Decree No. 37/2012/ND-CP on administrative sanctions for violations in the field of physical education and sports

DECREE

Regulations on Administrative Sanctions for Violations in the Field of Physical Culture and Sports

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

Pursuant to the Law on Physical Culture and Sports dated November 29, 2006;

Based on the Ordinance on Handling Administrative Violations dated July 2, 2002, and the Ordinance Amending and Supplementing Certain Provisions of the Ordinance on Handling Administrative Violations dated April 2, 2008;

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

The Government promulgates this Decree to stipulate regulations on administrative sanctions for violations in the field of physical culture and sports,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

1. This Decree stipulates acts of administrative violation in the field of physical culture and sports; forms of administrative sanction, levels of fines; authority to impose sanctions and measures to remedy consequences.

2. Administrative violations in the field of physical culture and sports are acts violating the provisions of laws on state management in the field of physical culture and sports committed intentionally or negligently by individuals or organizations but not reaching the level requiring criminal prosecution, according to the Ordinance on Handling Administrative Violations and this Decree must be subject to administrative sanctions.

3. Acts of administrative violation in the field of physical culture and sports stipulated in this Decree include:

a) Violating legal provisions regarding prohibited acts in physical culture and sports activities;

b) Violating legal provisions regarding high-performance sports activities;

c) Violating legal provisions regarding physical culture and sports activities, business operations, and services.

4. Other acts of administrative violation in physical culture and sports activities not stipulated in this Decree shall be handled according to the provisions of other Decrees of the Government on administrative sanctions in fields related to state management.

Article 2. Applicability

Vietnamese individuals and organizations, foreign individuals and organizations committing administrative violations in the field of physical culture and sports on the territory of the Socialist Republic of Vietnam shall be dealt with according to the provisions of this Decree.

Article 3. Forms of Administrative Sanctions and Measures to Remedy Consequences

1. Principal forms of administrative penalty:

Individuals and organizations committing administrative violations in the field of physical culture and sports shall be subject to one of the following main forms of administrative sanction:

a) Warning;

b) Fine.

2. Supplementary forms of punishment:

Depending on the nature and degree of violation, individuals and organizations committing administrative violations may also be subject to one or more of the following supplementary forms of punishment:

a) Suspension of the right to use certificates such as Coach Certification and Referee Certification for a certain period;

b) Confiscation of equipment and tools that pose danger to the lives and health of athletes or have pornographic, obscene, or provocative characteristics contrary to national morals and customs.

3. Measures to remedy consequences:

In addition to the main forms of punishment and supplementary punishments prescribed in Clause 1 and 2 of this Article, depending on the nature and degree of violation, individuals and organizations committing administrative violations may also be subject to one or more of the following remedial measures:

a) Compelling the cancellation of selection results for fraudulent achievements in selecting athletes for sports teams, centers, and schools specializing in physical culture and sports;

b) Compelling the cancellation of grading results for improperly awarded athlete grades, coach grades, or referee grades;

c) Compelling the cancellation or removal and bearing all costs for cancellation or removal for violations concerning advertising activities in physical culture and sports.

Chapter II

ACTS OF ADMINISTRATIVE VIOLATION IN THE FIELD OF PHYSICAL CULTURE AND SPORTS, FORMS AND LEVELS OF PENALTY

Section 1

ACTS OF VIOLATING PROHIBITED ACTS IN PHYSICAL CULTURE AND SPORTS ACTIVITIES

Article 4. Prohibited acts of using stimulants in training and sports competitions

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of using prohibited stimulants in training and sports competitions.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of allowing athletes to use prohibited stimulants in training and sports competitions.

Article 5. Prohibited acts of using prohibited methods in training and sports competitions

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of using exercises, sports disciplines, or training and competition methods that have pornographic, obscene, or immoral characteristics contrary to national customs and traditions.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of using exercises, sports disciplines, or training and competition methods that pose a danger to the lives and health of those participating in training and competitions, except those exercises, sports disciplines, and methods permitted by law.

3. Additional forms of punishment:

Seizure of equipment and tools used to commit administrative violations under Paragraphs 1 and 2 of this Article.

Article 6. Fraudulent acts in physical education and sports activities

1. A fine of VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:

a) Fraud in name and age in physical education and sports activities;

b) Fraud in gender in physical education and sports activities;

c) Other fraudulent acts regarding records for selection and participation in sports competitions not covered by Points a and b of this Paragraph.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of enticing or forcing others to commit fraudulent acts concerning records to participate in physical education and sports activities.

3. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of falsifying the results of sports competitions.

4. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of committing fraudulent acts concerning achievements to select individuals for sports teams, centers, and schools of excellence in physical education and sports.

