Decree No. 46/2019/ND-CP penalties for administrative violations in sports

THE GOVERNMENT

Decree No.  46/2019/ND-CP dated May 27, 2019 of the Government on penalties for administrative violations in sports

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

Pursuant to the Law on Actions against Administrative Violations dated June 19, 2012;

Pursuant to the Law on Physical Training and Sports dated November 29, 2006 and the Law on amending the Law on Physical Training and Sports dated June 14, 2018;

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

The Government issues the Decree on penalties for administrative violations in sports.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of adjustment

1. This Decree sets forth violations, penalties, amounts of fines, remedial measures; power to impose penalties and power to make administrative offense reports in sports.

2. Other administrative violations in sports not elsewhere set forth in this Decree shall apply regulations of other decrees of the Government on penalties for administrative violations in relevant sectors.

Article 2. Subject of application

1. Vietnamese organizations and individuals engaging in sports in Vietnam’s territory and abroad. Foreign organizations and individuals engaging in sports in Vietnam’s territory.

2. Organizations prescribed in Clause 1 of this Article shall include:

a) Regulatory agencies committing violations under the state scope of management;

b) Enterprises incorporated and operating under Vietnam’s law; branches and representative offices of foreign enterprises operating in Vietnam;

c) Representative offices in Vietnam of foreign agencies, international organizations;

d) Entities in sport;

dd) Sports socio-professional organizations;

e) Sport clubs;

g) Legal entities under civil law or other organizations established in accordance with legal regulations.

3. Entities engaged in administrative violations in sports not specified in Clause 2 of this Article shall have penalties as individuals.

4. Competent entity to make administrative violation reports; persons competent to impose administrative penalties in sports.

5. Other relevant agencies, organizations, and individuals in sports.

Article 3. Penalties

1. Forms of administrative violations

For each administrative violation in sports, entities engaged in administrative violations must have principal penalties as follows:

a) Warnings;

b) Fines.

2. Additional penalties

Depending on nature and severity of the administrative violation in sports, entities engaged in administrative violations may face single or multiple additional penalty(ies) below:

a) Suspension of the certificate of eligibility for sports business for 1 to 6 months;

b) Confiscation of materials, equipment and devices for training, performance and competition in sports which were used for administrative violations;

c) Mandatory suspension of sports operation for 01 to 03 months;

d) Mandatory suspension of sports operation for 03 to 06 months;

dd) Mandatory suspension of participation in sports tournaments for 01 to 03 months;

e) Mandatory suspension of participation in sports tournaments for 03 to 06 months;

g) Mandatory suspension of organization of sports tournaments for 01 to 03 months;

h) Mandatory suspension of organization of sports tournaments for 03 to 06 months.

Article 4. Measures of remedy

As for each administrative violation, apart from penalties, the entities engaged in administrative violations may have single or multiple remedial measure(s) below:

1. Enforced to transfer of the profits earned from administrative violations.

2. Enforced to cancel the grades awarded to athletes, coaches, referees of high-achievement sports.

3. Enforced to cancel the sport competition result or athletes selection result to sports team, sports aptitude schools; or sports competition achievements.

4. Enforced to cancel the manual methods forbidden in sports training and competition.

5. Enforced to have public apology.

Article 5.  Fines and power for administrative violations in sports

1. A fine of  VND 50,000,000 in case of individuals or up to VND 100,000,000 in case of organizations shall be imposed on each administrative violation in sports.

2. Fines prescribed in this Decree shall be levied on individuals except for the cases in Clause 2 Article 10, Clause 2 Article 11, Articles 13, 14, 16, Clause 2 Article 17 and Clause 2 Article 20 hereof. For a same administrative violation, the amount of fine levied on organizations will be equal to twice of the amount of fine levied on individuals.

3. Power to impose fines of competent entities specified in Chapter III of this Decree only applies to administrative violations of individuals; the power to impose fines on organizations will be equal to twice of the former power.

Chapter II

ADMINISTRATIVE VIOLATIONS, PENALTIES AND REMEDIAL MEASURES

Article 6. Violations against regulations on doping in sports training and competition

1. To impose a fine of from VND 10,000,000 to VND 15,000,000 for using the stimulants under the list of banned stimulants in sports training and competition.

2. To impose a fine of from VND 15,000,000 to VND 20,000,000 for shielding or enabling athletes to use stimulants under the list of banned stimulants in sports training and competition.

3. Additional penalties:

a) Mandatory suspension of participation in sports tournaments for 1 to 3 months imposed for the violation prescribed in Clause 1 hereof;

b) Mandatory suspension of participation in sports tournaments for 3 to 6 months imposed for the violation prescribed in Clause 2 hereof.

4. Remedial measures:

Enforced cancellation of sport competition result or athletes selection result to sports team, sports aptitude schools; or sports competition achievements imposed for the violations prescribed in Clause 1 and Clause 2 hereof.

Article 7. Violations against regulations on methods banned in sports training and competition

1. To impose a fine of from VND 5,000,000 to VND 10,000,000 for using exercises, sports or methods of sports training and competition reflecting the nature of pornography, debauchery, incitement to violence, contravention of social ethics, fine customs and traditions and cultural identity of Vietnam.

2. To impost a fine of from VND 10,000,000 to VND 15,000,000 for using exercises, sports or methods of sports training and competition causing danger to life, health of trainees, athletes, except for exercises, sports or methods of sports training and competition in accordance with the legal regulations.

3. Additional penalties:

a) Confiscation of materials, equipment and devices for training, performance and competition in sports imposed for the violations prescribed in Clause 1 and Clause 2 hereof;

b) Mandatory suspension of participation in sports tournaments for 3 to 6 months imposed for the violation prescribed in Clause 1 and Clause 2 hereof.

4. Remedial measures:

Enforced cancellation of manuals of methods banned in sports training and competition imposed for the violations prescribed in Clause 1 and Clause 2 hereof.

Article 8. Violations against regulations on fraud in sports

1. To impose a fine of from VND 5,000,000 to VND 10,000,000 for cheating on name, age, gender, achievements in order to be admitted to sports teams, sports schools for the gifted or sports competition.

2. To impose a fine of from VND 10,000,000 to VND 15,000,000  for shielding, enticing, forcing others to cheat on sports activities.

3. To impose a fine of from VND 15,000,000 to VND 20,000,000 for falsifying sports competition results.

4. Additional penalties:

a) Mandatory suspension of participation in sports tournaments for 1 to 3 months imposed for the violation prescribed in Clause 1 hereof;

b) Mandatory suspension of participation in sports tournaments for 3 to 6 months imposed for the violation prescribed in Clause 3 hereof.

5. Remedial measures:

a) Enforced cancellation of sport competition result or athletes selection result to sports team, sports aptitude schools; or sports competition achievements imposed for the violations prescribed in Clause 1 and Clause 3 hereof;

b) Enforced transfer of the profits earned from administrative violations prescribed in Clause 1 and Clause 3 hereof.

Article 9. Violations in banned violence regulations in sports

1. To impose a fine of from VND 15,000,000 to VND 20,000,000 for insulting, reviling, offending dignity and honor; threatening to infringe health, life; showing inappropriate behavior against the ethics, fine customs and traditions, traditional culture of Vietnam when participating in sports activities.

2. To impose a fine of from VND 20,000,000 to VND 25,000,000  for deliberately causing trauma, playing roughly adversely affecting other people's health in sports training and competition.

3. Additional penalties:

Mandatory suspension of participation in sports tournaments for 3 to 6 months imposed for the violation prescribed in Clause 2 hereof.

4. Remedial measures: