Law amending Law on Physical Training and Sports, Law No. 26/2018/QH14

ORDER

On the promulgation of law^[1]

THE PRESIDENT OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to Articles 88 and 91 of the Constitution of the Socialist Republic of Vietnam;

Pursuant to Article 80 of the Law on Promulgation of Legal Documents,

PROMULGATES:

The Law Amending and Supplementing a Number of Articles of the Law on Physical Training and Sports,

which was passed on June 14, 2018, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 5^thsession.-

President of the Socialist Republic of Vietnam
TRAN DAI QUANG

Law

Amending and Supplementing a Number of Articles of the Law on Physical Training and Sports^[2]

Pursuant to the Constitution of the Socialist Republic of Vietnam;

The National Assembly promulgates the Law Amending and Supplementing a Number of Articles of Law No. 77/2006/QH11 on Physical Training and Sports.

Article 1.To amend and supplement a number of articles of the Law on Physical Training and Sports

1. To amend and supplement Clause 3, Article 4 as follows:

“3. To prioritize investment in the development of physical training and sports in areas with extremely difficult socio-economic conditions, and the development of swimming, traditional martial arts and national sports.”

2. To amend and supplement Article 10 as follows:

a/ To amend and supplement Clause 1, Article 10 as follows:

“1. Taking advantage of physical training and sports activities to infringe upon national interests or lawful rights and interests of organizations and individuals; or harming human health, life, honor, dignity or reputation. Conducting physical training and sports activities that run counter to social  ethics, fine customs and traditions or cultural identities of the nation.”

b/ To add the following Clause 7 to Article 10:

“7. Organizing illegal sports betting; or illegally carrying out sports betting.”

3. To amend and supplement Article 11 as follows:

a/ To add the following Clause 1a to Article 11:

“1a. Mass physical training and sports activities mean voluntary activities of physical training and sports training, performance and competition for the purpose of improving trainees’ physical and spiritual health.”

b/ To add the following Clauses 6 and 7 to Article 11:

“6. Organizations and individuals are entitled to preferential policies in accordance with law in socialization of construction investment in, and operation of, sports facilities in service of mass physical training and sports activities.

7. Children, pupils, students, the elderly, people with disabilities, people with meritorious service to the revolution, ethnic minority people residing in areas with extremely difficult socio-economic conditions, and other subjects are entitled to exemption from or reduction of fares, or prices of physical training and sports services at sports establishments under the Government’s regulations.”

4. To amend and supplement Article 12 as follows:

a/ To amend and supplement Clause 2, Article 12 as follows:

“2. Mass physical training and sports movements shall be evaluated based on the following criteria:

a/ Number of people habitually doing physical exercises;

b/ Number of sports families;

c/ Number of physical training and sports collaborators;

d/ Number of sports clubs;

dd/ Number of sports facilities;

e/ Number of annual sports tournaments.”

b/ To add the following Clause 3 to Article 12:

“3. The Minister of Culture, Sports and Tourism shall detail Clause 2 of this Article.”

5. To amend and supplement Article 13 as follows:

“13. Competence to decide on the organization of mass sports tournaments

1. The Prime Minister may decide to organize the following sports tournaments:

a/ Regional, continental and world games held in Vietnam for people with disabilities at the proposal of the Minister of Culture, Sports and Tourism;

b/ Regional, continental and world games held in Viet Nam for pupils and students; and the national Phu Dong Sports Festival for pupils at the proposal of the Minister of Education and Training;

c/ Regional, continental and world games held in Vietnam for the armed forces at the proposal of the Minister of National Defense or Minister of Public Security.

2. The Minister of Education and Training, Minister of National Defense and Minister of Public Security may, within the ambit of their tasks and powers, decide to organize regional, continental and world tournaments of each sport in Vietnam for pupils, students or the armed forces.

3. The Minister of Culture, Sports and Tourism may decide to organize regional, continental and world tournaments for each sport in Vietnam for people with disabilities and national-level mass sports tournaments.

4. People’s Committees at all levels may decide to organize mass sports tournaments in their localities.

5. Agencies and organizations may decide to organize mass sports tournaments within the ambit of their tasks and powers.

6. Agencies and organizations that decide to organize mass sports tournaments shall comply with this Law and prescribe the contents, forms, remuneration and prizes of the tournaments and ensure funds for the organization of the tournaments.”