5. Measures to remedy consequences:

The results of the selection must be nullified for violations under Paragraph 4 of this Article.

Article 7. Violent acts in physical education and sports activities

1. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for any of the following acts: threatening to infringe upon the health, reputation, or privacy of athletes, referees, members of the organizing committee, persons performing official duties, coaches, or team leaders; threatening to or actually infringing upon the honor and dignity of athletes, referees, members of the organizing committee, persons performing official duties, coaches, or team leaders.

2. A fine of from VND 30,000,000 to VND 40,000,000 shall be imposed for any of the following acts: assaulting athletes, referees, members of the organizing committee, persons performing official duties, coaches, or team leaders.

3. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following acts:

a) Playing violently or causing injuries, adversely affecting the health of other athletes during training or sports competitions contrary to the rules of each sport;

b) Engaging in aggressive behavior or inciting groups of people to engage in aggressive behavior affecting the activities and sports competitions.

4. A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed for intentionally causing injury to referees during sports competitions.

Article 8. Acts obstructing physical education and sports activities

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for intentionally obstructing lawful physical education and sports activities of organizations and individuals.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for failing to ensure conditions regarding facilities and equipment for training and sports competitions.

Section 2

VIOLATIONS IN HIGH PERFORMANCE SPORTS ACTIVITIES

Article 9. Acts violating the rights and obligations of high-performance athletes during training and competition

1. A fine of from VND 1,000,000 to VND 5,000,000 shall be imposed for any of the following acts:

a) Not implementing the training program or exercises prescribed by the coach;

b) Not complying with the regulations of the sports competition law and the rules of the sports competition.

2. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Not providing timely first aid or emergency care for athletes;

b) Not having or not having sufficient equipment to ensure safety for athletes during training and competition.

3. A fine of from VND 7,000,000 to VND 10,000,000 shall be imposed for the act of not paying or paying incorrectly the special dietary allowance, remuneration, bonuses, and other benefits of athletes.

Article 10. Acts violating the rights and obligations of high-performance sports coaches during training and competition

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of not establishing or not implementing the training plan, program, or lesson plan.

2. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Not complying with the regulations of the sports competition law and the rules of the sports competition;

b) Not implementing measures to ensure safety for athletes.

3. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of not paying or paying incorrectly the bonuses and other benefits according to the law for coaches who have trained athletes to achieve outstanding results in national and international sports competitions.

4. Additional forms of administrative punishment:

Revocation of the Coach Certification for twelve months for the violation stipulated in Clause 2 of this Article.

Article 11. Acts violating the rights and obligations of high-performance sports referees

1. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of violating the regulations of the sports competition law and the rules of the sports competition.

2. A fine of from VND 15,000,000 to VND 20,000,000 shall be imposed for the act of not paying or paying incorrectly the remuneration according to the law for high-performance sports referees.

3. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of being dishonest and impartial in managing sports competitions.

4. Additional forms of administrative punishment:

Revocation of the Referee Certification for twelve months for the violations stipulated in Clause 1 and 3 of this Article.

Article 12. Acts violating the selection of athletes to join the national sports team

1. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of not selecting athletes for the national sports team who meet the legal requirements.

2. A fine of from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of selecting athletes for the national sports team who do not meet the legal requirements.

3. Measures to remedy consequences:

The selection result and decision must be annulled for the violation stipulated in Clause 2 of this Article.

Article 13. Acts violating the regulations on awarding ranks to athletes, coaches, and referees in high-performance sports

1. A fine of from VND 3,000,000 to VND 5,000,000 shall be imposed for the act of improperly awarding ranks to athletes according to the law.

2. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for the act of improperly awarding ranks to coaches and referees according to the law.

3. Measures to remedy consequences:

The rank awarding results must be annulled for the violations stipulated in Clause 1 and 2 of this Article.

Section 3

VIOLATIONS IN SPORTS AND FITNESS SERVICES OPERATIONS AND BUSINESS ACTIVITIES

Article 14. Acts violating regulations on certificates of fitness for sports activities

A fine of from five million to ten million Vietnamese dong shall be imposed on acts organizing sports activities, business operations, and services without a certificate of fitness for sports activities.

Article 15. Acts violating conditions regarding infrastructure and operational areas of sports activities, business operations, and services

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Not having rules and regulations boards, guidance boards, flags, mooring buoys, markers;

b) Not having changing rooms, clothing storage areas, restrooms, parking spaces;

c) Not ensuring appropriate design, color, flatness, slipperiness according to the requirements of each sport as prescribed by law;

d) Not ensuring sound and lighting conditions according to standards for each sport as prescribed by law.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) The location does not meet the area requirements as prescribed by law;

b) Not ensuring the ground surface, floor size, dimensions, depth, slope, curvature, height, and coverings suitable for each sport as prescribed by law;

c) Not ensuring water quality standards for swimming pools as prescribed by law;

d) Not ensuring participant density standards during training sessions as prescribed by law;

đ) Not ensuring the required distances between equipment and facilities as prescribed by law.

