Decree No. 111/2002/ND-CP dated December 31, 2003 of the Government detailing and guiding the implementation of a number of articles of the Ordinance on physical training and sports

DECREE

DETAILING AND GUIDING THE IMPLEMENTATION OF A NUMBER OF ARTICLES OF THE ORDINANCE ON PHYSICAL TRAINING AND SPORTS

THE GOVERNMENT

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

Pursuant to the September 25, 2000 Ordinance on Physical Training and Sports;

At the proposal of the Minister-Chairman of the Physical Training and Sport Commission,

DECREES:

Chapter I

GENERAL PROVISIONS

Article 1.-Objects and scope of regulation

This Decree specifies a number of articles of the Ordinance on Physical Training and Sports regarding physical training and sport establishments; the organization of tournaments; professional sports; the State management over the National Sport Federation; the assurance of financial and land conditions for physical training and sports.

Article 2.-Physical training and sport establishments

The State encourages and creates conditions for organizations and individuals to build public or non-public physical training and sport establishments in line with planning and plans on physical training and sport development, meeting the societys demands for physical training and sport activities.

Article 3.-Organization of tournaments

The tournaments organized in Vietnam shall be permitted by competent State bodies, be given conditions in term of organization and have their competition achievements recognized under the provisions of Vietnamese law.

Article 4.-Professional sports

Professional sports constitute a form of high-achievement sports of professional nature and operating for profit purposes.

The State shall build up and develop professional sports with a view to raising the levels of some sports, meeting the people cultural and entertainment demands.

Article 5.-The State management over the National Sport Federation

1. The National Sport Federation and Association are social physical training and sport organizations comprising voluntary members.

2. The State shall have the responsibility to manage and create conditions for the National Sport Federation and the National Sport Association (hereinafter referred collectively to as the National Sport Federation) to be organized and operate under the Federation?s Charter, the provisions of law, the regulations of international sports organizations, of which the Federation is a member, and in accordance with Vietnamese law.

Chapter II

TYPES, ORGANIZATIONAL NETWORKS AND OPERATION OF PHYSICAL TRAINING AND SPORT ESTABLISHMENTS

Article 6.-Types of physical training and sport establishments

Physical training and sport establishments are organized in two types: the public physical training and sport establishments and the non-public physical training and sport establishments.

1. The public physical training and sport establishments include:

a) The public physical training and sport establishments set up by the State which also appoints their managerial officials, assigns the payroll norms, manages, invests in material foundations and provides funding for regular-spending tasks;

b) The public physical training and sport establishments set up under the provisions of the Law on State Enterprises, including the State enterprises engaged in public-utility activities not for profit purposes and the State enterprises conducting business activities for profit purposes.

2. Non-public physical training and sport establishments include:

a) The non-public physical training and sport establishments set up under the provisions of the Governments Decree No.73/1999/ND-CP of August 19, 1999 and operating for non-commercial purposes, which are organized in forms of semi-public, people-founded and private establishments;

b) The non-public physical training and sport establishments set up under the provisions of the Enterprise Law and operating for the purposes of profit generation, which include various forms of enterprise: the limited liability company, the joint-stock company, the partnership, the private enterprise.

Article 7.-Planning on physical training and sport establishment networks

1. The Ministry of Education and Training shall assume the prime responsibility and coordinate with the Commission for Physical Training and Sports as well as relevant bodies in drawing up the planning on physical training and sport universities and colleges.

2. The Commission for Physical Training and Sports shall draw up the general planning on networks of the national centers for sport training and the physical training and sport establishments throughout the country.

3. The ministries, ministerial-level agencies, agencies attached to the Government and the provincial-level Peoples Committees shall draw up plannings on their attached physical training and sport establishments in line with the general planning of the physical training and sport service.

Article 8.-Procedures for setting up physical training and sport establishments

1. The procedures for setting up physical training and sport universities and colleges, prescribed at Point a, Clause 1, Article 33 of the Ordinance on Physical Training and Sports, shall comply with the provisions of the Education Law.

2. The procedures for setting up physical training and sport establishments, prescribed at Point a of Clause 1 and Point a of Clause 2 of Article 6 of this Decree, are prescribed as follows:

a) The Commission for Physical Training and Sports shall receive and appraise the dossiers of application for setting up national centers for physical and sport training; the Minister-Chairman of the Commission for Physical Training and Sports shall consider and decide on the setting up thereof;

b) The ministries, ministerial-level agencies and agencies attached to the Government shall receive and appraise the dossiers of application for setting up their attached physical training and sport establishments; the ministers, the heads of the ministerial-level agencies and the heads of the agencies attached to the Government shall consider and decide on the setting up thereof;

c) The Peoples Committees of various levels shall receive and appraise the dossiers of application for setting up physical training and sport establishments under their respective management; the Peoples Committee presidents shall consider and decide on the setting up thereof.

