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GOVERNMENT OF VIETNAM |
THE SOCIALIST REPUBLIC OF VIETNAM |
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No. 36/2019/ND-CP |
Hanoi, April 29, 2019 |
ON ELABORATION ON SOME ARTICLES OF THE LAW ON AMENDMENTS TO THE LAW ON PHYSICAL TRAINING AND SPORTS
Pursuant to the Law on Government Organization dated June 19, 2015;
Pursuant to the Law on amendments to the Law on Physical Training and Sports dated June 14, 2018;
Pursuant to the Law on Investment dated November 26, 2014;
Pursuant to Law on amendments to Article 6 and Appendix 4 on the List of conditional business lines prescribed in the Law on Investment No. 67/2014/QH13;
At the request of the Minister of Culture, Sports and Tourism;
The Government promulgates the Decree on elaboration on some articles of the Law on amendments to the Law on Physical Training and Sports.
This Decree promulgates the elaboration on some articles of the Law on amendments to the Law on Physical Training and Sports regarding the following matters:
1. Benefits and policies for implementation of the rights of athletes and coaches participating in high-performance sports.
2. Business conditions for professional sports clubs conducting sports activities.
3. Business conditions for enterprises conducting sports activities.
1. Vietnamese individuals and organizations; foreign individuals and organizations engaging in physical training and sports activities within the territory of Vietnam.
2. State management authorities related to physical training and sports; other organizations and individuals related to physical training and sports.
BENEFITS AND POLICIES FOR IMPLEMENTATION OF THE RIGHTS OF ATHLETES AND COACHES PARTICIPATING IN HIGH-PERFORMANCE SPORTS
Article 3. Healthcare and injury treatment
1. The superior units of high-performance athletes are responsible for:
a) Conducting initial health check-ups for athletes immediately upon selection into training centers and sports teams;
b) Conducting periodic health check-ups for athletes at least twice a year;
c) Conducting health check-ups for athletes before participating in high-performance sports competitions.
2. The health check-ups for athletes prescribed in points a and b, clause 1 of this Article include the following content:
a) Check-up and evaluation regarding fitness;
b) Check-up and evaluation regarding body morphology;
c) Check-up and evaluation regarding psychology;
d) Check-up and evaluation regarding biomedicine.
3. The content of health check-ups for athletes prescribed in point c, clause 1 of this Article shall comply with the law.
4. High-performance athletes are eligible for healthcare, functional rehabilitation and injury treatment at domestic medical facilities.
In special cases, the Minister of Culture, Sports and Tourism may allow high-performance athletes who are summoned for training with the national sports teams for participation and have the potential to win medals at the Asian Games (hereinafter referred to as ASIAD), the Olympic Games; and athletes participating in the World Paralympic Games (hereinafter referred to as the Paralympic Games) to receive injury treatment abroad.
Article 4. Specialized diet plans
1. High-performance athletes are entitled to a specialized diet plan to ensure adequate nutritional intake necessary for their high-performance sports training and competition activities including:
a) Daily meals;
b) Functional foods.
2. High-performance sports coaches are entitled to the benefit prescribed in point a, clause 1 of this Article.
3. The duration of entitlement to the specialized diet plan is the training and competition periods of coaches and athletes.
4. High-performance coaches and athletes who are summoned to the national sports teams to prepare for the Southeast Asian Games (hereinafter referred to as SEA Games), ASIAD, and the Olympic Games are entitled to a diet plan up to 50% higher than the level prescribed in clause 1 of this Article for a period not exceeding 90 days.
5. High-performance coaches and athletes who are summoned to the national sports teams; have the potential to win a gold medal at the ASIAD, win a gold medal at the Youth Olympic Games; have the potential to qualify for the Olympic Games, as well as coaches and athletes participating in the Paralympic Games are entitled to a diet plan up to 100% higher than the level prescribed in clause 1 of this Article.
The Minister of Culture, Sports and Tourism shall decide the List of coaches and athletes entitled to the benefit prescribed in this clause.
6. High-performance athletes who are summoned to the national sports teams; have the potential to win medals at the ASIAD; participate in the qualifying rounds and the Olympic Games, as well as athletes participating in the Paralympic Games are entitled to functional food benefit in accordance with specific characteristics of each sport as prescribed by the Minister of Culture, Sports and Tourism.
