Decree No. 36/2019/ND-CP detailing some provisions of the Law amending and supplementing certain articles of the Sports Law.

DECREE

Providing detailed provisions on certain articles

of the Law Amending and Supplementing Certain Provisions of the Law on Physical Culture and Sports

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law Amending and Supplementing Certain Provisions of the Law on Physical Culture and Sports dated June 14, 2018;

Pursuant to the Investment Law dated November 26, 2014;

Based on the Law amending and supplementing Article 6 and Appendix 4 on the List of Industries and Trades Subject to Conditions for Investment and Business under the Investment Law No. 67/2014/QH13;

At the proposal of the Minister of Culture, Sports and Tourism;

The Government promulgates this Decree detailing certain provisions of the Law Amending and Supplementing Certain Provisions of the Sports Law.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Decree details certain provisions of the Law Amending and Supplementing Certain Provisions of the Sports Law regarding:

1. Regimes and policies for implementing the rights of high-performance athletes and coaches.

2. Conditions for operating sports activities of professional sports clubs.

3. Conditions for operating sports activities of enterprises.

Article 2. Applicability

1. Vietnamese organizations and individuals, foreign organizations and individuals engaged in physical education and sports on the territory of Vietnam.

2. State management agencies for physical education and sports, other organizations and individuals involved in physical education and sports activities.

 COACHES OF HIGH-LEVEL SPORTS

Article 3. Health care and injury treatment

1. Organizations using high-performance athletes shall be responsible for:

a) Conducting initial health checks for athletes immediately upon their selection into training centers and sports teams;

b) Conducting regular health checks for athletes at least twice a year;

c) Conducting health checks for athletes before participating in high-performance sports competitions.

2. The content of health checks for athletes specified in point a and point b, Clause 1 of this Article includes:

a) Assessment of physical fitness level;

b) Assessment of physique;

c) Psychological assessment;

d) Biological assessment.

3. The content of pre-competition health checks for athletes specified in point c, Clause 1 of this Article shall be carried out in accordance with the provisions of the law.

4. High-performance athletes shall be provided with healthcare, functional recovery, and injury treatment at domestic medical facilities.

In exceptional cases, the Minister of Culture, Sports and Tourism may decide to allow high-level sports athletes who are called up to train in national sports teams preparing for participation and having the potential to win medals at the Asian Games (hereinafter referred to as ASIAD), participating in the Olympic Games (hereinafter referred to as Olympic Games), and athletes participating in the World Para-Sports Games (hereinafter referred to as Paralympic Games) to receive treatment for injuries abroad.

Article 4. Special dietary regime

1. High-performance athletes shall enjoy a special dietary regime to ensure adequate nutrition for their high-performance sports training and competition activities, including:

a) Daily meals;

b) Nutritional supplements.

2. High-performance coaches shall enjoy the regime prescribed in point a of Clause 1 of this Article.

3. The period during which the special dietary regime is enjoyed shall be counted within the time of concentrated training and competition of coaches and athletes.

4. Coaches and athletes of high-level sports who are called up to national sports teams to prepare for participation in the Southeast Asian Games (hereinafter referred to as SEA Games), Asian Games (ASIAD) and Olympic Games shall enjoy a higher nutrition regime not exceeding 50% more than the level prescribed in Clause 1 of this Article during a period not exceeding 90 days.

5. Coaches and athletes of high-level sports who are called up to national sports teams and have the potential to win gold medals at ASIAD, win gold medals at the Youth Olympic Games (hereinafter referred to as Youth Olympic Games), reach the standard for participating in the Olympic Games, and athletes participating in the Paralympic Games shall enjoy a higher nutrition regime not exceeding 100% more than the level prescribed in Clause 1 of this Article.

The Minister of Culture, Sports and Tourism shall decide the list of coaches and athletes entitled to the regime prescribed in this Clause.

6. Athletes of high-level sports who are called up to national sports teams and have the potential to win medals at ASIAD, participate in qualification rounds and participate in the Olympic Games, and athletes participating in the Paralympic Games shall enjoy functional food regimes according to the specific nature of each sport as stipulated by the Minister of Culture, Sports and Tourism.