3. A dossier of application for setting up a physical training and sport establishment shall include:

a) The application for setting up;

b) The operation planning already approved by a competent State management body in charge of physical training and sports;

c) The competent bodys documents certifying the conditions on material foundations, technical facilities and equipment of the organization or individual applying for the setting up of the establishment; the land use right certificate or the investment project and the design already considered and approved by the competent State body, which clearly state the land use demand or the written approval of the location and acreage of the project for the construction of the physical training and sport establishment by the competent State body;

d) The professional diplomas and/or certificates of sport trainers and instructors.

4. The physical training and sport establishments set up under the State Enterprise Law or the Enterprise Law must register their professional operations with the competent State management agencies in charge of physical training and sports.

Article 9.-Tasks and powers of the physical training and sport establishments

The physical training and sport establishments shall have the following tasks and powers:

1. To carry out physical training and sport activities according to planning or registered contents.

2. To provide services for trainees according to law provisions.

3. To ensure life and property safety for trainees during the process of their training at the establishments.

4. To manage officials and employees in the establishments.

5. To manage and use land, material foundations, technical facilities and equipment according to law provisions.

6. To assist and create conditions for children, elderly people and disabled persons to participate in physical training and sport activities.

7. Other tasks and powers as prescribed by law.

Article 10.-Operation suspension, dissolution of physical training and sport establishments

1. Physical training and sport establishments shall be suspended from their operations in the following cases:

a) Serious violation of the regulations on organization and operation;

b) Failure to meet the regulations on material foundations, facilities and equipment and the contingent of professional personnel.

2. Physical training and sport establishments shall be dissolved in the following cases:

a) Failure to redress the situation prescribed in Clause 1 of this Article;

b) At the proposal of the organizations or individuals that have applied for the setting up of the physical training and sport establishments.

3. The competent authorities that are competent to decide on the setting up or permit the operation of physical training and sport establishments shall be competent to suspend their operation or dissolve such physical training and sport establishments.

Article 11.-Foreign physical training and sport establishments in Vietnam

Foreign organizations and individuals as well as international organizations in Vietnam, overseas Vietnamese may set up physical training and sport establishments in Vietnam under the following regulations:

1. Foreign physical training and sport establishments in Vietnam operating for profit purposes shall comply with the Law on Foreign Investment in Vietnam and other relevant provisions of Vietnamese law.

2. Foreign physical training and sport establishments in Vietnam operating for non-profit purposes shall comply with the separate regulations of the Government.

Chapter III

ORGANIZATION OF TOURNAMENTS

Article 12.-Systems of tournaments

1. The systems of tournaments include: the system of mass physical training and sport competitions and the system of high-achievement sport competitions.

2. The Commission for Physical Training and Sports shall assume the prime responsibility and coordinate with the provincial/municipal Peoples Committees in reporting to and asking the Prime Minister to permit the organization of regional, continental and world olympiads and/or tournaments in Vietnam as well as national sport meets.

The national sport meets shall be organized in every four years.

3. The Commission for Physical Training and Sports shall manage the system of national tournaments.

4. The ministries, ministerial-level agencies, agencies attached to the Government and the provincial/municipal Peoples Committees shall have to manage their own olympiads and tournaments.

Article 13.-The procedures to apply for permission to organize sport tournaments

1. Organizations and individuals that are fully capable of organizing high-achievement sport tournaments, mass physical training and sport competitions prescribed in Clause 3. Article 13 of the Ordinance on Physical Training and Sports must be permitted by competent State management bodies and must abide by the relevant law provisions, except otherwise provided for by international treaties which Vietnam has signed or acceded to.

2. The dossiers of application for organizing a sport tournament shall include:

a) The application for organizing the sport tournament, clearly stating the financial sources for the organization of the tournament; the material foundations, technical facilities and equipment which satisfy the requirements of tournament organization;

b) The draft rules of the sport tournament;

c) The list of members of the Tournament Organizing Committee;

d) The projected competition program and other activities of the sport tournament.

3. The State management agencies in charge of physical training and sports shall receive the dossiers and permit or submit them to the competent State agencies to permit the organization of sport tournaments as provided for in Articles 27 and 28 of the Ordinance on Physical Training and Sports.

Article 14.-Registering athletes? eligibility

1. Athletes participating in high-achievement sport tournaments as well as mass physical training and sport competitions, which are prescribed in Clause 3, Article 13 of the Ordinance on Physical Training and Sports, must register for the granting of athletes cards.

