Circular No. 01/2024/TT-BVHTTDL dated May 17, 2024 on prescribing anti-doping in sports
Circular No. 01/2024/TT-BVHTTDL dated May 17, 2024 on prescribing anti-doping in sports
| Sign: | 01/2024/TT-BVHTTDL | Document type: | Circular |
| Promulgation place: | The Ministry Of Culture, Sports And Tourism | Signer: | Nguyen Van Hung |
| Promulgation day: | 17/05/2024 | Effect day: | Known |
| Announcement day: | Updating | Announcement number: | Updating |
| Status: | Known |
| Sign: | 01/2024/TT-BVHTTDL |
| Document type: | Circular |
| Promulgation place: | The Ministry Of Culture, Sports And Tourism |
| Signer: | Nguyen Van Hung |
| Promulgation day: | 17/05/2024 |
| Effect day: | Known |
| Announcement day: | Updating |
| Announcement number: | Updating |
| Status: | Known |
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THE
MINISTRY OF CULTURE, SPORTS AND TOURISM OF VIETNAM |
THE
SOCIALIST REPUBLIC OF VIET NAM |
|
No. 01/2024/TT-BVHTTDL |
Hanoi, May 17, 2024 |
CIRCULAR
PRESCRIBING ANTI-DOPING IN SPORTS
Pursuant to the Law on physical training and sports dated November 29, 2006 and the Law on amendments to the Law on physical training and sports dated June 14, 2018;
Pursuant to the Government’s Decree No. 01/2023/ND-CP dated January 16, 2023 defining functions, tasks, powers and organizational structure of the Ministry of Culture, Sports and Tourism of Vietnam;
At the request of the Director of the Sports Authority of Vietnam,
The Minister of Culture, Sports and Tourism of Vietnam promulgates a Circular prescribing anti-doping in sports.
GENERAL PROVISIONS
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1. This Circular provides regulations on anti-doping in sports, including:
a) Education and communication;
b) Doping testing;
c) Results management;
d) Responsibilities of relevant organizations and individuals for anti-doping.
2. Anti-doping activities in sports shall be carried out in accordance with the World Anti-Doping Code, international standards adopted by the World Anti-Doping Agency, and Vietnam’s anti-doping regulations.
This Circular applies to organizations and individuals participating in sports activities, other organizations and individuals involved in sports activities in Vietnam; Vietnamese organizations and individuals participating in sports activities in foreign countries.
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Vietnam’s Anti-Doping Organization means the unit assigned by the Sports Authority of Vietnam to perform anti-doping tasks in sports in accordance with provisions of the World Anti-Doping Code and Vietnam’s laws.
WADA is an English abbreviation of the World Anti-Doping Agency.
Therapeutic Use Exemption allows an athlete with a medical condition to use a prohibited substance or prohibited method, but only if the conditions set out in corresponding articles of the World Anti-Doping Code and the International Standard for Therapeutic Use Exemptions are met.
Results management is a term defined in the World Anti-Doping Code.
Professional complaint or appeal related to anti-doping activities means a request submitted by an organization or individual for re-consideration of their rights and interests under a decision to impose penalties for a violation of the World Anti-Doping Code committed by that organization or individual. Order and procedures for hearing complaints or appeals shall comply with provisions of the World Anti-Doping Code.
1. Anti-doping activities shall be carried out regularly to protect the athletes’ right to train and compete in a doping-free sport environment.
2. Ensure the compliance with WADA’s regulations, international standards and Vietnam’s domestic law regulations on anti-doping in sports.
3. Promote close and effective cooperation between domestic and foreign organizations and individuals that participate or involve in sports to prevent and fight against doping.
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5. 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 5. Anti-Doping Rule Violations
1. Presence of a prohibited substance or its metabolites or makers in an athlete’s sample.
2. Use or attempted use by an athlete of a prohibited substance or prohibited method.
3. Evading, refusing or failing to submit to sample collection without compelling justification after notification by a duly authorized person.
4. Violation of applicable requirements regarding athlete availability for out-of-competition testing.
5. Tampering or attempted tampering with any part of doping control.
6. Possession of a prohibited substance or prohibited method.
7. Trafficking of any prohibited substance or prohibited method.
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9. Conspiring or covering up one or some of violations in Clauses 1 through 8 of this Article.
10. 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.
