Luật 77/2006/QH11

Law No. 77/2006/QH11 of November 29, 2006, on physical training and sports

Nội dung toàn văn Law No. 77/2006/QH11 on physical training and sports


THE NATIONAL ASSEMBLY
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No: 77/2006/QH11

Hanoi, November 11, 2006

 

LAW

ON PHYSICAL TRAINING AND SPORTS

Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam, which was amended and supplemented under Resolution No. 51/2001/NQ-QH10 bổ sung điều của Hiến pháp nước cộng hoà xã hội chủ nghĩa Việt Nam năm 1992">51/2001/QH10 of December 25, 2001, of the Xth National Assembly, the 10th session;
This Law provides for physical training and sports.

Chapter I

GENERAL PROVISIONS

Article 1.- Governing scope

This Law provides for physical training and sports activities; rights and obligations of organizations and individuals involved in physical training and sports activities.

Article 2.- Subjects of application

This Law applies to organizations and individuals involved in physical training and sports activities; and organizations and individuals related to physical training and sports activities in Vietnam.

Article 3.- Application of law on physical training and sports

1. Physical training and sports activities and the management of physical training and sports activities must comply with the provisions of this Law and other relevant laws.

2. When a treaty to which the Socialist Republic of Vietnam is a contracting party contains provisions different from those of this Law, that treaty prevails.

Article 4.- State policies on physical training and sports development

1. To develop physical training and sports aiming to raise the health, physical strength and stature of Vietnamese people, contribute to improving the people's cultural and spiritual life, enhance international sports cooperation and exchange, and increase understandings among countries and peoples in service of national construction and defense.

To gradually increase state budget investment, reserve land funds and adopt policies to make use of resources to build material foundations, train human resources, discover and train persons with sports aptitudes into sports talents, conduct scientific and technological research and application in order to improve the quality of physical training and sports activities and develop some sports up to world level.

2. To encourage organizations and individuals to participate in physical training and sports development and establish sports service establishments in order to meet people's demand for physical exercise, recreation and entertainment, ensure equality between public and private sports establishments in terms of tax, credit and land-related preferences according to law.

3. To prioritize investment in the development of physical training and sports in exceptional socio-economic difficulty-stricken areas and the preservation and development of traditional sports.

Article 5.- Agencies performing the state management of physical training and sports

1. The Government shall perform the uniform state management of physical training and sports.

2. The Committee for Physical Training and Sports is responsible before the Government for the performance of the state management of physical training and sports.

3. Ministries and ministerial-level agencies shall, within the scope of their competence, coordinate with the Committee for Physical Training and Sports in performing the state management of physical training and sports.

4. People's Committees at all levels shall perform the state management of physical training and sports in their respective localities under the Government's decentralization.

Article 6.- Contents of state management of physical training and sports

1. Elaborating, promulgating and organizing the implementation of, strategies, plannings, plans and policies on physical training and sports development and legal documents on physical training and sports.

2. Organizing and directing the training of human resources for physical training and sports.

3. Inspecting and assessing the development of mass physical training and sports and sports competition activities.

4. Organizing and directing scientific and technological research and application in the domain of physical training and sports.

5. Mobilizing, managing and using resources for physical training and sports development.

6. Organizing and directing emulation and commendation work in the domain of physical training and sports.

7. Organizing and directing international cooperation in sports.

8. Examining, inspecting, settling complaints and denunciations and handling violations of law on physical training and sports.

Article 7.- Physical training and sports inspectorate

1. The physical training and sports inspectorate shall carry out specialized inspection in the domain of physical training and sports.

2. The organization and operation of the physical training and sports inspectorate must comply with the law on inspection.

Article 8.- Complaints and denunciations in physical training and sports activities

Complaints and denunciations and the settlement of complaints and denunciations in physical training and sports activities must comply with the provisions of law.

Article 9.- Information and communication on physical training and sports

1. Agencies performing the state management of physical training and sports at various levels shall coordinate with concerned agencies and organizations in carrying out communication about the benefits and effects of physical training and sports and mobilize people to participate in physical training and sports activities.

2. Radio and television stations shall broadcast daily morning physical exercise programs.

3. Mass media agencies shall provide information on and carry out communication about domestic and international physical training and sports activities in service of the people's spiritual life.

Article 10.- Prohibited acts in physical training and sports activities

1. Taking advantage of physical training and sport activities to infringe upon the State's interests and lawful rights and interests of organizations and individuals; harming human health and life or badly affecting national ethics, fine customs and traditions and cultural identities.

2. Using banned stimulants or applying banned methods in sports training and competition.

3. Cheating in sports activities.

4. Committing acts of violence in sports activities.

5. Obstructing lawful physical training and sports activities of organizations and individuals.

6. Abusing positions and powers to falsify sports competition results.

Chapter II

PHYSICAL TRAINING AND SPORTS FOR ALL

SECTION 1. MASS PHYSICAL TRAINING AND SPORTS

Article 11.- Development of mass physical training and sports

1. The State adopts investment policies and encourages organizations and individuals to participate in the development of mass physical training and sports, creating opportunities for people, regardless of their age, gender, health and disability status, to exercise their rights to physical training and sports for the purposes of health improvement, recreation and entertainment.

2. People's Committees at various levels shall build public sports facilities and ensure adequate physical training and sports personnel; set up a network of grassroots physical training and sports collaborators to meet local communities' requirements for physical training and sports activities.

3. The Vietnam Fatherland Front and its member organizations shall mobilize their members to participate in physical training and sports activities to exercise and improve their health; and coordinate with agencies performing the state management of physical training and sports in organizing mass sports performances and competitions.

4. Agencies performing the state management of physical training and sports at various levels shall coordinate with socio-professional sports organizations in mobilizing people to participate in physical training and sports movements and popularizing physical training and sports knowledge and instructions appropriate to the people's hobbies, age, gender and occupations; and provide professional training to grassroots physical training and sports collaborators.

5. State agencies, organizations and enterprises shall create conditions for civil servants, employees and laborers in their respective units to participate in physical training and sports activities.

Article 12.- Mass physical training and sports movements

1. The State launches mass physical training and sports movements to mobilize and encourage people to participate in physical training as well as sports performance and competition in order to form the habit of doing physical exercises.

2. Mass physical training and sports movements shall be evaluated based on the number of people habitually doing physical exercises and the number of sports families. The organization and evaluation of mass physical training and sports movements in localities shall be carried out under the guidance of the Committee for Physical Training and Sports.

Article 13.- Mass sports competitions

1. The Committee for Physical Training and Sports shall direct the organization of mass sports competitions at the national level.

2. People's Committees at various levels shall direct the organization of mass sports competitions in their respective localities.

3. Agencies and organizations may organize mass sports competitions within the ambit of their powers.

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

Article 14.- Physical training and sports for the disabled

1. The State creates conditions for the disabled to participate in physical training and sports activities in order to improve their health and integrate themselves into the community; ensures material foundations and adopts regimes and policies for athletes with disabilities to participate in national and international sports tournaments.

2. The State encourages organizations and individuals to support the disabled to participate in physical training and sports activities.

3. Agencies performing the state management of physical training and sports at various levels shall coordinate with socio-professional sports organizations and concerned agencies and organizations in creating conditions for and guiding the disabled to participate in physical training and sports activities.

4. Sports facilities must be properly designed to enable the disabled to participate in physical training and sport activities.

Article 15.- Physical training and sports for the elderly

1. The State creates conditions and encourages organizations and individuals to pay attention to sports training, performance and competition of the elderly.

2. The Vietnam Fatherland Front and the Vietnam Association of Elderly People shall encourage and mobilize the elderly to participate in physical training and sports activities.

Article 16.- Physical training for disease prevention and treatment

1. Agencies and enterprises shall organize physical exercises to prevent and combat occupational diseases for laborers in their respective agencies and enterprises.

2. The Committee for Physical Training and Sports shall coordinate with the Ministry of Health in designing and widely disseminating among the people physical exercise routines to prevent and combat diseases.

3. The States encourages organizations and individuals to establish medical establishments and convalescent and functional rehabilitation establishments that use physical training and sports as a therapeutic method.

Article 17.- National sports

1. The State adopts policies to preserve and promote national sports under the Law on Cultural Heritage and this Law; encourages organizations and individuals to exploit and develop national sports, attaching importance to sports of ethnic minority groups.

2. Agencies performing the state management of physical training and sports shall guide the training, performance and competition of national sports; and coordinate with concerned agencies and organizations in introducing national sports in foreign countries.

Article 18.- Leisure sports

1. The State creates conditions for the development of leisure sports to meet the society's recreation needs.

2. Agencies performing the state management of physical training and sports shall organize and guide leisure sports activities.

Article 19.- Defense sports

The Ministry of Defense shall assume the prime responsibility for, and coordinate with the Committee for Physical Training and Sports in, guiding the organization of defense sports activities among the people.

SECTION 2. PHYSICAL EDUCATION AND SPORTS IN SCHOOLS

Article 20.- Physical education and sports in schools

1. Physical education is an intra-curricular subject under the educational program, aiming to provide basic physical knowledge and exertion skills to learners through physical exercises and games, contribute to the achievement of the goal of comprehensive education.

2. Sports activities in schools are learners' voluntary activities, which are organized as extra-curricular activities suitable to learners' hobbies, sex, age and health in order to create conditions for them to exercise their rights to recreation and entertainment and develop their sports aptitudes.

Article 21.- The State's responsibilities for physical education and sports in schools

1. The State adopts policies to reserve land and invest in the construction of material foundations for physical education and sports in schools, and ensure sufficient physical training and sports teachers and lecturers for all education levels.

2. The Minister of Education and Training shall coordinate with the Minister-Director of the Committee for Physical Training and Sports in elaborating physical education programs, training physical training and sports teachers and lecturers and guiding the contents of extra-curricular sports activities in schools.

