Decree No. 36/2019/ND-CP detailing the Law on Physical Training and Sports

DECREE

Detailing a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Physical Training and Sports^[1]

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

Pursuant to the June 14, 2018 Law Amending and Supplementing a Number of Articles of the Law on Physical Training and Sports;

Pursuant to the November 26, 2014 Law on Investment;

Pursuant to the Law Amending and Supplementing Article 6 and Appendix 4 on the List of Sectors and Trades Subject to Conditional Business Investment of Law No. 67/2014/QH13 on Investment;

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

The Government promulgates the Decree detailing a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Physical Training and Sports.

Chapter I

GENERAL PROVISIONS

Article 1.Scope of regulation

This Decree details a number of articles of the Law Amending and Supplementing a Number of Articles of the Law on Physical Training and Sports on:

1. Regimes and policies for exercising the rights of high-achievement sports athletes and coaches.

2. Conditions for professional sports clubs to conduct sports business activities.

3. Conditions for enterprises to conduct sports business activities.

Article 2.Subjects of application

1. Vietnamese organizations and individuals, foreign organizations and individuals involved in physical training and sports activities in the Vietnamese territory.

2. State management agencies in charge of physical training and sports and organizations and individuals engaged in activities related to physical training and sports.

Chapter II

REGIMES AND POLICIES FOR HIGH-ACHIEVEMENT SPORTS ATHLETES AND COACHES

Article 3.Healthcare and treatment of injuries

1. Units using high-achievement sports athletes shall:

a/ Provide primary health-checks for athletes right after they are selected into sports training facilities and teams;

b/ Provide regular health-checks at least twice a year for athletes;

c/ Provide health-checks for athletes before they participate in high-achievement sports tournaments.

2. A health-check for athletes specified at Points a and b, Clause 1 of this Article shall include the following:

a/ Test and evaluation of physical fitness;

b/ Test and evaluation of general appearance;

c/ Psychological test and evaluation;

d/ Biomedical test and evaluation.

3. The contents of health-checks for athletes specified at Point c, Clause 1 of this Article shall be carried out in accordance with law.

4. High-achievement sports athletes may receive healthcare, functional rehabilitation treatment and injury treatment at domestic medical establishments.

In special cases, the Minister of Culture, Sports and Tourism may decide on overseas treatment of injuries of high-achievement sports athletes who are called to national sports teams for training in preparation for the Asian Games (below referred to as ASIAD) who are expected to win medals, or for the Olympic Games or the games for people with disabilities (below referred to as Paralympic Games).

Article 4.Special nutrition regime

1. High-achievement sports athletes are entitled to a special nutrition regime to ensure sufficient nutrition for their training and competition, including:

a/ Daily meals;

b/ Functional foods.

2. High-achievement sports coaches are entitled to the regime prescribed at Point a, Clause 1 of this Article.

3. The special nutrition regime shall be applied to athletes and coaches during the time of training and competition.

4. High-achievement sports coaches and athletes who are called to national sports teams for the preparation for the Southeast Asian Games (below referred to as SEA Games), ASIAD and Olympic Games are entitled to a nutrition regime higher by 50% at most than that prescribed in Clause 1 of this Article for a period not exceeding 90 days.

5. High-achievement sports coaches and athletes who are called to national sports teams and expected to win gold medals at ASIAD or the Youth Olympic Games and qualify for the Olympic Games and those attending the Paralympic Games are entitled to a nutrition regime higher by 100% at most than that prescribed in Clause 1 of this Article.

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

6. High-achievement sports athletes who are called to national sports teams and expected to win gold medals at ASIAD or to attend the qualifiers and Olympic Games, and athletes attending the Paralympic Games are entitled to functional food provision suitable to special characteristics of their sports under regulations of the Minister of Culture, Sports and Tourism.

7. During their training periods abroad, coaches and athletes are entitled to daily meals as specified in invitation letters or contracts signed between domestic athlete-managing agencies and overseas training facilities.

8. When market prices are equal to (=) or higher (>) by 10% than prices announced by the General Statistics Office of Vietnam, the Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourism in, adjusting levels of spending on nutrition regimes as appropriate.

9. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourism in, specifying special nutrition regimes for coaches and athletes prescribed in this Article.

Article 5.Assurance of the right to receive general and political education

1. For athletes who study at educational institutions or vocational training institutions and are called to national sports teams or provincial-level or sector-level sports teams for training and competition, tuition fees shall be paid by the athlete-using agencies in accordance with law.