3. A fine of from five million to seven million Vietnamese dong shall be imposed on any of the following acts:

a) Not ensuring operational areas for sports that require specific operational areas as prescribed by law;

b) Mooring sites for sports activity vessels do not comply with approved planning schemes by competent state authorities;

c) Not having a system to collect waste oil from vessels participating in marine sports activities;

d) Entry and exit locations for each mooring site do not comply with legal provisions;

đ) Not ensuring other infrastructure conditions for sports service activities as prescribed by law.

Article 16. Acts violating regulations on equipment and means of transport for each sport

A fine of from one million to three million Vietnamese dong shall be imposed on any of the following acts:

1. Using equipment, facilities, and means of transport that do not meet the requirements regarding size, design, model, power, and usage capacity as prescribed by law.

2. Using equipment, facilities, and means of transport without registration certificates, safety technical inspection certificates, and standard measurement quality certificates as prescribed by law for each sport.

Article 17. Acts violating regulations on coaches and specialized staff

A fine of from one million to three million Vietnamese dong shall be imposed on any of the following acts:

1. Not having or not having enough coaches and specialized staff as prescribed by law.

2. Using specialized staff who do not meet health requirements as prescribed by law.

3. Using coaches and specialized staff without professional qualifications and certificates as prescribed by law.

Article 18. Acts violating regulations on medical work in sports activities and services

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Not having a first aid cabinet, medicines according to the list, and first aid procedures as prescribed by law;

b) Not having or not having enough first aid equipment and devices as prescribed by law;

c) Not having a medical duty room.

2. A fine of from three million to five million Vietnamese dong shall be imposed on using medical personnel who do not meet the requirements for sports medicine certificates issued by competent authorities.

3. A fine of from five million to seven million Vietnamese dong shall be imposed on any of the following acts:

a) Not having medical personnel as prescribed by law;

b) Not having on-duty medical personnel when there are participants in sports activities.

Article 9. Acts violating regulations on rescue operations and ensuring safety

1. A fine of VND 1,000,000 to VND 3,000,000 shall be imposed for any of the following acts:

a) Not having or not having sufficient warning signs, signal lights, or danger zone notices, prohibition boards, or advisory boards as prescribed by law;

b) Not having or not having sufficient lifebuoys or life jackets as prescribed by law for water sports activities;

c) Not ensuring communication conditions for rescue safety as prescribed by law;

d) Not having observation stations serving rescue operations as prescribed by law;

đ) Not ensuring other conditions regarding facilities, equipment, and tools for rescue operations as prescribed by law;

e) Rescue personnel not having professional certificates as prescribed by law;

g) Rescue personnel not meeting health requirements as prescribed by law.

2. A fine of VND 3,000,000 to VND 5,000,000 shall be imposed on any of the following acts:

a) Not having or not having sufficient rescue personnel;

b) Not having permanent rescue personnel when there are people participating in physical exercise or sports activities.

Article 20. Acts violating advertising activities in physical exercise and sports activities

||| 1. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for any of the following acts:

a) Placing advertisements that obstruct national flags, emblems, consular images, or technical guidance boards;

b) Placing advertisements that affect physical exercise and sports activities;

c) Placing advertisements that obstruct the view of spectators;

2. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Using images of athletes during the period they are being pursued for criminal responsibility for advertising purposes;

b) Advertising prohibited sports;

c) Advertising prohibited training methods;

d) Advertising contrary to the rules and competition laws of each sport;

3. Measures to remedy consequences:

Compelled to remove or dismantle and bear all costs for removal or dismantling for acts violating the provisions of Clauses 1 and 2 of this Article.

Article 21. Acts of illegally obstructing state management inspection and supervision activities

1. A fine of VND 3,000,000 to VND 5,000,000 for the act of refusing to accept inspection and supervision decisions, enforcement decisions, or administrative penalty decisions.

2. A fine of from VND 5,000,000 to VND 7,000,000 shall be imposed for any of the following acts:

a) Not declaring or declaring inaccurately or not within the deadline as required by law enforcement officers or competent state management agencies;

b) Not providing or not providing sufficient information or documents related to inspections, supervision, and administrative penalties as required by law enforcement officers or competent state agencies;

c) Obstructing the work of inspection and supervision teams;

d) Making threatening, insulting, or defaming statements against those performing inspection, supervision, or violation handling duties.

