Nghị định 22/2003/ND-CP

DECREE

DEFINING THE FUNCTIONS, TASKS, POWERS AND ORGANIZATIONAL STRUCTURE OF THE COMMITTEE FOR PHYSICAL TRAINING AND SPORTS

THE GOVERNMENT

Pursuant to the Law on Organization of the Government of December 25, 2001;
Pursuant to Resolution No. 02/2002/QH11 of August 5, 2002 of the XIth National Assembly of the Socialist Republic of Vietnam, first session, promulgating the list of the ministries and ministerial-level agencies of the Government;
Pursuant to the Government’s Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structure of the ministries and ministerial-level agencies;
At the proposal of the Minister-Director of the Committee for Physical Training and Sports,

DECREES:

Article 1.- Position and functions

The Committee for Physical Training and Sports is a ministerial-level agency of the Government, which performs the function of State management over physical training and sports nationwide as well as public services and acts as a representative of the owner of the State capital portions at enterprises operating in the domain of physical training and sports according to the provisions of law.

Article 2.- Tasks and powers

The Committee for Physical Training and Sports shall have to perform the tasks and exercise powers defined in the Government’s Decree No. 86/2002/ND-CP of November 5, 2002 defining the functions, tasks, powers and organizational structure of the ministries and ministerial-level agencies, and the following specific tasks and powers:

1. To submit to the Government and the Prime Minister bills, draft ordinances and other draft legal documents on physical training and sports; development strategies and planning; long-term, five-year and annual plans, national target programs, action programs and important works on physical training and sports;

2. To promulgate decisions, directives and circulars within the ambit of the Committee’s State management;

3. To organize, direct, inspect and bear responsibility for, the implementation of legal documents, strategies, planning, plans, national target programs, action programs after they are approved; to propagate, disseminate and educate in the legislation and information on physical training and sports;

4. Regarding mass physical training and sports:

a/ To organize and direct the building of the contingent of mass physical training and sport instructors; to propagate and guide methods of physical training and sports;

b/ To assume the prime responsibility and coordinate with the Ministry of Defense and the Ministry of Public Security in prescribing physical training standards and regimes in the people’s army and the people’s police;

c/ To assume the prime responsibility and coordinate with branches and localities in surveying physical conditions of people, revitalizing and developing national sports and traditional physical training methods;

d/ To approve competition rules of national tournaments for mass physical training and sports.

5. Regarding the physical training and sports at schools:

a/ To submit to the Government and the Prime Minister for prescription various regimes and policies towards teachers of physical training and sports;

b/ To coordinate with the Ministry of Education and Training in performing the following tasks:

- Formulating programs on physical training education at schools, and directing and organizing the implementation thereof;

- Promulgating the physical training criteria and evaluating physical training results of learners;

- Training and fostering physical training and sport teachers and lecturers;

- Prescribing the system of school physical training and sport competitions.

6. Regarding the high-achievement sports:

a/ To propose the Government and the Prime Minister to prescribe in detail the professional sports, the rights and obligations of athletes, sport trainers and referees;

b/ To propose the Prime Minister to permit the organization of national physical training and sport Olympiads as well as regional, continental and world sport Olympiads and tournaments in Vietnam;

c/ To approve plans and competition regulations for annual organization of national and international sport tournaments for various events and of national sport federations;

d/ To promulgate criteria of and decide on the ranking of athletes, sport trainers and referees; to recognize the ranking of Vietnamese athletes, sport trainers and referees by the international sport organizations;

e/ To promulgate the regulations on selection of athletes into national sport teams; to decide on the setting up of, and directly manage, national sport teams;

f/ To submit to the Prime Minister for promulgation the regulations on conferment of honorable titles on athletes and sport trainers who have recorded outstanding achievements;

g/ To direct and organize the formulation of framework programs on training of athletes, sport trainers and referees; to organize, direct and inspect the implementation of such training programs, contents and plans.

7. To prescribe conditions on, professional and technical standards of, sport facilities, training and competition equipment of physical training and sport establishments and all sports;

8. To work out plans on coordination among the ministries, ministerial-level agencies, agencies attached to the Government, provincial-level People’s Committees, socio-political organizations and social organizations at the central level in performing the tasks in the domain of physical training and sports;

9. To effect international cooperation in the domain of physical training and sports according to the provisions of law;

10. To organize and direct the implementation of plans on scientific research and application of scientific and technological advances in the domain of physical training and sports;

11. To decide on specific undertakings and measures, and direct the implementation of operation mechanisms of public-service organizations in the domain of physical training and sports according to the provisions of law; to manage and direct the operations of non-business organizations of the Committee for Physical Training and Sports;

12. To perform specific tasks and exercise powers within the competence of the State ownership representatives at enterprises with State capital, under the Committee for Physical Training and Sports according to the provisions of law;

13. To perform the State management over operations of associations and non-governmental organizations in the domain of physical training and sports according to the provisions of law;

14. To guide and inspect the national sport federations and associations, national sport teams, committees for organization of national and international sport tournaments in mobilizing and using financing sources;

15. To evaluate and inspect the execution of investment projects in the domain of physical training and sports according to the provisions of law;

16. To inspect, examine and settle complaints and denunciations against corruption and negative phenomena, and handle violations of the legislation on physical training and sports, which fall under the jurisdiction of the Committee for Physical Training and Sports;

17. To decide on, and direct the implementation of, programs on administrative reforms of the Committee for Physical Training and Sports according to the objectives and contents of the State administrative reform programs already approved by the Prime Minister;

18. To manage the organizational apparatus and payroll; direct the implementation of the wage regime as well as regimes and policies of preferential treatment, rewards and disciplines applicable to officials, public servants and State employees managed by the Committee for Physical Training and Sports; to provide professional training and fostering for State officials and employees engaged in the work of physical training and sports;

19. To manage financial sources and assets assigned to it and organize the use of budget allocations according to the provisions of law.

Article 3.- Organizational structure of the Committee

a/ Organizations assisting the Minister-Director of the Committee in performing the State management functions:

1. The Department for Mass Physical Training and Sports;

2. High-Achievement Physical Training and Sports Department I;

3. High-Achievement Physical Training and Sports Department II;

4. The Planning-Finance Department;

5. The Organization and Personnel Department;

6. The Department for International Cooperation;

7. The Legal Department;

8. The Office;

9. The Inspectorate.

b/ The non-business organizations attached to the Committee:

1. Physical Training and Sports University I;

2. Physical Training and Sports University II;

3. The Institute of Physical Training and Sport Science;

4. The National Sport Complex;

5. Vietnam Sport Newspaper;

6. Sport Magazine.

Article 4.- Part-time members of the Committee

The part-time members of the Committee for Physical Training and Sports shall be proposed by the Minister-Director of the Committee for Physical Training and Sports to the Prime Minister for decision.

Article 5.- Implementation effect

This Decree takes effect 15 days after it is published on the Official Gazette and replaces the Government’s Decree No. 03/1998/ND-CP of November 6, 1998 on the functions, tasks, powers and organizational structure of the Committee for Physical Training and Sports.

Article 6.- Implementation responsibility

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