6. To amend and supplement Article 21 as follows:

a/ To amend and supplement Clauses 1 and 2, Article 21 as follows:

“1. The State shall adopt policies to reserve land and invest in the construction of physical foundations for physical education and sports activities in schools, and ensure a sufficient number of physical training and sports teachers and lecturers for all education and training levels; and prioritize the development of swimming, traditional martial arts and national sports.

2. Within the ambit of their tasks and powers, the Minister of Education and Training and Minister of Labor, War Invalids and Social Affairs shall:

a/ Set criteria for physical foundations, and physical training and sports equipment and devices for physical education at all education and training levels;

b/ Prescribe the number of and professional standards for physical training and sports teachers and lectures at all education and training levels;

c/ Develop and promulgate programs for physical education, training and retraining of physical training and sports teachers and lecturers, and guide the contents of extracurricular sports activities in schools;

d/ Promulgate criteria for assessment and classification of physical strength of pupils and students.”

b/ To add the following Clause 5 to Article 21:

“5. Ministries, ministerial-level agencies and provincial-level People’s Committees shall prescribe the responsibility for coordination between public sports establishments under their management and education institutions in using sports facilities for physical education and sports activities in schools.”

7. To amend and supplement Article 22 as follows:

a/ To amend and supplement Clause 1, Article 22 as follows:

“1. To organize the implementation of the program of the physical education subject under regulations of the Minister of Education and Training and Minister of Labor, War Invalids and Social Affairs.”

b/ To add the following Clause 6 to Article 22:

“6. To encourage and create favorable conditions for the development of swimming, traditional martial arts and national sports; to establish sports clubs of pupils and students.”

8. To amend and supplement Clause 4, Article 23 as follows:

“4. To be entitled to a special allowance regime under the Government’s regulations.”

9. To amend and supplement Article 25 as follows:

“Article 25. Sports competitions in schools

1. The Ministry of Education and Training, Ministry of Labor, War Invalids and Social Affairs and People’s Committees at all levels shall organize sports competitions in order to develop physical training and sports movements in schools.

2. Schools shall organize sports competitions at least once per academic year. The contents and forms of, and regulations on, sports competitions must suit the age-based physio-psychological characteristics of pupils/students and physical foundation conditions of schools.”

10. To amend and supplement Clause 3, Article 27 as follows:

“3. To organize sports training and competition with application of professional operations for work and combat purposes and high-achievement sports.”

11. To amend and supplement Article 31 as follows:

“Article 31. Development of high-achievement sports

1. High-achievement sports mean systematic sports training and competition of coaches and athletes for reaching sports achievements and records.

2. The State shall adopt policies to develop high-achievement sports, invest in modern physical foundations and equipment and devices; train and retrain athletes and coaches up to national and international levels; organize high-achievement sports competitions and participate in international sports tournaments; and encourage organizations and individuals to participate in high-achievement sports development; and adopt special policies toward female athletes and coaches in training and competition activities.”

12. To amend and supplement Article 32 as follows:

“Article 32. Rights and obligations of high-achievement sports athletes

1.  High-achievement sports athletes have the following rights:

a/ To be supplied with equipment, devices and means for sports training and competition;

b/ To receive medical care and treatment of their injuries during the time of sports training and competition;

c/ To be entitled to a special nutrition regime, salary and financial support for sports training and competition in accordance with law;

d/ To take safety measures in sports training and competition activities;

dd/ To be covered by occupational accident and disease insurance, health insurance, social insurance and unemployment insurance and enjoy insurance benefits in accordance with law;

e/ To receive general, political and professional education;

g/ Athletes who record outstanding achievements in national and international sports tournaments are entitled to preferences in terms of professional training and retraining, healthcare and reward and other preferences in accordance with law;

h/ Athletes who are no longer able to compete may be assisted by the State in job training and employment in accordance with law; and prioritized in recruitment to sports establishments;

i/ Athletes of national sports teams and provincial- or sector-level sports teams who suffer accidents during the time of sports training and competition and therefore lose their working capacity or die, and their relatives are entitled to an allowance regime in accordance law.

2. High-achievement sports athletes have the following obligations:

a/ To effortfully train and compete for high achievements;

b/ To follow training programs and plans set by their coaches;

c/ To abide by the competition rules of sports and rules of sports tournaments.

d/ To improve their ethical qualities and sense of discipline; to elevate their will and national pride.

3. The Government shall detail Points b, c, dd, e, g, h and i, Clause 1 of this Article.”

13. To amend and supplement Article 33 as follows:

“Article 33. Rights and obligations of high-achievement sports coaches

1. High-achievement sports coaches have the following rights:

a/ To be entitled to salary and special nutrition regime in accordance with law;

b/ To be supplied with equipment and devices for sports training activities;

c/ To take safety measures in sports training;

d/ To receive training in order to raise their political knowledge and professional qualifications;

dd/ To be covered by occupational accident and disease insurance, health insurance, social insurance and unemployment insurance and enjoy insurance benefits in accordance with law;

e/ Coaches of athletes who record outstanding achievements in national and international sports tournaments are entitled to preferences in terms of professional training and retraining, healthcare and reward and other preferences in accordance with law;

2. High-achievement sports coaches have the following obligations:

a/ To select athletes;

b/ To manage and educate athletes;

c/ To elaborate sports training plans and programs, and implement such plans and programs after they are approved by athlete employers;

d/ To take measures to ensure safety for athletes in sports training and competition activities;

dd/ To abide by the competition rules of sports and rules of sports tournaments.

3. The Government shall detail Points a, dd and e, Clause 1 of this Article.”

14. To amend and supplement Article 37 as follows:

“Article 37. High-achievement sports tournaments

1. Regional, continental and world games held in Vietnam.

2. National games.

3. Regional, continental and world championships and junior championships for each sport held in Vietnam.

4. Annual national championships and national junior tournaments for each sport.

5. Tournaments and competitions organized or hosted by a national sports federation or international sports federation.

6. Provincial-level championships for each sport.

7. Other high-achievement sports tournaments and competitions organized by provincial-level sports federations.”

15. To amend and supplement Article 38 as follows:

“Article 38. Competence to decide on the organization of high-achievement sports tournaments

1. The Prime Minister may decide to organize sports tournaments specified in Clauses 1 and 2, Article 37 of this Law at the proposal of the Minister of Culture, Sports and Tourism.

2. The Minister of Culture, Sports and Tourism may decide to organize sports tournaments specified in Clauses 3 and 4, Article 37 of this Law at the proposal of a national sports federation.

3. Chairpersons of provincial-level People’s Committees may decide to organize:

a/ The sports tournaments specified in Clause 5, Article 37 of this Law at the proposal of the president of a national sports federation or at-law representatives of the hosting organizations in case a national sports federation has not been formed yet;

b/ The sports tournaments specified in Clause 6, Article 37 of this Law at the proposal of heads of specialized agencies in charge of physical training and sports under provincial-level People’s Committees;

c/ The sports tournaments specified in Clause 7, Article 37 of this Law at the proposal of presidents of provincial-level sports federations.”

16. To add the following Article 38a:

“Article 38a. Competence to promulgate competition rules of sports

1. The president of a national sports federation may decide to promulgate competition rules of sports or to apply competition rules of sports promulgated by a international sports federation.

2. In case a national sports federation has not been formed yet, the Minister of Culture, Sports and Tourism may decide to promulgate competition rules of sports or to apply the competition rules of sports promulgated by a international sports federation.”

17. To amend and supplement Article 39 as follows:

“Article 39. Competence to promulgate rules of high-achievement sports tournaments

1. The rules of sports tournaments specified in Clauses 1 and 3, Article 37 of this Law must comply with regulations of international sports organizations.

2. The Minister of Culture, Sports and Tourism may approve the rules of sports tournaments specified in Clause 2, Article 37 of this Law.

3. The president of a national sports federation may approve the rules of sports tournaments specified in Clauses 4 and 5, Article 37 of this Law.

In case a national sports federation has not been formed yet, the Minister of Culture, Sports and Tourism may approve the rules of sports tournaments specified in Clauses 4 and 5, Article 37 of this Law.