7. Coaches and athletes training abroad shall enjoy daily meal allowances according to the invitation letter or contract signed between the domestic athlete management agency and the foreign training institution.

8. When market prices fluctuate by equal to or greater than 10% as announced by the General Statistics Office, the Ministry of Finance shall take the lead and coordinate with the Ministry of Culture, Sports and Tourism to adjust the expenditure levels for implementing the nutrition regime appropriately.

9. The Ministry of Finance shall take the lead and coordinate with the Ministry of Culture, Sports and Tourism to detail the special dietary regime for coaches and athletes as prescribed in this Article.

Article 5. Ensuring Cultural and Political Education

1. Athletes studying at educational institutions or vocational education institutions who are called up to national sports teams, provincial sports teams, or sectoral teams for training and competition shall have their tuition fees paid by the employing agency in accordance with the provisions of the law.

2. Athletes who achieve outstanding results in national or international sports competitions may be granted special graduation from junior high school or high school if the examination time coincides with the time the athlete is training abroad or participating in international sports competitions.

3. The employing agency shall have the following responsibilities:

a) Organize supplementary cultural knowledge training for high-level sports athletes after they have completed training and competition in domestic and international sports events; pay related expenses for organizing supplementary cultural knowledge training for athletes;

b) Regularly educate and publicize about the tradition of patriotism and national pride; provide information and publicity about domestic and international political, economic, and social situations and the activities of the sector to coaches and athletes;

c) Encouraging and creating conditions for coaches and athletes to study foreign languages, computer skills, and to participate in cultural, artistic, and social activities.

Article 6. Preferential Treatment in Professional Training and Development

Athletes and coaches of national sports teams who have graduated from high school and have been confirmed by the Ministry of Culture, Sports and Tourism to have completed their tasks in participating in the Olympic Games, World Championships, World Cups, ASIAD, Asian Championships, Asian Cups, Southeast Asian Games, Southeast Asian Championships, and Southeast Asian Cups shall be given priority:

1. Direct admission to university or college programs in physical education or related fields.

2. Participation in coaching courses, training sessions, and advanced professional skill development both domestically and internationally.

3. Considering exemption or reduction of tuition fees and support for educational expenses in accordance with the provisions of the law.

Article 7. Preferential Treatment in Vocational Training and Employment

1. Athletes of national sports teams, sectoral sports teams, and provincial sports teams who cease being athletes and have the need and meet the conditions for vocational training support shall be supported for vocational training in accordance with the provisions of Government Decree No. 61/2015/NĐ-CP dated July 9, 2015 on policies supporting job creation and the National Employment Fund.

2. Athletes who win medals at the Olympic Games, Asian Games (ASIAD), and Southeast Asian Games (SEA Games) shall be given priority:

a) Special consideration for employment at public sports facilities suitable for the positions being recruited;

b) Given preferential points in recruitment at sports facilities when meeting the required professional qualifications and capabilities for the position;

c) During the probationary period, receiving 100% of the salary and allowances corresponding to the professional position.

Article 8. Other Benefits

The regimes concerning salaries; training and competition support payments; social insurance; health insurance; unemployment insurance; occupational accident and occupational disease insurance; insurance when training and competing abroad; and bonuses based on competition results for coaches and athletes of high-level sports during concentrated training and competition periods shall be implemented in accordance with the provisions of Government Decree No. 152/2018/NĐ-CP dated November 7, 2018 on certain regimes for coaches and athletes of high-level sports during concentrated training and competition periods.

Chapter III
CONDITIONS FOR OPERATING SPORTS ACTIVITIES OF SPORT CLUBS

 PROFESSIONAL SPORTS ORGANIZATIONS, BUSINESSES

Section 1

CONDITIONS FOR OPERATING SPORTS ACTIVITIES

OF PROFESSIONAL SPORT CLUBS

Article 9. Professional Coaches

A professional coach must meet one of the following conditions:

1. Hold a bachelor's degree in physical education and sports in a relevant specialty corresponding to the professional sport activity and complete the professional coach training program of the national sports federation.

