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THE
NATIONAL ASSEMBLY
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
77/2006/QH11
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Hanoi,
November 11, 2006
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LAW
ON PHYSICAL TRAINING AND SPORTS
Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/QH10 of December 25, 2001, of the Xth National Assembly,
the 10th session;
This Law provides for physical training and sports.
Chapter I
GENERAL PROVISIONS
Article 1.- Governing scope
This Law
provides for physical training and sports activities; rights and obligations of
organizations and individuals involved in physical training and sports
activities.
Article 2.- Subjects of application
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Article 3.- Application of law on physical training and sports
1. Physical
training and sports activities and the management of physical training and
sports activities must comply with the provisions of this Law and other
relevant laws.
2. When a
treaty to which the Socialist Republic of Vietnam is a contracting party
contains provisions different from those of this Law, that treaty prevails.
Article 4.- State policies on physical training and sports
development
1. To develop
physical training and sports aiming to raise the health, physical strength and
stature of Vietnamese people, contribute to improving the people's cultural and
spiritual life, enhance international sports cooperation and exchange, and
increase understandings among countries and peoples in service of national
construction and defense.
To gradually increase
state budget investment, reserve land funds and adopt policies to make use of
resources to build material foundations, train human resources, discover and
train persons with sports aptitudes into sports talents, conduct scientific and
technological research and application in order to improve the quality of
physical training and sports activities and develop some sports up to world
level.
2. To
encourage organizations and individuals to participate in physical training and
sports development and establish sports service establishments in order to meet
people's demand for physical exercise, recreation and entertainment, ensure
equality between public and private sports establishments in terms of tax,
credit and land-related preferences according to law.
3. To
prioritize investment in the development of physical training and sports in
exceptional socio-economic difficulty-stricken areas and the preservation and
development of traditional sports.
Article 5.- Agencies performing the state management of physical
training and sports
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2. The
Committee for Physical Training and Sports is responsible before the Government
for the performance of the state management of physical training and sports.
3. Ministries
and ministerial-level agencies shall, within the scope of their competence,
coordinate with the Committee for Physical Training and Sports in performing
the state management of physical training and sports.
4. People's
Committees at all levels shall perform the state management of physical
training and sports in their respective localities under the Government's
decentralization.
Article 6.- Contents of state management of physical training
and sports
1. Elaborating,
promulgating and organizing the implementation of, strategies, plannings, plans
and policies on physical training and sports development and legal documents on
physical training and sports.
2. Organizing
and directing the training of human resources for physical training and sports.
3. Inspecting
and assessing the development of mass physical training and sports and sports
competition activities.
4. Organizing
and directing scientific and technological research and application in the
domain of physical training and sports.
5.
Mobilizing, managing and using resources for physical training and sports
development.
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7. Organizing
and directing international cooperation in sports.
8. Examining,
inspecting, settling complaints and denunciations and handling violations of
law on physical training and sports.
Article 7.- Physical training and sports inspectorate
1. The
physical training and sports inspectorate shall carry out specialized
inspection in the domain of physical training and sports.
2. The
organization and operation of the physical training and sports inspectorate
must comply with the law on inspection.
Article 8.- Complaints and denunciations in physical training
and sports activities
Complaints
and denunciations and the settlement of complaints and denunciations in
physical training and sports activities must comply with the provisions of law.
Article 9.- Information and communication on physical training
and sports
1. Agencies
performing the state management of physical training and sports at various
levels shall coordinate with concerned agencies and organizations in carrying
out communication about the benefits and effects of physical training and
sports and mobilize people to participate in physical training and sports
activities.
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3. Mass media
agencies shall provide information on and carry out communication about
domestic and international physical training and sports activities in service
of the people's spiritual life.
Article 10.- Prohibited acts in physical training and sports
activities
1. Taking
advantage of physical training and sport activities to infringe upon the
State's interests and lawful rights and interests of organizations and
individuals; harming human health and life or badly affecting national ethics,
fine customs and traditions and cultural identities.
2. Using banned
stimulants or applying banned methods in sports training and competition.
3. Cheating
in sports activities.
4. Committing
acts of violence in sports activities.
5.
Obstructing lawful physical training and sports activities of organizations and
individuals.
6. Abusing
positions and powers to falsify sports competition results.
Chapter II
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SECTION 1. MASS PHYSICAL TRAINING AND SPORTS
Article 11.- Development of mass physical training and sports
1. The State
adopts investment policies and encourages organizations and individuals to
participate in the development of mass physical training and sports, creating
opportunities for people, regardless of their age, gender, health and
disability status, to exercise their rights to physical training and sports for
the purposes of health improvement, recreation and entertainment.
2. People's
Committees at various levels shall build public sports facilities and ensure
adequate physical training and sports personnel; set up a network of grassroots
physical training and sports collaborators to meet local communities'
requirements for physical training and sports activities.
3. The
Vietnam Fatherland Front and its member organizations shall mobilize their
members to participate in physical training and sports activities to exercise
and improve their health; and coordinate with agencies performing the state
management of physical training and sports in organizing mass sports
performances and competitions.
4. Agencies
performing the state management of physical training and sports at various
levels shall coordinate with socio-professional sports organizations in
mobilizing people to participate in physical training and sports movements and
popularizing physical training and sports knowledge and instructions
appropriate to the people's hobbies, age, gender and occupations; and provide
professional training to grassroots physical training and sports collaborators.
5. State
agencies, organizations and enterprises shall create conditions for civil
servants, employees and laborers in their respective units to participate in
physical training and sports activities.
Article 12.- Mass physical training and sports movements
1. The State launches
mass physical training and sports movements to mobilize and encourage people to
participate in physical training as well as sports performance and competition
in order to form the habit of doing physical exercises.
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Article 13.- Mass sports competitions
1. The
Committee for Physical Training and Sports shall direct the organization of
mass sports competitions at the national level.
2. People's
Committees at various levels shall direct the organization of mass sports
competitions in their respective localities.
3. Agencies
and organizations may organize mass sports competitions within the ambit of
their powers.
4. Agencies
and organizations that decide to organize mass sports tournaments shall comply
with the provisions of this Law and decide on the contents, forms, remuneration
and prizes of the tournaments and ensure funds for the organization of the
tournaments.
Article 14.- Physical training and sports for the disabled
1. The State
creates conditions for the disabled to participate in physical training and
sports activities in order to improve their health and integrate themselves
into the community; ensures material foundations and adopts regimes and policies
for athletes with disabilities to participate in national and international
sports tournaments.
2. The State
encourages organizations and individuals to support the disabled to participate
in physical training and sports activities.
3. Agencies
performing the state management of physical training and sports at various
levels shall coordinate with socio-professional sports organizations and
concerned agencies and organizations in creating conditions for and guiding the
disabled to participate in physical training and sports activities.
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Article 15.- Physical training and sports for the elderly
1. The State
creates conditions and encourages organizations and individuals to pay
attention to sports training, performance and competition of the elderly.
2. The
Vietnam Fatherland Front and the Vietnam Association of Elderly People shall
encourage and mobilize the elderly to participate in physical training and
sports activities.
Article 16.- Physical training for disease prevention and
treatment
1. Agencies
and enterprises shall organize physical exercises to prevent and combat
occupational diseases for laborers in their respective agencies and
enterprises.
2. The
Committee for Physical Training and Sports shall coordinate with the Ministry
of Health in designing and widely disseminating among the people physical
exercise routines to prevent and combat diseases.
3. The States
encourages organizations and individuals to establish medical establishments
and convalescent and functional rehabilitation establishments that use physical
training and sports as a therapeutic method.
Article 17.- National sports
1. The State
adopts policies to preserve and promote national sports under the Law on
Cultural Heritage and this Law; encourages organizations and individuals to
exploit and develop national sports, attaching importance to sports of ethnic
minority groups.
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Article 18.- Leisure sports
1. The State
creates conditions for the development of leisure sports to meet the society's
recreation needs.
2. Agencies
performing the state management of physical training and sports shall organize
and guide leisure sports activities.
Article 19.- Defense sports
The Ministry
of Defense shall assume the prime responsibility for, and coordinate with the
Committee for Physical Training and Sports in, guiding the organization of
defense sports activities among the people.
SECTION 2. PHYSICAL EDUCATION AND SPORTS IN SCHOOLS
Article 20.- Physical education and sports in schools
1. Physical
education is an intra-curricular subject under the educational program, aiming
to provide basic physical knowledge and exertion skills to learners through
physical exercises and games, contribute to the achievement of the goal of
comprehensive education.
2. Sports
activities in schools are learners' voluntary activities, which are organized
as extra-curricular activities suitable to learners' hobbies, sex, age and
health in order to create conditions for them to exercise their rights to
recreation and entertainment and develop their sports aptitudes.
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1. The State
adopts policies to reserve land and invest in the construction of material
foundations for physical education and sports in schools, and ensure sufficient
physical training and sports teachers and lecturers for all education levels.
2. The
Minister of Education and Training shall coordinate with the Minister-Director
of the Committee for Physical Training and Sports in elaborating physical
education programs, training physical training and sports teachers and
lecturers and guiding the contents of extra-curricular sports activities in
schools.