3. Ministries, ministerial-level agencies and government-attached agencies shall direct and organize the construction of material foundations and the arrangement of physical training and sports teachers and lecturers for schools under their management.

4. People's Committees of provinces and centrally run cities (hereinafter collectively referred to as provincial-level People's Committees) shall:

a/ Plan land areas, build material foundations and gyms, supply sports equipment and devices and allocate payroll quotas of physical training and sports teachers and lecturers for public schools in their localities.

b/ Implement policies on land preferences for private schools and people-founded schools in accordance with law to help these schools build their material foundations for physical education and sports.

Article 22.- Responsibilities of schools

1. To organize the implementation of the physical education program under regulations of the Minister of Education and Training.

2. To manage and effectively use material foundations, equipment and devices for physical education and sports in schools.

3. To organize extra-curricular sports activities for learners.

4. To ensure safety for teachers and learners in physical training and sports activities.

5. To discover and foster learners' sports aptitudes.

Article 23.- Rights and obligations of physical training and sports teachers and lecturers

1. To teach the physical education subject according with its program.

2. To organize extra-curricular sports activities, discover and foster learners' sports aptitudes.

3. To respect learners, treat them equally and comply with regulations on ensuring safety for learners.

4. To be entitled to a special allowance regime under the Prime Minister's regulations.

Article 24.- Rights and obligations of learners

1. To study the physical education subject.

2. To participate in their hobby sports activities.

3. To be selected and enrolled in sports-oriented schools.

4. To use material foundations, equipment and devices for physical education and sports in schools.

Article 25.- Sports competitions in schools

1. Agencies performing the state management of education and training at all levels and schools shall organize sports competitions in order to encourage physical training and sports movements among pupils and students.

2. Contents and forms of, and regulations on, sports competition must be suitable to the physio-psychological characteristics of learners of different age groups and material foundation conditions.

Article 26.- Responsibilities of the Ho Chi Minh Communist Youth Union and socio-professional sports organizations

The Ho Chi Minh Communist Youth Union and socio-professional sports organizations shall coordinate with schools in organizing extra-curricular sports activities for learners.

SECTION 3. PHYSICAL TRAINING AND SPORTS IN THE ARMED FORCES

Article 27.- Physical training and sport activities in the armed forces

1. To carry out strength training, aiming to improve the health of officers and soldiers to meet the requirements of building the armed forces.

2. To organize voluntary sports activities for officers and soldiers.

3. To organize high-achievement sports training and competition.

Article 28.- Responsibilities of state agencies for physical training and sports in the armed forces

1. The State ensures material foundations, equipment and devices, and conditions for training of athletes and coaches for physical training and sports activities in the armed forces.

2. The Minister of Defense and the Minister of Public Security shall:

a/ Organize and direct the construction of material foundations and supply of equipment and devices for sports training and competition in the armed forces;

b/ Coordinate with the Minister-Director of the Committee for Physical Training and Sports in promulgating and applying strength training criteria, organizing the training of coaches and athletes and issuing regulations on sports tournaments in the armed forces.

Article 29.- Responsibilities of armed forces' units

1. To organize the implementation of strength training programs for officers and soldiers.

2. To organize and create conditions for officers and soldiers to participate in sports activities.

3. To manage and effectively use material foundations and equipment and devices for physical training and sports.

Article 30.- Rights and obligations of officers and soldiers

1. To follow strength training programs according to regulations of the Minister of Defense and the Minister of Public Security.

2. To participate in sport activities.

3. To be selected into sports teams to compete in national and international sports tournaments.

Chapter III

HIGH-ACHIEVEMENT SPORTS

SECTION 1. HIGH-ACHIEVEMENT SPORTS

Article 31.- Development of high-achievement sports

The State adopts policies to develop high-achievement sports, invest in the construction of modern material foundations and supply of modern equipment and devices; train athletes and coaches up to national and international levels; organize high-achievement sports competitions and the participation in international sports tournaments; and encourages organizations and individuals to participate in high-achievement sports development.

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

1. During the time of training and competition, athletes have the following rights and obligations:

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

b/ To receive medical treatment of their injuries;

c/ To be entitled to a special nutrition regime and remuneration under the Prime Minister's regulations;

d/ To apply safety measures;

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

f/ To abide by regulations on sports competition and rules of sports tournaments.

2. To participate in health insurance and social insurance under the provisions of law; to receive general, political and professional education.

3. To improve their ethical qualities and metal strength and elevate their sense of national pride.

4. Athletes who record outstanding achievements in national and international sports tournaments are entitled to preferences regarding professional training, healthcare, rewards and other preferences under the Prime Minister's regulations.

5. Athletes who are no longer able to compete shall be given priority by the State in job training and employment in accordance with law.

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

1. During the time of training and competition, coaches have the following rights and obligations:

a/ To be entitled to a special nutrition regime and remuneration under the Prime Minister's regulations;

b/ To elaborate and implement sports training plans and programs;

c/ To select athletes;

d/ To manage and educate athletes;

e/ To apply measures to ensure safety for athletes;

f/ To abide by regulations on sports competition and rules of sports tournaments.