2. Hold a professional coaching certificate issued by a continental or world sports federation of the professional sport.

3. Hold a foreign professional coaching certificate recognized by a continental or world sports federation of the professional sport.

Article 10. Professional Athletes

A professional athlete must meet the following conditions:

1. Have a labor contract with a professional sports club.

2. Be recognized by the national sports federation as a professional athlete. In the case of foreign athletes participating in professional sports competitions in Vietnam, they must have an international transfer certificate and a work permit in accordance with the labor laws.

Article 11. Medical Personnel

Medical staff present during professional sports training and competition sessions or medical staff from healthcare facilities contracted by professional sports clubs for emergency first aid to participants in professional sports activities when necessary must have a minimum educational level of a college degree in health sciences.

Article 12. Infrastructure and Equipment

The infrastructure and equipment for professional sports training and competition must meet national technical standards, Vietnamese standards, or international standards and be suitable for the regulations of international professional sports organizations.

Section 2

CONDITIONS FOR OPERATING

SPORTS ACTIVITIES OF BUSINESSES

Article 13. Professional Staff

The professional staff of enterprises operating sports activities includes:

1. Physical exercise instructors must meet one of the following conditions:

a) Be a coach or athlete with a rank of Class 2 or higher or equivalent, appropriate to the registered sports activity;

b) Hold a diploma in physical education and sports at the level of a junior college or higher, appropriate to the registered sports activity;

c) Undergo specialized sports training according to the regulations of the Minister of Culture, Sports and Tourism.

2. Rescue personnel.

3. Medical personnel.

Article 14. Infrastructure and Equipment

An enterprise operating sports activities must have sports infrastructure and equipment that comply with national technical standards issued by the Minister of Culture, Sports and Tourism.

Article 15. Conditions for Operating Sports Activities Requiring Instructional Guidance

If a business provides services for guiding physical exercise or engages in sports activities listed in the Catalogue of Sports Activities Requiring Mandatory Guidance issued by the Minister of Culture, Sports and Tourism, it must satisfy the following conditions:

1. Have physical exercise instructors as stipulated in Clause 1, Article 13 of this Decree.

2. Have sports infrastructure and equipment as stipulated in Article 14 of this Decree.

Article 16. Conditions for operating dangerous sports activities by enterprises

Enterprises operating dangerous sports activities listed in the Dangerous Sports Activities Catalogue prescribed by the Minister of Culture, Sports and Tourism must meet the following conditions:

1. Having sufficient specialized staff as stipulated in Article 13 of this Decree, including:

a) Sports training instructors;

b) Rescue personnel;

c) On-site medical personnel or a written agreement with the nearest healthcare facility regarding medical personnel to provide first aid and emergency care for participants in dangerous sports activities when necessary.

2. Have sports infrastructure and equipment as stipulated in Article 14 of this Decree.

Article 17. Conditions for operating water sports activities by enterprises

1. Having rescue personnel.

2. Have sports infrastructure and equipment as stipulated in Article 14 of this Decree.

3. For river, sea, lake, or large stream sports activities, there must be motorized lifeboats.

Chapter IV
ISSUANCE, RENEWAL, REVOCATION OF BUSINESS OPERATING CONDITIONS CERTIFICATE FOR SPORTS ACTIVITIES OF ENTERPRISES

Article 18. Business Operating Conditions Certificate for Sports Activities of Enterprises

1. A Business Fitness Activity Operation Permit (hereinafter referred to as the Permit) shall be implemented according to Model No. 01 attached to this Decree, including the following contents:

a) Name and main office address of the enterprise;

b) Legal representative's name;

c) Location of sports activity business operations;

d) List of sports activities being operated;

đ) Number, date, month, year of issuance; issuing authority of the Business Operating Conditions Certificate.

2. An enterprise may only commence sports activity business operations after obtaining the Business Operating Conditions Certificate for Sports Activities from the competent authority.

Article 19. Application Documents for Issuance of Business Operating Conditions Certificate

Application documents for issuance of the Business Operating Conditions Certificate include:

1. Application form for issuance of the Business Operating Conditions Certificate according to Model No. 02 attached to this Decree.