3.
Ministries, ministerial-level agencies and government-attached agencies shall
direct and organize the construction of material foundations and the
arrangement of physical training and sports teachers and lecturers for schools
under their management.
4. People's
Committees of provinces and centrally run cities (hereinafter collectively
referred to as provincial-level People's Committees) shall:
a/ Plan land
areas, build material foundations and gyms, supply sports equipment and devices
and allocate payroll quotas of physical training and sports teachers and
lecturers for public schools in their localities.
b/ Implement
policies on land preferences for private schools and people-founded schools in
accordance with law to help these schools build their material foundations for
physical education and sports.
Article 22.- Responsibilities of schools
1. To
organize the implementation of the physical education program under regulations
of the Minister of Education and Training.
2. To manage
and effectively use material foundations, equipment and devices for physical
education and sports in schools.
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4. To ensure
safety for teachers and learners in physical training and sports activities.
5. To
discover and foster learners' sports aptitudes.
Article 23.- Rights and obligations of physical training and
sports teachers and lecturers
1. To teach
the physical education subject according with its program.
2. To
organize extra-curricular sports activities, discover and foster learners'
sports aptitudes.
3. To respect
learners, treat them equally and comply with regulations on ensuring safety for
learners.
4. To be
entitled to a special allowance regime under the Prime Minister's regulations.
Article 24.- Rights and obligations of learners
1. To study
the physical education subject.
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3. To be
selected and enrolled in sports-oriented schools.
4. To use
material foundations, equipment and devices for physical education and sports
in schools.
Article 25.- Sports competitions in schools
1. Agencies
performing the state management of education and training at all levels and schools
shall organize sports competitions in order to encourage physical training and
sports movements among pupils and students.
2. Contents
and forms of, and regulations on, sports competition must be suitable to the
physio-psychological characteristics of learners of different age groups and
material foundation conditions.
Article 26.- Responsibilities of the Ho Chi Minh Communist
Youth Union and socio-professional sports organizations
The Ho Chi
Minh Communist Youth Union and socio-professional sports organizations shall
coordinate with schools in organizing extra-curricular sports activities for
learners.
SECTION 3. PHYSICAL TRAINING AND SPORTS IN THE ARMED FORCES
Article 27.- Physical training and sport activities in the
armed forces
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2. To
organize voluntary sports activities for officers and soldiers.
3. To
organize high-achievement sports training and competition.
Article 28.- Responsibilities of state agencies for physical
training and sports in the armed forces
1. The State
ensures material foundations, equipment and devices, and conditions for training
of athletes and coaches for physical training and sports activities in the
armed forces.
2. The
Minister of Defense and the Minister of Public Security shall:
a/ Organize
and direct the construction of material foundations and supply of equipment and
devices for sports training and competition in the armed forces;
b/ Coordinate
with the Minister-Director of the Committee for Physical Training and Sports in
promulgating and applying strength training criteria, organizing the training
of coaches and athletes and issuing regulations on sports tournaments in the
armed forces.
Article 29.- Responsibilities of armed forces' units
1. To
organize the implementation of strength training programs for officers and
soldiers.
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3. To manage
and effectively use material foundations and equipment and devices for physical
training and sports.
Article 30.- Rights and obligations of officers and soldiers
1. To follow
strength training programs according to regulations of the Minister of Defense
and the Minister of Public Security.
2. To
participate in sport activities.
3. To be
selected into sports teams to compete in national and international sports
tournaments.
Chapter III
HIGH-ACHIEVEMENT SPORTS
SECTION 1. HIGH-ACHIEVEMENT SPORTS
Article 31.- Development of high-achievement sports
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Article 32.- Rights and obligations of high-achievement
sports athletes
1. During the
time of training and competition, athletes have the following rights and
obligations:
a/ To be supplied
with equipment, devices and means for sports training and competition;
b/ To receive
medical treatment of their injuries;
c/ To be
entitled to a special nutrition regime and remuneration under the Prime
Minister's regulations;
d/ To apply
safety measures;
e/ To follow
training programs and plans set by their coaches;
f/ To abide
by regulations on sports competition and rules of sports tournaments.
2. To
participate in health insurance and social insurance under the provisions of
law; to receive general, political and professional education.
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4. Athletes
who record outstanding achievements in national and international sports
tournaments are entitled to preferences regarding professional training,
healthcare, rewards and other preferences under the Prime Minister's
regulations.
5. Athletes
who are no longer able to compete shall be given priority by the State in job
training and employment in accordance with law.
