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GOVERNMENT OF
VIETNAM
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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No. 36/2019/ND-CP
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Hanoi, April 29,
2019
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DECREE
ON
ELABORATION ON SOME ARTICLES OF THE LAW ON AMENDMENTS TO THE LAW ON PHYSICAL
TRAINING AND SPORTS
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Law on amendments to the Law on
Physical Training and Sports dated June 14, 2018;
Pursuant to the Law on Investment dated November
26, 2014;
Pursuant to Law on amendments to Article 6 and
Appendix 4 on the List of conditional business lines prescribed in the Law on
Investment No. 67/2014/QH13;
At the request of the Minister of Culture,
Sports and Tourism;
The Government promulgates the Decree on
elaboration on some articles of the Law on amendments to the Law on Physical
Training and Sports.
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GENERAL REGULATIONS
Article 1. Scope
This Decree promulgates the elaboration on some articles
of the Law on amendments to the Law on Physical Training and Sports regarding
the following matters:
1. Benefits and policies for implementation of the
rights of athletes and coaches participating in high-performance sports.
2. Business conditions for professional sports
clubs conducting sports activities.
3. Business conditions for enterprises conducting
sports activities.
Article 2. Regulated entities
1. Vietnamese individuals and organizations;
foreign individuals and organizations engaging in physical training and sports
activities within the territory of Vietnam.
2. State management authorities related to physical
training and sports; other organizations and individuals related to physical
training and sports.
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BENEFITS AND POLICIES FOR
IMPLEMENTATION OF THE RIGHTS OF ATHLETES AND COACHES PARTICIPATING IN
HIGH-PERFORMANCE SPORTS
Article 3. Healthcare and
injury treatment
1. The superior units of high-performance athletes
are responsible for:
a) Conducting initial health check-ups for athletes
immediately upon selection into training centers and sports teams;
b) Conducting periodic health check-ups for
athletes at least twice a year;
c) Conducting health check-ups for athletes before
participating in high-performance sports competitions.
2. The health check-ups for athletes prescribed in
points a and b, clause 1 of this Article include the following content:
a) Check-up and evaluation regarding fitness;
b) Check-up and evaluation regarding body
morphology;
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d) Check-up and evaluation regarding biomedicine.
3. The content of health check-ups for athletes
prescribed in point c, clause 1 of this Article shall comply with the law.
4. High-performance athletes are eligible for
healthcare, functional rehabilitation and injury treatment at domestic medical
facilities.
In special cases, the Minister of Culture, Sports
and Tourism may allow high-performance athletes who are summoned for training
with the national sports teams for participation and have the potential to win
medals at the Asian Games (hereinafter referred to as ASIAD), the Olympic
Games; and athletes participating in the World Paralympic Games (hereinafter
referred to as the Paralympic Games) to receive injury treatment abroad.
Article 4. Specialized diet
plans
1. High-performance athletes are entitled to a
specialized diet plan to ensure adequate nutritional intake necessary for their
high-performance sports training and competition activities including:
a) Daily meals;
b) Functional foods.
2. High-performance sports coaches are entitled to
the benefit prescribed in point a, clause 1 of this Article.
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4. High-performance coaches and athletes who are
summoned to the national sports teams to prepare for the Southeast Asian Games
(hereinafter referred to as SEA Games), ASIAD, and the Olympic Games are
entitled to a diet plan up to 50% higher than the level prescribed in clause 1
of this Article for a period not exceeding 90 days.
5. High-performance coaches and athletes who are
summoned to the national sports teams; have the potential to win a gold medal
at the ASIAD, win a gold medal at the Youth Olympic Games; have the potential
to qualify for the Olympic Games, as well as coaches and athletes participating
in the Paralympic Games are entitled to a diet plan up to 100% higher 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 benefit prescribed in
this clause.
6. High-performance athletes who are summoned to
the national sports teams; have the potential to win medals at the ASIAD;
participate in the qualifying rounds and the Olympic Games, as well as athletes
participating in the Paralympic Games are entitled to functional food benefit
in accordance with specific characteristics of each sport as prescribed by the
Minister of Culture, Sports and Tourism.