4. Presidents of provincial-level sports federations may approve the rules of sports tournaments specified in Clauses 6 and 7, Article 37 of this Law.

In case a provincial-level sports federation has not been formed yet, the head of the agency in charge of physical training and sports under the provincial-level People’s Committee may approve the rules of sports tournaments specified in Clauses 6 and 7, Article 37 of this Law.”

18. To amend and supplement Article 40 as follows:

“Article 40. Procedures for hosting high-achievement sports tournaments

1. An organization that wishes to host a high-achievement sports tournament shall send a dossier of request for hosting a high-achievement sports tournament as specified in Clause 2 of Article directly, by post or online to an agency competent to decide on the organization of high-achievement sports tournaments.

2. A dossier of request for hosting a high-achievement sports tournament must comprise:

a/ A written request for hosting a sports tournament, clearly stating the name of the tournament, purpose and projected time and place for organization of the tournament, number of athletes to participate in the tournament, physical foundations, technical equipment and devices and funding sources for the tournament, and measures to ensure order and safety for the tournament;

b/ Rules of the tournament;

c/ A competition program.

2. Within thirty days after receiving a complete and valid dossier, the person competent to decide on the organization of sports tournaments defined in Clause 1 or 2, Article 37 of this Law shall decide on the organization of the tournament; in case of refusal, he/she shall notify such in writing, clearly stating the reason.

Within ten days after receiving a complete and valid dossier, the person competent to decide on the organization of sports tournaments defined in Clauses 3 thru 7, Article 37 of this Law shall decide on the organization of the tournament; in case of refusal, he/she shall notify such in writing, clearly stating the reason.”

19. To amend and supplement Article 44 as follows:

a/ To amend and supplement Clause 2, Article 44 as follows:

“2. The State shall encourage organizations and individuals to establish professional sports clubs, train athletes and coaches and organize professional sports competitions.”

b/ To add the following Clause 3 to Article 44:

“3. Professional sports clubs are entitled to preferential policies in accordance with law to serve professional sports activities.”

20. To amend and supplement Article 49 as follows:

“Article 49. Professional sports clubs

1. Professional sports club means an enterprise providing training for athletes and organizing professional sports competitions.

2. Professional sports clubs are members of national sports federations.

3. Professional sports clubs shall comply with regulations of national sports federations or international sports federations when participating in professional sports competitions organized by such sports federations.”

21. To amend and supplement Article 50 as follows:

“Article 50. Conditions for professional sports clubs to conduct sports business activities

1. Conditions for a professional sports club to conduct sports business activities:

a/ Having a contingent of sports personnel who meet the requirements of professional sports activities;

b/ Having professional athletes and professional coaches;

c/ Having physical foundations, equipment and devices suitable to professional sports activities.

2. The Government shall detail Clause 1 of this Article.”

22. To amend and supplement Clauses 2, 3 and 4, Article 51 as follows:

“2. Business registration agencies shall grant enterprise registration certificates to professional sports clubs under the law on enterprises.

3. A professional sports club may only conduct sports business activities after it is granted a certificate of eligibility for sports business by the agency in charge of physical training and sports under the provincial-level People’s Committee under Article 50 of this Law.

4. A dossier of application for a certificate of eligibility for sports business must comprise:

a/ An application for a certificate of eligibility for sports business;

b/ A copy of the enterprise registration certificate;

c/ A brief report on the preparation of business conditions specified in Article 50 of this Law.

Within seven working days after receiving a complete and valid dossier, the agency in charge of physical training and sports under the provincial-level People’s Committee shall check the professional sports club’s sports business conditions specified in Article 50 of this Law and grant a certificate of eligibility for sports business; in case of refusal, it shall notify such in writing, clearly stating the reason.”

23. To amend and supplement Clause 2, Article 54 as follows:

“2. Sports establishments shall operate as sports non-business units, business households or other organizations carrying out sports business.”

24. To amend and supplement Article 55 as follows:

“Article 55. Conditions for enterprises to conduct sports business activities

1. Conditions for an enterprise to conduct sports business activities:

a/ Having a contingent of professional employees who meet the operation requirements;

b/ Having physical foundations, equipment and devices meeting the requirements of sport activities.

