Law Amending and Supplementing Certain Articles of the Sports Law No. 26/2018/QH14

LAW

AMENDMENTS AND SUPPLEMENTS TO CERTAIN ARTICLES OF THE SPORTS AND PHYSICAL TRAINING LAW

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On the basis of the Constitution of the Socialist Republic of Vietnam;

The National Assembly enacted the Law Amending and Supplementing Certain Articles of The Sports and Physical Training Law No. 77/2006/QH11.

Article 1. Amendments and supplements to certain articles of the Sports and Physical Training Law

1. Amend and supplement Clause 3 of Article 4 as follows:

“3. Prioritize investment in developing sports and physical training in regions with special difficulties in socio-economic conditions; prioritize the development of swimming, traditional martial arts, and ethnic sports.”

2. Amend and supplement Article 10 as follows:

a) Amend and supplement Clause 1 of Article 10 as follows:

"1. Exploiting sports and physical training activities to infringe upon national interests, ethnic interests, lawful rights and interests of organizations and individuals; causing damage to health, life, reputation, dignity, and prestige of individuals. Sports and physical training activities contrary to social morality, customs, and cultural identity of the nation;"

b) Supplement Clause 7 to Article 10 as follows:

“7. Organizing illegal sports betting; engaging in illegal sports betting.”

3. Amending and supplementing Article 11 as follows:

a) Supplement Clause 1a to Article 11 as follows:

"1a. Mass sports and physical training activities are voluntary exercises, performances, and competitions aimed at enhancing physical and mental health."

b) Supplement Clauses 6 and 7 to Article 11 as follows:

“6. Organizations and individuals shall enjoy preferential policies in accordance with the law during the process of socialization of investment in constructing and operating sports facilities for mass sports and physical training activities.

7. Children, students, elderly people, persons with disabilities, those who have rendered meritorious service to the revolution, ethnic minorities in regions with special difficulties in socio-economic conditions, and other groups shall be exempted from or granted discounts on ticket prices and service fees for physical training at sports facilities in accordance with the Government's regulations.”

4. Amending and supplementing Article 12 as follows:

a) Amend and supplement Clause 2 of Article 12 as follows:

"2. Mass sports and physical training movements shall be evaluated based on the following criteria:"

"a) The number of people regularly participating in sports and physical training;"

"b) The number of sports families;"

"c) The number of sports volunteers;"

"d) The number of sports clubs;"

"e) The number of sports facilities;"

"f) The number of annual sports competitions;"

b) Supplement Clause 3 to Article 12 as follows:

"3. The Minister of Culture, Sports and Tourism shall provide detailed regulations for Clause 2 of this Article."

5. Amend and supplement Article 13 as follows:

“Article 13. Competent authority to decide on organizing mass sports competitions

1. The Prime Minister decides on organizing the following mass sports competitions:

"a) Regional, continental, and world sports meetings for persons with disabilities held in Vietnam, upon the proposal of the Minister of Culture, Sports and Tourism;"

"b) Regional, continental, and world sports meetings for students and university students, and the National Fitness Festival for secondary school students, upon the proposal of the Minister of Education and Training;"

"c) Regional, continental, and world sports meetings for military personnel held in Vietnam, upon the proposal of the Ministers of Defense and Public Security;"

2. The Minister of Education and Training, the Minister of Defense, and the Minister of Public Security, within their respective functions and powers, decide on organizing individual sports competitions at regional, continental, and world levels for students and university students and military personnel.

3. The Minister of Culture, Sports and Tourism decides on organizing individual sports competitions at regional, continental, and world levels for persons with disabilities, and national mass sports competitions.

4. People's Committees at all levels decide on organizing mass sports competitions in their localities.

5. Agencies and organizations decide on organizing mass sports competitions within their respective functions and powers.

6. Agencies and organizations that organize mass sports competitions must comply with the provisions of this Law and are responsible for specifying the content, format, remuneration system, and ensuring funding for the organization of such competitions.”

6. Amending and supplementing Article 21 as follows:

a) Amend and supplement Clause 1 and Clause 2 of Article 21 as follows:

"1. The State shall implement policies to allocate land and invest in building material infrastructure for physical education and sports activities in schools, ensuring sufficient physical education teachers and lecturers for all educational levels and training programs; prioritizing the development of swimming, traditional martial arts, and ethnic sports.

