Regulations on hearing of professional complaints and appeals related to anti-doping activities in Vietnam as of July 9, 2024

Regulations on hearing of professional complaints and appeals related to anti-doping activities in Vietnam as of July 9, 2024 (Internet image)

Regarding this matter, LawNet would like to answer as follows: 

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

Regulations on hearing of professional complaints and appeals related to anti-doping activities in Vietnam as of July 9, 2024

Hearing of professional complaints and appeals related to anti-doping activities in Vietnamg is stipulated in Article 16 of Circular 01/2024/TT-BVHTTDL as follows:

- 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.

Responsibilities of Vietnam’s Anti-Doping Organization 

According to Article 18 of Circular 01/2024/TT-BVHTTDL, the responsibilities of Vietnam’s Anti-Doping Organization  are as follows:

- Comply with the roles and responsibilities defined in the World Anti-Doping Code and international standards.

- Play the leading role in performing anti-doping tasks in Vietnam.

- Develop a system of collaborators and volunteers for collecting samples and developing anti-doping education and communication programs.

- Cooperate with press agencies affiliated to the Ministry of Culture, Sports and Tourism of Vietnam in performing anti-doping education and communication activities.

- Instruct athletes to provide accurate and up-to-date information about their whereabouts, applications for TEUs and other forms in accordance with provisions of the World Anti-Doping Code and relevant international standards.

- Manage and protect anti-doping data in accordance with provisions of the World Anti-Doping Code, international standards for protection of privacy and personal information, and Vietnam’s regulations of law.

- Cooperate with international organizations and anti-doping agencies in intensifying anti-doping activities in sports.

- Monitor and expedite the implementation of conclusions on anti-doping rule violations.

- Perform other tasks as prescribed in the World Anti-Doping Code.

Nguyen Ngoc Que Anh

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