2. Athletes who record outstanding achievements in national and international sports tournaments may be considered for exceptional graduation from lower or upper secondary schools in case the period of graduation examination coincides with the period of overseas training or competition in international sports tournaments.

3. Athlete-using agencies shall:

a/ Organize complementary general education classes for high-achievement sports athletes after they attend training and competition in domestic and international sports tournaments; pay expenses for the organization of complementary general education classes for athletes;

b/ Regularly educate and disseminate about patriotic traditions and national pride among athletes; inform and communicate  the domestic and global political, economic and social realities as well as activities of the physical training and sports sector to coaches and athletes;

c/ Encourage and create favorable conditions for coaches and athletes to learn foreign languages and information technology and participate in cultural, artistic and social activities.

Article 6.Preferences in professional training and retraining

Athletes and coaches of national sports teams who have graduated from upper secondary schools and are certified by the Ministry of Culture, Sports and Tourism as having fulfilled their tasks of competing in the Olympic Games, World Championships, World Cup, ASIAD, Asian Championship, Asian Cup, SEA Games, Southeast Asian Championship, Southeast Asia Cup may be given priority in:

1. Direct enrollment for physical training and sports majors or physical education majors in universities and colleges.

2. Appointment for attending in coach training courses or in domestic or overseas training courses for improving professional qualifications and skills.

3. Exemption from, or reduction of, tuition fees, or enjoyment of school fee subsidies in accordance with law.

Article 7.Preferences in vocational training and employment

1. Former athletes of national sports teams or provincial- or sector-level sports teams who wish to receive vocational training and are eligible for vocational training support may be provided with vocational training support under the Government’s Decree No. 61/2015/ND-CP of July 9, 2015, prescribing employment support policies and the National Employment Fund.

2. Olympic Games, ASIAD, SEA Games medalists may be given priority in:

a/ Exceptional recruitment to public sports establishments for suitable vacant working positions;

b/ Recruitment to sports establishments, for athletes having sufficient professional qualifications and capabilities meeting requirements of working positions;

c/ Enjoyment of 100% of salary and allowances applicable to their professional titles corresponding to their working positions during the probation period

Article 8.Other regimes

Salary, financial support for training and competition; social insurance premiums; health insurance premiums; unemployment insurance premiums; occupational accident and disease insurance premiums; premiums of insurance for overseas training and competition, and rewards for achievements for high-achievement sports coaches and athletes during the period of training and competition must comply with the Government’s Decree No. 152/2018/ND-CP of November 7, 2018, prescribing a number of regimes for sports coaches and athletes during the period of training and competition.

Chapter III

CONDITIONS FOR PROFESSIONAL SPORTS CLUBS OR ENTERPRISES TO CONDUCT SPORTS BUSINESS ACTIVITIES

Section 1

CONDITIONS FOR PROFESSIONAL SPORTS CLUBS TO CONDUCT SPORTS BUSINESS ACTIVITIES

Article 9.Professional coaches

A professional coach must satisfy one of the following conditions:

1. Possessing a university degree in sports relevant to activities of his/her professional sport, and having completed a professional coach training course of a national sports federation.

2. Possessing a professional coach certificate granted by a continental or international sports federation.

3. Possessing a foreign professional coach certificate recognized by a continental or international sports federation.

Article 10. Professional athletes

A professional athlete must satisfy the following conditions:

1. Having entered into a labor contract with a professional sports club.

2. Being recognized by a national sports federation as a professional athlete. In case a foreign athlete participates in professional sports competitions in Vietnam, he/she must have an international transfer certificate and a work permit in accordance with the labor law.

Article 11.Medical staff

Permanent medical staffs in professional sports training and competition sessions or medical staffs of medical establishments that have entered into contracts with professional sports clubs to provide first aid and emergency medical treatment to those participating in professional sports activities in case of necessity must possess medical college- or higher-level professional qualifications.

Article 12.Physical foundations and equipment

Physical foundations and equipment for professional sports training and competition must satisfy the relevant national technical regulations, Vietnam standards or international standards and conform with the regulations of international professional sports organizations.

Section 2

CONDITIONS FOR ENTERPRISES TO CONDUCT SPORTS BUSINESS ACTIVITIES

Article 13.Professional staffs

Professional staffs of an enterprise conducting sports business include:

1. Sports training instructors who satisfy one of the following conditions:

a/ Being coaches or grade-2 or higher-grade athletes or the equivalent in conformity with sports activities registered for business;

b/ Possessing intermediate- or higher-level professional qualifications in physical training and sports in conformity with sports activities registered for business;

c/ Having received professional sports training under the regulations of the Minister of Culture, Sports and Tourism.

