Nghị định 37/2012/ND-CP

DECREE

ON THE PENALTIES FOR ADMINISTRATIVE VIOLATIONS OF SPORTS

Pursuant to the Law on Government organization dated December 25^th 2001;

Pursuant to the Law on Sports dated November 29^th 2006;

Pursuant to the Ordinance on Handling administrative violations dated July 02^nd 2002, and the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations dated April 02^nd 2008;

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

The Government promulgates a Decree on the penalties for administrative violations of sports,

Chapter 1.

GENERAL PROVISIONS

Article 1. Scope of regulation

1. This Decree prescribes the acts of administrative violations of sports; the forms of penalties, the fine rates, the authority to impose penalties, and the remedial measures.

2. The administrative violations of sports are the acts of violations of law provisions on the State management of sports, deliberately or unintentionally committed by organizations and individuals, that are not liable to criminal prosecution and must be administratively penalized as prescribed in the Ordinance on Handling administrative violations and this Decree.

3. The acts of administrative violations of sports in this Decree comprise:

a) The violations of law provisions on the prohibited acts in sports;

b) The violations of law provisions on the prohibited acts in professional sports;

c) The violations of law provisions on provisions of sport services;

4. Other administrative acts not being specified in this Decree shall apply other Government's Decrees on the penalties for administrative violations of relevant field.

Article 2. Subjects of application

Vietnamese and foreign organizations and individuals that commit violations of sports within the Vietnam’s territory shall be penalized as prescribed in this Decree.

Article 3. Forms of penalties for administrative violations and remedial measures

1. Primary forms of penalties:

The organizations and individuals committing administrative violations of sports are liable for one of the following primary forms of penalties:

a) Warnings:

b) Fines.

2. Additional forms of penalties:

Depending on the nature and extent of violations, the organizations and individuals committing administrative violations are liable to one of the following forms of additional penalties:

a) Temporarily depriving the right to use the Trainer Certificate or the Referee Certificate;

b) Confiscating the equipment and instruments that are dangerous for the life and health of the athletes, or pornographic, provocative, and contrary to the traditional customs of Vietnam.

3. Remedial measures:

Apart from the primary and additional forms of penalties prescribed in Clause 1 and 2 this Article, depending on the nature and extent of violations, the organizations and individuals committing administrative violations must implement one of the following remedial measures:

a) Annulling the selection result, applicable to the dishonest selection of athletes for sport teams, sport centers, and sport schools;

b) Annulling the rankings of the athletes, trainers, or referee, applicable to improper rankings;

c) Destructing or dismantling the advertisements for sports, and incurring all the costs of such destruction and dismantlement, applicable to the violations of advertising in sports.

Chapter 2.

ADMINISTRATIVE VIOLATIONS OF SPORTS, FORMS OF PENALTIES AND FINE RATES

SECTION 1. THE VIOLATIONS OF LAW PROVISIONS ON THE PROHIBITED ACTS IN SPORTS

Article 4. Using prohibited stimulants in the sport training and sport competition

1. Fines of from 5,000,000 VND to 10,000,000 VND for using prohibited stimulants in sport training and sport competitions.

2. Fines of from 10,000,000 VND to 15,000,000 VND for letting athletes use prohibited stimulants in sport training and sport competitions.

Article 5. Using prohibited methods in the sport training and sport competition

1. Fines of from 5,000,000 VND to 10,000,000 VND for using the exercises, sports, or methods of training and competition that are pornographic, provocative, and contrary to the traditional customs of Vietnam.

2. Fines of from 10,000,000 VND to 15,000,000 VND for using the exercises, sports, or methods of training and competition that are dangerous for the life and health of the athletes, except for the exercises, sports, and methods allowed by law.

3. Additional forms of penalties:

Confiscating the equipment and instruments used for committing the administrative violations, applicable to the violations prescribed in Clause 1 and 2 this Article.

Article 6. Acts of cheating in sports

1. Fines of from 5,000,000 VND to 10,000,000 VND for one of the following acts:

a) Falsifying the name and age;

b) Falsifying the gender when;

c) Falsifying other documents of sport selection and sport competitions not being prescribed in Point a and Point b this Clause.

2. Fines of from 10,000,000 VND to 15,000,000 VND for enticing or coercing other people to falsify the documents to play sports.

3. Fines of from 15,000,000 VND to 20,000,000 VND for falsifying the results of sport competitions.

4. Fines of from 20,000,000 VND to 30,000,000 VND for falsifying the records during the selection of athletes for sport teams, sport centers, and sport schools.

5. Remedial measures:

Annulling the selection result, applicable to the violations prescribed in Clause 4 this Article.

Article 7. Acts of violence in sports

1. Fines of from 20,000,000 VND to 30,000,000 VND for threatening to harm the health, reputation, privacy, threatening or harming the dignity of the athletes, referees, organizers, law enforcers, trainers, and leaders.

2. Fines of from 30,000,000 VND to 40,000,000 VND for assaulting the athletes, referees, organizers, law enforcers, trainers, and leaders.

3. Fines of from 40,000,000 VND to 50,000,000 VND for one of the following acts:

a) Playing violently or hurting, harming the health of other athletes during the sport training and sport competition that violate the rules of each sport.

b) Committing aggressive acts or enticing other people to commit aggressive acts that affects the sports competition and sport activities.

4. Fines of from 50,000,000 VND to 70,000,000 VND for deliberately hurting the referees during sport competitions.

Article 8. Acts of obstructing sports

1. Fines of from 5,000,000 VND to 10,000,000 VND for deliberately obstructing the lawful activities of sports of other organizations and individuals..

2. Fines of from 10,000,000 VND to 15,000,000 VND for not satisfying the requirements for facilities and equipment for sport training and sport competitions.

SECTION 2. VIOLATIONS IN PROFESSIONAL SPORTS

Article 9. Violations of rights and obligations of professional athletes during the sport training and sport competition

1. Fines of from 1,000,000 VND to 5,000,000 VND for one of the following acts:

a) Not following the trainer’s program and exercises;

b) Not complying with the rules of the sport competition and the sport event.

2. Fines of from 5,000,000 VND to 7,000,000 VND for one of the following acts:

a) Failing to promptly give first aid to the athletes;

b) Not having enough safety equipment for athletes during the sport training or sport competition.

3. Fines of from 7,000,000 VND to 10,000,000 VND for not paying or not properly paying for the special diets, the wages, and other benefits of athletes.

Article 10. Violations of rights and obligations of professional trainers during the sport training and sport competition

1. Fines of from 3,000,000 VND to 5,000,000 VND for not formulating or not implementing the training program or training plan.

2. Fines of from 5,000,000 VND to 7,000,000 VND for one of the following acts:

b) Not complying with the rules of the sport competition and the sport event.

b) Not taking the measures to ensure the safety for athletes.

3. Fines of from 15,000,000 VND to 20,000,000 VND for not paying or not properly paying for the reward and other benefits as prescribed by law, applicable to the trainers that have trained the athletes that have achieved high accomplishments in national and international sport competitions.

4. Additional forms of penalties:

Depriving the right to use the Trainer Certificate for 12 months, applicable to the violations prescribed in Clause 2 this Article.

Article 11. Violations of rights and obligations of professional referees

1. Fines of from 10,000,000 VND to 15,000,000 VND for not complying with the rules of the sport competition and the sport event.

2. Fines of from 15,000,000 VND to 20,000,000 VND for not paying or not properly paying wages to professional referees.

3. Fines of from 20,000,000 VND to 30,000,000 VND for not honestly and not objectively controlling the sport competition.

4. Additional forms of penalties:

Depriving the right to use the Referee Certificate for 12 months, applicable to the violations prescribed in Clause 1 and 3 this Article.

Article 12. Violations of the selection of athletes for sport teams.

1. Fines of from 5,000,000 VND to 10,000,000 VND for not selecting qualified athletes for the sport team as prescribed by law.

2. Fines of from 10,000,000 VND to 15,000,000 VND for not selecting unqualified athletes for the sport team as prescribed by law.

3. Remedial measures:

Annulling the selection result, applicable to the violations prescribed in Clause 2 this Article.

Article 13. Violations ranking professional athletes, trainers, and referees.

1. Fines of from 3,000,000 VND to 5,000,000 VND for not improperly promoting athletes.

2. Fines of from 5,000,000 VND to 7,000,000 VND for not improperly promoting trainers and referees.

3. Remedial measures:

Annulling the ranking, applicable to the violations prescribed in Clause 1 and 2 this Article.

SECTION 3. VIOLATIONS OF LAW PROVISIONS ON PROVISIONS OF SPORT SERVICES

Article 14. Violations of the Certificate of fulfillment of conditions for providing sport services

Fines of from 5,000,000 VND to 10,000,000 VND for providing sport services without the Certificate of fulfillment of conditions for providing sport services.

Article 15. violations of requirements for facilities and area for providing sport services

1. Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:

a) Not putting up the board of Regulation, the instruction boards, signal flags, signal buoys;

b) Not having locker rooms, bathrooms, and parking lots;

c) The design, shape, color, flatness, and slipperiness are not suitable for each kind of sports as prescribed;

d) Not satisfying the requirements for the sounds and lights according to the standards of each sport as prescribed by law.

2. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:

a) The area of the event location is not qualified as prescribed by law;

b) The floor, the size, the depth, the slope, the corner, the height, and the roof are not suitable for each kind of sports as prescribed;

c) The pool water does not satisfy the quality standards as prescribed by law;

d) Not complying with standards of density of training people as prescribed by law;

dd) Not satisfying the requirements for the distance between the instruments as prescribed by law.

3. Fines of from 5,000,000 VND to 7,000,000 VND for one of the following acts:

a) Not ensuring the necessary area for particular sports as prescribed by law.

b) The wharves for the vehicles serving sport activities are not consistent with the planning approved by the competent State agency;

c) Not having a system for collecting waste oil from the vehicles participating in the water sports;

d) The entrance and exit of the wharf does not comply with law provisions;

dd) Not satisfying other requirements for facilities during the provision of sport activities as prescribed by law.

Article 16. Violations of specialized sport equipment and instruments

Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:

1. Using the equipment and instruments that do not satisfy the requirements for the size, design, power, and utilities as prescribed by law.

2. Using equipment and instruments without the Certificate of Registration, the Certificate of technical safety, and the Certificate of measurement and quality standards for each kind of sports as prescribed by law.

Article 17. Violations of professional trainers and specialists

Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:

1. Failing to have or to have enough professional trainers and specialists as prescribed by law.

2. Employing the specialists that do not satisfy the requirements for health as prescribed by law.

3. Employing the professional trainers and specialists without qualifications as prescribed by law.

Article 18. Violations of medical works in the provision of sport services

1. Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:

a) Not having the medicine cabinet and the medicines according to the list and the process of first aid prescribed by law;

a) Not having or not having enough equipment and instruments for first aid prescribed by law;

c) Not having a medical watch room.

2. Fines of from 3,000,000 VND to 5,000,000 VND for employing health workers without certificates of sports medicines issued by competent agencies.

3. Fines of from 5,000,000 VND to 7,000,000 VND for one of the following acts:

a) Not having health workers as prescribed by law;

b) Not having standing health workers while people are playing sports.

Article 19. Violations of safety and rescue

1. Fines of from 1,000,000 VND to 3,000,000 VND for one of the following acts:

a) Not having or not having enough signboards and warning lights at dangerous areas as prescribed by law;

b) Not having or not having enough lifebuoys and lifejackets in water sports as prescribed by law;

c) Not satisfying the requirements for communication in safety and rescue as prescribed by law;

d) Not having an observation post serving the rescue as prescribed by law;

dd) Not satisfying other requirements for facilities and equipment serving the rescue as prescribed by law;

e) The rescuer does not have a practice certificate as prescribed by law;

g) The rescuer does not satisfy the requirements for health as prescribed by law.

2. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:

a) Not having or not having enough rescuers;

b) Not having standing rescuers while people are playing sports.

Article 20. Violations of the advertising in sports

1. Fines of from 3,000,000 VND to 5,000,000 VND for one of the following acts:

a) The national flag, national symbol, the leader’s picture, or the instruction board is covered by the advertising board;

b) The advertising board affects the sport activities;

c) The advertising board blocks the audience’s view.

2. Fines of from 5,000,000 VND to 7,000,000 VND for one of the following acts:

a) Using the pictures of athletes being liable to criminal prosecution for advertising;

b) Advertising the prohibited sports;

c) Advertising the prohibited methods of training;

d) Advertising in contravention of the rules of each sports.

3. Remedial measures:

Removing the advertisement and incurring the cost of the removal, applicable to the violations prescribed in Clause 1 and 2 this Article.

Article 21. The acts of obstructing the State management and inspection

1. Fines of from 3,000,000 VND to 5,000,000 VND for not complying with the decision on inspection and the decision on enforcing the implementation of the decision on penalizing the administrative violations.

2. Fines of from 5,000,000 VND to 7,000,000 VND for one of the following acts:

a) Not making the declaration, or making the declaration incorrectly and unpunctually as requested by the law enforcers and the competent State management agencies;

b) Not providing or providing insufficient information and documents relevant to the inspection and administrative penalties of the law enforcers and competent State agencies;

c) Obstructing the work of the inspectors;

d) Using words or committing acts that threaten or insult the persons in charge of the inspection and penalty imposition.

3. Fines of from 7,000,000 VND to 10,000,000 VND for one of the following acts:

a) Delaying or avoiding implementing the administrative decision or the decision on inspection made by the competent agency or competent person;

b) Breaking the seal on the exhibits and means of violations without permission, or changing the scene of violation without permission;

c) Hiding, changing, swapping the exhibits being inspected or impounded.

4. Additional forms of penalties:

Confiscating the exhibits and means of administrative violations, applicable to the violations prescribed in Point b and c Clause 3 this Article.

Chapter 3.

AUTHORITY TO IMPOSE PENALTIES FOR ADMINISTRATIVE VIOLATIONS

Article 22. The authority to impose administrative penalties of the Inspectors of the Services of Culture, Sports, and Tourism

1. The Inspector of the Service of Culture, Sports, and Tourism on duty is entitled to:

a) Issue warnings:

b) Impose fines of up to 500,000 VND;

c) Confiscate the exhibits and means of administrative violations valued at up to 2,000,000 VND;.

d) Exercise the rights prescribed in Point 1 Clause 19 Article 1 of the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations 2008;

2. The Chief Inspector of the Service of Culture, Sports, and Tourism on duty is entitled to:

a) Issue warnings:

b) Impose fines of up to 30,000,000 VND;

c) Deprive the right to use the practice certificate;

d) Confiscate the exhibits and means of administrative violations;

dd) Taking the remedial measures as prescribed in Clause 3 Article 3 of this Decree;

e) Exercise the rights prescribed in Point 1 Clause 19 Article 1 of the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations 2008;

3. The Chief Inspector of the Ministry of Culture, Sports and Tourism is entitled to:

a) Issue warnings:

b) Impose fines of up to the highest rate prescribed in this Decree;

c) Deprive the right to use the practice certificate;

d) Confiscate the exhibits and means of administrative violations;

dd) Taking the remedial measures as prescribed in Clause 3 Article 3 of this Decree;

e) Exercise the rights prescribed in Point 1 Clause 19 Article 1 of the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations 2008;

4. The Chief Inspector of the Ministry of Culture, Sports and Tourism is entitle to impose penalties for administrative violations of sports nationwide.

5. The Chief Inspector of the Ministry of Culture, Sports and Tourism is entitle to penalize the administrative violations committed by local organizations and individuals that engage in sport activities.

Article 23. The authority to impose penalties of other Inspectors

Within the State management authority prescribed by the Government, the inspectors and Chief Inspectors of other organizations are entitled to impose penalties for the administrative violations of sports under their management as prescribed in this Decree.

Article 24. The authority to impose penalties of People’s Committees at all levels

People’s Committees at all levels are entitled to impose penalties for the administrative violations of sport committed locally, according to the authority prescribed in Clause 4 and 5 Article 1 of the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations 2008, Article 30 of the Ordinance on Handling administrative violations 2002, amended in the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations 2008.

Article 25. The authority to impose penalties of the Police, the Border guard, the Coastguard, the Customs, the tax authority, and the market management agency

The Police, the Border guard, the Coastguard, the Customs, the tax authority, and the market management agency are entitled to impose penalties for the administrative violations of sport committed locally that are relevant to the disciplines under their management, according to the authority prescribed in Clause 6, 7, 8, 9, and 11 Article 1 of the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations 2008, Article 37 of the Ordinance on Handling administrative violations 2002, amended in the Ordinance on amending and supplementing a number of articles of the Ordinance on Handling administrative violations 2008.

Article 26. The forms of records and decisions use for the imposition of the penalties for administrative violations

The forms of records and decisions use for the imposition of the penalties for administrative violations of sport are promulgated together with Decree.

Chapter 4.

IMPLEMENTATION PROVISIONS

Article 27. Effects

This Decree takes effect on June 20^th 2012, and supersedes the Government's Decree No. 141/2004/NĐ-CP dated July 01^st 2004, on the penalties for administrative violations of sports.

Article 28. Implementation responsibilities

The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces shall implement this Decree.