Article 33.- Rights and obligations of high-achievement
sports coaches
1. During the
time of training and competition, coaches have the following rights and
obligations:
a/ To be
entitled to a special nutrition regime and remuneration under the Prime
Minister's regulations;
b/ To
elaborate and implement sports training plans and programs;
c/ To select
athletes;
d/ To manage
and educate athletes;
e/ To apply
measures to ensure safety for athletes;
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2. To study
in order to raise their political and professional qualifications; to enjoy
social insurance and health insurance under the provisions of law.
3. Coaches of
athletes who record outstanding achievements in national and international
sports tournaments are entitled to preferences regarding professional training,
healthcare, rewards and other preferences under the Prime Minister's
regulations.
Article 34.- Rights and obligations of high-achievement
sports referees
1. To have
their safety secured while performing their profession.
2. To be
provided with professional training according to regulations.
3. To be
entitled to remunerations according to law.
4. To
administer the competition in accordance with regulations on sports competition
and sport tournament rules.
5. To be
honest and fair in competition administration.
Article 35.- National sports teams, national sports
delegations
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2. A national
sports delegation consists of national sports teams, which is set up for
competition at a specific regional or world sports meet.
3. Funds for
training and competition of national sports teams and national sports
delegations shall be covered by the state budget, funds of the Vietnam Olympic
Committee, national sports federations, national sports associations
(hereinafter collectively referred to as national sports federations) and other
lawful funding sources.
4. The
Vietnam Olympic Committee shall manage national sports delegations; national
sports federations shall manage national sports teams.
The
Minister-Director of the Committee for Physical Training and Sports shall
specify the order of and procedures for the establishment of national sports
delegations and national sports teams.
Article 36.- Criteria of athletes of national sports teams
1. To be
selected into a national sports team, an athlete must fully satisfy the
following criteria:
a/ Being a
Vietnamese citizen;
b/ Having
professional capabilities and qualifications meeting the selection criteria of
the training board of the team;
c/ Possessing
good ethical qualities.
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Article 37.- High-achievement sports tournaments
1. Regional,
continental and world sports meets; regional, continental and world
championships of each sport held in Vietnam.
2. National
physical training and sports meets.
3. Annual
national championships and national junior tournaments of each sport.
4.
Provincial/municipal championships of each sport.
Article 38.- Competence to organize high-achievement sports
tournaments
1. The Prime
Minister shall decide to organize sports tournaments specified in Clauses 1 and
2, Article 37 of this Law, at the proposal of the Minister-Director of the
Committee for Physical Training and Sports.
2. The
Minister-Director of the Committee for Physical Training and Sports shall
decide to organize sports tournaments specified in Clause 3, Article 37 of this
Law, at the proposal of national sports federations.
3. Presidents
of provincial-level People's Committees shall decide to organize sports
tournaments specified in Clause 4, Article 37 of this Law.
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1. Rules of
sports tournaments specified in Clause 1, Article 37 of this Law shall comply
with regulations of international sports organizations.
2. The
Minister-Director of the Committee for Physical Training and Sports shall
approve rules of national physical training and sports meets.
3. Presidents
of national sports federations shall approve rules of sports tournaments
specified in Clause 4, Article 37 of this Law.
4. Presidents
of provincial-level People's Committees shall approve rules of sports
tournaments specified in Clause 4, Article 37 of this Law.
Article 40.- Procedures of application for hosting
high-achievement sports tournaments
1. A dossier
of application for hosting a high-achievement sports tournament consists of:
a/ An
application for hosting a sports tournament, clearly stating the objectives of,
and financial sources, material foundations, technical equipment and devices
for, the tournament;
b/ Rules of
the sports tournament;
c/ A list of
members of the organizing committee of the sports tournament;
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e/ The title,
medals, badges, pennant and symbol of the tournament.
2. Within
thirty days after receiving a valid and complete dossier, the person competent
to decide on the organization of the sports tournament as specified in Clauses
1 and 2, Article 38 of this Law shall make a written reply to the applicant; in
cases of refusal, he/she shall clearly state the reasons therefor.
Within
fifteen days after receiving a valid and complete dossier, the person competent
to decide on the organization of the sport tournament defined in Clause 3,
Article 38 of this Law shall make a written reply to the applicant, in case of
refusal, he/she shall clearly state the reasons therefor.
Article 41.- Recognition of results of high-achievement
sports competition
National
sports federations shall recognize national records of sports and the results
of domestic and international sports competition.
Article 42.- Grades of high-achievement sports athletes,
coaches and referees
1. Grading of
sports athletes, coaches and referees aim to evaluate their professional
qualifications.
2. National
sports federations shall recognize the grades of sports athletes, coaches and
referees.
