Classification of ports service providers in Vietnam

Classification of sports service providers in Vietnam (Internet image)

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

1. Classification of sports service providers in Vietnam

According to Article 15 of Decree 112/2007/ND-CP, sports service providers include a public or non-public entities that provide sports services.

- Public sports service provider

+ A public sports service provider must be established under the decision of the competent authority and is an independent business unit with their own stamp and accounting system in accordance with laws;

+ Procedures for the establishment, restructuring and dissolution of a public sports service provider shall adhere to Decree 158/2018/ND-CP;

+ The public sports service provider shall be granted the responsible autonomy in performing their tasks, establishing the organization structure, managing employees on the payroll and dealing with financial issues in accordance with the Decree 60/2021/ND-CP.

- Non-public sports service provider

+ Non-public sports service providers are established by social organizations, socio-vocational organizations, economic institutions, individuals, individual groups or residential communities are self-financed and brought into operation under laws;

+ Non-public sports service providers shall enjoy preferential policies as prescribed in the Decree No.53/2006/ND-CP on the policy on promoting the development of non-public sports service providers and other relevant laws.

2. Prohibited acts in exercise and sports activities in Vietnam

Prohibited acts in exercise and sports activities according to Article 3 of Decree 112/2007/ND-CP are as follows:

- Acts of using banned performance-enhancing drugs and methods of practicing and competing in sports:

+ Use banned performance-enhancing drugs in the course of practicing and competing in sports.

The list of banned performance-enhancing drugs shall be issued by the Minister and President of Exercise and Sports Committee in compliance with regulations set out by the World Anti-Doping Agency;

+ Use sport-playing techniques, types of sports or methods of practicing and competing in sports which are likely to harm human health and life or contrary to ethical and traditional values, or cause bad effects on the social security and order.

- Fraudulent acts in sports:

+ Deliberate misrepresentation of name, age and gender of sportsmen, sportswomen or athletes;

+ Deliberate falsification of sports contest results;

+ Fraudulent acts in sports achievements and the selection of competent sportsmen or sportswomen to serve select teams and study at schools for gifted and talented sports students.

- Violent acts in sports:

+ Violent and aggressive behaviors in practicing and competing in sports, which are likely to cause injuries and harm the opponent's health;

+ Threats or offensive behaviors against organizations or individuals during their participation in sports.

- Acts of restricting the legal right of an organization or individual to participate in exercise and sports activities:

+ Failure to organize exercise and sports activities for interested organizations or individuals within the scope of their tasks and duties;

+ Failure to ensure acceptable standards of infrastructural facilities and equipment for the practicing and competition in sports within the scope of their assigned tasks;

+ Abuse of their right or influence peddling to prevent organizations or individuals from participating in exercise and sports activities.

3. Lands intended for exercise and sports activities at schools and residential areas in Vietnam

Lands intended for exercise and sports activities at schools and residential areas according to Article 16 of Decree 112/2007/ND-CP are as follows:

- The People’s Committee at all administrative levels must ensure the adequacy of lands for the construction of sports facilities in their planning for the development of urban and residential areas and schools as mentioned in national technical regulations.

- The Ministry of National Defense and the Ministry of Public Security must reserve land parcels for the construction of sports facilities in their planning for the establishment of military camps for the people's armed forces.

- The approval for the construction planning for new urban, residential areas, schools, military camps of the people's armed forces by competent authorities must comply with regulations specified in Clause 1 or 2 of Article 16 of Decree 112/2007/ND-CP.

Quoc Dat

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