7. Coaches and athletes upon training abroad are
entitled to daily meal benefit in accordance with the invitation letter or the
contract signed between the domestic athlete management agency and the foreign
training facility.
8. When market prices fluctuate by 10% or more in
accordance with the announcement of the General Statistics Office, the Ministry
of Finance shall take the charge and cooperate with the Ministry of Culture,
Sports and Tourism in reaching an agreement on adjusting the expenditure level
to appropriately implement the diet plan.
9. The Ministry of Finance shall take charge and
cooperate with the Ministry of Culture, Sports and Tourism in regulating
detailed specialized diet plan for coaches and athletes as prescribed in this
Article.
Article 5. Assurance of general
education and political education
1. Athletes who are studying at educational
institutions or vocational education institutions and are summoned to the
national sports teams, sports teams of provinces and cities, or sectoral sports
teams for training and competition shall have their tuition fees paid by the
superior units in accordance with the law.
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3. The superior units of athletes are responsible
for:
a) Organize provision of supplementary general
education knowledge for high-performance athletes after they participate in
training and competitions at domestic and international sports events; cover
expenses related to organization of these classes for the athletes;
b) Regularly educate and disseminate the tradition
of patriotism and national pride; provide information and promote awareness
about the domestic and international political, economic and social situation,
as well as the activities of the sector to coaches and athletes;
c) Encourage and create favorable conditions for
coaches and athletes to study foreign languages and information technology; and
to participate in cultural, artistic and social activities.
Article 6. Preferential
treatment regarding professional training and development
Athletes and coaches of the national sports teams
who have graduated from upper secondary school and have been confirmed by the
Ministry of Culture, Sports and Tourism to have completed their duties
participating in the Olympic Games, World Championships, World Cup, ASIAD,
Asian Championships, Asian Cup, SEA Games, Southeast Asian Championships and
Southeast Asian Cup are prioritized for the following preferential treatment:
1. Direct admission to majors related to sports or
physical education at universities and colleges.
2. Participation in domestic and international
training courses for coaches and professional skill development.
3. Consideration for exemption and reduction of
tuition fees; support for study expenses in accordance with the law.
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1. If national sports team athletes, as well as
athletes of sports teams of provinces and cities, or sectoral sports teams have
the need for vocational training and meet the conditions for receiving
vocational training support after retiring from their athletic careers, they
shall be provided vocational training support in accordance with Decree No.
61/2015/ND-CP dated July 9, 2015 of the Government on policies for employment
support and the National Employment Fund.
2. Athletes who win medals at the Olympic Games,
ASIAD and SEA Games are prioritized for the following preferential treatment:
a) Consideration for direct recruitment to work at
public sports facilities in positions suitable for the job vacancies;
b) Receive priority points in recruitment at sports
facilities when meeting the required professional qualifications and
competencies for the job vacancies;
c) Receive 100% of the salary and allowances for
the titles corresponding to the job vacancies during the probation period.
Article 8. Other benefits
The benefits regarding salaries; training and
competition allowances; social insurance; health insurance; unemployment
insurance; occupational accident and disease insurance; insurance during
training and competition abroad; and performance-based bonuses for coaches and
high-performance athletes during periods of training and competition shall
comply with Government’s Decree No. 152/2018/ND-CP dated November 7, 2018 on
benefits for coaches and athletes during periods of training and competition.
Chapter III
BUSINESS CONDITIONS FOR
PROFESSIONAL SPORTS CLUBS AND ENTERPRISES CONDUCTING SPORTS ACTIVITIES
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Article 9. Professional coach
A professional coach shall satisfy one of the
following conditions:
1. Hold a sports-related bachelor’s degree suitable
to the professional sport activity and have completed the training program for
professional coach of the national sports federation.
2. Hold a professional coach certificate issued by
the continental or international sports federation of the professional sport.
3. Hold a professional coach certificate issued by
a foreign country and recognized by the continental or international sports
federation of the professional sport.
Article 10. Professional
athlete
A professional athlete shall satisfy one of the
following conditions:
1. Have an employment contract with a professional
sports club.