2. Within their respective functions and powers, the Minister of Education and Training and the Minister of Labor, Invalids and Social Affairs shall be responsible for the following:"

"a) Specifying standards for physical education and sports facilities and equipment for physical education activities at all educational levels and training programs;"

"b) Specifying the number and professional standards for physical education teachers and lecturers at all educational levels and training programs;"

"c) Developing and promulgating physical education curricula, training and upgrading physical education teachers and lecturers, and guiding extracurricular sports activities in schools;"

"d) Issuing standards for assessing and classifying the physical fitness of students and university students;"

b) Supplement Clause 5 to Article 21 as follows:

"5. Ministries, agencies equivalent to ministries, and provincial People's Committees shall specify the responsibilities of public sports facilities under their management to cooperate with educational institutions to utilize sports facilities for physical education and sports activities in schools."

1. The request for consent to the bond issuance plan to the public by credit institutions must be signed by the legal representative of the credit institution, including an evaluation of the contents regarding meeting the conditions for issuing bonds to the public, at least including: Business results (net profit after tax) of the year immediately preceding the issuance year; subscribed charter capital at the time of issuance; cumulative profit or loss up to the issuance year; overdue debt over one year at the nearest point in time; plan of sources and use of funds for the issuance year.

a) Amend and supplement Clause 1 of Article 22 as follows:

"1. Implementing the curriculum of physical education subjects in accordance with the regulations of the Minister of Education and Training and the Minister of Labor, Invalids and Social Affairs;"

b) Supplement Clause 6 to Article 22 as follows:

"6. Encouraging and creating favorable conditions for the development of swimming, traditional martial arts, and ethnic sports; establishing sports clubs for students and university students."

8. Amend and supplement Clause 4 of Article 23 as follows:

"4. Enjoy special allowances as prescribed by the Government."

9. Amend and supplement Article 25 as follows:

“Article 25. Sports Competitions in Schools

1. The Ministry of Education and Training, the Ministry of Labor, Invalids and Social Affairs, and People's Committees at all levels shall be responsible for organizing sports competitions to promote physical education and sports activities in schools.

2. Schools shall be responsible for organizing sports competitions at least once each academic year. The content, format, and regulations on sports competitions must be appropriate to the psychological and physiological characteristics of students' age groups and the material conditions of the school.

10. Amend and supplement Clause 3 of Article 27 as follows:

“3. Organizations shall conduct training and sports competitions applying professional skills to serve work, combat, and high-performance sports.”

11. Amend and supplement Article 31 as follows:

“Article 31. Development of High-Performance Sports

1. High-performance sports are systematic training and competition activities conducted by coaches and athletes aimed at achieving sporting achievements and records.

2. The State shall have policies to develop high-performance sports, focusing on concentrated investment in building modern facilities and equipment; training and nurturing athletes and coaches to reach national and international standards; organizing high-performance sports competitions and participating in international sports events; encouraging organizations and individuals to participate in developing high-performance sports; and implementing special policies for female athletes and coaches during their training and competition periods.

12. Amend and supplement Article 32 as follows:

“Article 32. Rights and Obligations of High-Performance Athletes

1. High-performance athletes shall enjoy the following rights:

a) Ensuring equipment and means for training and competing in sports;

b) Receiving care and treatment for injuries during training and competing in sports;

c) Enjoying special dietary allowances, salaries, and support for training and competing in sports according to the provisions of the law;

d) Implementing measures to ensure safety during training and competing in sports;

đ) Participating in and enjoying benefits related to labor accident insurance, occupational disease insurance, health insurance, social insurance, unemployment insurance according to the provisions of the law;

e) Ensuring educational opportunities in culture, politics, and professional fields;

g) Athletes who achieve outstanding results in national and international sports events shall enjoy preferential treatment in professional training and nurturing, health care, bonuses, and other benefits according to the provisions of the law;

h) Athletes who can no longer compete in sports shall be provided with opportunities for vocational training and employment according to the provisions of the law; they shall be given priority for recruitment to work at sports facilities;

i) National team athletes, provincial team athletes, and athletes from central city teams or sectors who suffer accidents during training or competing in sports resulting in loss of working ability or death shall be entitled to compensation according to the provisions of the law.