2. To study in order to raise their political and professional qualifications; to enjoy social insurance and health insurance under the provisions of law.

3. Coaches of athletes who record outstanding achievements in national and international sports tournaments are entitled to preferences regarding professional training, healthcare, rewards and other preferences under the Prime Minister's regulations.

Article 34.- Rights and obligations of high-achievement sports referees

1. To have their safety secured while performing their profession.

2. To be provided with professional training according to regulations.

3. To be entitled to remunerations according to law.

4. To administer the competition in accordance with regulations on sports competition and sport tournament rules.

5. To be honest and fair in competition administration.

Article 35.- National sports teams, national sports delegations

1. A national sports team is a group of officials, coaches and athletes of a given sport and medical staff, which is set up for training and international competition.

2. A national sports delegation consists of national sports teams, which is set up for competition at a specific regional or world sports meet.

3. Funds for training and competition of national sports teams and national sports delegations shall be covered by the state budget, funds of the Vietnam Olympic Committee, national sports federations, national sports associations (hereinafter collectively referred to as national sports federations) and other lawful funding sources.

4. The Vietnam Olympic Committee shall manage national sports delegations; national sports federations shall manage national sports teams.

The Minister-Director of the Committee for Physical Training and Sports shall specify the order of and procedures for the establishment of national sports delegations and national sports teams.

Article 36.- Criteria of athletes of national sports teams

1. To be selected into a national sports team, an athlete must fully satisfy the following criteria:

a/ Being a Vietnamese citizen;

b/ Having professional capabilities and qualifications meeting the selection criteria of the training board of the team;

c/ Possessing good ethical qualities.

2. Overseas Vietnamese who fully meet the criteria specified in Clause 1 of this Article may be selected into national sports teams in accordance with Vietnam's law and regulations of international sports organizations.

Article 37.- High-achievement sports tournaments

1. Regional, continental and world sports meets; regional, continental and world championships of each sport held in Vietnam.

2. National physical training and sports meets.

3. Annual national championships and national junior tournaments of each sport.

4. Provincial/municipal championships of each sport.

Article 38.- Competence to organize high-achievement sports tournaments

1. The Prime Minister shall decide to organize sports tournaments specified in Clauses 1 and 2, Article 37 of this Law, at the proposal of the Minister-Director of the Committee for Physical Training and Sports.

2. The Minister-Director of the Committee for Physical Training and Sports shall decide to organize sports tournaments specified in Clause 3, Article 37 of this Law, at the proposal of national sports federations.

3. Presidents of provincial-level People's Committees shall decide to organize sports tournaments specified in Clause 4, Article 37 of this Law.

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

1. Rules of sports tournaments specified in Clause 1, Article 37 of this Law shall comply with regulations of international sports organizations.

2. The Minister-Director of the Committee for Physical Training and Sports shall approve rules of national physical training and sports meets.

3. Presidents of national sports federations shall approve rules of sports tournaments specified in Clause 4, Article 37 of this Law.

4. Presidents of provincial-level People's Committees shall approve rules of sports tournaments specified in Clause 4, Article 37 of this Law.

Article 40.- Procedures of application for hosting high-achievement sports tournaments

1. A dossier of application for hosting a high-achievement sports tournament consists of:

a/ An application for hosting a sports tournament, clearly stating the objectives of, and financial sources, material foundations, technical equipment and devices for, the tournament;

b/ Rules of the sports tournament;

c/ A list of members of the organizing committee of the sports tournament;

d/ The competition program and other activities under the sports tournament;

e/ The title, medals, badges, pennant and symbol of the tournament.

2. Within thirty days after receiving a valid and complete dossier, the person competent to decide on the organization of the sports tournament as specified in Clauses 1 and 2, Article 38 of this Law shall make a written reply to the applicant; in cases of refusal, he/she shall clearly state the reasons therefor.

Within fifteen days after receiving a valid and complete dossier, the person competent to decide on the organization of the sport tournament defined in Clause 3, Article 38 of this Law shall make a written reply to the applicant, in case of refusal, he/she shall clearly state the reasons therefor.

Article 41.- Recognition of results of high-achievement sports competition

National sports federations shall recognize national records of sports and the results of domestic and international sports competition.

Article 42.- Grades of high-achievement sports athletes, coaches and referees

1. Grading of sports athletes, coaches and referees aim to evaluate their professional qualifications.

2. National sports federations shall recognize the grades of sports athletes, coaches and referees.

3. The Minister-Director of the Committee for Physical Training and Sports shall specify criteria for awarding grades to sports athletes, coaches and referees.

Article 43.- Standards of material foundations, equipment and devices for high-achievement sports training and competition

Material foundations, equipment and devices for high-achievement sports training and competition must satisfy Vietnam standards and conform with regulations of international sports organizations or meet international standards.