2. A summary of the preparation of conditions for operating sports activities according to Model No. 03 attached to this Decree (accompanied by a copy of the business registration certificate; copies of certificates and diplomas of specialized staff if they fall under the provisions of Articles 15, 16, and 17 of this Decree).

Article 20. Procedures for Issuance of Business Operating Conditions Certificate

The competent authority on physical culture and sports of the provincial People's Committee (hereinafter referred to as the issuing authority) shall issue a receipt for the submission of application files to the business. In cases where the files need to be amended or supplemented, the issuing authority shall notify the business directly or in writing of the required amendments or supplements within three working days from the date of receiving the files.

2. The inspection of business operation conditions for sports activities of businesses shall be carried out in accordance with Clause b, Article 55 of the Law on Physical Culture and Sports as amended and supplemented in Clause 24, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Physical Culture and Sports.

Article 21. Reissuing the Certificate of Eligibility

1. A business entity shall be reissued the Certificate of Eligibility in one of the following cases:

a) Changing one of the contents of the Certificate of Eligibility as prescribed in points a, c, and d, Clause 1, Article 18 of this Decree;

b) The Certificate of Eligibility being lost or damaged.

2. The application dossier for reissuing the Certificate of Eligibility in the case prescribed in point a, Clause 1 of this Article includes:

a) An application form for reissuance according to Model No. 04 attached to this Decree;

b) The previously issued Certificate of Eligibility;

c) Documents proving the change in the content of the Certificate of Eligibility.

3. The application dossier for reissuing the Certificate of Eligibility in the case prescribed in point b, Clause 1 of this Article includes:

a) An application form for reissuance according to Model No. 04 attached to this Decree;

b) The damaged Certificate of Eligibility in the event of damage.

Article 22. Procedures for Reissuing the Certificate of Eligibility

The issuing authority shall issue a receipt for the submission of application files to the business. In cases where the files need to be amended or supplemented, the issuing authority shall notify the business directly or in writing of the required amendments or supplements within three working days from the date of receiving the files.

2. Within five working days from the date of receiving all required files, the issuing authority shall review the files and reissue the Permit. In cases where the Permit is not reissued, the issuing authority must provide a written response stating the reasons.

Article 23. Revocation of the Certificate of Eligibility

1. Businesses will have their Permit revoked in any of the following circumstances:

a) Providing false information in the application dossier for issuance of the Certificate of Eligibility;

b) Ceasing sports operations.

2. Procedure for revoking the Certificate of Eligibility

a) The procedure for revoking the Certificate of Eligibility in the case prescribed in point a, Clause 1 of this Article shall be carried out as follows:

The authority issuing the Certificate of Eligibility shall issue a Decision on Revocation of the Certificate of Eligibility; and notify the Decision on Revocation to relevant agencies for coordination in implementation.

The business entity must return the previously issued Certificate of Eligibility immediately after the Decision on Revocation takes effect, and cease all sports business activities.

b) The procedure for revoking the Certificate of Eligibility in the case prescribed in point b, Clause 1 of this Article shall be carried out as follows:

Within three working days from the date of ceasing sports operations, the business entity is responsible for returning the Certificate of Eligibility to the authority issuing the Certificate of Eligibility.

Within three working days from the date of receiving the returned Permit, the issuing authority shall issue a Decision to revoke the Permit and notify the relevant authorities to cooperate in implementing the revocation.

Chapter V
IMPLEMENTING PROVISIONS

Article 24. Transitional Provisions

1. Within twelve months from the effective date of this Decree, individual traders and other organizations engaged in dangerous sports activities or sports activities requiring mandatory guidance must meet the business operation conditions stipulated in Clause 25, Article 1 of the Law Amending and Supplementing Certain Provisions of the Law on Physical Culture and Sports and this Decree.

2. Within a maximum period of twenty-four months from the effective date of this Decree, the Minister of Culture, Sports and Tourism shall be responsible for promulgating national technical standards for sports infrastructure and equipment applicable to businesses operating sports activities as stipulated in Article 14 of this Decree.