2. A dossier of application for a certificate of eligibility for sports business must comprise:

a/ An application for a certificate of eligibility for sports business;

b/ A brief report on the preparation of the business conditions specified in Clause 1of this Article.

Within seven working days after receiving a complete and valid dossier, the agency in charge of physical training and sports under the provincial-level People’s Committee shall check the enterprise’s sports business conditions specified in Clause 1of this Article and grant a certificate of eligibility for sports business; in case of refusal, it shall notify such in writing, clearly stating the reason.

3. The Government shall detail Clause 1 of this Article.”

25. To amend and supplement Article 56 as follows:

“Article 56. Business households and other organizations carrying out sports business

1. Business households and other organizations carrying out sports business shall comply with this Law and the law on enterprises.

2. Business households and other organizations wishing to do business in extreme sports and instructor-requiring sports shall register for the establishment of enterprises and fully satisfy the business conditions for extreme sports and instructor-requiring sports under the Government’s regulations.”

26. To amend and supplement Article 65 as follows:

a/ To amend and supplement Clause 1, Article 65 as follows:

“1. In relevant master plans, projects on the construction of schools, urban centers, residential areas, industrial parks, hi-tech parks or barracks of the people’s armed forces units must reserve land areas for the construction of sports facilities under the Government’s regulations.”

b/ To amend and supplement Clause 4, Article 65 as follows:

“4. When formulating land use plans, competent state agencies shall reserve land areas for physical training and sports in conformity with master plans on the network of cultural and sports establishments.”

c/ To add the following Clause 5 to Article 65:

“5. In case of changing the use purpose of land for physical training and sports facilities, competent agencies shall allocate corresponding land areas as substitutes.”

27. To add the following Article 67a:

“ Article 67a. Sports betting

1.  Sports betting means a form of prize entertainment whereby bettors predict the results of sport events to be used for betting business.

2. Sports betting business must adhere to the following principles:

a/ Sports betting business is a conditional business line and subject to strict control by competent state agencies;

b/ Only enterprises that are granted a certificate of eligibility for sports betting business by competent state agencies may conduct sports betting business;

c/ Sports betting business activities must ensure transparency, objectivity and honesty and guarantee lawful rights and interests of involved parties;

d/ The currency used in sports betting and paying out prizes is Vietnam dong.

3. The Government shall decide on the list of sports activities where sports betting business is permitted, and stipulate in detail sports betting business.”

28. To amend and supplement Clause 6, Article 69 as follows:

“6. To enjoy state funds for the performance of tasks assigned by the State under the Law on the State Budget.”

29. To amend and supplement Article 71 as follows:

a/ To amend and supplement Clause 5, Article 71 as follows:

“5. To enjoy state funds for the performance of tasks assigned by the State under the Law on the State Budget.”

b/ To add the following Clause 12 to Article 71:

“12. To recognize physical foundations, equipment and devices eligible for the organization of high-achievement sports tournaments.”

30.To annual Article 79.

Article 2.To replace a number of phrases in a number of articles of the Law on Physical Training and Sports

1. To replace the word “ratification” with the word “approval” in Clause 3 of Article 68, Clause 3 of Article 70, and Clause 2 of Article 72.

2. To replace the phrase “the Committee for Physical Training and Sports” with the phrase “the Ministry of Culture, Sports and Tourism” in Clauses 2 and 3 of Article 5, Clause 2 of Article 16, Article 19, Clause 4 of Article 69, and Clause 9 of Article 71.

3. To replace the phrase “the Minister-Director of the Committee for Physical Training and Sports” with the phrase “the Minister of Culture, Sports and Tourism” at Point b, Clause 2 of Article 28, in Clause 4 of Article 35, and Clause 3 of Article 42, at Point a, Clause 2 of Article 57, and in Clause 4 of Article 61.

Article 3.Effect

This Law takes effect on January 1, 2019.

This Law was passed on June 14, 2018, by the XIV^thNational Assembly of the Socialist Republic of Vietnam at its 5^thsession.-

Chairwoman of the National Assembly
NGUYEN THI KIM NGAN