SECTION 2. PROFESSIONAL SPORTS

Article 44.- Development of professional sports

1. Professional sports means sports activities in which coaches and athletes consider sports training, performance and competition as their profession.

2. The State encourages organizations and individuals to set up professional sports clubs.

Article 45.- Rights and obligations of professional athletes

1. Professional athletes shall sign labor contracts with professional sports clubs.

2. Rights and obligations of professional athletes shall be exercised and performed under labor contracts signed with professional sports clubs.

3. Labor contracts signed between professional athletes and professional sports clubs must comply with the law on labor and conform with regulations of relevant international sports organizations.

Article 46.- Rights and obligations of professional coaches

1. Professional coaches shall sign labor contracts with professional sports clubs or national sports federations.

2. Rights and obligations of professional coaches shall be exercised and performed under labor contracts signed with professional sports clubs or national sports federations.

3. Labor contracts signed between professional coaches and professional sports clubs or national sports federations must comply with the law on labor and conform with regulations of relevant international sports organizations.

Article 47.- Transfer of professional athletes

1. The transfer of a professional athlete who still has a valid labor contract between two domestic professional sports clubs shall be effected under a contract.

2. The transfer of a professional athlete between a Vietnamese professional sports club and a foreign professional sports club must comply with this Law and transfer regulations of international sports federations.

3. The order of and procedures for transfer of professional athletes shall be provided for by national sports federations in conformity with Vietnamese law and regulations of international sports federations of which they are members.

Article 48.- Contracts on transfer of professional athletes

1. Contracts on transfer of professional athletes must comply with Vietnamese law, treaties to which the Socialist Republic of Vietnam is a contracting party and international practice.

2. Contracts on transfer of professional athletes shall be agreed upon in writing by involved parties, each covering the following contents:

a/ The subject of the transfer;

b/ Parties to the transfer;

c/ The transfer form and scope;

d/ The duration of the transfer;

e/ The transfer price and payment mode;

f/ Rights and obligations of the parties to the contract;

g/ Compensation liability and level of each party upon breach of the contract;

h/ Dispute settlement body;

i/ Other contents agreed upon by the parties.

Article 49.- Professional sports clubs

Professional sports clubs are enterprises which are set up by organizations or individuals to train athletes and organize professional sports competitions; carry out business and service activities in the sports domain and other domains under the provisions of law.

Professional sports clubs are members of national sports federations.

Article 50.- Conditions for professional sports clubs to conduct sports business

1. Having sports personnel who are capable of meeting the requirements of professional sports activities.

2. Having professional athletes and professional coaches.

3. Having material foundations, equipment and devices suitable to professional sports activities.

4. Having financial sources for their operation.

Article 51.- Order of and procedures for business registration, business suspension, splitting, division, merger, transformation, dissolution and bankruptcy of professional sports clubs

1. The order of and procedures for business registration, business suspension, splitting, division, merger, transformation and dissolution of professional sports clubs are defined in the Enterprise Law; bankruptcy of professional sports clubs shall be governed by the Bankruptcy Law.

2. Business registration agencies shall grant business registration certificates to professional sports clubs under the Enterprise Law.

Within seven working days from the date of granting a business registration certificate, the business registration agency shall send a copy of that certificate to the agency performing the state management of physical training and sports of the same level.

3. A professional sports club may only carry out sports business activities after it is granted the business qualification certificate by the provincial-level People's Committees under Article 50 of this Law.

4. A dossier of application for a sports business qualification certificate consists of:

a/ An application for a certificate;

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

Within seven working days after receiving a complete and valid dossier, the provincial-level People's Committee shall inspect sports business conditions of the professional sports club according to Article 50 of this Law for the grant of a business qualification certificate; in case of refusal, it shall issue a written reply clearly stating the reasons therefor.

Article 52.- Tasks and powers of professional sports clubs

1. To participate in professional sports tournaments organized by national sports federations or international sports federations.

2. To train professional sports athletes.

3. To discover, select and foster sports talents.

4. To sign labor contracts with professional athletes and professional coaches.

5. To ensure material foundations, equipment and devices for sports training and competition.

6. To ensure financial sources for their operation.

7. To carry out production, business and service activities according to law.

8. To be entitled to preferential policies on the use of material foundations, equipment and devices managed by the State.

9. To enjoy conditions created by the State to increase their lawful revenues.

10. To receive and use donations and contributions of domestic as well as foreign organizations and individuals.

Article 53.- Ownership right to high-achievement sports tournaments and professional sports tournaments

1. The protection of ownership right to high-achievement sports tournaments and professional sports tournaments shall be governed by the civil law and intellectual property law.

2. National sports federations, professional sports clubs and other organizations and individuals that organize high-achievement sports tournaments and professional sports tournaments are owners of these high-achievement sports tournaments and professional sports tournaments.

3. Owners of high-achievement sports tournaments and professional sports tournaments may transfer the ownership right to these sports tournaments to organizations or individuals under contracts agreed upon by the parties.

