Decree 37/2012/nd-Cp: Provisions On Sanctioning Administrative Violations In The Field Of Fitness, Sports

Original Language Title: Nghị định 37/2012/NĐ-CP: Quy định về xử phạt vi phạm hành chính trong lĩnh vực thể dục, thể thao

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
THE GOVERNMENT.
Number: 37 /2012/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, April 24, 2012

DECREE

Regulation of administrative violations in the field of fitness, sport, sport

________________________

Government Law Base December 25, 2001;

The School of Fitness Law, sports November 29, 2006;

The French Base for Administrative Infringement on 2 July 2002, France ordered the amendment, adding some of the provisions of the Administrative Disposal Ordinance on 2 April 2008;

At the suggestion of the Minister of Culture, Sports and Tourism,

The government issued a regulatory decree on sanctions against administrative, sports, and sports.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

1. This decree rules on the behavior of administrative violations in the field of fitness, sport; the punishment form, the penalty level; the trial authority and the remediation measures.

2. The administrative breach in the field of fitness, sports is the behavior of violating the laws of law on state management in the field of fitness, individual sport, the organization doing a deliberate or inadvertable way but not to the point of saving responsibility. The protocol, under the provisions of the Ordinal Order of the Administrative Order, and this decree must be executed.

3. Behavior of administrative violations in the field of fitness, the regulatory sport at this decree includes:

a) Violation of the rule of law on the prohibited behaviors in exercise, sport; and

b) Violation of law regulation of highly successful sports activity;

c) Violation of the rule of law on activities, business, fitness services, sports.

4. Other administrative violations in gymnast, non-regulation sports at this Decree are applicable under the regulation of other Laws of the Government on the sanctions against administrative violations in the field of state management involved in handling the case. Fine.

What? 2. Subject applies

Individuals, Vietnamese organizations, individuals, foreign organizations that have administrative violations in the gymnast, sports on the territory of the Socialist Republic of Vietnam are treated as defined by this decree.

What? 3. The form of administrative violation and the remediation measure.

1. The main form of punishment:

The organization, the individual who has administrative violations in the field of fitness, the sport is applied to one of the following forms of punishment:

a) Police.

b) Money.

2. Additional penalties:

Depending on the properties, the extent of the violation, the individual, the administrative violation may also be applied to one or more of the following forms of punishment:

a) The title of use has a time of the Certificate of Instructor Certification, The Certificate of Arbitration;

b) The confiscation of equipment, instruments of use, endangeration of life, health of practice, sport or corruption, pornography, incisability of people, and moral integrity of the nation.

3. Measure remediation:

In addition to the main form of punishment, additional sanctions are specified in Clause 1 and 2 This, depending on the nature, level of violation, individual, and administrative violation may also be applied to one or more of the following remediation measures:

a) Forced To Cancel The Selection Results For the conduct of fraud on the achievement of the achievement of the selection of people into the sports team, the centres and the sports talent talent school;

b) Forced to cancel the results of the class on the conduct of the athletes ' level, the training of the coach, the arbiter is not correct in the rule of law;

c) Forcing the cancellation or dismantling of all costs for the cancellation, dismantling of violations of the advertising activity in the gymnast, sport.

Chapter II

ADMINISTRATIVE VIOLATION BEHAVIOR IN THE FIELD OF FITNESS, SPORT, FORM AND PENALTY LEVEL.

Item 1

VIOLATIONS OF THE REGULATION OF PROHIBITED BEHAVIORS IN PHYSICAL ACTIVITY, SPORT, AND SPORT.

What? 4. The behavior of using stimulants is banned in training and sports competition.

1. Money from 5,000,000 to 10,000,000 coins for the act of using stimulants are prohibited in training, sports competition.

2. Money from 10,000,000 to 15,000,000 people for athletes ' behaviour to be used as a banned agent in training, sports competition.

What? 5. Behavior using a banned method in training and sports competition

1. Money from 5 million to 10,000,000 coins for the use of exercise, sport or exercise methods and sport, pornography, incandalation, and moral integrity of the nation.

2. Money from 10,000,000 to 15,000,000 in total for the use of exercises, sport or exercise methods and sports competitions that pose a danger to life, human health practice, competition, other exercises, sports, sports, and sports. the practice of training and competition is permitted by law.

3. Additional execution form:

Confiscation of equipment, tools used to breach administrative behavior on the behavior of regulations in Clause 1 and 2 of these.

What? 6. Behavior fraud in gymnast, sports

1. Penituate from 5,000,000 to 10,000,000 in one of the following acts:

a) fraud of name, age in sexual activity, sports;

b) Sex fraud in gymnast, sports;

c) Other fraud on record for selection, non-regulation sports competition at Point a, point b of this.

2. Penitentiated from 10,000,000 to 15,000,000, forcing others to cheat the conditions of records to be involved in fitness, sport.

3. Money from 15,000,000 to 20,000,000 is a result of misbehavior.

4. Money range from 20,000,000 to 30,000,000 to a cheat on the achievement of the achievement of the achievement of the sport team, the centres and the sport of sports talent.

5. Measure corrects:

The selection of the selection result is to be removed for the violation of the Article 4 clause.

What? 7. Acts of violence in gymnast, sports

1. Money from 20,000,000 to 30,000,000 to one of the acts that threatens to violate the health, prestige, secret of private life; threats to trespass or trespass on the honor, the dignity of athletes, referees, members of the organising committee, who is taking action. The coach, the head coach.

2. Money from 30,000,000 to $40,000,000 to one of the athletes ' actions, the referee, the board member, who is on the job, the head coach, the head of the delegation.

3. Money from 40,000,000 to $50,000,000 to one of the following acts:

a) Playing rough or causing injury, which has adversely affected the health of other athletes in practice, playing against the sport of every sport;

b) There is an excrable or manipulated group of people who are too excited to influence action and sport.

4. Money from $50,000,000 to $70,000,000 for intentional injury to the referee in sports competition.

What? 8. Behavior obstruction of fitness, sport

1. Money from 5,000,000 to 10,000,000 people on the act of intentionally obstruct physical activity, the legal sport of organizations, individuals.

2. Penituation from 10,000,000 to 15,000,000 coins for conduct does not guarantee the facilities of facilities, training equipment, and sports competitions.

Item 2

VIOLATION OF A HIGHLY SUCCESSFUL SPORTS ACTIVITY.

What? 9. Behavior violates the rights and obligations of the highly successful sports athlete during training time, sport competition and sport.

1. Penituation of between 1,000,000 and 5,000,000 partners for one of the following acts:

a) Not to perform the program, the coach ' s exercise;

b) Do not implement the rules of sports law, the charter of the sport.

2. Penituation from 5,000,000 to $7,000,000 for one of the following acts:

a) Not an emergency, a timely emergency for athletes;

b) There is no or no full page of safety warrants for the athlete while training, sports competition.

3. Money from the 7,000,000 to 10,000,000 coins for non-paid behavior or untrue payments of the particular nutrition, wages, bonuses and other athletes ' other modes.

What? 10. Behavior violations and the obligations of the highly successful sports coach during training time, sport competition, sports and sport.

1. A massive amount of money from 3,000,000 to 5,000,000 people on the unbuilt behavior or does not implement the plan, the program, the training education.

2. Penituation from 5,000,000 to $7,000,000 for one of the following acts:

a) Not to accept the regulation of sports law enforcement, the charter of the sport;

b) Do not make safe safeguards for athletes.

3. A massive amount of money from 15,000,000 to 20,000,000 people on unpaid behavior or non-payable pay and other regimes under the rule of law for the coach who has trained athletes to achieve outstanding achievement in the following years. National and international sports.

4. Additional execution form:

The title uses a 12-month Head Coach Certificate in violation of the provisions of Article 2.

