Tiếng Việt| THE STANDING COMMITTEE OF NATIONAL ASSEMBLY | SOCIALIST REPUBLIC OF VIET NAM |
| No: 28/2000/PL-UBTVQH10 | Hanoi, September 25, 2000 |
ON PHYSICAL TRAINING AND SPORTS
Physical training and sports constitute a cause of the State and the entire population.
In order to develop the cause of physical training and sports; enhance the effectiveness of State management over physical training and sports, aimed at enhancing the entire people’s health and physical development, contributing to the creation and fostering of Vietnamese personality and serving the national construction and defense;
Pursuant to the 1992 Constitution of the Socialist Republic of Vietnam;
Pursuant to the Resolution of the Xth National Assembly, 6th session regarding the 2000 law- and ordinance-making program;
This Ordinance provides for physical training and sports.
The State exercises the unified management of the cause of physical training and sports; guides and inspects the implementation of physical training and sport development plans; makes rational investment in physical training and sports; and elaborates planning on the use of land for construction of physical training and sport stadiums and fields as well as material bases and public sport facilities.
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2. The State creates conditions for and encourages the scientific research and the application of scientific and technological advances in physical training and sport activities.
MASS PHYSICAL TRAINING AND SPORTS
The State develops mass physical training and sports with a view to enhancing the people’s health and harmoniously developing their physical and spiritual conditions.
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2. The people’s armed force units shall create conditions for their officers and men to participate in physical training and sport activities.
2. The contents, forms and regulations on mass physical training and sport competition must conform with the characteristics and conditions of concerned localities and units, and convenient for people’s participation.
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4. Athletes competing in mass physical training and sports and making outstanding achievements shall be considered for grade promotion and recognition of the national sport records.
SCHOOL PHYSICAL TRAINING AND SPORTS
2. Physical education in schools is compulsory, aiming to enhance the learners’ health and physical development, contributing to the formation and fostering of their personalities, thus meeting the requirements of all-sided education for learners.
3. The State encourages extracurricular physical training and sport activities in schools.
1. Working out physical education programs and directing the implementation thereof.
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3. Training, fostering and ensuring enough physical training and sport teachers and lecturers;
4. Stipulating the system of physical training and sport competition in schools.
Article 16.- Schools shall have the responsibility:
1. To implement physical education programs for the learners;
2. To organize extracurricular physical training and sport activities;
3. To build necessary material bases to meet the requirements of physical training and sport teaching and activities in schools.
Physical training and sport teachers and lecturers are entitled to occupational allowances on physical training and sports according to the Government’s stipulations.
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2. The State develops high- achievement sports with a view to bringing into full play the athletes’ physical capabilities, will and sport skills in order to obtain high achievements in sport competitions.
2. The sport training methods must bring into the fullest play the athletes’ capabilities, activeness, voluntariness and collectiveness as well as their will in training and competition, heightening their sense of citizen responsibility.
3. The sport training contents and methods must be reflected in sport training programs in conformity with the sport training objectives.
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1. To be selected to the national sport teams, athletes must fully meet the following conditions:
a/ Being Vietnamese citizens;
b/ Having professional capabilities and qualifications compatible with the selection criteria of each sport;
c/ Possessing good moral qualities.
2. Overseas Vietnamese meeting all conditions prescribed in Clause 1 of this Article shall be selected to national sport teams for international competitions in accordance with Vietnamese law and regulations of international sport tournaments.
3. Branches, localities and establishments having athletes selected to the national teams shall have to create conditions for those athletes to fulfill the task of practices and international sport competitions.
The Commission for Physical Training and Sports shall stipulate in detail the selection of athletes to the national sport teams.
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2. Overseas Vietnamese and foreigners residing and working in Vietnam who fully meet the conditions prescribed in Clause 1 of this Article are allowed to compete in tournaments in the country according to the provisions of Vietnamese law.
The competent State management bodies in charge of physical training and sports shall prescribe in detail the selection of athletes to sport teams.
The Government shall stipulate in detail the professional sports.
1. Forms of high- achievement sport competition organized in Vietnam:
a/ The sport festivals; regional, continental and world sport tournaments organized in Vietnam;
b/ The national physical training and sport festivals;
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d/ The physical training and sport competitions as well as tournaments for different sports of branches, provinces and centrally-run cities.
2. The Prime Minister shall permit the organization of sport tournaments specified at Points a and b, Clause 1 of this Article.
3. The minister-chairman of the Commission for Physical Training and Sports shall permit the organization of sport tournaments specified at Point c, Clause 1 of this Article.