Regulations regarding infrastructure and equipment for each sport currently in effect before the effective date of this Decree shall continue to apply until national technical standards for infrastructure and equipment for each sport applicable to businesses operating sports activities are promulgated.

Article 25. Effective Date

1. This Decree takes effect from June 14, 2019.

2. The following legal documents shall become invalid from the date this Decree takes effect:

a) Article 11 of Decree No. 112/2007/NĐ-CP dated June 26, 2007 of the Government detailing and guiding the implementation of certain provisions of the Sports Law;

b) Decree No. 106/2016/NĐ-CP dated July 1, 2016 of the Government on conditions for engaging in sports activities;

c) Article 4 of Decree No. 142/2018/NĐ-CP dated October 9, 2018 of the Government amending certain provisions on investment and business conditions under the management of the Ministry of Culture, Sports and Tourism;

d) Decision No. 67/2008/QĐ-TTg dated May 26, 2008 of the Prime Minister on special dietary regulations for high-performance athletes and coaches;

đ) Decision No. 82/2013/QĐ-TTg dated December 31, 2013 of the Prime Minister on special policies for outstanding coaches and athletes.

Article 26. Implementation and Guidance on Enforcement

1. The Ministry of Culture, Sports and Tourism shall implement this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-affiliated agencies, Chairpersons of provincial and central city People's Committees are responsible for implementing this Decree./

 

ANNEX

(Attached to Decree No. 36/2019/NĐ-CP dated April 29, 2019 of the Government)

 

Form No. 01

Front Side:

 

CERTIFICATE OF INSURANCE OR OTHER FINANCIAL SECURITY

Eligible for Business Operation in Sports Activities

1. Name of the business granted the Permit (in capital letters): …

Trading name (if any): …

Abbreviation (if any): …

3. Legal representative's name: …

Telephone: …Fax: …

Website: … Email: …

- Personal identification number/Identity card number

Gender: … Position: …

Date of Birth: …../ …../ ….. Ethnicity: … Nationality: …

Citizen Identification Card number or Identity Card number or Passport number: …

Date of Issue: ……/ …../ ….. Issuing Authority: …

Permanent residence registration place: …

Current address: …

AUTHORITY ISSUING THE CERTIFICATE OF ELIGIBILITY

(Signature, stamp, full name, position)

 

 

Back Side:

1. Not to sell, lease, lend, pawn, alter, or erase any information recorded in the Certificate of Eligibility. If the Certificate of Eligibility is lost, it must be reported immediately to the issuing authority.

2. This Certificate of Eligibility must be kept at the business location or main office address of the enterprise if the enterprise has multiple business locations for sports activities listed in the Certificate of Eligibility; it must be presented when requested by competent authorities.

1. Shall not sell, lease, lend, pledge the Certificate of Eligibility or alter, erase any content recorded in this Certificate of Eligibility. In case of loss of the Certificate of Eligibility, it must be reported immediately to the issuing authority.

2. This Certificate of Eligibility shall be kept at the business location or the main office address of the enterprise if the enterprise has multiple business locations for sports activities mentioned in the Certificate of Eligibility; it must be presented when requested by competent authorities.

Issuance of Certificate of Eligibility for Business Operation in Sports Activities

(Name of authority issuing the Certificate of Eligibility for Business Operation in Sports Activities)

 

Form No. 02

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

PETITION FOR APPLICATION

1. Name of enterprise applying for issuance of the Certificate of Eligibility (written in uppercase letters)

Email: …

1. Name of the enterprise applying for the Certificate of Eligibility (in uppercase letters): …

Trading name (if any): …

Abbreviation (if any): …

2. Business Registration Certificate number: …issued by: …on …month …year …, amended for the …time on …month …year ……

3. Main Office Address: ...

Telephone: …Fax: …

Website: … Email: …

5. Location of business operation in sports activities: …

Gender: … Position: …

Date of Birth: …../…/ …… Ethnicity: … Nationality: …

Citizen Identification Card number or Identity Card number or Passport number: …

Date of Issue: …../ …../ …… Issuing Authority: …

Permanent residence registration place: …

Current address: …

- Strictly comply with laws governing business operation in sports activities.

