Nghị định 106/2016/ND-CP

DECREE

PRESCRIBING CONDITIONS FOR SPORTS BUSINESS

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

Pursuant to the November 29, 2006 Law on Physical Training and Sports;

Pursuant to the November 26, 2014 Law on Investment;

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

The Government promulgates the Decree prescribing conditions for sports business.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Decree prescribes conditions for sports business and the grant of certificates of eligibility for doing the sports business.

Article 2. Subjects of application

This Decree applies to sports business establishments and organizations and individuals involved in sports business.

This Decree does not apply to professional sports clubs.

Article 3. Interpretation of terms

In this Decree, the terms below are construed as follows:

1. Sports business means the use of sports physical foundations and equipment to provide one, several or all of sports training instruction, training, performance and competition services for profit-making purposes.

2. Sports business establishment means an enterprise, a household or another establishment having the sports business function.

3. Extreme sport means a sports activity performed under dangerous conditions and required to strictly observe training methods and requirements in order to ensure safety for the health and life of participants in the activity.

Article 4. Charge for appraisal for grant of certificates of eligibility for doing the sports business

The collection, payment, management and use of the charge for appraisal for the grant of certificates of eligibility for doing the sports business (below referred to as certificate of eligibility) must comply with the law on charges and fees.

Chapter II

CONDITIONS FOR DOING THE SPORTS BUSINESS

Article 5. Conditions for doing the sports business

1. A sports business establishment must satisfy the following conditions:

a/ Having sports physical foundations and equipment satisfying requirements of sports set by the Minister of Culture, Sports and Tourism;

b/ Having financial sources ensuring the sports business. These financial sources shall be ensured by the sports business establishment itself;

c/ Having technical employees for the sports business as required in Clauses 2 and 3 of this Article.

2. A sports business establishment that falls into either of the following cases must have sports training instructors as prescribed in Clause 1, Article 6 of this Decree:

a/ Providing the sports training instruction service;

b/ Doing the sports business on the list of sports requiring training instructors. This list shall be issued by the Minister of Culture, Sports and Tourism.

3. An extreme sports business establishment must have sufficient technical employees as follows:

a/ Sports training instructors as prescribed in Clause 1, Article 6 of this Decree;

b/ Rescue employees as prescribed in Clause 2, Article 6 of this Decree;

c/ Standing health workers as prescribed in Clause 3, Article 6 of this Decree or the establishment must have a written agreement signed with the nearest health establishment on first aid or emergency aid rendered by health workers for extreme sportsmen in necessary cases.

The list of extreme sports shall be issued by the Minister of Culture, Sports and Tourism.

Article 6. Conditions on technical employees

The conditions on technical employees of a sports business establishment referred to in Clauses 2 and 3, Article 5 of this Decree are prescribed below:

1. A sports training instructor must satisfy one of the following conditions:

a/ Being a trainer or an athlete suitable to the registered sports business who has reached the second or equivalent or higher professional rank;

b/ Possessing a secondary or higher diploma in sports or gymnastics suitable to the registered sports business;

c/ Having been trained in sports under regulations of the Minister of Culture, Sports and Tourism.

2. A rescue employee at a sports business establishment must have received professional training under regulations of the Minister of Culture, Sports and Tourism.

3. A health worker at a sports business establishment must possess a secondary or higher diploma in medicine.

Article 7. Business conditions for some specific sports

1. Business conditions for indoor sports and sports on training grounds

a/ The conditions specified in Article 5 of this Decree;

b/ Having a sufficient area of indoor training ground meeting requirements of sports activities as prescribed by the Minister of Culture, Sports and Tourism.

2. Business conditions for sports in the airspace, sea, rivers, lakes, mountains and other public places:

a/ The conditions specified in Article 5 of this Decree;

b/ Having an area for the sports business in the airspace, sea, rivers, lakes, mountains or other public places. This area shall be determined by the sports business establishment itself.

3. Business conditions for sports in swimming pools:

a/ The conditions specified in Article 5 of this Decree;

b/ Swimming pool water must satisfy the set quality criteria for ordinary residential water.

Article 8. Assurance of sports business conditions

1. A sports business establishment shall maintain the conditions as prescribed in this Decree throughout its sports business.

2. An enterprise may commence its sports business from the time it is granted a certificate of eligibility.

3. A household or another establishment may commence its sports business only when it satisfies all the conditions prescribed in this Decree.

Chapter III

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

Article 9. Certificate of eligibility

1. A certificate of eligibility shall be made according to Form No. 01 in the Appendix to this Decree, containing the following principal details:

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

b/ Sports business location;

c/ List of sports;

d/ Serial number, date of grant and granting agency of the certificate.

2. The agencies that are responsible for granting certificates of eligibility (certificate-granting agencies) are provincial-level People’s Committees or provincial-level Departments of Culture, Sports and Tourism (or Departments of Culture and Sports) when so authorized.

Article 10. Dossier of application for a certificate of eligibility

A dossier of application for a certificate of eligibility must comprise:

1. An application, made according to Form No. 02 in the Appendix to this Decree.

2. A brief report on the preparation of the sports business conditions, made according to Form No. 03 in the Appendix to this Decree (enclosed with a copy of the business registration certificate and copies of diplomas and certificates of technical employees in the cases prescribed in Clauses 2 and 3, Article 5 of this Decree).

Article 11. Procedures for grant of a certificate of eligibility

1. An enterprise shall send 1 dossier of application for a certificate of eligibility to the certificate-granting agency in the place where its business place is registered.

The certificate-granting agency shall issue a dossier receipt to the enterprise. If the dossier needs to be modified and supplemented, within

3 working days after receiving it, the certificate-granting agency shall notify contents that need to be modified and supplemented directly or in writing to the enterprise.

2. Within 7 working days after receiving a complete dossier as required, the certificate-granting agency shall organize appraisal of the conditions for grant of a certificate of eligibility and grant such certificate. If refusing to grant a certificate, the certificate-granting agency shall issue a written reply, clearly stating the reason.

3. The receipt of dossiers and notification of results shall be effected at the head office of the certificate-granting agency, by post or online.

Article 12. Procedures for re-grant of a certificate of eligibility

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

a/ There is a change in one of the contents of its certificate of eligibility prescribed at Points a, b and c, Clause 1, Article 9 of this Decree;

b/ Its certificate of eligibility is lost or damaged.

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

a/ A written request made according to Form No. 04 in the Appendix to this Decree;

b/ The granted certificate of eligibility;

c/ Documents proving the change in a content of the certificate of eligibility.

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

a/ A written request made according to Form No. 04 in the Appendix to this Decree;

b/ The damaged certificate of eligibility, if it is damaged.

Article 13. Procedures for re-grant of a certificate of eligibility

1. An enterprise shall send 1 dossier of request for re-grant of a certificate of eligibility to the certificate-granting agency in the place where its business place is registered.

The certificate-granting agency shall issue a dossier receipt to the enterprise. If the dossier needs to be modified and supplemented, within

3 working days after receiving it, the certificate-granting agency shall notify contents that need to be modified and supplemented directly or in writing to the enterprise.

2. Within 5 working days after receiving a complete dossier as required, the certificate-granting agency shall organize appraisal of the dossier and re-grant a certificate of eligibility. If refusing to re-grant the certificate, the certificate-granting agency shall issue a written reply, clearly stating the reason.

3. The receipt of dossiers and notification of results shall be effected at the head office of the certificate-granting agency, by post or online.

Article 14. Revocation of a certificate of eligibility

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

a/ Having provided untrue information in the dossier of application for a certificate of eligibility;

b/ Ceasing the sports business;

c/ Other cases as prescribed by law.

2. The order of revocation of a certificate of eligibility

a/ For the case stated at Point a, Clause 1 of this Article, the order of revocation of a certificate of eligibility is as follows:

The certificate-granting agency shall issue a decision to revoke a certificate of eligibility and notify this decision to relevant agencies for coordinated implementation.

The concerned enterprise shall hand over its granted certificate of eligibility and at the same time cease the whole sports business immediately when the revocation decision takes effect;

b/ For the case stated at Point b, Clause 1 of this Article, the order of revocation of a certificate of eligibility is as follows:

Within 3 working days after ceasing its sports business, an enterprise shall hand over its certificate of eligibility to the certificate- granting agency.

Within 3 working days after receiving the certificate of eligibility handed over by the enterprise, the certificate-granting agency shall issue a revocation decision and notify it to relevant agencies for coordinated implementation.

Chapter IV

ORGANIZATION OF IMPLEMENTATION

Article 15. Transitional provisions

1. An enterprise that has been granted a certificate of eligibility before this Decree takes effect may continue using it for doing the sports business.

2. An enterprise that has submitted a complete and valid dossier of application for, or request for re-grant of, a certificate of eligibility before this Decree takes effect but not yet been granted or re-granted such certificate is not required to carry out the procedures for application for, or request for re-grant of, a certificate of eligibility.

Article 16. Effect

1. This Decree takes effect on July 1, 2016.

2. Article 13 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, ceases to be effective on the date this Decree takes effect.

Article 17. Responsibility for guidance and implementation

1. The Ministry of Culture, Sports and Tourism shall guide 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.-

* The Appendix to this Decree is not translated.