3. The
Minister-Director of the Committee for Physical Training and Sports shall
specify criteria for awarding grades to sports athletes, coaches and referees.
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Material
foundations, equipment and devices for high-achievement sports training and
competition must satisfy Vietnam standards and conform with regulations of
international sports organizations or meet international standards.
SECTION 2. PROFESSIONAL SPORTS
Article 44.- Development of professional sports
1.
Professional sports means sports activities in which coaches and athletes
consider sports training, performance and competition as their profession.
2. The State
encourages organizations and individuals to set up professional sports clubs.
Article 45.- Rights and obligations of professional athletes
1.
Professional athletes shall sign labor contracts with professional sports clubs.
2. Rights and
obligations of professional athletes shall be exercised and performed under
labor contracts signed with professional sports clubs.
3. Labor
contracts signed between professional athletes and professional sports clubs
must comply with the law on labor and conform with regulations of relevant
international sports organizations.
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1.
Professional coaches shall sign labor contracts with professional sports clubs
or national sports federations.
2. Rights and
obligations of professional coaches shall be exercised and performed under
labor contracts signed with professional sports clubs or national sports
federations.
3. Labor
contracts signed between professional coaches and professional sports clubs or
national sports federations must comply with the law on labor and conform with
regulations of relevant international sports organizations.
Article 47.- Transfer of professional athletes
1. The
transfer of a professional athlete who still has a valid labor contract between
two domestic professional sports clubs shall be effected under a contract.
2. The
transfer of a professional athlete between a Vietnamese professional sports club
and a foreign professional sports club must comply with this Law and transfer
regulations of international sports federations.
3. The order
of and procedures for transfer of professional athletes shall be provided for
by national sports federations in conformity with Vietnamese law and
regulations of international sports federations of which they are members.
Article 48.- Contracts on transfer of professional athletes
1. Contracts
on transfer of professional athletes must comply with Vietnamese law, treaties
to which the Socialist Republic of Vietnam is a contracting party and
international practice.
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a/ The
subject of the transfer;
b/ Parties to
the transfer;
c/ The
transfer form and scope;
d/ The
duration of the transfer;
e/ The
transfer price and payment mode;
f/ Rights and
obligations of the parties to the contract;
g/
Compensation liability and level of each party upon breach of the contract;
h/ Dispute
settlement body;
i/ Other
contents agreed upon by the parties.
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Professional
sports clubs are enterprises which are set up by organizations or individuals
to train athletes and organize professional sports competitions; carry out
business and service activities in the sports domain and other domains under
the provisions of law.
Professional
sports clubs are members of national sports federations.
Article 50.- Conditions for professional sports clubs to
conduct sports business
1. Having
sports personnel who are capable of meeting the requirements of professional
sports activities.
2. Having
professional athletes and professional coaches.
3. Having
material foundations, equipment and devices suitable to professional sports
activities.
4. Having
financial sources for their operation.
Article 51.- Order of and procedures for business
registration, business suspension, splitting, division, merger, transformation,
dissolution and bankruptcy of professional sports clubs
1. The order
of and procedures for business registration, business suspension, splitting,
division, merger, transformation and dissolution of professional sports clubs
are defined in the Enterprise Law; bankruptcy of professional sports clubs
shall be governed by the Bankruptcy Law.
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Within seven
working days from the date of granting a business registration certificate, the
business registration agency shall send a copy of that certificate to the
agency performing the state management of physical training and sports of the
same level.
3. A
professional sports club may only carry out sports business activities after it
is granted the business qualification certificate by the provincial-level
People's Committees under Article 50 of this Law.
4. A dossier
of application for a sports business qualification certificate consists of:
a/ An application
for a certificate;
b/ A brief
report on the prepared business conditions specified in Article 50 of this Law.
Within seven
working days after receiving a complete and valid dossier, the provincial-level
People's Committee shall inspect sports business conditions of the professional
sports club according to Article 50 of this Law for the grant of a business
qualification certificate; in case of refusal, it shall issue a written reply
clearly stating the reasons therefor.
Article 52.- Tasks and powers of professional sports clubs
1. To
participate in professional sports tournaments organized by national sports
federations or international sports federations.
2. To train
professional sports athletes.
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4. To sign
labor contracts with professional athletes and professional coaches.
5. To ensure
material foundations, equipment and devices for sports training and
competition.
6. To ensure
financial sources for their operation.
7. To carry
out production, business and service activities according to law.
8. To be
entitled to preferential policies on the use of material foundations, equipment
and devices managed by the State.
9. To enjoy
conditions created by the State to increase their lawful revenues.