What? 11. Behavior violations of the rights and obligations of the highly successful sports referee

1. Money from 10,000,000 to 15,000,000 coins in violation of the rules of sports law, the charter of the sport.

2. Penituate from 15,000,000 to 20,000,000 coins for non-paid behavior or non-monetary spending on the rule of law for high-achievement sports referees.

3. Money from 20,000,000 to 30,000,000 to the non-honest, objective behavior of the sport.

4. Additional execution form:

The title uses a 12-month Arbitration Certificate for the behavior of regulations in Clause 1 and 3 of these.

What? 12. Behavior violations in the selection of athletes participating in the sports team.

1. Money from 5 million to 10,000,000 coins for non-selection of qualified sports team athletes are eligible under the rule of law.

2. Penituation from 10,000,000 to 15,000,000 men for the athletes ' selection of athletes in the sports team is not eligible under the rule of law.

3. Measure remediation:

Forced cancellation of the results, the selection decision for violation of regulation at Clause 2 This.

What? 13. Behavior violations regulations on the class of athletes, coaches, sports referees, and other members of the country.

1. A massive amount of money from 3,000,000 to 5 million people is not legally law-level behavior.

2. Penituation from 5,000,000 to a 7,000,000 co-executive order, the payload is not correct in the rule of law.

3. Measure remediation:

Forced to cancel the results of the rank-level, the class for violation of regulation at Clause 1 and 2 This.

Section 3

BEHAVIORAL VIOLATIONS IN OPERATION, FITNESS SERVICES BUSINESS, SPORTS AND SPORTS.

What? 14. Behavior violations regulations on the certificate of eligitherapy, sports, and sport.

Fines of between $5,000,000 and 10,000,000 are in partnership, business, sports, sports, sports, sports, sports, sports, sports, sports, sports, sports, sports, sports, sports, sports, sports, sports, sports, sports, sports, sports, sports, sports, sports, sports, sports, sports, sports

What? 15. Behavior in violation of the facilities and operations areas of operations, fitness services business, sports, sports, and business.

1. Free $1,000,000 to 3,000,000 in one of the following acts:

a) There is no internal table, instruction panel, banner, anchorage, buoy;

b) There is no changing area, sending clothes, toilets, where to cart;

c) No guarantee of style, design, color, flatness, slippery slope fit for each sport in accordance with the rule of law;

d) Do not guarantee the conditions of sound, light by the standards of each sport according to the rule of law.

2. Penituation from 3,000,000 to 5,000,000 partners for one of the following acts:

a) The venue of the organization does not guarantee the area in accordance with the rule of law;

b) No guarantee of the face, floor face, size, depth, slope, folding, height, height, roof fitting for each sport according to the rule of law;

c) Do not guarantee the standard of pool water quality according to the rule of law;

d) No guarantee of the density standard of exercise participants in accordance with the rule of law;

) Do not guarantee the requirements of the distance between the instruments, the equipment prescribed by the law.

3. Penituation from 5,000,000 to $7,000,000 for one of the following acts:

a) Not guarantee the activity zone for sports conditional on the region of activity in accordance with the rule of law;

b) The Wharf anchoring the gymnast, the sport that does not match the planning has been approved by the state agency;

c) There is no system of receiving waste oil from the vehicles when engaging in marine activity;

d) The location of each dock anchoring the wrong means of law;

There is no guarantee of any other conditions on the basis of physical activity in the activity of the gymnast, sport according to the law.

What? 16. Behavior violations regulations on equipment, media for each sport

Fines from 1,000,000 to 3,000,000 co-charges against one of the following acts:

1. Use tools, equipment, vehicles that do not guarantee the requirements of size, style, code, power, and capacity to be used under the rule of law.

2. Use of equipment, equipment, vehicles without a vehicle registration certificate, technical safety certificate, certificate of quality measurement criteria according to law.

What? 17. Executive violation of coach, specialist staff, and ...