2. Be recognized as a professional athlete by the
national sports federation. 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 labor law.
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Medical staff who are regularly present during
professional sports training sessions and competitions, or medical staff from
healthcare facilities contracted by professional sports clubs to provide first
aid and emergency care for participants in professional sports activities must
hold the degree of associate in health.
Article 12. Facilities and
equipment
Facilities and equipment for professional sports
training and competition shall satisfy national technical regulations,
Vietnamese standards, or international standards; and comply with the
regulations of international professional sports organizations.
Section 2. BUSINESS CONDITIONS
FOR ENTERPRISES CONDUCTING SPORTS ACTIVITIES
Article 13. Professional staff
Professional staff of an enterprise engaging in
sports business includes:
1. A sports trainer shall satisfy one of the
following conditions:
a) Be a coach or an athlete with a rank of level 2
or higher, or an equivalent rank suitable for the registered sports activity;
b) Hold a diploma in physical education and sports
at intermediate level or higher, and suitable for the registered sports
activity;
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2. Lifeguard.
3. Medical staff.
Article 14. Facilities and
equipment
Enterprises engaging in sports business must have
facilities and sports equipment that meet the national technical regulations
issued by the Minister of Culture, Sports and Tourism.
Article 15. Business
conditions for enterprises conducting sports activities with trainers
Enterprises conducting business that provide sports
training services or sports activities in the List of sports activities
requiring trainers as prescribed by the Minister of Culture, Sports and Tourism
shall satisfy the following conditions:
1. a) Having trainers as prescribed in clause 1,
Article 13 of this Decree;
2. a) Having facilities and equipment as prescribed
in Article 14 of this Decree.
Article 16. Business
conditions for enterprises conducting extreme sports activities
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1. Having sufficient professional staff as
prescribed in Article 13 of this Decree including:
a) Sport trainers;
b) Lifeguard;
c) Permanent medical staff or medical staff as in
written agreement with the nearest medical facility for first aid and emergency
care of participants in extreme sports activities (if necessary).
2. Having facilities and equipment as prescribed in
Article 14 of this Decree.
Article 17. Business
conditions for enterprises conducting underwater sports activities
1. Having lifeguard.
2. Having facilities and equipment as prescribed in
Article 14 of this Decree.
3. Having motor lifeboat for sports activities
on/in/under rivers, the sea, lakes or big streams.
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ISSUANCE, RE-ISSUANCE OR
REVOCATION OF CERTIFICATE OF ELIGIBILITY FOR SPORTS BUISNESS ACTIVITIES OF
ENTERPRISES
Article 18. Certificate of
eligibility for sports business activities of enterprise
1. Certificate of eligibility for sports business
activities of enterprise (hereinafter referred to as Certificate of
eligibility) shall comply with Form No. 01 in Appendix attached to this Decree
including the following content:
a) Name and headquarters of the enterprise;
b) Full name of the legal representative;
c) Location of sports business operation;
d) List of sports business activities;
dd) Date of issuance; authority issuing the
Certificate of eligibility.
2. Enterprises are only allowed to conduct sports
business activities after obtaining a Certificate of eligibility issued by the
competent authority.
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The application for issuance of Certificate of
eligibility includes:
1. A request for issuance of Certificate of
eligibility using Form No. 02 in Appendix attached to this Decree.
2. Summary report on the preparation of conditions
for conducting sports business activities using Form No. 03 in the Appendix
attached to this Decree (with a copy of the Business Registration Certificate;
copies of diplomas, certificates and professional certificates of professional
staff for cases prescribed in Articles 15, 16 and 17 of this Decree).
Article 20. Procedures for
issuance of Certificate of eligibility
1. The enterprise shall submit one set of
application to the physical training and sports authority under the
province-level People's Committee where the sports business location is
registered, or to the authority where the enterprise’s headquarters is located
in case the enterprise has multiple business locations.
