsibilities of the General Department of Physical Education and Sports1and Tourism promulgating this Circular on provisions on preventing and combating doping in sports activitieson2016 issued by the Minister of Culture, Sports and Tourism detailing the implementation of some provisions of Decree No. 79/2012/NĐ-CP on artistic performances, fashion shows; beauty pageants and model contests; circulation,development tourism and Sports l2. DECISION PERMITTING THE PRODUCTION OF FILMS USING STATE BUDGET FUNDS (FORM NO. 02).

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b) Public libraries at the district level: libraries under the People's Committee of districts, towns, cities directly under provinces, or libraries under the Department of Culture, Information, Cultural Center, or Cultural-Sports Center, or District Cultural House of districts, towns, cities directly under provinces;Coatc) Public libraries at the commune level: libraries under the People's Committee of communes, wards, towns, or libraries under the Cultural-Sports Center, or Commune Cultural House of communes, wards, towns.development and TourismNo.This Circular applies to organizations and individuals participating in sports activities, other organizations and individuals related to sports in Vietnam; Vietnamese organizations and individuals participating in sports activities abroad.For power plants invested under the Build-Operate-Transfer (BOT) model, n is determined according to the operational period of the power plant stipulated in the BOT contract.8. Giving athletes substances or methods prohibited for use during competition or outside competition; supporting, encouraging, assisting, compelling, covering up, or being involved in any form of complicity that violates the regulations on preventing and combating doping.|||EDUCATION AND AWARENESS RAISING ON PREVENTING AND COMBATING DOPING IN SPORTS ACTIVITIES

PART 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

2. The person assigned by the competent authority to collect doping test samples must have a certificate attesting to their qualification in collecting doping test samples issued by the World Anti-Doping Organization or the Center for Doping and Sports Medicine.

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.

1. The Director of the Center for Doping and Sports Medicine or the Chairman of the Competition Organizing Committee shall establish an Exemption Review Board to examine the legitimacy of treatment exemptions based on the athlete's application for a treatment exemption.

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.

Chapter II

2. The Exemption Review Board consists of five to seven members, including medical experts, operating on a democratic basis, with decisions made by majority vote and in accordance with the provisions of the World Anti-Doping Code. The Exemption Review Board ceases operations and dissolves itself upon completion of its tasks.

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 CONTROL

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.

3. Within a maximum period of ten working days from the date of receipt of the application for a treatment exemption, the Center for Doping and Sports Medicine decides whether to grant or deny the treatment exemption.

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 Board

Within a maximum period of three working days from the date of receipt of the application for a treatment exemption during a competition, the Competition Organizing Committee decides whether to grant or deny the treatment exemption. The decision on a treatment exemption issued by the Chairman of the Competition Organizing Committee is only valid for the competition.

DISPOSITION OF VIOLATIONS AND SETTLEMENT OF COMPLAINTS REGARDING DOPING

3. The Doping Violation Assessment Council consists of five to seven members, including: the Chairperson of the Council, the Vice-Chairperson of the Council, the Secretary of the Council, and the members. Members of the Council are medical experts, legal experts, representatives of the Vietnam Olympic Committee, the Vietnam Paralympic Association, and national sports federations and associations related to the case.

2. Within three working days from the end of the meeting, the Doping Violation Assessment Council must send the Doping Violation Assessment Report to the Center for Doping and Sports Medicine or the Competition Organizing Committee (in cases where doping is detected during a competition). The Doping Violation Assessment Report includes:

1. Based on the Doping Violation Assessment Report, the Director of the Center for Doping and Sports Medicine or the Chairman of the Competition Organizing Committee (in cases where doping is detected during a competition) issues a conclusion on the assessment of the level of doping violation.

Chapter IV

3. Within three working days from the date of issuance, the Director of the Center for Doping and Sports Medicine or the Chairman of the Competition Organizing Committee (in cases where doping is detected during a competition) is responsible for sending the conclusion on the assessment of the level of doping violation to the athlete, the athlete's employing entity, the national sports federation or association managing the athlete, the doping testing requesting agency, the Vietnam Olympic Committee, the Vietnam Paralympic Association, and the competent authority for handling the case according to regulations.

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.

1. Within seven days from the date of receipt of the conclusion on the assessment of the level of doping violation, the competent authority, national sports federation, or association issues a decision on the disposition of violations, including: the form of punishment, the duration of prohibition from participating in sports activities based on the assessment of the level of violation, and supplementary penalties according to the regulations of the federation or association.

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. The decision on the disposition of violations by the national sports federation or association is sent to the athlete, the General Department of Physical Education and Sports, the Center for Doping and Sports Medicine, and relevant agencies according to professional regulations on preventing and combating doping in sports activities.

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

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

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.

1. Within twenty-one days from the date of receipt of the decision on a treatment exemption or the decision on the disposition of violations, athletes, individuals, and organizations related to the case have the right to file a specialized complaint against the decision on a treatment exemption or the decision on the disposition of violations.

Article 15. Disposition of Doping Violations at Federations and Associations

IN PREVENTING AND COMBATING DOPING

4. Guide national team athletes and athletes ranked at level I or higher to provide accurate and updated information about their residence and training, and treatment exemption files.

2. Develop plans for awareness raising, doping testing, and organize training sessions to enhance knowledge on preventing and combating doping for officials, doctors, coaches, and athletes participating in training and competition.

Article 16. Appeals

3. Develop appropriate forms of disposition for athletes, coaches, and officials under their management who violate laws on preventing and combating doping beyond the provisions of the World Anti-Doping Code.

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 ON PREVENTION AND COMBATING DOPING

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. Guide national sports team athletes and athletes with a rank of Class I or higher to provide accurate and updated information about their residence and training, as well as exemption documentation due to treatment.

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. Develop plans for propaganda, doping testing, and organize training to enhance knowledge on prevention and combating doping for staff, doctors, coaches, and athletes participating in sports training and competitions.

3. Establish appropriate forms of handling for athletes, coaches, and staff under their management who violate laws on prevention and combating doping 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

IMPLEMENTING PROVISIONS

Article 24. Effectiveness of Implementation

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

2. Abolish the provisions on the use of medication and strictly prohibit the use of doping as stipulated in Section III Chapter II of the Medical Assurance Regulations for Athletes of Sports Teams issued together with Decision No. 44/2005/QĐ-UBTDTT dated January 13, 2005 of the Minister, Chairman 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. During the implementation process, if any difficulties arise, organizations and individuals involved are requested to report to the Ministry of Culture, Sports and Tourism (through the General Department of Physical Training and Sport) for timely study, amendment, and supplementation./.