2. High-performance athletes shall have the following obligations:

a) Striving to train and compete to achieve high performance;

b) Adhering to the training programs and lesson plans set by coaches;

c) Complying with the rules of sports competitions and tournament regulations;

d) Cultivating moral character, ethics, organizational discipline awareness; enhancing willpower and national pride.

3. The Government shall provide detailed regulations on points b, c, đ, e, g, h, and i of Clause 1 of this Article.

13. Amend and supplement Article 33 as follows:

“Article 33. Rights and Obligations of High Performance Sports Coaches

1.   High performance sports coaches have the following rights:

a) To receive salary and special nutrition allowances as prescribed by law;

b) To be provided with training equipment;

c) To implement safety measures during training;

d) To study politics and improve their professional expertise;

đ) Participating in and enjoying benefits related to labor accident insurance, occupational disease insurance, health insurance, social insurance, unemployment insurance according to the provisions of the law;

e) Coaches who train athletes achieving outstanding results in national and international sports competitions shall enjoy preferential training and professional development programs, health care, bonuses, and other benefits as prescribed by law.

2.   High performance sports coaches have the following obligations:

a) To select athletes;

b) To manage and educate athletes;

c) To develop and implement training plans and programs for sports after obtaining approval from the athlete using agency;

d) To ensure safety measures for athletes during practice and competition;

đ) To comply with the competition rules of the sport and the regulations of the sports competition.

          3.  The Government shall provide detailed regulations on points a, đ, and e of Clause 1 of this Article.”

14. Amend and supplement Article 37 as follows:

Article 37. High Performance Sports Competitions

1. Regional, continental, and world sports congresses held in Vietnam.

2. National sports congress.

3. Championships and youth championships of each sport at the regional, continental, and world levels held in Vietnam.

4. National championships and annual national youth championships of each sport.

5. Competitions and matches organized or hosted by the national sports federation or the international sports federation.

6. Championships of each sport at the provincial level.

7. Other high performance sports competitions and matches organized by the provincial sports federation.”

15. Amend and supplement Article 38 as follows:

“Article 38. Authority to Decide on Organizing High Performance Sports Competitions

1. The Prime Minister decides to organize the sports competitions specified in Clause 1 and Clause 2 of Article 37 of this Law upon the proposal of the Minister of Culture, Sports and Tourism.

2. The Minister of Culture, Sports and Tourism decides to organize the sports competitions specified in Clause 3 and Clause 4 of Article 37 of this Law upon the proposal of the national sports federations.

3. The Chairman of the People's Committee of the province decides to organize the following sports competitions:

a) The sports competitions specified in Clause 5 of Article 37 of this Law upon the proposal of the Chairman of the national sports federation or the legal representative of the organization hosting the competition in cases where there is no national sports federation;

b) The sports competitions specified in Clause 6 of Article 37 of this Law upon the proposal of the head of the specialized body for physical culture and sports under the People's Committee of the province;

c) The sports competitions specified in Clause 7 of Article 37 of this Law upon the proposal of the Chairman of the provincial sports federation, city directly under the central government.”

16. Supplement Article 38a as follows:

“Article 38a. Authority to issue competition rules for sports disciplines

       1. The President of the National Sports Federation decides to issue competition rules for a sports discipline or to apply competition rules for a sports discipline issued by the International Sports Federation.

 2. In cases where the National Sports Federation has not been established, the Minister of Culture, Sports and Tourism decides to issue competition rules for a sports discipline or to apply competition rules for a sports discipline issued by the International Sports Federation.”

17. Amend and supplement Article 39 as follows:

“Article 39. Authority to issue regulations for high-performance sports competitions

1. The regulations for sports competitions specified in Clause 1 and Clause 3 of Article 37 of this Law shall be implemented according to the provisions of international sports organizations.

2. The Minister of Culture, Sports and Tourism approves the regulations for sports competitions specified in Clause 2 of Article 37 of this Law.

3. The President of the National Sports Federation approves the regulations for sports competitions specified in Clause 4 and Clause 5 of Article 37 of this Law.