3. A fine of VND 7,000,000 to VND 10,000,000 for any of the following acts:

a) Delaying or evading the execution of administrative decisions, inspection, or supervision decisions made by authorized persons or agencies;

b) Removing seals from evidence, means of violation, or arbitrarily changing the scene of administrative violations;

c) Concealing, altering, or substituting evidence under inspection, supervision, or temporary detention.

4. Additional forms of administrative punishment:

Confiscation of means used to commit administrative violations for acts violating the provisions of Point b and c Clause 3 of this Article.

Chapter III

AUTHORITY TO ISSUE ADMINISTRATIVE VIOLATION DECISIONS AND VIOLATION RECORDS

Article 22. Competence to impose administrative penalties of the Cultural, Sports, and Tourism Inspectorate

1. Cultural, Sports, and Tourism Inspectors performing official duties have the authority:

a) To issue warnings;

b) Impose a fine up to 500,000 VND;

c) To confiscate means used to commit administrative violations with a value up to VND 2,000,000;

d) To exercise the rights prescribed in Point 1 Clause 19 Article 1 of the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations in 2008.

2. The Director of the Cultural, Sports, and Tourism Inspectorate has the authority:

a) To issue warnings;

b) Impose fines up to thirty million dong;

c) To revoke the right to use licenses or professional certificates within their jurisdiction;

d) Confiscate objects and means used to commit administrative violations;

đ) To apply measures to mitigate consequences as prescribed in Clause 3 Article 3 of this Decree;

e) To exercise the rights prescribed in Point 1 Clause 19 Article 1 of the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations in 2008.

3. The Director of the Ministry of Culture, Sports, and Tourism Inspectorate has the authority:

a) To issue warnings;

b) To impose fines up to the maximum level for the field of physical exercise and sports as prescribed in this Decree;

c) To revoke the right to use licenses or professional certificates within their jurisdiction;

d) Confiscate objects and means used to commit administrative violations;

đ) To apply measures to mitigate consequences as prescribed in Clause 3 Article 3 of this Decree;

e) To exercise the rights prescribed in Point 1 Clause 19 Article 1 of the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations in 2008.

4. The Director of the Ministry of Culture, Sports, and Tourism Inspectorate exercises the authority to impose administrative penalties in the field of physical exercise and sports against organizations, institutions, and individuals nationwide.

5. The Director of the Provincial Department of Culture, Sports, and Tourism Inspectorate exercises the authority to impose administrative penalties in the field of physical exercise and sports against organizations, institutions, and individuals under the provincial People's Committee's state management scope; exercising the authority to impose administrative penalties against central and local organizations and individuals operating physical exercise and sports activities in their locality.

Article 23. Competence to impose penalties of other sector inspectors

Within the scope of state management competence prescribed by the Government, inspectors and heads of specialized inspection agencies have the authority to impose penalties for administrative violations in the field of physical education and sports as stipulated in this Decree within their respective fields of state management.

Article 24. Competence to impose penalties of People's Committees at all levels

Chairpersons of People's Committees at all levels have the authority to impose penalties according to the competence prescribed in Clause 4 and 5 of Article 1 of the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations 2008, and Article 30 of the Ordinance on Handling Administrative Violations 2002 amended by the Ordinance amending certain articles of the Ordinance on Handling Administrative Violations 2008, within the territorial area under their management, for administrative violations in the field of physical education and sports as stipulated in this Decree.

Article 25. Competence to impose penalties of the People's Public Security, Border Guard, Coast Guard, Customs, Tax Administration, Market Management Agencies

The People's Public Security, Border Guard, Coast Guard, Customs, Tax Administration, and Market Management Agencies have the authority to impose penalties according to the competence prescribed in Clauses 6, 7, 8, 9, and 11 of Article 1 of the Ordinance amending and supplementing certain articles of the Ordinance on Handling Administrative Violations 2008, and Article 37 of the Ordinance on Handling Administrative Violations 2002 for administrative violations in the field of physical education and sports directly related to their respective fields of management as stipulated in this Decree.

Article 26. Issuance of model records and penalty decision forms

This Decree shall issue accompanying models of records and decisions to be used in imposing administrative penalties in the field of physical education and sports.

Chapter IV

IMPLEMENTING PROVISIONS

Article 27. Effective Date

This Decree takes effect from June 20, 2012. This Decree replaces Decree No. 141/2004/NĐ-CP dated July 1, 2004 of the Government on administrative penalties in the field of physical education and sports.

Article 28. Responsibility for Implementation

The Ministers, Heads of ministerial-level agencies, Heads of government-attached agencies, Chairpersons of provincial People's Committees under the central city shall be responsible for implementing this Decree./.