6. Based on current regulations, request issuance of the Certificate of Eligibility for conducting sports activities for the enterprise …to conduct sports activities …(specify the specific sports activities) as stipulated in Decree No. …/2019/ND-CP dated …month …year 2019 of the Government detailing certain provisions of the Law amending and supplementing certain provisions of the Sports Law.

…, day …… month …… year …..

- Strictly comply with laws governing the operation of sports activities;

- Bear responsibility for the accuracy and truthfulness of the content of the application dossier for the Certificate of Eligibility for conducting sports activities./.

 

 

Implementation Report of Production Projects of Supporting Industry Products Confirmed with Incentives

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

Respectfully submitted to the authority issuing the Certificate of Eligibility for Business Operation in Sports Activities.

Preparation status of business conditions …(specify the specific sports activities)

Respectfully submitted to: Issuing Authority of the Certificate of Eligibility for conducting sports activities.

- Name of the enterprise applying for the Certificate of Eligibility (in uppercase letters):…

- Main office address: ...

Telephone: …Fax: …

Website: …

- Number: …

- Level of expertise of each staff member (meeting the requirements set out in Decree No. …/2019/NĐ-CP dated…month ….. year 2019 of the Government detailing certain provisions of the Law Amending and Supplementing Certain Provisions of the Law on Physical Education and Sports).

1. Professional staff (in cases where professional staff are required according to Decree No. …/2019/ND-CP dated …month …year 2019 of the Government detailing certain provisions of the Law amending and supplementing certain provisions of the Sports Law):

Description of sports facilities, equipment, and business areas (meeting the conditions stipulated in Decree No. …/2019/NĐ-CP dated…month …year 2019 of the Government detailing certain provisions of the Law Amending and Supplementing Certain Provisions of the Law on Physical Education and Sports): …

- Qualifications of each professional staff member (meeting the requirements stipulated in Decree No. …/2019/ND-CP dated …month …year 2019 of the Government detailing certain provisions of the Law amending and supplementing certain provisions of the Sports Law).

- Responsible for the accuracy and truthfulness of the declared content;

Description of physical facilities, sports equipment, business areas (meeting the conditions stipulated in Decree No. …/2019/ND-CP dated …month …year 2019 of the Government detailing certain provisions of the Law amending and supplementing certain provisions of the Sports Law): …

3. Self-determined financial resources ensuring business operations: …

We commit:

Request for Reissuance of Certificate of Eligibility for Business Operation in Sports Activities

1. Name of enterprise requesting reissuance of the Certificate of Eligibility

 

 

Form number 04

SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
---------------

PETITION FOR APPLICATION

:…Date of issue:…Place of issue:…

-------------

Respectfully submitted to: Issuing Authority of the Certificate of Eligibility for conducting sports activities.

1. Name of the enterprise applying for renewal of the Certificate of Eligibility (in uppercase letters): …

Trading name (if any): …

Abbreviation (if any): …

3. Legal representative's name: …

Telephone: …Fax: …

Website: … Email: …

- Personal identification number/Identity card number

Gender: … Position: …

Date of Birth: …/ …../ … Ethnicity: … Nationality: …

Citizen Identification Card number or Identity Card number or Passport number: …

Date of Issue: ……./ …/ … Issuing Authority: …

Permanent residence registration place: …

Current address: …

- Responsible for the accuracy and truthfulness of the content in the application for reissuance of the Certificate of Eligibility for Business Operation in Sports Activities.

day ….. month ….. year ……

6. Based on current regulations, request renewal of the Certificate of Eligibility for conducting sports activities for the enterprise …to conduct sports activities …(specify the specific sports activities) as stipulated in Decree No. …/2019/ND-CP dated …month …year 2019 of the Government detailing certain provisions of the Law amending and supplementing certain provisions of the Sports Law.

…, day …… month …… year …..

- Strictly comply with laws governing the operation of sports activities;

- Bear responsibility for the accuracy and truthfulness of the content of the application dossier for renewal of the Certificate of Eligibility for conducting sports activities./.