4. The Government shall specify the ownership right to high-achievement sports tournaments and professional sports tournaments.

Chapter IV

SPORTS ESTABLISHMENTS

Article 54.- Forms of sports establishments

1. Sports establishments include:

a/ Sports athlete training centers.

b/ Sports centers;

c/ Sports service centers;

d/ Professional sports clubs;

e/ Sports-oriented schools.

2. Sports establishments shall operate in either of the two forms of sports enterprise and sports non-business unit.

Article 55.- Sports enterprises

1. Sports enterprises are set up and operate under the Enterprise Law, this Law and relevant laws.

2. Conditions for operation of sports enterprises include:

a/ Having professional employees who meet the operation requirements;

b/ Having material foundations, equipment and devices meeting the requirements of sport activities;

c/ Having financial sources for business activities.

3. Business registration agencies shall grant business registration certificates to sports enterprises under the Enterprise Law.

Within seven working days after the date of granting a business registration certificate, the business registration agency shall send a copy of the business registration certificate to the agency performing the state management of physical training and sports of the same level.

4. Sports enterprises may only carry out business activities after they are granted the business qualification certificates by competent People's Committees as specified in Clause 2 of this Article.

5. A dossier of application for a business qualification certificate of a sports enterprise consists of:

a/ An application for a certificate;

b/ A brief report on the prepared business conditions specified in Clause 2 of this Article.

Within seven working days after receiving a complete and valid dossier, the competent People's Committee shall inspect the enterprise's operation conditions specified in Clause 2 of this Article for the grant of a certificate; in case of refusal, it shall reply in writing, clearly stating the reasons therefor.

6. The establishment and operation of professional sports clubs must comply with Articles 49, 50, 51 and 52 of this Law, and relevant laws.

7. The establishment and operation of sports enterprises by foreign organizations and individuals or overseas Vietnamese must comply with the Investment Law, the Enterprise Law, this Law and other relevant laws.

8. The order of and procedures for business registration, business suspension, splitting, division, merger, consolidation, transformation and dissolution of sports enterprises are as defined in the Enterprise Law; bankruptcy of sports enterprises shall be governed by the Bankruptcy Law.

Article 56.- Sports business households

1. Sports business households shall observe this Law and the Enterprise Law.

2. Sports business households that regularly employ ten or more laborers shall register for enterprise establishment.

Article 57.- Sports non-business units

1. Sports non-business units are organized and operate under this Law and relevant laws.

2. Competence to establish and permit the establishment of sports non-business units:

a/ The Minister-Director of the Committee for Physical Training and Sports shall decide to establish national athlete training centers;

b/ Ministers, heads of ministerial-level agencies and government-attached agencies shall decide to establish sports athlete training centers, sports centers and sports service establishments under their ministries or agencies;

c/ Presidents of People's Committees of all levels shall decide to establish or permit the establishment of sports athlete training centers, sports centers and sports service establishments in their respective localities.

Article 58.- Termination of operation, merger, splitting, division, consolidation and dissolution of sports non-business units

1. Sports non-business units have their operation terminated in the following cases:

a/ They have committed serious violations of regulations on their operation or task performance;

b/ They fail to comply with regulations on material foundations, equipment, facilities and professional staff;

c/ They violate regulations on financial management.

2. Sports non-business units are dissolved in the following cases:

a/ They fail to remedy the violations specified in Clause 1 of this Article within six months after the date of termination of operation;

b/ At the proposal of organizations or individuals that have applied for the establishment of sports non-business units.

3. The persons who have decided to establish or permitted the establishment of sports non-business units are competent to decide on the termination of operation, splitting, division, merger, consolidation and dissolution of sports non-business units.

Article 59.- Tasks and powers of sports athlete training centers

1. To organize sports training and competition.

2. To care for, nurture, and organize general and ethical education for, athletes.

3. To recruit, manage and use their employees.

4. To manage, exploit and use material foundations, equipment and devices.

5. To ensure safety for athletes.

6. To receive and use donations and contributions of organizations and individuals.

Article 60.- Tasks and powers of sports centers and sports service establishments

1. To organize physical training and sports activities in accordance with their registered contents.

2. To provide services for trainees.

3. To ensure safety for trainees in the course of training and competition in their establishments.

4. To recruit, use and manage their employees.

5. To manage and use their land, material foundations, equipment and devices.

6. To receive and use donations and contributions of organizations and individuals.

7. To support and create conditions for children, the elderly and the disabled to participate in physical training and sports activities.

Article 61.- Sports-oriented schools

1. Sports-oriented schools are specialized schools set up to develop pupils' sports aptitudes.

The organization and operation of sports-oriented schools are governed by the Education Law and this Law.

2. Conditions for the establishment of sports-oriented schools

a/ Having programs on professional training in sports, which are formulated and decided by the school principals;

b/ Having sufficient and ethically and professionally qualified administrators and teachers capable of achieving the objectives of sports and education programs;

c/ Having material foundations, equipment and financial sources meeting operation requirements.