10. To
receive and use donations and contributions of domestic as well as foreign
organizations and individuals.
Article 53.- Ownership right to high-achievement sports
tournaments and professional sports tournaments
1. The
protection of ownership right to high-achievement sports tournaments and
professional sports tournaments shall be governed by the civil law and
intellectual property law.
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3. Owners of
high-achievement sports tournaments and professional sports tournaments may
transfer the ownership right to these sports tournaments to organizations or
individuals under contracts agreed upon by the parties.
4. The
Government shall specify the ownership right to high-achievement sports
tournaments and professional sports tournaments.
Chapter IV
SPORTS ESTABLISHMENTS
Article 54.- Forms of sports establishments
1. Sports
establishments include:
a/ Sports
athlete training centers.
b/ Sports
centers;
c/ Sports
service centers;
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e/
Sports-oriented schools.
2. Sports establishments
shall operate in either of the two forms of sports enterprise and sports
non-business unit.
Article 55.- Sports enterprises
1. Sports
enterprises are set up and operate under the Enterprise Law, this Law and
relevant laws.
2. Conditions
for operation of sports enterprises include:
a/ Having
professional employees who meet the operation requirements;
b/ Having
material foundations, equipment and devices meeting the requirements of sport
activities;
c/ Having
financial sources for business activities.
3. Business
registration agencies shall grant business registration certificates to sports
enterprises under the Enterprise Law.
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4. Sports
enterprises may only carry out business activities after they are granted the
business qualification certificates by competent People's Committees as
specified in Clause 2 of this Article.
5. A dossier
of application for a business qualification certificate of a sports enterprise
consists of:
a/ An
application for a certificate;
b/ A brief report
on the prepared business conditions specified in Clause 2 of this Article.
Within seven
working days after receiving a complete and valid dossier, the competent
People's Committee shall inspect the enterprise's operation conditions
specified in Clause 2 of this Article for the grant of a certificate; in case
of refusal, it shall reply in writing, clearly stating the reasons therefor.
6. The
establishment and operation of professional sports clubs must comply with
Articles 49, 50, 51 and 52 of this Law, and relevant laws.
7. The
establishment and operation of sports enterprises by foreign organizations and
individuals or overseas Vietnamese must comply with the Investment Law, the
Enterprise Law, this Law and other relevant laws.
8. The order
of and procedures for business registration, business suspension, splitting,
division, merger, consolidation, transformation and dissolution of sports
enterprises are as defined in the Enterprise Law; bankruptcy of sports
enterprises shall be governed by the Bankruptcy Law.
Article 56.- Sports business households
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2. Sports
business households that regularly employ ten or more laborers shall register
for enterprise establishment.
Article 57.- Sports non-business units
1. Sports
non-business units are organized and operate under this Law and relevant laws.
2. Competence
to establish and permit the establishment of sports non-business units:
a/ The
Minister-Director of the Committee for Physical Training and Sports shall
decide to establish national athlete training centers;
b/ Ministers,
heads of ministerial-level agencies and government-attached agencies shall
decide to establish sports athlete training centers, sports centers and sports
service establishments under their ministries or agencies;
c/ Presidents
of People's Committees of all levels shall decide to establish or permit the
establishment of sports athlete training centers, sports centers and sports
service establishments in their respective localities.
Article 58.- Termination of operation, merger, splitting,
division, consolidation and dissolution of sports non-business units
1. Sports
non-business units have their operation terminated in the following cases:
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b/ They fail
to comply with regulations on material foundations, equipment, facilities and
professional staff;
c/ They
violate regulations on financial management.
2. Sports
non-business units are dissolved in the following cases:
a/ They fail
to remedy the violations specified in Clause 1 of this Article within six
months after the date of termination of operation;
b/ At the
proposal of organizations or individuals that have applied for the
establishment of sports non-business units.
3. The
persons who have decided to establish or permitted the establishment of sports
non-business units are competent to decide on the termination of operation,
splitting, division, merger, consolidation and dissolution of sports
non-business units.
Article 59.- Tasks and powers of sports athlete training
centers
1. To
organize sports training and competition.
2. To care
for, nurture, and organize general and ethical education for, athletes.
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4. To manage,
exploit and use material foundations, equipment and devices.
5. To ensure
safety for athletes.
6. To receive
and use donations and contributions of organizations and individuals.
Article 60.- Tasks and powers of sports centers and sports
service establishments
1. To
organize physical training and sports activities in accordance with their
registered contents.
2. To provide
services for trainees.
3. To ensure
safety for trainees in the course of training and competition in their
establishments.
4. To
recruit, use and manage their employees.