7. Coaches and athletes upon training abroad are entitled to daily meal benefit in accordance with the invitation letter or the contract signed between the domestic athlete management agency and the foreign training facility.
8. When market prices fluctuate by 10% or more in accordance with the announcement of the General Statistics Office, the Ministry of Finance shall take the charge and cooperate with the Ministry of Culture, Sports and Tourism in reaching an agreement on adjusting the expenditure level to appropriately implement the diet plan.
9. The Ministry of Finance shall take charge and cooperate with the Ministry of Culture, Sports and Tourism in regulating detailed specialized diet plan for coaches and athletes as prescribed in this Article.
Article 5. Assurance of general education and political education
1. Athletes who are studying at educational institutions or vocational education institutions and are summoned to the national sports teams, sports teams of provinces and cities, or sectoral sports teams for training and competition shall have their tuition fees paid by the superior units in accordance with the law.
2. Athletes who achieve outstanding results in national or international sports competitions may be exempt from lower or upper secondary school graduation examination if their examination schedule coincides with their schedule for training abroad or participation in international sports competitions.
3. The superior units of athletes are responsible for:
a) Organize provision of supplementary general education knowledge for high-performance athletes after they participate in training and competitions at domestic and international sports events; cover expenses related to organization of these classes for the athletes;
b) Regularly educate and disseminate the tradition of patriotism and national pride; provide information and promote awareness about the domestic and international political, economic and social situation, as well as the activities of the sector to coaches and athletes;
c) Encourage and create favorable conditions for coaches and athletes to study foreign languages and information technology; and to participate in cultural, artistic and social activities.
Article 6. Preferential treatment regarding professional training and development
Athletes and coaches of the national sports teams who have graduated from upper secondary school and have been confirmed by the Ministry of Culture, Sports and Tourism to have completed their duties participating in the Olympic Games, World Championships, World Cup, ASIAD, Asian Championships, Asian Cup, SEA Games, Southeast Asian Championships and Southeast Asian Cup are prioritized for the following preferential treatment:
1. Direct admission to majors related to sports or physical education at universities and colleges.
2. Participation in domestic and international training courses for coaches and professional skill development.
3. Consideration for exemption and reduction of tuition fees; support for study expenses in accordance with the law.
Article 7. Preferential treatment regarding vocational training and employment support
1. If national sports team athletes, as well as athletes of sports teams of provinces and cities, or sectoral sports teams have the need for vocational training and meet the conditions for receiving vocational training support after retiring from their athletic careers, they shall be provided vocational training support in accordance with Decree No. 61/2015/ND-CP dated July 9, 2015 of the Government on policies for employment support and the National Employment Fund.
2. Athletes who win medals at the Olympic Games, ASIAD and SEA Games are prioritized for the following preferential treatment:
a) Consideration for direct recruitment to work at public sports facilities in positions suitable for the job vacancies;
b) Receive priority points in recruitment at sports facilities when meeting the required professional qualifications and competencies for the job vacancies;
c) Receive 100% of the salary and allowances for the titles corresponding to the job vacancies during the probation period.
The benefits regarding salaries; training and competition allowances; social insurance; health insurance; unemployment insurance; occupational accident and disease insurance; insurance during training and competition abroad; and performance-based bonuses for coaches and high-performance athletes during periods of training and competition shall comply with Government’s Decree No. 152/2018/ND-CP dated November 7, 2018 on benefits for coaches and athletes during periods of training and competition.
BUSINESS CONDITIONS FOR PROFESSIONAL SPORTS CLUBS AND ENTERPRISES CONDUCTING SPORTS ACTIVITIES
Section 1. BUSINESS CONDITIONS FOR PROFESSIONAL SPORTS CLUBS CONDUCTING SPORTS ACTIVITIES
A professional coach shall satisfy one of the following conditions:
1. Hold a sports-related bachelor’s degree suitable to the professional sport activity and have completed the training program for professional coach of the national sports federation.
2. Hold a professional coach certificate issued by the continental or international sports federation of the professional sport.
3. Hold a professional coach certificate issued by a foreign country and recognized by the continental or international sports federation of the professional sport.