The physical training and sports authority under
the province-level People's Committee (hereinafter referred to as the authority
issuing Certificate of eligibility) shall issue a note of receipt to the
applicant. If the application requires amendment or supplementation, the
authority issuing Certificate of eligibility shall notify the enterprise in
person or in writing of the required amendments within 03 working days from the
receipt of the application.
2. The inspection of the conditions for conducting
sports business activities of enterprises shall comply with point b, clause 2,
Article 55 of the Law on Physical Training and Sports (amended by clause 24,
Article 1 of the Law on amendments to the Law on Physical Training and Sports).
3. The receipt of application and return of result
shall be carried out at the office of the Certificate of eligibility, by post
or online.
Article 21. Re-issuance of
Certificate of eligibility
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a) There are changes to content prescribed in
points a, c and d, clause 1, Article 18 of this Decree;
b) The Certificate of eligibility is lost or
damaged.
2. The application for re-issuance of Certificate
of eligibility in cases prescribed in point a, clause 1 of this Article
includes:
a) A request for re-issuance of Certificate of
eligibility using Form No. 04 in Appendix attached to this Decree;
b) The issued Certificate of eligibility;
c) Documents proving the changes to the content of
the Certificate of eligibility.
3. The application for re-issuance of Certificate
of eligibility in cases prescribed in point b, clause 1 of this Article
includes:
a) A request for re-issuance of Certificate of
eligibility using Form No. 04 in Appendix attached to this Decree;
b) The damaged Certificate of eligibility.
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1. The enterprise shall submit one set of
application to the authority issuing Certificate of eligibility where the
sports business location is registered, or where the enterprise’s headquarters
is located in case the enterprise has multiple business locations.
The authority issuing Certificate of eligibility
shall issue a note of receipt to the applicant. If the application requires
amendment or supplementation, the authority issuing Certificate of eligibility
shall notify the enterprise in person or in writing of the required amendments
within 03 working days from the receipt of the application.
2. Within 05 working days from the receipt of the
valid application, the authority issuing Certificate of eligibility shall
appraise the application and re-issue the Certificate of eligibility. In case
where it is not eligible for re-issuance, the authority issuing Certificate of
eligibility shall make response stating reasons in writing.
3. The receipt of application and return of result
shall be carried out at the office of the Certificate of eligibility, by post
or online.
Article 23. Revocation of
Certificate of eligibility
1. Enterprises shall have their Certificate of
eligibility revoked in one of the following cases:
a) The enterprise provides false information in the
application for issuance of Certificate of eligibility;
b) The enterprise terminates its sports business
activities.
2. Procedures for revocation of Certificate of
eligibility
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The authority issuing Certificate of eligibility
shall issue the Decision on revocation of Certificate of eligibility; and
notify the Decision to relevant authorities for implementation.
The enterprise shall return the issued Certificate
of eligibility and terminate all sports business activities after the Decision
on revocation takes effect.
b) Procedures for revocation of Certificate of
eligibility in cases prescribed in point b, clause 1 of this Article:
Within 03 working days from the termination of
sports business activities, the enterprise shall return the Certificate of
eligibility to the issuing authority.
Within 03 working days from the receipt of the
Certificate of eligibility returned by the enterprise, the issuing authority shall
issue the Decision on revocation; and notify the Decision to the relevant
authorities for implementation.
Chapter V
IMPLEMENTATION CLAUSE
Article 24. Transitional
provisions
1. Within 12 months from the effective date of this
Decree, business household and other organizations conducting business in
extreme sports and sports activities with trainers shall satisfy all business
conditions prescribed in clause 25, Article 1 of the Law on amendments to the
Law on Physical Training and Sports, and this Decree.
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Effective regulations on facilities and equipment
for each sport before the effective date of this Decree shall be carried out
until the national technical regulations on facilities and equipment for each
sport for enterprises conducting sports business activities are issued.