Fines from 1,000,000 to 3,000,000 co-charges against one of the following acts:

1. No or not enough coaches, professional staff in accordance with the rule of law.

2. Use the team of professionals who do not guarantee the health conditions under the rule of law.

3. Use the team of coaches, professional staff without a diploma, certificate of expertise in accordance with the rule of law.

What? 18. Behavior violations of regulations on medical work in operation, fitness services business, sports, sports, and business.

1. Free $1,000,000 to 3,000,000 in one of the following acts:

a) There is no medicine cabinet, medications by category, the primary process of saving the rule of law;

b) There is no or no sufficient equipment, the emergency equipment in accordance with the rule of law;

c) There is no clinic.

2. Penitentiary from 3,000,000 to 5 million coins for the use of medical personnel do not guarantee the conditions of a sports medical certificate issued by the authorities.

3. Penituation from 5,000,000 to $7,000,000 for one of the following acts:

a) There is no medical staff in accordance with the rule of law;

b) There is no permanent medical staff when someone is involved in fitness, sports.

What? 9. Behavior violations of the regulations on the rescue work and ensuring safety.

1. Free $1,000,000 to 3,000,000 in one of the following acts:

a) There is no or no full signal signs, signlights or hazardous area notification tables, tablout tables, tablout tables according to the rule of law;

b) There is no or no full life of life buoys, legal vests in accordance with the law of underwater sports;

c) Do not guarantee the conditions of communication in the safety of the rescue under the rule of law;

d) There is no observable station serving the rescue operation under the rule of law;

There is no guarantee of any other conditions on the facilities, equipment, equipment, and rescue work in accordance with the rule of law;

e) The rescue worker has no evidence of practice under the rule of law;

g) Rescue workers do not have enough health conditions under the rule of law.

2. Penituation from 3,000,000 to 5,000,000 partners for one of the following acts:

a) No or no rescue workers;

b) There is no permanent rescue worker when someone is involved in fitness, sports.

What? 20. Behavior violations of advertising activity in gymnast, sports and sports.

1. Penituation of between 3,000,000 and 5 million coins for one of the following acts:

a) Set up the flag of the occulpation of the national flag, the coat of arms, the consuls, or the expert panel;

b) Place the advertising sea that affects physical activity, sport;

c) Set up the billset that obsces the visibility of the audience.

2. Penituation from 5,000,000 to $7,000,000 for one of the following acts:

a) Use the motor image during the time being pursued by the criminal responsibility for advertising;

b) Advertising of prohibited sports;

c) Advertising of prohibited training methods;

d) The right to the rules, the rules of every sport.

3. Measure remediation:

Forced to cancel or dismantle and bear all costs for the cancellation, removal of the breach specified in Clause 1, 2 This.

What? 21. The conduct of obstruction of illegal state management activities, inspection and inspection.

1. A massive amount of money from 3,000,000 to five million people who refused to accept the decision to inspect, check, decide whether to enforce the decision to punish the administrative breach.

2. Penituation from 5,000,000 to $7,000,000 for one of the following acts:

a) No prescribation or prescribation, non-honest declaration, not on time at the request of the operator of the service, the state governing body has jurisdiction;

b) Do not provide or provide incomplete information, documents related to the inspection, inspection, and punishment of the administrative breach of the execs, the state authority has jurisdiction;

c)

d) Words, threats, insults, honor insults to the person on the job of detective, test, violation.

3. Money from 7,000,000 to 10,000,000 partners for one of the following acts:

a) The delay, evasion does not enforce administrative decisions, decision of inspection, examination of persons or organs of authority;

b) Self-release of the sealing of the burial, the means of violation or self-intention, which changes the crime scene;

c) Tscoing, changing, swapping the funeral is being checked, checked or paused.

4. Additional execution form:

Confiscation of the evidence, the vehicle is used to violate administrative behavior on the breach of regulation at point b and c 3 This.

Chapter III

THE AUTHORITY TO PUNISH THE ADMINISTRATIVE BREACH

What? 22. Authority to punish the administrative violation of the Culture, Sports and Tourism Authority.

1. The Culture, Sports and Tourism Ombudman is in the enforcement of the competent service:

a)

b)

c) The confiscation of the funeral, the medium used for the breach of the administrative order, is worth up to 2,000,000;

d) Make the rules specified at 1 paragraph 19 Article 1 of the amended order, the addition of some of the provisions of the Ordinal Executive Order in 2008.

2. Chief Inspector of the Department of Culture, Sports and Tourism has jurisdiction:

a)

b)

c) The authority to use the license, certificate of practice by jurisdiction;

d) The confiscation of the funeral, the medium used to violate administrative;

The applicable remediation measures in paragraph 3 Article 3 of this decree;

e) Perform the rights to rule at 1 paragraph 19 Article 1 of the order of amendment, the addition of some of the provisions of the Ordinal Executive Order in 2008.

3. Chief Inspector of the Ministry of Culture, Sports and Tourism has jurisdiction:

a)

b) Free to the maximum level of the fitness field, the sport stipulated at this decree;

c) The authority to use the license, certificate of practice by jurisdiction;

d) The confiscation of the funeral, the medium used to violate administrative;

The applicable remediation measures in paragraph 3 Article 3 of this decree;

e) Perform the rights to rule at 1 paragraph 19 Article 1 of the order of amendment, the addition of some of the provisions of the Ordinal Executive Order in 2008.

4. Chief Inspector of the Ministry of Culture, Sports and Tourism performs the authority to sanctialize administrative violations in the field of fitness, sports to the agency, organization, individual on a nationwide scale.

5. Chief Inspector of Culture, Sports and Tourism performs the authority to sanctialize administrative violations in the field of fitness, sports to agencies, organizations, individuals within the state management range of the People ' s Commission on the same level; exercising the authority to execute. The administrative penalty for the agency, the organization, the individual of the central and the other local sports, the sport in its locality.

What? 23. Other disciplinary Inspector of Industry

Within the jurisdiction of the state governing state regulated by the Government, the Ombudman and Chief Inspector of other specialized inspection agencies have jurisdiction over the conduct of administrative violations in the field of fitness, the sport stipulated at Parliament. This is my state of state management.

What? 24. Human Rights Committee sanctions authority

The chairman of the People's Committee entitled to sanctiate the prescribed jurisdiction at Clause 4 and 5 Articles 1 France the amendment, adding some of the provisions of the Executive Order of the Administrative breach in 2008, Article 30 of the 2002 Executive Order of the Administrative breach was amended. In order to amend some of the provisions of the 2008 xX Ordinal Ordination of the Administrative Scope of 2008 within the scope of its management for administrative violations in the gymnast, the sport was specified at this decree.

What? 25. People ' s Court of Sanctions, Border Patrol, Sea Police, Customs, Tax Authority, Market Management Agency, and State Department.

The People's Public Security Agency, Border Guard, Marine Police, Customs, Tax Authority, Market Management Authority has jurisdiction over regulatory jurisdiction 6, 7, 8, 9, 9 and 11 Article 1, the order of the amendment, added some of the provisions of the Ordinal Processing Command. In 2008 and Article 37 of the 2002 Executive Order of the Administrative violation of the Administrative infringes of the gymnast, the sport is directly related to the field of governing body stipulated at this decree.

What? 26. The chart template, the decision template used in the administrative violation penalty.

It is accompanied by this decree of written and determinate forms for use in the punishment of administrative violations in the field of fitness, sport.

Chapter IV

EXECUTION CLAUSE

What? 27.

This decree has been in effect since 20 June 2012. This decree replaces the digital decree. 141/2004/ND-CP July 1, 2004 of the Government on the sanctions of the administrative breach in the field of fitness, sport.

What? 28.

The ministers, the Prime Minister, the Head of the Government, the Chairman of the Government, the Chairman of the People's Committee of the provinces, the Central City of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung