Thông tư liên tịch 222/2003/TTLT-UBTDTT-BCA

JOINT CIRCULAR

ON COOPERATING IN THE PREVENTION AND COMBATING OF ACTS OF MISCONDUCT IN EXERCISE AND SPORTS ACTIVITIES

Pursuant to the Government’s Decree No.22/2003/ND-CP dated March 11, 2003 on functions, tasks, powers and organizational structure of the Exercise and Sports Committee;

Pursuant to the Government’s Decree No.37/1998/ND-CP dated June 9, 1998 on functions, tasks, powers and organizational structure of the Ministry of Public Security;

Pursuant to the Prime Minister's Directive No. 15/2002/CT-TTg dated July 26, 2002 on combating acts of misconduct in exercise and sports activities;

In order to effectively cooperate in the prevention, detection and handling of acts of misconduct in exercise and sports activities, the Exercise and Sports Committee in association with the Ministry of Public Security hereby promulgates this Circular and provides the specific contents thereof as follows:

I. GENERAL PROVISIONS

1. Governing scope

This Circular is applied to any violation that an individual or organization would commit in their exercise and sports activities.

2. Applied entities

a. Regulatory agencies and social organizations as well as any central or local bodies engaged in exercise and sports activities.

b. Officials, coaches, sportsmen, sportswomen, athletes and referees of sports and other individuals who may commit any act of deviating the sincerity in exercise and sports activities.

c. Foreign organizations and individuals participating in exercise and sports activities in Vietnam, and Vietnamese organizations and individuals participating in exercise and sports activities in overseas countries.

3. Definition

Misconduct in exercise and sports activities means any violation that an organization or individual may commit such as sportsmen’s age fraud, falsified profile of sports contests, collusion, match fixing, match manipulation and any other act driven by profiteering and leading to the loss of sport-related sincerity and decency, vicious rumors amongst the public and adverse effect on the growth of Vietnam's exercise and sports.

II. SPECIFIC PROVISIONS

1. Responsibility of the exercise and sports management authority

a. The Exercise and Sports Committee must frequently educate all of their officials, sportsmen, sportswomen and athletes on political standpoints and legal issues to promote their moral consciousness, responsibility, sincerity, decency and compliance with legal regulations as well as prevent them from being involved in the implication in acts of misconduct.

b. The Exercise and Sports Committee in association with the National Olympic Committee and other National Sports Associations and Federations helps improve the quality of training for referees of various sports; ensures that the referee staff is of appropriate sincerity, morality and professional skills as well as high responsibility for the game management.    

c. Regulatory agencies on exercise and sports activities from central to local administrative levels, and organization board of sports events or contests are responsible to provide information about any act of misconduct of any organization and individual participating in exercise and sports activities; any violation against rules and regulations set out for sports contests and sportsmen, sportswomen, athletes coaching activities, to the Public Security Agency in order to cooperate in the immediate investigation, detection and settlement of these acts. The Head of the Organization Board must be responsible for what are likely to take place during the time of sports contests or tournaments.

d. National Sports Federations and Associations must bear responsibility to set contest or game rules which are flawless, coherent and logical as well as other specific regulations with the aim of preventing any possible act of misconduct during the preparation and organization of sports contests.

e. The Coaching Board of Sports Teams must be accountable to regulatory agencies for exercise and sports activities and to the organization board of sports contests for any act of misconduct committed by sportsmen, sportswomen or athletes under their authority.

g. The Exercise and Sports Inspectorate at all administrative levels must be responsible to take up their role as supervisors for sports contests to ensure fairness and compliance with legislation; assign an inspector to take on the position as a member of the organization board to detect and deal with any possible act of misconduct during such contests.     In certain special cases, the timely notification and plan for cooperation with Public Security agencies in the investigation and report for submission to the competent authority to seek any solution must be kept in place.  

2. Responsibility of Public Security management authority

a. Regularly and proactively prevent any act of misconduct in exercise and sports activities within functions and tasks of each agency to cooperate in taking any proper measure to deal with such acts in a timely manner.

b. Intensify the control of any person who are accused of any act of betting and manipulating contest results as well as take effective measures to detect and prevent any act of misconduct in exercise and sports activities.

c. Investigate any act of misconduct of a relevant individual or organization as well as cooperate with competent authorities in dealing with such acts in accordance with laws.  Security Investigation Force at all levels must be responsible to investigate any act of misconduct of a foreign individual, sportsman, sportswoman, athlete, coach or referee who is accused of any act of misconduct during their participation in sports contests or events taking place in Vietnam.

d. Proactively cooperate with exercise and sports agencies at the same administrative level to verify the case that has been reported under legal regulations; examine and determine whether a sportsman uses banned performance-enhancing drugs in sports and verify any other act of misconduct in exercise and sports activities.

dd. Act as an advisor to the Executive Committees of Communist Party and heads of Exercise and Sports agencies to strengthen the political education and raise awareness amongst officials, sportsmen, sportswomen, athletes, coaches and referees; propose any proper measures to be taken to prevent and control any act of misconduct in exercise and sports activities, cooperate with exercise and sports authorities and relevant units to intensely take control of and timely detect any act of misconduct in exercise and sports activities; closely work with competent authorities to deal with such acts in compliance with laws.

e. Appoint an official to be a member of the organization board of national and international sports contests which are held in Vietnam and accompany the Vietnam Sports Delegation to join overseas contests as requested by exercise and sports management authorities.

3. Responsibility of cooperators

a. Communications agencies of both regulatory departments must liaise with mass media agencies to regularly make an excellent sportsman, sportswoman or athlete known to the public and timely criticize any act of misconduct found in exercise and sports activities.

b. The Exercise and Sports Committee in cooperation with the Ministry of Public Security investigates, verifies and deals with any organization or individual who is accused of any act of misconduct in exercise and sports activities, selection and coaching of sportsmen, sportswomen or athletes.

c. Local regulatory agencies of exercise and sports activities in association with Public Security offices at all levels must detect and deal with any act of misconduct under the rule of similar ranks and on the basis of functions and duties of each competent authority.

d. Heads of local regulatory bodies for exercise and sports activities together with heads of socio-political organizations, upon organizing sports contests or events, must proactively cooperate with competent authorities in the investigation and inspection with the aim of detecting and dealing with such acts.

III. COMMENDATION – PUNISHMENT

1. Any organization or individual who gains excellent achievements in preventing and controlling acts of misconduct in sports shall deserve to be commended under current regulations.

2. Any organization or individual who shows their deficiency of responsibility or screen these entities from any violation against regulations on exercise and sports activities, depending on the severity of such violations, shall be subject to administrative punishments and criminal prosecutions or shall be liable for any compensation for possible losses under legal regulations.

IV. IMPLEMENTATION

1. Local Department of Exercise and Sports and Police must be responsible to examine and encourage organizations and individuals engaged in exercise and sports activities to bring this circular into practice.

2. Competent authorities of Exercise and Sports Committee in cooperation with the Ministry of Public Security shall be responsible to examine, assess and draw helpful lessons on the implementation of this Circular and recommend the next action plan and program.

3. This Circular shall come into force after 15 days as from the date on which it is published on the Official Gazette. In the course of implementation, if there is any difficulty that arises, relevant offices and agencies should timely send their feedbacks to the Exercise and Sports Committee and the Ministry of Public Security for consideration and adjustment purposes.