4. The ministers, the heads of the ministerial-level agencies, the heads of the agencies attached to the Government and the presidents of the People’s Committees of the provinces and centrally-run cities shall permit the organization of sport tournaments specified at Point d, Clause 1 of this Article.
1. Conditions for the organization of high-achievement sport tournaments:
a/ Having the tournament regulations adopted by the competent State management bodies in charge of physical training and sports;
b/ Having tournament organizing committees set up by the hosting agencies or organizations;
c/ Having material bases and technical facilities that meet the tournament organization requirements and getting approval from the competent State management bodies in charge of physical training and sports.
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1. Forms of recognition of athletes’ high achievements in sport competitions:
a/ Recognizing national records in different sports;
b/ Awarding sport medals.
c/ Recognizing competition achievements in international tournaments.
2. The Commission for Physical Training and Sports shall recognize national records in different sports as well as sport competition achievements in international tournaments, and award sport medals.
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2. Coaches are persons trained in professional sport coaching, who are possessed of good moral qualities and recognized by the competent State management bodies in charge of physical training and sports.
3. Sport referees are persons who administer sport contests and determine the results thereof according to the rules of each sport; are professionally trained, possessed of good moral qualities and recognized by the competent State bodies in charge of physical training and sports.
4. The rights and obligations of sport athletes, coaches and referees shall be stipulated by the Government.
5. Athletes and coaches being foreigners working in Vietnam shall have the rights and obligations provided for in the contracts signed with the employing organizations and in the relevant law provisions.
PHYSICAL TRAINING AND SPORT ESTABLISHMENTS, VIETNAM OLYMPIC COMMITTEE, NATIONAL SPORT FEDERATION
Section 1. PHYSICAL TRAINING AND SPORT ESTABLISHMENTS
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1. Physical training and sport establishments include:
a/ The physical training and sport universities and colleges, which are set up to train and foster administrators, teachers, lecturers, coaches and referees; conduct scientific research into physical training and sports; and participate in the training of sport talents;
b/ The national sport training centers, which are set up to carry out the training plans of national sport teams and national juvenile sport teams;
c/ The physical training and sport centers, which are set up for coaching, training and practice sport teams of branches, provinces, centrally-run cities, urban and rural districts, provincial capitals and cities; as well as for training and fostering of sport talents;
d/ The physical training and sport vocational schools, which are set up to train and foster physical training and sport administrators, teachers and instructors at the grassroots level;
e/ The juvenile sport schools and centers, which are set up to organize and guide the sport practice for young people; discover and foster young sport talents;
f/ The physical training and sport clubs, which are set up to organize and guide physical training and sport activities for practicers;
g/ The physical training and sport service establishments, which are set up to provide services on physical training and sport practice, performance and competition at people’s requests.
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The physical training and sport establishments are entitled to receive and use financial supports and assistance of organizations and individuals according to law provisions.
Conditions for setting up physical training and sport establishments:
1. Having a contingent of physical training and sport officials and employees suited to the operation contents;
2. Having necessary material bases and technical facilities;
3. Having an operation plan approved by the competent State management body in charge of physical training and sports.
1. The competence to set up physical training and sport establishments is stipulated as follows:
a/ The Prime Minister shall decide the establish-ment of physical training and sport universities;
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c/ The Minister-Chairman of the Commission for Physical Training and Sports shall decide the establishment of national physical training and sport centers;
d/ The ministers, the heads of the ministerial-level agencies and the heads of the agencies attached to the Government shall decide the setting up of their attached physical training and sport establishments;
e/ The presidents of the People’s Committees of all levels shall decide the setting up of physical training and sport establishments under their respective management.
The authority competent to decide the setting up of a physical training and sport establishment shall also have competence to suspend the operation, merger, division, split or dissolution of such physical training and sport establishment.
2. Physical training and sport service establishments set up by organizations or individuals must register their professional operation contents with the competent State bodies in charge of physical training and sports in localities and operate according to the provisions of law.
2. The physical training and sport establishments shall have the responsibility to assist and create conditions for children, elderly and disabled persons to take part in physical training and sport activities.
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2. Vietnam Olympic Committee is subject to the State management of physical training and sports by the Commission for Physical Training and Sports.
3. The Prime Minister shall permit the establishment and ratify the Statute on organization and operation of Vietnam Olympic Committee.
Vietnam Olympic Committee shall represent Vietnam’s sports in the international Olympic movement.
