Anti-Doping Rule Violations in Vietnam

Anti-Doping Rule Violations in Vietnam (Internet image)

On May 17, 2024, the Minister of Culture, Sports and Tourism issued Circular 01/2024/TT-BVHTTDL on prescribing anti-doping in sports in Vietnam.

Anti-Doping Rule Violations in Vietnam

- Presence of a prohibited substance or its metabolites or makers in an athlete’s sample.

- Use or attempted use by an athlete of a prohibited substance or prohibited method.

- Evading, refusing or failing to submit to sample collection without compelling justification after notification by a duly authorized person.

- Violation of applicable requirements regarding athlete availability for out-of-competition testing.

- Tampering or attempted tampering with any part of doping control.

- Possession of a prohibited substance or prohibited method.

- Trafficking of any prohibited substance or prohibited method.

- Administration to an athlete in-competition or out-of-competition of any prohibited substance or prohibited method; assisting, encouraging, aiding, abetting, covering up or any other type of intentional complicity involving an anti-doping rule violation.

- Conspiring or covering up one or some of violations in Clauses 1 through 8 of this Article.

- Association by an athlete in a professional or sport-related capacity with a person such as a coach, doctor, physio or trainer who is serving a sanction for an anti-doping rule violation.

- Acts to discriminate or retaliate against reporting on doping activities.

(Article 5 of Circular 01/2024/TT-BVHTTDL)

Anti-doping rules in Vietnam

- Anti-doping activities shall be carried out regularly to protect the athletes’ right to train and compete in a doping-free sport environment.

- Ensure the compliance with WADA’s regulations, international standards and Vietnam’s domestic law regulations on anti-doping in sports.

- Promote close and effective cooperation between domestic and foreign organizations and individuals that participate or involve in sports to prevent and fight against doping.

- Ensure that athletes will be adequately provided with anti-doping education and communication programs.

- Respect the independence of and prevent interference in decision-making process and professional operations of Vietnam’s Anti-Doping Organization in conformity with provisions of the World Anti-Doping Code.

(Article 4 of Circular 01/2024/TT-BVHTTDL)

Regulations on hearing of professional complaints and appeals related to anti-doping activities in Vietnam

- Within 21 days from the receipt of the conclusion on an application for TEU or on a violation, the athlete, relevant organization and individual are entitled to make professional complaints or appeals against such conclusions. Regarding appeals of WADA, the right to file appeal and appeal deadline shall comply with provisions of the World Anti-Doping Code.

- The Sports Authority of Vietnam shall decide to establish a panel in charge of hearing professional complaints and appeals related to anti-doping activities (herein after referred to as "hearing panel") to consider hearing complaints and appeals in accordance with provisions of the World Anti-Doping Code. The hearing panel is established following the rule of respecting the requirements laid down in the definition of organizational and operational independence of the World Anti-Doping Code, International Standards for Results Management and in conformity with provisions of the Law on Physical Training and Sports.

- The hearing panel works following the democratic principle and majority rule, and in compliance with the World Anti-Doping Code and International Standards for Results Management.

- The hearing panel shall include at least 03 – 09 members, including a Chairperson and other members. Total number of members of the hearing panel must be an odd number. Members of the hearing panel include independent experts, including legal, sports and medical experts, and other qualified individuals as prescribed in the World Anti-Doping Code and International Standards for Results Management.

- In case involving international-level athletes, or in cases arising from participation in an international sports event or in other cases as prescribed in the World Anti-Doping Code, complaints or appeals may be submitted directly to the Court of Arbitration for Sport (CAS).

- Operating duration of the hearing panel is specified in its establishment decision.

(Article 16 of Circular 01/2024/TT-BVHTTDL)

More details can be found in Circular 01/2024/TT-BVHTTDL, which comes into force from July 9, 2024.

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