5. To manage
and use their land, material foundations, equipment and devices.
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7. To support
and create conditions for children, the elderly and the disabled to participate
in physical training and sports activities.
Article 61.- Sports-oriented schools
1.
Sports-oriented schools are specialized schools set up to develop pupils'
sports aptitudes.
The
organization and operation of sports-oriented schools are governed by the
Education Law and this Law.
2. Conditions
for the establishment of sports-oriented schools
a/ Having
programs on professional training in sports, which are formulated and decided
by the school principals;
b/ Having
sufficient and ethically and professionally qualified administrators and
teachers capable of achieving the objectives of sports and education programs;
c/ Having material
foundations, equipment and financial sources meeting operation requirements.
3. Presidents
of provincial-level People's Committees shall decide to establish
sports-oriented schools.
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Article 62.- Tasks and powers of sports-oriented schools
1. To
implement programs on professional sports training stated at Point a, Clause 2,
Article 61 of this Law.
2. To
organize the teaching of the general education program stated in Clause 4,
Article 61 of this Law.
3. To
participate in sports competitions.
4. To
organize ethical education for pupils.
5. To care
for the health of pupils, nurture them and facilitate their cultural,
recreational and entertainment activities.
6. To
recruit, manage and use their employees.
7. To manage,
exploit and use their material foundations, equipment and devices.
8. To receive
and use donations and contributions of organizations and individuals.
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1. To receive
general education.
2. To be
trained in sports for which they have aptitudes.
3. To stay in
dormitories.
4. To be
entitled to a special nutrition regime under the Prime Minister's regulations.
5. To be
entitled to healthcare and have their safety ensured during sports training and
competition.
6. To
participate in sports tournaments.
7. To be
selected for overseas training.
8. To well
observe internal rules and regulations of the schools.
9. To
actively participate in general education, improve ethical qualities and
professional skills to develop their sports aptitudes.
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Chapter V
RESOURCES FOR PHYSICAL
TRAINING AND SPORTS DEVELOPMENT
Article 64.- Financial sources for physical training and
sports
1. The state
budget.
2. Revenues
from sports competition and performance, and sports services; transfer of
ownership right to high-achievement sports tournaments and professional sports
tournaments.
3.
Investments, donations and contributions of domestic and foreign organizations
and individuals.
4. Other
lawful revenues.
Article 65.- Land for physical training and sports
1. In
planning the construction of schools, urban centers, residential areas or
barracks of the people's armed forces units, it is necessary to reserve land
for the construction of sports facilities.
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3.
Organizations and individuals that invest in the construction of sports
facilities may be allocated or leased land according to law.
4. The
Government and People's Committees of various levels shall elaborate plannings
and plans on the use of land for physical training and sports in conformity
with physical training and sports development plannings.
Article 66.- Human resources for physical training and sports
development
The State
trains, fosters, and encourages organizations and individuals to participate in
the training and fostering of, human resources to meet the requirements of
physical training and sports development.
Article 67.- Sports talent development support fund
1. Sports
talent development support funds shall be established to support sports
talents.
2. The State
encourages organizations and individuals to establish, finance or support sports
talent development support funds.
3. The
establishment, organization and operation of sports talent development support
funds must comply with the Government's regulations.
Chapter VI
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SECTION 1. THE VIETNAM OLYMPIC COMMITTEE
Article 68.- The Vietnam Olympic Committee
1. The
Vietnam Olympic Committee is a social sports organization representing Vietnam
in the international olympic movement.
2. The
Vietnam Olympic Committee enjoys autonomy in its operation and takes
accountability for the performance of its tasks and powers, organizational
apparatus, personnel and finance in accordance with law.
3. The
establishment, dissolution and ratification of the organization and operation
charter of the Vietnam Olympic Committee comply with the law on associations
and regulations of the International Olympic Committee.
Article 69.- Tasks and powers of the Vietnam Olympic
Committee
1. To
participate in the building and development of physical training and sports
movements in the country; to expand sports relations with other countries
within the international olympic movement.
2. To widely
spread the love for sports and the noble sports spirit among the people.
3. To support
the operation of national sports federations and socio-professional sports
organizations of branches and localities.
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5. To
recommend and propose to competent state agencies mechanisms and policies for
the development of physical training and sports movements.
6. To enjoy
state funds for its operation and the performance of tasks authorized by the
State according to the State Budget Law.
7. To receive
donations and contributions of domestic and foreign organizations and
individuals and to manage and use them in accordance with law.
SECTION 2. SOCIO-PROFESSIONAL SPORTS ORGANIZATIONS
Article 70.- National sports federations
1. A national
sports federation is a socio-professional organization for one or several
sports, and is admitted to the corresponding international sports federation.