Article 25. Effect
1. This Decree comes into force from June 14, 2019.
2. The following legislative documents shall cease
to be effective from the effective date of this Decree:
a) Article 11 of Decree No. 112/2007/ND-CP dated
June 26, 2007 of the Government elaborating the implementation of some articles
of the Law on Physical Training and Sports;
b) Decree No. 106/2016/ND-CP dated July 01, 2016 of
the Government on conditions for sports business;
c) Article 4 of Decree No. 142/2018/ND-CP dated
October 09, 2018 of the Government on amendments to regulations on conditions
for business investment under the state management of the Ministry of Culture,
Sports and Tourism;
d) Decision No. 67/2008/QD-TTg dated May 26, 2008
of the Prime Minister on specialized diet plan for high-performance athletes
and coaches;
dd) Decision No. 82/2013/QD-TTg dated December 31,
2013 of the Prime Minister on specialized policies for excellent athletes and
coaches;
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1. The Ministry of Culture, Sports and Tourism is
responsible for implementing this Decree.
2. Ministers; Heads of ministerial authorities;
Heads of Governmental authorities; Presidents of People's Committees of
provinces and cities are responsible for implementing this Decree./
ON THE BEHALF
OF THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc
APPENDIX
(Attached to
Decree No. 36/2019/ND-CP dated April 29, 2019 of the Government)
Form No. 01
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Form No. 02
Application for issuance of Certificate of
eligibility for sports business activities
Form No. 03
Summary report on the preparation of conditions
for conducting sports business activities
Form No. 04
Application for re-issuance of Certificate of
eligibility for sports business activities
Form
No. 01
Front page:
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THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
Date:
/GCN…..
…….(place of
issuance), date……………………..
CERTIFICATE OF ELIGIBILITY FOR SPORTS BUSINESS
ACTIVITIES
1. Name of the enterprise granted Certificate of
eligibility (capital letters): ………………………………………………………………………………………………………
Transaction name (if any):
………………………………………………………………………
Abbreviated name (if any):
………………………………………………………………………
2. Address of headquarters:
…………………………………………………………………….
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Website: …………………………. Email: ……………………………………………………….
3. Full name of the legal representative:
………………………………………………………
Gender: ……………………………. Title: ……………………………………………..
Date of birth: …../ …../ ….. Ethnicity: ………….
Nationality: …………………………………
Number of Citizen identity card/Identity
card/Passport: ………………….
Date of issuance: ……/ …../ ….. Place of issuance:
………………………………………………………………
Place of permanent residence:
……………………………………………………………….
Current place of residence:
………………………………………………………………………
4. Business location: ………………………………………………………………………….
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ISSUED BY
(Signature, seal, full name, title)
Back page:
REGULATIONS
The enterprise shall comply with the following
regulations while conducting sports business activities:
1. It is prohibited to sell, lease, lend, or
mortgage the Certificate of eligibility; alter, erase, or amend any content in
this Certificate. In case the Certificate is lost, immediately report to the
issuing authority.
2. This Certificate shall be kept at the business
location or at the enterprise’s headquarter in case where the enterprise has
multiple business locations as prescribed in the Certificate. It shall be
presented at the request of competent authorities.
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4. Upon termination of sports business activities,
the enterprise shall notify and return this Certificate to the issuing authority.
Form
No. 02
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
---------------
APPLICATION
Issuance of Certificate of eligibility for
sports business activities
To: (Name of the
authority issuing the Certificate of eligibility for sports business
activities)
1. Name of the enterprise applying for issuance of
Certificate of eligibility (capital letters):
……………………………………………………………………………………………………….
Transaction name (if any):
…………………………………………………………………………
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2. Number of Business Registration Certificate:
...... issued by: ………. issued on ..........................................,
with the ……. amendment on …………………
3. Address of headquarters:
………………………………………………………………………
Phone number: …………………….Fax: …………………………………………………………
Website: ………………………..Email: ……………………………………………………………
4. Full name of the legal representative:
………………………………………………………..
Gender: ………………………..Title: …………………………………………………….
Date of birth: …../...../ …… Ethnicity:
………….Nationality: ……………………………………
Number of Citizen identity card/Identity
card/Passport: ……………………
Date of issuance: …../ …../ ….. Place of issuance:
………………………………………………………………...
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Current place of residence: …………………………………………………………………………
5. Location of sports business operation:
…………………………………………………….