In cases where the National Sports Federation has not been established, the Minister of Culture, Sports and Tourism approves the regulations for sports competitions specified in Clause 4 and Clause 5 of Article 37 of this Law.

4. The President of the Provincial Sports Federation approves the regulations for sports competitions specified in Clause 6 and Clause 7 of Article 37 of this Law.

In cases where the Provincial Sports Federation has not been established, the head of the specialized agency on physical education and sports under the provincial People's Committee approves the regulations for sports competitions specified in Clause 6 and Clause 7 of Article 37 of this Law.”

18. Amend and supplement Article 40 as follows:

“Article 40. Procedures for hosting high-performance sports competitions

1. The organization proposing to host a high-performance sports competition directly submits, through postal services or electronic networks, a complete application package for hosting the competition as stipulated in Clause 2 of this Article to the competent authority deciding to organize the high-performance sports competition.

2. The application package for hosting a high-performance sports competition includes:

a) A request letter for hosting a sports competition, specifying the name of the competition, its purpose, the proposed time, location, number of athletes participating, facilities, technical equipment, financial sources, and measures to ensure order and safety during the competition;

b) Regulations for the sports competition;

c) Competition schedule.

3. Within thirty days from the date of receiving a complete and valid application package, the person authorized to decide on organizing the sports competition as stipulated in Clause 1 and Clause 2 of Article 37 of this Law decides to organize the sports competition; if rejected, they must notify in writing and specify the reasons.

Within ten days from the date of receiving a complete and valid application package, the person authorized to decide on organizing the sports competition as stipulated in Clauses 3, 4, 5, 6, and 7 of Article 37 of this Law decides to organize the sports competition; if rejected, they must notify in writing and specify the reasons.”

19. Amend and supplement Article 44 as follows:

a) Amend and supplement Clause 2 of Article 44 as follows:

 “2. The State encourages organizations and individuals to establish professional sports clubs, train athletes, coach trainers, and organize professional sports competitions.”

b) Supplement Clause 3 to Article 44 as follows:

“3. Professional sports clubs enjoy preferential policies as prescribed by law to serve professional sports activities.”

20. Amend and supplement Article 49 as follows:

“Article 49. Professional Sports Club

1. A professional sports club is a business entity that trains and coaches athletes and organizes professional sports competitions.

2. A professional sports club is a member of the national sports federation.

3. A professional sports club must comply with the regulations of the national sports federation and international sports federations when participating in professional sports competitions organized by the national sports federation or international sports federations.

21. Amend and supplement Article 50 as follows:

“Article 50. Conditions for Operating Sports Activities of Professional Sports Clubs

          1. The conditions for operating sports activities of professional sports clubs include:

   a) Having a staff of sports officials meeting the requirements of professional sports activities;

    b) Having professional athletes and professional coaches;

           c) Having facilities and equipment suitable for professional sports activities.

2. The Government shall provide detailed regulations on Clause 1 of this Article.

22. Amend and supplement Clauses 2, 3, and 4 of Article 51 as follows:

 “2. The business registration authority shall issue a business registration certificate to a professional sports club in accordance with the laws on enterprises.

3. A professional sports club may only operate sports activities after being granted a certificate of eligibility to conduct sports activities by the competent sports authority under the provincial People's Committee in accordance with Article 50 of this Law.

4. The procedures for issuing a certificate of eligibility to conduct sports activities include:

a) An application for issuance of a certificate of eligibility to conduct sports activities;

b) A copy of the Enterprise Registration Certificate;

c) A summary of the preparation of business conditions in accordance with Article 50 of this Law.

Within seven working days from the date of receipt of complete and valid documents, the competent sports authority under the provincial People's Committee must inspect the business conditions for conducting sports activities of the professional sports club in accordance with Article 50 of this Law and issue a certificate of eligibility to conduct sports activities; if refusal, it must notify in writing and specify the reasons.

23. Amend and supplement Clause 2 of Article 54 as follows:

“2. Types of activities of sports establishments include public service sports units, businesses, individual households, and other organizations engaged in sports activities.

24. Amend and supplement Article 55 as follows:

“Article 55. Conditions for Operating Sports Activities of Enterprises

1. The conditions for operating sports activities of enterprises include:

          a)  Having a staff of specialized personnel appropriate to the content of the activities;

          b) Having facilities and equipment meeting the requirements of sports activities.