2. Rescuers.

3. Medical staff.

Article 14.Physical foundations and equipment

Enterprises conducting sports business must have sports physical foundations and equipment satisfying the relevant national technical regulations promulgated by the Minister of Culture, Sports and Tourism.

Article 15.Conditions for enterprises to conduct business in instructor-requiring sports

Enterprises conducting sports business activities that provide sports training instruction services or conduct sports business activities on the list of instructor-requiring sports promulgated by the Minister of Culture, Sports and Tourism must satisfy the following conditions:

1. Having sports instructors as prescribed in Clause 1, Article 13 of this Decree.

2. Having physical foundations and sports equipment as prescribed in Article 14 of this Decree.

Article 16.Conditions for enterprises to conduct business in extreme sports

Enterprises conducting business activities in sports on the list of extreme sports promulgated by the Minister of Culture, Sports and Tourism must satisfy the following conditions:

1. Having sufficient professional staffs as prescribed in Article 13 of this Decree, including:

a/ Sport training instructors;

b/ Rescuers;

c/ Permanent medical staffs or medical staffs of the nearest medical establishment under a written agreement on provision of first aid and emergency treatment to extreme sports athletes in case of necessity.

2. Having physical foundations and sports equipment prescribed in Article 14 of this Decree.

Article 17.Conditions for enterprises to conduct business in water sports

1. Having rescuers.

2. Having physical foundations and sports equipment as prescribed in Article 14 of this Decree.

3. Having lifeboats, for sports activities played on rivers, at sea, on large lakes or streams.

Chapter IV

GRANT, RE-GRANT AND REVOCATION OF CERTIFICATES OF ELIGIBILITY FOR SPORTS BUSINESS OF ENTERPRISES

Article 18.Certificates of eligibility for sports business of enterprises

1. A certificate of eligibility for sports business of an enterprise (below referred to as certificate of eligibility) shall be made according to Form No. 01 provided in the Appendix to this Decree, and must have the following contents:

a/ Name and address of the head office of the enterprise;

b/ Full name of the at-law representative;

c/ Sports business location;

d/ List of sports business activities;

dd/ Certificate serial number, date of grant and granting agency.

2. An enterprise may only conduct sports business activities after it is granted a certificate of eligibility.

Article 19.Dossier of application for certificate of eligibility

A dossier of application for certificate of eligibility must comprise:

a/ An application for certificate of eligibility, made according to Form No. 02 provided in the Appendix to this Decree;

b/ A brief report on the preparation of business conditions for sports activities, made according to Form No. 03 provided in the Appendix to this Decree (enclosed with a copy of the enterprise registration certificate; copies of degrees and certificates of professional staff members if they fall into the cases specified in Articles 15, 16 and 17 of this Decree).

Article 20.Procedures for grant of certificate of eligibility

1. An enterprise shall send one set of dossier to the agency in charge of physical training and sports under the provincial-level People’s Committee of the locality where the sports business location is registered or the enterprise’s head office is located in case the enterprise have many business locations.

The agency in charge of physical training and sports under the provincial-level People’s Committee (below referred to as certificate of eligibility-granting agency) shall give a receipt of dossier to the applicant. In case the dossier needs to be modified or supplemented, the certificate of eligibility-granting agency shall notify directly or in writing contents that need to be modified or supplemented to the applicant within 3 working days after receiving the dossier.

2. Conditions for an enterprise to conduct sports business activities shall be checked under Point b, Clause 2, Article 55 of the Law on Physical Training and Sports, which is amended and supplemented under Clause 24, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Physical Training and Sports.

3. The receipt of a dossier and notification of results shall be carried out at the office of the certificate of eligibility-granting agency or by post or via its electronic network.

Article 21.Re-grant of certificate of eligibility

1. An enterprise may have its certificate of eligibility re-granted in one of the following cases:

a/ One of the contents of the certificate of eligibility specified at Points a, c and d, Clause 1, Article 18 of this Decree is changed;

b/ The certificate of eligibility is lost or damaged.

2. A dossier of request for re-grant of a certificate of eligibility in the case specified at Point a, Clause 1 of this Article must comprise:

a/ A written request for re-grant of the certificate of eligibility, made according to Form No. 04 provided in the Appendix to this Decree;

b/ The granted certificate of eligibility;

c/ Documents proving the change in the contents of the certificate of eligibility.