11. Acts to discriminate or retaliate against reporting on doping activities.
EDUCATION AND COMMUNICATION
Article 6. Purposes of education and communication
1. Raise anti-doping awareness and prevent athletes from using prohibited substances or prohibited methods in sports.
2. Protect rights and obligations of athletes.
3. Achieve clean and fair sports without doping.
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1. Principles and values associated with clean sports.
2. Athletes’, athlete support personnel’s and other groups’ rights and responsibilities under the World Anti-Doping Code.
3. The principle of strict liability.
4. Consequences of doping, for example, physical and mental health, social and economic effects, and sanctions.
5. Anti-doping rule violations.
6. Substances and methods on the prohibited list.
7. Risks of supplement use.
8. Use of medications and therapeutic use exemptions.
9. Testing procedures, including urine, blood and the athlete biological passport.
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11. Speaking up to share concerns about doping.
DOPING TESTING
1. Vietnam’s Anti-Doping Organization shall have testing authority over all athletes in accordance with provisions of the World Anti-Doping Code.
2. Where necessary, athlete management agencies and sports tournament organizing boards may request Vietnam’s Anti-Doping Organization to conduct testing of athletes in accordance with provisions of the World Anti-Doping Code.
3. If an international sports federation gives authorization or makes a request for doping testing, Vietnam’s Anti-Doping Organization shall cooperate with relevant sports federations in conducting testing in accordance with provisions of the World Anti-Doping Code, and the international standards for testing and investigations adopted by WADA.
1. Vietnam’s Anti-Doping Organization shall:
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b) ensure the compliance of sample collection, storage and transport procedures with provisions of the World Anti-Doping Code and relevant international standards.
2. Persons in charge of sample collection must have completed professional training courses and possess certificates as prescribed in the World Anti-Doping Code and relevant international standards.
Article 10. Notification of doping test results
1. Within 05 working days from the issuance of a doping test report, Vietnam’s Anti-Doping Organization shall notify test results in writing to:
a) The Sports Authority of Vietnam;
b) The authority or organization that requests doping testing, the athlete and his/her management agency.
2. Where athletes are suspected of potential anti-doping rule violations through the analysis results of their samples, the notification of test results shall be made in accordance with provisions of the World Anti-Doping Code and relevant international standards.
Article 11. Therapeutic use exemptions (TEUs)
1. An athlete who needs using a prohibited substance or a prohibited method according to his/her medical record must apply for and obtain a TEU in accordance with WADA’s regulations and International Standards for TEUs.
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1. Director of Vietnam’s Anti-Doping Organization must establish a TEU Committee in accordance with International Standards for TEUs to consider the reasonableness of the use of a prohibited substance or a prohibited method in treatment when processing applications for grant of TEUs.
2. The TEU Committee shall include at least 03 - 09 members. Total number of members of the TEU Committee must be an odd number. Members of the TEU Committee are medical professionals and individuals who meet relevant conditions set out in the World Anti-Doping Code and International Standards for TEUs.
3. The TEU Committee works following the democratic principle and majority rule, and in compliance with the World Anti-Doping Code and International Standards for TEUs.
4. The TEU Committee shall, pursuant to provisions of the World Anti-Doping Code and International Standards for TEUs, consider applications for TEUs and grant TEUs to qualified athletes.
5. Operating duration of the TEU Committee is specified in its establishment decision.
RESULTS MANAGEMENT
Article 13. Results Management Committee
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2. Members of the Results Management Committee 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.
3. The Results Management Committee shall include at least 03 - 09 members. Total number of members of the Results Management Committee must be an odd number. The Results Management Committee works following the democratic principle and majority rule, and in compliance with professional provisions of the World Anti-Doping Code and International Standards for Results Management.
4. Operating duration of the Results Management Committee is specified in its establishment decision.
Article 14. Responsibilities of Results Management Committee
1. Carry out assessment and determination of violations committed by athletes and relevant individuals as prescribed in Article 5 of this Circular.
2. Reach conclusions on athletes and relevant individuals.
Article 15. Notification of conclusions
Within 03 working days from the receipt of the conclusion given by the Results Management Committee, Vietnam’s Anti-Doping Organization shall notify such conclusion to the relevant athlete, national sports unions or associations, the athlete managing unit, and relevant organizations and individuals.
Article 16. Hearing of professional complaints and appeals related to anti-doping activities
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2. 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.
3. 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.
4. 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.
5. 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).
6. Operating duration of the hearing panel is specified in its establishment decision.
RESPONSIBILITIES OF RELEVANT ORGANIZATIONS AND INDIVIDUALS FOR ANTI-DOPING
Article 17. Responsibilities of Sports Authority of Vietnam
1. Request the Ministry of Culture, Sports and Tourism of Vietnam to promulgate, or promulgate within its competence, instruments, strategies, policies and/or plans for anti-doping in sports.
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3. Organize anti-doping education and information dissemination activities.
4. Provide training courses for strengthening personnel for performing anti-doping tasks.
5. Promote international cooperation in scientific research, training, financing and sharing of information about anti-doping in sports.
Article 18. Responsibilities of Vietnam’s Anti-Doping Organization
1. Comply with the roles and responsibilities defined in the World Anti-Doping Code and international standards.
2. Play the leading role in performing anti-doping tasks in Vietnam.
3. Develop a system of collaborators and volunteers for collecting samples and developing anti-doping education and communication programs.
4. Cooperate with press agencies affiliated to the Ministry of Culture, Sports and Tourism of Vietnam in performing anti-doping education and communication activities.
5. 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.
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7. Cooperate with international organizations and anti-doping agencies in intensifying anti-doping activities in sports.
8. Monitor and expedite the implementation of conclusions on anti-doping rule violations.
9. Perform other tasks as prescribed in the World Anti-Doping Code.
1. Develop plans for and cooperate with Vietnam’s Anti-Doping Organization in organizing anti-doping education and communication activities; regularly inspect, monitor and expedite the implementation of anti-doping regulations by athletes, coaches, and medical personnel under their management.
2. Take actions, within their competence, against athletes, coaches and individuals who commit or involve in anti-doping rule violations.
3. Submit annual reports on performance of anti-doping tasks in their provinces to the Sports Authority of Vietnam.
1. Formulate code of practice and professional ethics for sports athletes, coaches and referees in association with anti-doping policies.
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3. Promulgate additional sanctions as prescribed in their charters, where necessary, for anti-doping rule violations other than those specified in the World Anti-Doping Code committed by athletes, coaches and officials under their management.
4. Respect the autonomy 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.
5. Submit annual reports on their performance of anti-doping tasks to the Sports Authority of Vietnam.
6. Perform roles and responsibilities defined in the World Anti-Doping Code.
7. National sports associations shall cooperate with Vietnam’s Anti-Doping Organization in conducting investigations and providing information concerning anti-doping rule violations.
Article 21. Responsibilities of athlete training institutions
1. Provide adequate and accurate information about athletes for specialized agencies in charge of doping testing as prescribed.
2. Cooperate with Vietnam’s Anti-Doping Organization in organizing anti-doping education and communication programs for athletes, coaches and medical personnel at their institutions.
Article 22. Responsibilities of medical personnel and coaches
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2. Frequently attend training courses to improve their knowledge about prohibited substances and prohibited methods in sports training and competitions, and about regulations on TEUs.
3. Organize education and information dissemination activities for preventing violations against the World Anti-Doping Code.
4. Instruct athletes to complete their TEU requests and their whereabouts documents.
5. Cooperate with Vietnam’s Anti-Doping Organization in carrying out investigations into anti-doping rule violations.
6. Perform their roles and responsibilities defined in the World Anti-Doping Code.
Article 23. Responsibilities of athletes
1. Comply with the World Anti-Doping Code and Vietnam’s regulations on anti-doping.
2. Frequently attend training courses to improve their knowledge about prohibited substances and prohibited methods in sports training and competitions, and about regulations on TEUs.
3. Strictly comply with conclusions on violations.
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IMPLEMENTATION
1. This Circular comes into force from July 09, 2024.
2. As from the date of entry into force of this Circular, the legislative documents listed hereunder shall cease to have effect:
a) Circular No. 17/2015/TT-BVHTTDL dated December 30, 2015 of Minister of Culture, Sports and Tourism of Vietnam.
b) Circular No. 01/2023/TT-BVHTTDL providing amendments to Circular No. 17/2015/TT-BVHTTDL dated December 30, 2015 of Minister of Culture, Sports and Tourism of Vietnam.
3. If any documents referred to in this Circular, the World Anti-Doping Code, or international standards are amended or supplemented, the new ones shall apply in accordance with provisions of Clause 2 Article 3 of the Law on Physical Training and Sports.
Article 25. Implementation organization
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2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Culture, Sports and Tourism of Vietnam (via Sports Authority of Vietnam) for consideration./.
MINISTER
Nguyen Van Hung
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