Article 10. Professional athlete
A professional athlete shall satisfy one of the following conditions:
1. Have an employment contract with a professional sports club.
2. Be recognized as a professional athlete by the national sports federation. In the case of foreign athletes participating in professional sports competitions in Vietnam, they must have an international transfer certificate and a work permit in accordance with labor law.
Medical staff who are regularly present during professional sports training sessions and competitions, or medical staff from healthcare facilities contracted by professional sports clubs to provide first aid and emergency care for participants in professional sports activities must hold the degree of associate in health.
Article 12. Facilities and equipment
Facilities and equipment for professional sports training and competition shall satisfy national technical regulations, Vietnamese standards, or international standards; and comply with the regulations of international professional sports organizations.
Section 2. BUSINESS CONDITIONS FOR ENTERPRISES CONDUCTING SPORTS ACTIVITIES
Article 13. Professional staff
Professional staff of an enterprise engaging in sports business includes:
1. A sports trainer shall satisfy one of the following conditions:
a) Be a coach or an athlete with a rank of level 2 or higher, or an equivalent rank suitable for the registered sports activity;
b) Hold a diploma in physical education and sports at intermediate level or higher, and suitable for the registered sports activity;
c) Have participated in professional sports training as prescribed by the Minister of Culture, Sports and Tourism.
2. Lifeguard.
3. Medical staff.
Article 14. Facilities and equipment
Enterprises engaging in sports business must have facilities and sports equipment that meet the national technical regulations issued by the Minister of Culture, Sports and Tourism.
Article 15. Business conditions for enterprises conducting sports activities with trainers
Enterprises conducting business that provide sports training services or sports activities in the List of sports activities requiring trainers as prescribed by the Minister of Culture, Sports and Tourism shall satisfy the following conditions:
1. a) Having trainers as prescribed in clause 1, Article 13 of this Decree;
2. a) Having facilities and equipment as prescribed in Article 14 of this Decree.
Article 16. Business conditions for enterprises conducting extreme sports activities
Enterprises conducting business in sports activities in the List of extreme sports activities as prescribed by the Minister of Culture, Sports and Tourism shall satisfy the following conditions:
1. Having sufficient professional staff as prescribed in Article 13 of this Decree including:
a) Sport trainers;
b) Lifeguard;
c) Permanent medical staff or medical staff as in written agreement with the nearest medical facility for first aid and emergency care of participants in extreme sports activities (if necessary).
2. Having facilities and equipment as prescribed in Article 14 of this Decree.
Article 17. Business conditions for enterprises conducting underwater sports activities
1. Having lifeguard.
2. Having facilities and equipment as prescribed in Article 14 of this Decree.
3. Having motor lifeboat for sports activities on/in/under rivers, the sea, lakes or big streams.
ISSUANCE, RE-ISSUANCE OR REVOCATION OF CERTIFICATE OF ELIGIBILITY FOR SPORTS BUISNESS ACTIVITIES OF ENTERPRISES
Article 18. Certificate of eligibility for sports business activities of enterprise
1. Certificate of eligibility for sports business activities of enterprise (hereinafter referred to as Certificate of eligibility) shall comply with Form No. 01 in Appendix attached to this Decree including the following content:
a) Name and headquarters of the enterprise;
b) Full name of the legal representative;
c) Location of sports business operation;
d) List of sports business activities;
dd) Date of issuance; authority issuing the Certificate of eligibility.
2. Enterprises are only allowed to conduct sports business activities after obtaining a Certificate of eligibility issued by the competent authority.
Article 19. Application for issuance of Certificate of eligibility
The application for issuance of Certificate of eligibility includes:
1. A request for issuance of Certificate of eligibility using Form No. 02 in Appendix attached to this Decree.
2. Summary report on the preparation of conditions for conducting sports business activities using Form No. 03 in the Appendix attached to this Decree (with a copy of the Business Registration Certificate; copies of diplomas, certificates and professional certificates of professional staff for cases prescribed in Articles 15, 16 and 17 of this Decree).
Article 20. Procedures for issuance of Certificate of eligibility
1. The enterprise shall submit one set of application to the physical training and sports authority under the province-level People’s Committee where the sports business location is registered, or to the authority where the enterprise’s headquarters is located in case the enterprise has multiple business locations.