Vietnam Olympic Committee shall have to take part in the development of domestic physical training and sport movement, support operations of the National Sport Federations; and join the Commission for Physical Training and Sports in making preparation for Vietnamese sport delegations to participate in international Olympic Games.
Section 3. NATIONAL SPORT FEDERATIONS
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2. The National Sport Federations are subject to the State management of physical training and sports by the Commission for Physical Training and Sports.
3. The Prime Minister shall permit the establishment and ratify the Statutes on organization and operation of the National Sport Federations.
INTERNATIONAL COOPERATION ON PHYSICAL TRAINING AND SPORTS
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1. Organizing and participating in international physical training and sport performances and competitions;
2. Effecting investment cooperation on physical training and sports;
3. Elaborating and implementing programs and projects on physical training and sports;
4. Conducting scientific research and application as well as transfer of advanced technologies in the field of physical training and sports;
5. Training, fostering and exchanging sport specialists, coaches, athletes and referees;
6. Exchanging information and experiences in the field of physical training and sports;
7. Combating negative phenomena in physical training and sport activities.
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STATE MANAGEMENT OF PHYSICAL TRAINING AND SPORTS
Section 1. CONTENTS AND AGENCIES OF STATE MANAGEMENT OF PHYSICAL TRAINING AND SPORTS
Article 48.- Contents of State management of physical training and sports:
1. Elaborating and directing the implementation of, strategy, planning, plans and policies for physical training and sport development;
2. Promulgating and organizing the implementation of, legal documents on physical training and sports;
3. Stipulating the organization of the apparatus for the State management of physical training and sports;
4. Organizing and directing the training and fostering of athletes, coaches, instructors, referees, administrators, teachers, lecturers and physical training and sport personnel; as well as sport training and competitions;
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6. Organizing and managing the scientific and technological research and application in the field of physical training and sports;
7. Organizing and managing international cooperation on physical training and sports;
9. Organizing and directing the commendation and reward in physical training and sport activities;
10. Inspecting, examining, settling complaints and denunciations and handling violations of the legislation on physical training and sports.
1. The Government exercises the unified State management of physical training and sports.
2. The Commission for Physical Training and Sports is responsible before the Government for exercising the State management of physical training and sports.
3. The ministries, the ministerial-level agencies and the agencies attached to the Government shall, within the ambit of their tasks and powers, have to exercise the State management of physical training and sports.
The Government shall specify the responsibilities of ministries, ministerial-level agencies and agencies attached to the Government in coordination with the Commission for Physical Training and Sports to exercise the State management of physical training and sports.
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The organization, tasks and powers of the specialized physical training and sport inspectorate shall be provided for by the Government.
Section 2. PHYSICAL TRAINING AND SPORTS DEVELOPMENT SOURCES
Article 51.- Financial sources for investment in physical training and sport shall include:
1. State budget allocation for investment in physical training and sport development;
2. Revenues from physical training and sport activities and services; financial supports and assistance from domestic and foreign organizations and individuals as prescribed by law.
2. The financial investment sources for physical training and sport development must be used for the right purposes and in an efficient manner according to law provisions.
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2. Organizations and individuals that invest in the construction of public physical training and sport facilities, provide supports in cash or properties for physical training and sport development shall be considered for recognition in appropriate forms.
2. When planning the construction of schools, population quarters or camps of the people’s armed force units, the physical training and sport projects must be included in the general planning for construction.
3. The physical training and sport projects must be arranged in areas convenient for people’s participation in activities thereat.
4. Agencies, organizations and individuals shall have to use for the right purposes and in an efficient manner physical training and sport projects as well as the land reserved therefor.
COMMENDATION, REWARD AND HANDLING OF VIOLATIONS
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2. Officials and employees who commit acts of violation directly related to the violations stipulated in Clause 1 of this Article shall be disciplined according to the provisions of law.
3. Any person who commits one of the following acts shall, depending on the nature and seriousness of his/her violation, be disciplined, administratively sanctioned or examined for penal liabilities; and, if causing damage, pay compensation therefor as prescribed by law:
a/ Abusing sport competition for unlawful gambling or betting;
b/ Appropriating or using financial sources, land and material bases which are reserved exclusively for physical training and sports for the wrong purposes;
c/ Disturbing public order at places of sport practice, performance or competition;
d/ Other acts violating the legislation on physical training and sports.
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Article 58.- This Ordinance takes effect as from the date of its promulgation.
The earlier provisions contrary to this Ordinance are all now annulled.
ON BEHALF OF THE NATIONAL ASSEMBLY STANDING COMMITTEE
CHAIRMAN
Nong Duc Manh