3. Presidents of provincial-level People's Committees shall decide to establish sports-oriented schools.

4. The Minister of Education and Training shall coordinate with the Minister-Director of the Committee for Physical Training and Sports in providing the general education program to be taught in sports-oriented schools that ensures general academic knowledge for pupils and creates conditions for the schools to train and foster sports talents.

Article 62.- Tasks and powers of sports-oriented schools

1. To implement programs on professional sports training stated at Point a, Clause 2, Article 61 of this Law.

2. To organize the teaching of the general education program stated in Clause 4, Article 61 of this Law.

3. To participate in sports competitions.

4. To organize ethical education for pupils.

5. To care for the health of pupils, nurture them and facilitate their cultural, recreational and entertainment activities.

6. To recruit, manage and use their employees.

7. To manage, exploit and use their material foundations, equipment and devices.

8. To receive and use donations and contributions of organizations and individuals.

Article 63.- Rights and obligations of pupils in sports-oriented schools

1. To receive general education.

2. To be trained in sports for which they have aptitudes.

3. To stay in dormitories.

4. To be entitled to a special nutrition regime under the Prime Minister's regulations.

5. To be entitled to healthcare and have their safety ensured during sports training and competition.

6. To participate in sports tournaments.

7. To be selected for overseas training.

8. To well observe internal rules and regulations of the schools.

9. To actively participate in general education, improve ethical qualities and professional skills to develop their sports aptitudes.

10. Where a pupil does not wish to continue study at a sports-oriented school, he/she may be transferred to a general school suitable to his/her current educational level.

Chapter V

RESOURCES FOR PHYSICAL TRAINING AND SPORTS DEVELOPMENT

Article 64.- Financial sources for physical training and sports

1. The state budget.

2. Revenues from sports competition and performance, and sports services; transfer of ownership right to high-achievement sports tournaments and professional sports tournaments.

3. Investments, donations and contributions of domestic and foreign organizations and individuals.

4. Other lawful revenues.

Article 65.- Land for physical training and sports

1. In planning the construction of schools, urban centers, residential areas or barracks of the people's armed forces units, it is necessary to reserve land for the construction of sports facilities.

2. Land reserved for the construction of sports facilities must be located in places convenient for people to participate in physical training and sports activities.

3. Organizations and individuals that invest in the construction of sports facilities may be allocated or leased land according to law.

4. The Government and People's Committees of various levels shall elaborate plannings and plans on the use of land for physical training and sports in conformity with physical training and sports development plannings.

Article 66.- Human resources for physical training and sports development

The State trains, fosters, and encourages organizations and individuals to participate in the training and fostering of, human resources to meet the requirements of physical training and sports development.

Article 67.- Sports talent development support fund

1. Sports talent development support funds shall be established to support sports talents.

2. The State encourages organizations and individuals to establish, finance or support sports talent development support funds.

3. The establishment, organization and operation of sports talent development support funds must comply with the Government's regulations.

Chapter VI

THE VIETNAM OLYMPIC COMMITTEE AND SOCIO-PROFESSIONAL SPORTS ORGANIZATIONS

SECTION 1. THE VIETNAM OLYMPIC COMMITTEE

Article 68.- The Vietnam Olympic Committee

1. The Vietnam Olympic Committee is a social sports organization representing Vietnam in the international olympic movement.

2. The Vietnam Olympic Committee enjoys autonomy in its operation and takes accountability for the performance of its tasks and powers, organizational apparatus, personnel and finance in accordance with law.

3. The establishment, dissolution and ratification of the organization and operation charter of the Vietnam Olympic Committee comply with the law on associations and regulations of the International Olympic Committee.

Article 69.- Tasks and powers of the Vietnam Olympic Committee

1. To participate in the building and development of physical training and sports movements in the country; to expand sports relations with other countries within the international olympic movement.

2. To widely spread the love for sports and the noble sports spirit among the people.

3. To support the operation of national sports federations and socio-professional sports organizations of branches and localities.

4. To coordinate with the Committee for Physical Training and Sports in preparing for the participation of Vietnam's sports delegations in international sports meets.

5. To recommend and propose to competent state agencies mechanisms and policies for the development of physical training and sports movements.

6. To enjoy state funds for its operation and the performance of tasks authorized by the State according to the State Budget Law.

7. To receive donations and contributions of domestic and foreign organizations and individuals and to manage and use them in accordance with law.

SECTION 2. SOCIO-PROFESSIONAL SPORTS ORGANIZATIONS

Article 70.- National sports federations

1. A national sports federation is a socio-professional organization for one or several sports, and is admitted to the corresponding international sports federation.

2. National sports federations enjoy autonomy in their operation and take accountability for the performance of their rights and obligations, organizational apparatus, personnel and finance in accordance with law.

3. The establishment, splitting, division, merger, consolidation, dissolution, and ratification of organization and operation charters of national sports federations comply with the law on associations and regulations of international sports federations.

Article 71.- Rights and obligations of national sports federations

1. To rally, unite and urge their members to participate in the development of their respective sports in the country.

2. To propagate about benefits and effects of sports they are in charge of.

3. To recommend and propose to competent state agencies mechanisms and policies for the development of sports they are in charge of.

4. To mobilize all resources for the development of sports they are in charge of; to conduct sports business and service activities in accordance with law.

5. To receive state funds for their operation and funds for the performance of tasks authorized by the State according to the State Budget Law.

6. To receive donations and contributions of domestic and foreign organizations and individuals and manage and use them in accordance with law.

7. To organize and manage national and international sports tournaments in Vietnam according to their competence.

8. To manage athletes, coaches and referees of sports they are in charge of; to appoint sports athletes and teams to participate in international competitions.

9. To formulate plans and programs on the development of professional sports activities in sports they are in charge of and organize the implementation, management and administration of these plans and programs after they are approved by the Committee for Physical Training and Sports.

10. To provide professional guidance for branch and local socio-professional sports organizations.

11. To recognize sports competition achievements, grades of sports athletes, coaches and referees.

Article 72.- Branch and local socio-professional sports organizations

1. Socio-professional sports organizations of branches and localities enjoy autonomy in their operation and take accountability for the exercise of their rights, performance of their tasks and their organizational apparatus, personnel and finance in accordance with law.

2. The establishment, splitting, division, merger, consolidation, dissolution and approval of organization and operation charters of socio-professional sports organizations of branches and localities comply with the law on associations.

Article 73.- Rights and obligations of branch and local socio-professional sports organizations

1. To organize sports tournaments according to their competence; to manage sports athletes, coaches and referees of their respective branches and localities.

2. To develop professional sports within their respective branches and localities.

3. To exercise rights and perform obligations defined in Clauses 1, 2, 3, 4, 5 and 6, Article 71 of this Law.

Chapter VII

INTERNATIONAL SPORTS COOPERATION

Article 74.- Principles of international sports cooperation

The State expands international sports exchange and cooperation on the principle of respect for independence, sovereignty, equality and mutual benefits in accordance with Vietnamese law and treaties to which the Socialist Republic of Vietnam is a contracting party, thus contributing to promoting friendship cooperation relations and mutual understandings among peoples.

Article 75.- Contents of international sports cooperation

1. Participating in international sports organizations; signing, acceding to and ratifying treaties on sports.

2. Organizing and participating in the organization of international sports events in Vietnam.

3. Participating in sports competition and performance.

4. Training and exchanging sports specialists, coaches, athletes and referees.

5. Conducting scientific research into and application and transfer of advanced technologies in the sports domain.

6. Exchanging sports information and experience.

7. Investing in the construction of sports facilities.

8. Formulating and implementing sports cooperation programs and projects.

9. Exchanging and introducing national sports.

10. Fighting negative acts in sports activities.

Chapter VIII

COMMENDATION, HANDLING OF VIOLATIONS

Article 76.- Commendation of organizations and individuals that make contributions to the cause of physical training and sports

1. Organizations and individuals that record achievements in the building and development of the cause of physical training and sports and in physical training and sports activities shall be commended and rewarded under this Law and the law on emulation and commendation.

2. The regime of material rewards for sports athletes and coaches who record outstanding achievements in national and international sports tournaments shall be provided for by the Prime Minister.

Article 77.- Handling of violations

1. Those who violate the provisions of law on physical training and sports shall, depending on the nature and severity of their violations, be disciplined, administratively sanctioned or examined for penal liability; if causing damage, they shall pay compensations therefor in accordance with law.

2. The Government shall specify sanctions against administrative violations in the domain of physical training and sports.

Chapter IX

IMPLEMENTATION PROVISIONS

Article 78.- Implementation effect

1. This Law takes effect on July 1, 2007.

2. The September 25, 2000 Ordinance on Physical Training and Sports ceases to be effective on the effective date of this Law.

Article 79.- Guidance for implementation

The Government shall detail and guide the implementation of Articles 4, 10, 11, 21, 28, 31, 50, 53, 55, 57, 65, 67 and 77 of this Law.

This Law was passed on November 29, 2006, by the XIth National Assembly of the Socialist Republic of Vietnam at its 10th session

 

 

THE NATIONAL ASSEMBLY
PRESIDENT




Nguyen Phu Trong

 

Thuộc tính Văn bản pháp luật 77/2006/QH11

Loại văn bản Luật
Số hiệu 77/2006/QH11
Cơ quan ban hành
Người ký
Ngày ban hành 29/11/2006
Ngày hiệu lực 01/07/2007
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Lĩnh vực Thể thao - Y tế
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Cập nhật 11 năm trước
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Law No. 77/2006/QH11 on physical training and sports
Loại văn bản Luật
Số hiệu 77/2006/QH11
Cơ quan ban hành Quốc hội
Người ký Nguyễn Phú Trọng
Ngày ban hành 29/11/2006
Ngày hiệu lực 01/07/2007
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Cập nhật 11 năm trước

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