          2. The procedures for issuing a certificate of eligibility to conduct sports activities include:

    a) An application for issuance of a certificate of eligibility to conduct sports activities;

    b) A summary of the preparation of business conditions in accordance with Clause 1 of this Article.

Within seven working days from the date of receipt of complete and valid documents, the competent sports authority under the provincial People's Committee must inspect the business conditions for conducting sports activities of the enterprise in accordance with Clause 1 of this Article and issue a certificate of eligibility to conduct sports activities; if refusal, it must notify in writing and specify the reasons.

3. The Government shall provide detailed regulations on Clause 1 of this Article.

25. Amend and supplement Article 56 as follows:

“Article 56. Households and other organizations engaged in sports activities

1. Households and other organizations engaged in sports activities shall comply with the provisions of this Law and the laws on enterprises.

            2. Households and other organizations wishing to engage in dangerous sports activities and compulsory sports activities requiring coaching must register to establish a business and meet the conditions for engaging in dangerous sports activities and compulsory sports activities requiring coaching as prescribed by the Government.”

26. Amend and supplement Article 65 as follows:

a) Amend and supplement Clause 1 of Article 65 as follows:

“1. In planning, construction projects for schools, urban areas, residential areas, industrial zones, high-tech zones, military camps of the People's Armed Forces must allocate land for the construction of sports facilities in accordance with the regulations of the Government.”;

b) Amend and supplement Clause 4 of Article 65 as follows:

“4. The competent state agency when formulating plans for land use must allocate land for physical education and sports in accordance with the cultural and sports facility network planning.”;

c) Supplement Clause 5 to Article 65 as follows:

“5. In cases where land intended for sports facilities is converted to another purpose, the competent authority must allocate corresponding land to replace it.”.

27. Add Article 67a as follows:

“Article 67a. Sports betting

1. Sports betting is a form of entertainment with rewards where participants make predictions about possible outcomes in sporting events used for betting purposes.

2. Engaging in sports betting must ensure the following principles:

          a) Sports betting is a conditional business activity subject to strict control by the competent state agencies;

          b) A business engaging in sports betting may only operate if it has been granted a certificate of eligibility for sports betting business by the competent state agencies;

          c) Sports betting business activities must be transparent, fair, honest, and ensure the rights and legitimate interests of all parties involved;

          d) The currency used for sports betting and prize payouts in sports betting business is the Vietnamese Dong.

 3. The Government decides the list of sports activities permitted for sports betting business and provides detailed regulations on sports betting business.”

28. Amend and supplement Clause 6 of Article 69 as follows:

     “6. Receive state financial support for activities assigned by the State in accordance with the State Budget Law.”

29. Amend and supplement Article 71 as follows:

a) Amend and supplement Clause 5 of Article 71 as follows:

    “5. Receive state financial support for activities assigned by the State in accordance with the State Budget Law.”

b) Supplement Clause 12 to Article 71 as follows:

          “12. Recognize material and equipment facilities meeting the standards for organizing high-performance sports competitions.”

30. Repeal Article 79.

Article 2. Replacing certain phrases in some articles of the Law on Physical Culture and Sports

1. Replace the phrase "approve" with the phrase "endorse" in Clause 3, Article 68, Clause 3, Article 70, and Clause 2, Article 72.

2. Replace the phrase "Physical Culture and Sports Committee" with the phrase "Ministry of Culture, Sports and Tourism" in Clause 2 and Clause 3, Article 5, Clause 2, Article 16, Article 19, Clause 4, Article 69, and Clause 9, Article 71.

3. Replace the phrase "Minister, Chairman of the Physical Culture and Sports Committee" with the phrase "Minister of Culture, Sports and Tourism" in Point b, Clause 2, Article 28, Clause 4, Article 35, Clause 3, Article 42, Point a, Clause 2, Article 57, and Clause 4, Article 61.

Article 3. Effectiveness

This Law takes effect from January 1, 2019.

This Law was passed by the National Assembly of the Socialist Republic of Vietnam, the fifth session of the fourteenth term, on June 14, 2018.