6. Based on the applicable regulations, we would
like to apply for the issuance of the Certificate of eligibility for sports
business activities for (enterprise name) for conducting (names of sports
business activities) in accordance with Decree No. ………/2019/ND-CP dated ……….,
2019 of the Government on elaboration on the Law on amendments to some articles
of the Law on Physical Training and Sports.
7. We commit to carry out the following matters:
- Strictly comply with regulations on sports
business activities as prescribed by law;
- Take responsibility for the accuracy and
truthfulness of the content of the application for the issuance of the
Certificate of eligibility for sports business activities./.
……….,
date....................................
LEGAL REPRESENTATIVE OF THE ENTERPRISE
(Signature, seal, full name, title)
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Form
No. 03
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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SUMMARY REPORT
On the preparation of conditions for conducting
(names of sports business activities)
To: (Name of
the authority issuing the Certificate of eligibility for sports business
activities)
- Name of the enterprise applying for issuance of
Certificate of eligibility (capital letters):
………………………………………………………………………………………………..
- Address of headquarters:
……………………………………………………………………
Phone number: …………………….Fax: ……………………………………………………..
Website: …………………………………………………………………………………………
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Below is the summary of the preparation of
conditions for conducting (names of sports business activities) of (name of the
enterprise applying for the Certificate of eligibility for sports business
activities):
1. Professional staff (in case it is required to
have professional staff as prescribed in Decree No…………./2019/ND-CP dated ………….,
2019 of the Government on elaboration on the Law on amendments to some articles
of the Law on Physical Training and Sports):
- Quantity: ………………………………………………………………………………………..
- Professional qualification of each staff (in
accordance with Decree No…………./2019/ND-CP dated …………., 2019 of the Government
on elaboration on the Law on amendments to some articles of the Law on Physical
Training and Sports).
2. Facilities, sports equipment and business area:
Description of facilities, sports equipment and
business area (in accordance with Decree No…………./2019/ND-CP dated …………., 2019
of the Government on elaboration on the Law on amendments to some articles of
the Law on Physical Training and Sports): ……………..
3. Financial sources for business activities:
……………………………..
We commit to carry out the following matters:
- Take responsibility for the accuracy and
truthfulness of the summary;
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APPLIED BY
(Signature, seal, full name, title)
Form
No. 04
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom – Happiness
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APPLICATION
Re-issuance of Certificate of eligibility for
sports business activities
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1. Name of the enterprise applying for issuance of
Certificate of eligibility (capital letters):
………………………………………………………………………………………………………
Transaction name (if any):
…………………………………………………………………………
Abbreviated name (if any):
…………………………………………………………………………
2. Address of headquarters:
………………………………………………………………………..
Phone number: ………………………………. Fax: ………………………………………………
Website: ………………………..Email: …………………………………………
3. Full name of the legal representative:
……………………………………………………….
Gender: ………………………..Title: …………………………………………………
Date of birth: ….../ …../ …….. Ethnicity: ……………..
Nationality: ……………………………
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Date of issuance: ……./ …../ ….. Place of issuance:
…………………………………………
Place of permanent residence: …………………………………………………………………
Current place of residence:
…………………………………………………………………………
4. Number of Business Registration Certificate:
………..Issued by: …………….issued on ..........................................,
with the ……. amendment on …………………
5. Reason for re-issuance: ……………………………………………………………………………
6. Based on the applicable regulations, we would
like to apply for the re-issuance of the Certificate of eligibility for sports
business activities for (enterprise name) for conducting (names of sports business
activities) in accordance with Decree No. ………/2019/ND-CP dated ………., 2019 of
the Government on elaboration on the Law on amendments to some articles of the
Law on Physical Training and Sports.
7. We commit to carry out the following matters:
- Strictly comply with regulations on sports
business activities as prescribed by law;
- Take responsibility for the accuracy and
truthfulness of the content of the application for the re-issuance of the
Certificate of eligibility for sports business activities./.
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........,
date…………………………
LEGAL REPRESENTATIVE OF THE ENTERPRISE
(Signature, seal, full name, title)