2. The Physical Training and Sports Commission shall direct the National Sport Federation to manage athletes, carry out the registration and grant cards to the athletes participating in:

a) Regional, continental and world olympiads and/or tournaments organized in Vietnam;

b) National sport meets and the annual national tournament for each sport.

3. The ministries, ministerial-level agencies, agencies attached to the Government and the provincial/municipal Peoples Committees shall have to manage, register and grand cards to, athletes participating in sport competitions organized by their units.

Article 15.-Sport tournament organizing committees

Sport Tournament Organizing Committees, composed of representatives of agencies and organizations, shall have to ensure the professional qualification, finance, material foundations, security, order and healthcare.

The Physical Training and Sports Commission shall guide the setting up and operation of the sport tournament-organizing committees.

Article 16.-Commendation

1. The Physical Training and Sports Commission shall commend and reward athletes and coaches, who record high achievements in sport competitions, under the provisions in Article 29 of the Ordinance on Physical Training and Sports.

2. The Physical Training and Sports Commission shall report to the Prime Minister or the State President for commending and/or rewarding athletes and coaches, who record exceptionally outstanding achievements in sport competitions.

Chapter IV

PROFESSIONAL SPORTS

Article 17.-Conditions for building up and developing professional sports

Sports which satisfy the following conditions shall be built and developed into professional sports:

1. Having professional athletes, professional trainers.

2. Having organizations to manage and administer professional sports, which belong to the National Sport Federation.

3. Having the Professional Sport Regulations approved by the Physical Training and Sports Commission.

4. Having financial sources, material foundations for organizing professional sport tournaments.

Article 18.-Professional trainers, professional athletes

1. Professional trainers and professional athletes are persons who take the sport training and competitions as their profession ensuring their principal income sources.

2. Professional trainers and professional athletes shall sign training or competition contracts with domestic or foreign professional sport clubs according to the provisions of law.

Article 19.-Professional sport clubs

1. A professional sport club is an unit of enterprises or an enterprise, which carries out business and/or service activities in the field of professional sports and other activities according to the provisions of law.

2. Conditions for setting up and operating professional sport clubs:

a) Having professional athletes, professional trainers;

b) Having financial sources and material foundations, facilities and equipment, which satisfy the requirements of professional sport training, coaching and competitions.

Article 20.-Copyright for telecast professional sport competitions

1. The rights to telecast professional sport competitions shall include: the rights to record images, broadcast images and sell images of professional sport tournaments.

2. The National Sport Federation, the professional sport clubs and the organizations directly involved in organizing professional sport tournaments are owners of the professional sport tournaments.

3. The owners of professional sport tournaments are entitled to transfer their copyrights for telecast professional sport tournaments to television agencies through contracts on transfer of television copyrights under the terms agreed upon by the two parties.

4. The State-run television agencies are entitled to exercise the right to telecast the professional sport tournaments without having to implement the provisions in Clause 3 of this Article in cases where they record part of the sport competitions for news reports, sport commentaries, or where such are free-of-charge sport competitions.

Article 21.-Responsibilities of the National Sport Federation for professional sports

For sports which can be built and developed into professional sports, the National Sport Federation shall have the following responsibilities:

1. To elaborate plans and programs for development of sport events into professional sports according to the planning on physical training and sport development, suitable to Vietnams conditions.

2. To work out professional sport regulations and submit them to the Physical Training and Sports Commission for approval.

3. To organize and run professional sport activities; manage the lists of professional trainers and athletes.

4. To provide professional and financial support for professional sport clubs.

5. To implement the regime of financial revenue and expenditure in professional sport activities under the provisions of law.

Article 22.-Responsibilities of the Physical Training and Sports Commission, the Peoples Committees of all levels for professional sports

1. The Physical Training and Sports Commission guides the building and development of professional sports; approve the professional sports regulations of the National Sport Federation; examine and inspect professional sport activities.

2. The Peoples Committees of all levels shall have the responsibilities to manage, support and create conditions for building and developing professional sport clubs under the provisions of law.