The physical training and sports authority under the province-level People’s Committee (hereinafter referred to as the authority issuing Certificate of eligibility) shall issue a note of receipt to the applicant. If the application requires amendment or supplementation, the authority issuing Certificate of eligibility shall notify the enterprise in person or in writing of the required amendments within 03 working days from the receipt of the application.
2. The inspection of the conditions for conducting sports business activities of enterprises shall comply with point b, clause 2, Article 55 of the Law on Physical Training and Sports (amended by clause 24, Article 1 of the Law on amendments to the Law on Physical Training and Sports).
3. The receipt of application and return of result shall be carried out at the office of the Certificate of eligibility, by post or online.
Article 21. Re-issuance of Certificate of eligibility
1. Enterprises are eligible for re-issuance of Certificate of eligibility in one of the following cases:
a) There are changes to content prescribed in points a, c and d, clause 1, Article 18 of this Decree;
b) The Certificate of eligibility is lost or damaged.
2. The application for re-issuance of Certificate of eligibility in cases prescribed in point a, clause 1 of this Article includes:
a) A request for re-issuance of Certificate of eligibility using Form No. 04 in Appendix attached to this Decree;
b) The issued Certificate of eligibility;
c) Documents proving the changes to the content of the Certificate of eligibility.
3. The application for re-issuance of Certificate of eligibility in cases prescribed in point b, clause 1 of this Article includes:
a) A request for re-issuance of Certificate of eligibility using Form No. 04 in Appendix attached to this Decree;
b) The damaged Certificate of eligibility.
Article 22. Procedures for re-issuance of Certificate of eligibility
1. The enterprise shall submit one set of application to the authority issuing Certificate of eligibility where the sports business location is registered, or where the enterprise’s headquarters is located in case the enterprise has multiple business locations.
The authority issuing Certificate of eligibility shall issue a note of receipt to the applicant. If the application requires amendment or supplementation, the authority issuing Certificate of eligibility shall notify the enterprise in person or in writing of the required amendments within 03 working days from the receipt of the application.
2. Within 05 working days from the receipt of the valid application, the authority issuing Certificate of eligibility shall appraise the application and re-issue the Certificate of eligibility. In case where it is not eligible for re-issuance, the authority issuing Certificate of eligibility shall make response stating reasons in writing.
3. The receipt of application and return of result shall be carried out at the office of the Certificate of eligibility, by post or online.
Article 23. Revocation of Certificate of eligibility
1. Enterprises shall have their Certificate of eligibility revoked in one of the following cases:
a) The enterprise provides false information in the application for issuance of Certificate of eligibility;
b) The enterprise terminates its sports business activities.
2. Procedures for revocation of Certificate of eligibility
a) Procedures for revocation of Certificate of eligibility in cases prescribed in point a, clause 1 of this Article:
The authority issuing Certificate of eligibility shall issue the Decision on revocation of Certificate of eligibility; and notify the Decision to relevant authorities for implementation.
The enterprise shall return the issued Certificate of eligibility and terminate all sports business activities after the Decision on revocation takes effect.
b) Procedures for revocation of Certificate of eligibility in cases prescribed in point b, clause 1 of this Article:
Within 03 working days from the termination of sports business activities, the enterprise shall return the Certificate of eligibility to the issuing authority.
Within 03 working days from the receipt of the Certificate of eligibility returned by the enterprise, the issuing authority shall issue the Decision on revocation; and notify the Decision to the relevant authorities for implementation.
Article 24. Transitional provisions
1. Within 12 months from the effective date of this Decree, business household and other organizations conducting business in extreme sports and sports activities with trainers shall satisfy all business conditions prescribed in clause 25, Article 1 of the Law on amendments to the Law on Physical Training and Sports, and this Decree.
2. Within 24 months from the effective date of this Decree, the Minister of Culture, Sports and Tourism shall issue national technical regulations on facilities and sports equipment for enterprises conducting sports business activities in accordance with Article 14 of this Decree.
Effective regulations on facilities and equipment for each sport before the effective date of this Decree shall be carried out until the national technical regulations on facilities and equipment for each sport for enterprises conducting sports business activities are issued.
1. This Decree comes into force from June 14, 2019.
2. The following legislative documents shall cease to be effective from the effective date of this Decree:
a) Article 11 of Decree No. 112/2007/ND-CP dated June 26, 2007 of the Government elaborating the implementation of some articles of the Law on Physical Training and Sports;
b) Decree No. 106/2016/ND-CP dated July 01, 2016 of the Government on conditions for sports business;
c) Article 4 of Decree No. 142/2018/ND-CP dated October 09, 2018 of the Government on amendments to regulations on conditions for business investment under the state management of the Ministry of Culture, Sports and Tourism;
d) Decision No. 67/2008/QD-TTg dated May 26, 2008 of the Prime Minister on specialized diet plan for high-performance athletes and coaches;
dd) Decision No. 82/2013/QD-TTg dated December 31, 2013 of the Prime Minister on specialized policies for excellent athletes and coaches;
Article 26. Implementation and guidelines
1. The Ministry of Culture, Sports and Tourism is responsible for implementing this Decree.
2. Ministers; Heads of ministerial authorities; Heads of Governmental authorities; Presidents of People’s Committees of provinces and cities are responsible for implementing this Decree./
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ON THE BEHALF OF THE GOVERNMENT Nguyen Xuan Phuc |
(Attached to Decree No. 36/2019/ND-CP dated April 29, 2019 of the Government)
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Form No. 01 |
Certificate of eligibility for sports business activities |
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Form No. 02 |
Application for issuance of Certificate of eligibility for sports business activities |
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Form No. 03 |
Summary report on the preparation of conditions for conducting sports business activities |
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Form No. 04 |
Application for re-issuance of Certificate of eligibility for sports business activities |
Front page:
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PEOPLE’S COMMITTEE OF PROVINCE/CITY |
THE SOCIALIST REPUBLIC OF VIETNAM |
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Date: /GCN….. |
…….(place of issuance), date…………………….. |
CERTIFICATE OF ELIGIBILITY FOR SPORTS BUSINESS ACTIVITIES
1. Name of the enterprise granted Certificate of eligibility (capital letters): ………………………………………………………………………………………………………
Transaction name (if any): ………………………………………………………………………
Abbreviated name (if any): ………………………………………………………………………
2. Address of headquarters: …………………………………………………………………….
Phone number: …………………………….. Fax: ………………………………………………
Website: …………………………. Email: ……………………………………………………….
3. Full name of the legal representative: ………………………………………………………
Gender: ……………………………. Title: ……………………………………………..
Date of birth: …../ …../ ….. Ethnicity: …………. Nationality: …………………………………
Number of Citizen identity card/Identity card/Passport: ………………….
Date of issuance: ……/ …../ ….. Place of issuance: ………………………………………………………………
Place of permanent residence: ……………………………………………………………….
Current place of residence: ………………………………………………………………………
4. Business location: ………………………………………………………………………….
5. List of sports business activities (specify in details)
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ISSUED BY |
Back page:
REGULATIONS
The enterprise shall comply with the following regulations while conducting sports business activities:
1. It is prohibited to sell, lease, lend, or mortgage the Certificate of eligibility; alter, erase, or amend any content in this Certificate. In case the Certificate is lost, immediately report to the issuing authority.
2. This Certificate shall be kept at the business location or at the enterprise’s headquarter in case where the enterprise has multiple business locations as prescribed in the Certificate. It shall be presented at the request of competent authorities.
3. The enterprise shall ensure the conditions for sports business activities as prescribed by laws on physical training and sports.
4. Upon termination of sports business activities, the enterprise shall notify and return this Certificate to the issuing authority.
THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Issuance of Certificate of eligibility for sports business activities
To: (Name of the authority issuing the Certificate of eligibility for sports business activities)
1. Name of the enterprise applying for issuance of Certificate of eligibility (capital letters): ……………………………………………………………………………………………………….
Transaction name (if any): …………………………………………………………………………
Abbreviated name (if any): …………………………………………………………………………
2. Number of Business Registration Certificate: …… issued by: ………. issued on ……………………………………, with the ……. amendment on …………………
3. Address of headquarters: ………………………………………………………………………
Phone number: …………………….Fax: …………………………………………………………
Website: ………………………..Email: ……………………………………………………………
4. Full name of the legal representative: ………………………………………………………..
Gender: ………………………..Title: …………………………………………………….