3. A dossier of request for re-grant of a certificate of eligibility in the case specified at Point b, Clause 1 of this Article must comprise:

a/ A written request for re-grant of the certificate of eligibility, made according to Form No. 04 provided in the Appendix to this Decree;

b/ The damaged certificate of eligibility in case of damage.

Article 22.Procedures for re-grant of a certificate of eligibility

1. An enterprise shall send one set of dossier to the certificate of eligibility-granting agency of the locality where its sports business location is registered or its head office is located in case the enterprise has more than one business location.

The certificate of eligibility-granting agency shall give a receipt of dossier to the requester. In case the dossier needs to be modified or supplemented, the certificate of eligibility-granting agency shall notify directly or in writing contents that need to be modified or supplemented to the requester within 3 working days after receiving the dossier.

2. Within 5 working days after receiving a complete dossier, the certificate of eligibility-granting agency shall appraise the dossier and re-grant the certificate of eligibility. In case of refusal, it shall notify such in writing, clearly stating the reason.

3. The receipt of a dossier and notification of results shall be carried out at the office of the certificate of eligibility-granting agency or by post or via its electronic network.

Article 23.Revocation of eligibility certificates

1. An enterprise may have its certificate of eligibility revoked in one of the following cases:

a/ It has provided inaccurate information in the dossier of application for certificate of eligibility;

b/ It terminates its sports business activities.

2. Procedures for revocation of a certificate of eligibility

a/ Procedures for revocation of a certificate of eligibility in the case specified at Point a, Clause 1 of this Article:

The certificate of eligibility-granting agency shall issue a decision to revoke the certificate; and notify such to related agencies for implementation coordination.

The enterprise shall return the granted certificate of eligibility, and stop all sports business activities immediately after the revocation decision takes effect.

b/ Procedures for revocation of a certificate of eligibility in the case specified at Point b, Clause 1 of this Article:

Within 3 working days after terminating its sports business activities, the enterprise shall return the certificate of eligibility to the certificate of eligibility-granting agency.

Within 3 working days after receiving the certificate of eligibility from the enterprise, the certificate of eligibility-granting agency shall issue a decision to revoke the certificate of eligibility; and notify such to related agencies for implementation coordination.

Chapter V

IMPLEMENTATION PROVISIONS

Article 24.Transitional provisions

1. Within 12 months from the effective date of this Decree, business households and other organizations doing business in extreme sports and instructor-requiring sports shall fully satisfy the business conditions prescribed in Clause 25, Article 1 of the Law Amending and Supplementing a Number of Articles of the Law on Physical Training and Sports and this Decree.

2. Within 24 months from the effective date of this Decree, the Minister of Culture, Sports and Tourism shall promulgate national technical regulations on physical foundations and sports equipment applicable to sports enterprises specified in Article 14 of this Decree.

The regulations on physical foundations and equipment for different sports enacted before the effective date of this Decree will continue to be effective until national technical regulations on physical foundations and equipment for such sports applicable to sports enterprises are promulgated.

Article 25.Effect

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

2.The following legal documentscease to be effective onthe effective date of thisDecree:

a/ Article 11 of the Government’s Decree No. 112/2007/ND-CP of June 26, 2007, detailing and guiding the implementation of a number of articles of the Law on Physical Training and Sports;

b/ The Government’s Decree No. 106/2016/ND-CP of July 1, 2016, prescribing conditions for sports business;

c/ Article 4 of the Government’s Decree No. 142/2018/ND-CP of October 9, 2018, amending a number of regulations on business investment conditions under the state management of the Ministry of Culture, Sports and Tourism;

d/ The Prime Minister’s Decision No. 67/2008/QD-TTg of May 26, 2008, on special nutrition regimes for high-achievement sports athletes and coaches;

dd/ The Prime Minister’s Decision No. 82/2013/QD-TTg of December 31, 2013, on a number of special policies for outstanding coaches and athletes.

Article 26. Organization of implementation

1. The Ministry of Culture, Sports and Tourism shall organize the implementation of this Decree.

2. Ministers, heads of ministerial-level agencies, heads of government-attached agencies and chairpersons of provincial-level People’s Committees shall implement this Decree.-

On behalf of the Government
Prime Minister
NGUYEN XUAN PHUC

* The Appendix to this Decree is not translated.