2. National
sports federations enjoy autonomy in their operation and take accountability
for the performance of their rights and obligations, organizational apparatus,
personnel and finance in accordance with law.
3. The
establishment, splitting, division, merger, consolidation, dissolution, and
ratification of organization and operation charters of national sports
federations comply with the law on associations and regulations of
international sports federations.
Article 71.- Rights and obligations of national sports
federations
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2. To
propagate about benefits and effects of sports they are in charge of.
3. To
recommend and propose to competent state agencies mechanisms and policies for
the development of sports they are in charge of.
4. To
mobilize all resources for the development of sports they are in charge of; to
conduct sports business and service activities in accordance with law.
5. To receive
state funds for their operation and funds for the performance of tasks
authorized by the State according to the State Budget Law.
6. To receive
donations and contributions of domestic and foreign organizations and
individuals and manage and use them in accordance with law.
7. To
organize and manage national and international sports tournaments in Vietnam
according to their competence.
8. To manage
athletes, coaches and referees of sports they are in charge of; to appoint
sports athletes and teams to participate in international competitions.
9. To
formulate plans and programs on the development of professional sports
activities in sports they are in charge of and organize the implementation,
management and administration of these plans and programs after they are
approved by the Committee for Physical Training and Sports.
10. To
provide professional guidance for branch and local socio-professional sports
organizations.
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Article 72.- Branch and local socio-professional sports
organizations
1.
Socio-professional sports organizations of branches and localities enjoy
autonomy in their operation and take accountability for the exercise of their
rights, performance of their tasks and their organizational apparatus,
personnel and finance in accordance with law.
2. The
establishment, splitting, division, merger, consolidation, dissolution and
approval of organization and operation charters of socio-professional sports
organizations of branches and localities comply with the law on associations.
Article 73.- Rights and obligations of branch and local
socio-professional sports organizations
1. To
organize sports tournaments according to their competence; to manage sports athletes,
coaches and referees of their respective branches and localities.
2. To develop
professional sports within their respective branches and localities.
3. To
exercise rights and perform obligations defined in Clauses 1, 2, 3, 4, 5 and 6,
Article 71 of this Law.
Chapter VII
INTERNATIONAL SPORTS
COOPERATION
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The State
expands international sports exchange and cooperation on the principle of
respect for independence, sovereignty, equality and mutual benefits in
accordance with Vietnamese law and treaties to which the Socialist Republic of
Vietnam is a contracting party, thus contributing to promoting friendship
cooperation relations and mutual understandings among peoples.
Article 75.- Contents of international sports cooperation
1.
Participating in international sports organizations; signing, acceding to and
ratifying treaties on sports.
2. Organizing
and participating in the organization of international sports events in
Vietnam.
3.
Participating in sports competition and performance.
4. Training
and exchanging sports specialists, coaches, athletes and referees.
5. Conducting
scientific research into and application and transfer of advanced technologies
in the sports domain.
6. Exchanging
sports information and experience.
7. Investing
in the construction of sports facilities.
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9. Exchanging
and introducing national sports.
10. Fighting
negative acts in sports activities.
Chapter VIII
COMMENDATION, HANDLING
OF VIOLATIONS
Article 76.- Commendation of organizations and individuals
that make contributions to the cause of physical training and sports
1.
Organizations and individuals that record achievements in the building and
development of the cause of physical training and sports and in physical
training and sports activities shall be commended and rewarded under this Law
and the law on emulation and commendation.
2. The regime
of material rewards for sports athletes and coaches who record outstanding
achievements in national and international sports tournaments shall be provided
for by the Prime Minister.
Article 77.- Handling of violations
1. Those who
violate the provisions of law on physical training and sports shall, depending
on the nature and severity of their violations, be disciplined,
administratively sanctioned or examined for penal liability; if causing damage,
they shall pay compensations therefor in accordance with law.
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Chapter IX
IMPLEMENTATION PROVISIONS
Article 78.- Implementation effect
1. This Law
takes effect on July 1, 2007.
2. The
September 25, 2000 Ordinance on Physical Training and Sports ceases to be
effective on the effective date of this Law.
Article 79.- Guidance for implementation
The
Government shall detail and guide the implementation of Articles 4, 10, 11, 21,
28, 31, 50, 53, 55, 57, 65, 67 and 77 of this Law.
This Law
was passed on November 29, 2006, by the XIth National Assembly of the Socialist
Republic of Vietnam at its 10th session
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THE
NATIONAL ASSEMBLY
PRESIDENT
Nguyen Phu Trong