Date of birth: …../…../ …… Ethnicity: ………….Nationality: ……………………………………
Number of Citizen identity card/Identity card/Passport: ……………………
Date of issuance: …../ …../ ….. Place of issuance: …………………………………………………………………
Place of permanent residence: ………………………………………………………………….
Current place of residence: …………………………………………………………………………
5. Location of sports business operation: …………………………………………………….
6. Based on the applicable regulations, we would like to apply for the issuance of the Certificate of eligibility for sports business activities for (enterprise name) for conducting (names of sports business activities) in accordance with Decree No. ………/2019/ND-CP dated ………., 2019 of the Government on elaboration on the Law on amendments to some articles of the Law on Physical Training and Sports.
7. We commit to carry out the following matters:
– Strictly comply with regulations on sports business activities as prescribed by law;
– Take responsibility for the accuracy and truthfulness of the content of the application for the issuance of the Certificate of eligibility for sports business activities./.
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………., date……………………………… |
THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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On the preparation of conditions for conducting (names of sports business activities)
To: (Name of the authority issuing the Certificate of eligibility for sports business activities)
– Name of the enterprise applying for issuance of Certificate of eligibility (capital letters): ………………………………………………………………………………………………..
– Address of headquarters: ……………………………………………………………………
Phone number: …………………….Fax: ……………………………………………………..
Website: …………………………………………………………………………………………
Email: ……………………………………………………………………………………………
Below is the summary of the preparation of conditions for conducting (names of sports business activities) of (name of the enterprise applying for the Certificate of eligibility for sports business activities):
1. Professional staff (in case it is required to have professional staff as prescribed in Decree No…………./2019/ND-CP dated …………., 2019 of the Government on elaboration on the Law on amendments to some articles of the Law on Physical Training and Sports):
– Quantity: ………………………………………………………………………………………..
– Professional qualification of each staff (in accordance with Decree No…………./2019/ND-CP dated …………., 2019 of the Government on elaboration on the Law on amendments to some articles of the Law on Physical Training and Sports).
2. Facilities, sports equipment and business area:
Description of facilities, sports equipment and business area (in accordance with Decree No…………./2019/ND-CP dated …………., 2019 of the Government on elaboration on the Law on amendments to some articles of the Law on Physical Training and Sports): ……………..
3. Financial sources for business activities: ……………………………..
We commit to carry out the following matters:
– Take responsibility for the accuracy and truthfulness of the summary;
– Maintain the compliance with the above conditions during the business activities, and bear full responsibility for the stated conditions./.
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APPLIED BY |
THE SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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Re-issuance of Certificate of eligibility for sports business activities
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To: (Name of the authority issuing the Certificate of eligibility for sports business activities)
1. Name of the enterprise applying for issuance of Certificate of eligibility (capital letters): ………………………………………………………………………………………………………
Transaction name (if any): …………………………………………………………………………
Abbreviated name (if any): …………………………………………………………………………
2. Address of headquarters: ………………………………………………………………………..
Phone number: ………………………………. Fax: ………………………………………………
Website: ………………………..Email: …………………………………………
3. Full name of the legal representative: ……………………………………………………….
Gender: ………………………..Title: …………………………………………………
Date of birth: ……/ …../ …….. Ethnicity: …………….. Nationality: ……………………………
Number of Citizen identity card/Identity card/Passport: ………………….
Date of issuance: ……./ …../ ….. Place of issuance: …………………………………………
Place of permanent residence: …………………………………………………………………
Current place of residence: …………………………………………………………………………
4. Number of Business Registration Certificate: ………..Issued by: …………….issued on ……………………………………, with the ……. amendment on …………………
5. Reason for re-issuance: ……………………………………………………………………………
6. Based on the applicable regulations, we would like to apply for the re-issuance of the Certificate of eligibility for sports business activities for (enterprise name) for conducting (names of sports business activities) in accordance with Decree No. ………/2019/ND-CP dated ………., 2019 of the Government on elaboration on the Law on amendments to some articles of the Law on Physical Training and Sports.
7. We commit to carry out the following matters:
– Strictly comply with regulations on sports business activities as prescribed by law;
– Take responsibility for the accuracy and truthfulness of the content of the application for the re-issuance of the Certificate of eligibility for sports business activities./.
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…….., date………………………… |