Chapter V

STATE MANAGEMENT OVER THE NATIONAL SPORT FEDERATION

Article 23.-Tasks and powers of the Physical Training and Sports Commission

The Physical Training and Sports Commission performs the State management of physical training and sports over the National Sport Federation, having the following tasks and powers:

1. To notify programs and plans on physical training and sport development to the National Sport Federation for the latter to draw up activity programs and plans;

2. To recognize competition rules, sport tournament regulation for each sport event at the proposal of the National Sport Federation;

3. To guide and inspect the organization of sport tournaments within the system of annual sport tournaments, international sport tournaments organized in Vietnam by the National Sport Federation;

4. To decide on the setting up of national sport teams for participation in international tournaments; to summon members of the national teams for training and competitions; to adopt training and competition programs and plans of national sport teams at the proposal of the National Sport Federation;

5. To guide and create conditions for the National Sport Federation to participate in international sports cooperation programs in line with the general plan of the physical training and sport service, in accordance with law provisions and with the regulations of the international sport organization of which the Federation is a member;

6. To bestow ranks on athletes, trainers and referees; to recognize ranks bestowed by international sport organizations for Vietnamese athletes, trainers, referees at the proposal of the National Sport Federation;

7. To guide and inspect the implementation of the Charter of the National Sport Federation;

8. To commend and/or reward or propose the Prime Minister or the State President to commend and/or reward organizations and individuals that have recorded outstanding achievements in the activities of the National Sport Federation;

9. To decide or propose the competent agencies to handle organizations and/or individuals who have committed serious errors or law violations in the activities of the National Sport Federation.

Article 24.-Setting up, dissolving the National Sport Federation

The Physical Training and Sports Commission shall coordinate with the Ministry of the Interior in reporting to the Prime Minister for his/her permission to set up or dissolve the National Sport Federation, approve the Charter on organization and operation of the National Sport Federation strictly according to law provisions.

Article 25.-Tasks and powers of the Finance Ministry

The Finance Ministry shall have the responsibility to coordinate with the Physical Training and Sports Commission in guiding and inspecting the reception, management and use of financial sources, assets and financial assistance by the National Sport Federation according to the provisions of law.

Chapter VI

ENSURING FINANCIAL AND LAND CONDITIONS FOR PHYSICAL TRAINING AND SPORT ACTIVITIES

Article26.-Statebudget set aside for physical training and sports

1. The Physical Training and Sports Commission shall coordinate with the Finance Ministry and the Planning and Investment Ministry in elaborating the budget plans for physical training and sports according to the provisions of the State Budget Law.

2. The Peoples Committees at all levels shall have to arrange budgets for physical training and sport activities, investment capital for construction of physical training and sport material foundations in their respective budget estimates according to the current regulations; mobilize and use lawful resources for increase of development investment in the cause pf physical training and sports of their localities.

The physical training and sport management agencies at all levels shall have to manage and use budgets for the right purposes, in accordance with regulations and in an efficient manner.

Article 27.-Contributions and donations for physical training and sports

1. Organizations and individuals that make contributions or donations to physical training and sports are entitled to enjoy the preferential policies as provided for in Clause 1, Article 53 of the Ordinance on Physical Training and Sports. The contributions and donations include: non-refundable aids, financial assistance for non-profit purposes to support the training and fostering of sport talents, heightening the achievements of national sport teams and sport tournaments; physical training and sport humanitarian support; supports for implementation of projects on scientific and technological research and application in the field of physical training and sports.

2. Organizations and individuals that provide financial support for physical training and sports for advertisement or profit purposes shall comply with the provisions of law.

Article 28.-Planning and plans on land use for physical training and sports

1. The elaboration of planning and plans on land use for physical training and sports shall comply with the Governments Decree No.68/2001/ND-CP of October 1, 2001 on planning and plans on land use and the Prime Ministers Directive No.274-TTg of April 27, 1996 on land planning and use in service of the cause of physical training and sport development.

2. The Physical Training and Sports Commission shall base itself on the physical training and sport establishment network planning to register the land use demands with the provincial-level Peoples Committees for the inclusion thereof into the land use planning and plans of the localities.

3. The provincial-level Peoples Committees shall base themselves on the planning of the physical training and sport establishment networks in their respective localities to include the plans on land use for physical training and sports into the land use planning and plans of their respective localities.

Article 29.-Funds in support of development of sport talents

a) The State encourages organizations and individuals to set up funds in support of development of sport talents under the provisions in Article 115 of the Civil Code.

b) The funds in support of development of sport talents are set up and operate under the provisions of the Governments Decree No. 177/1999/ND-CP of December 22, 1999 on promulgating the Regulation on organization and operation of social funds, charity funds with a view to providing financial support for the discovery and training of sport talents.

Chapter VII

IMPLEMENTATION PROVISIONS

Article 30.-This Decree takes implementation effect 15 days after its signing. The previous regulations contrary to this Decree are all hereby annulled.

Article 31.-The Physical Training and Sports Commission shall assume the prime responsibility and coordinate with the concerned ministries and branches in guiding the implementation of this Decree.

Article 32.-The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the Peoples Committees of the provinces and centrally-run cities shall have to implement this Decree.