Nghị định 46/2019/NĐ-CP quy định xử phạt vi phạm hành chính trong lĩnh vực thể thao

THE GOVERNMENT

Decree No.  46/2019/ND-CP dated May 27, 2019 of the Government on penalties for administrative violations in sports

Pursuant to the Law on Government Organization dated June 19, 2015;

Pursuant to the Law on Actions against Administrative Violations dated June 19, 2012;

Pursuant to the Law on Physical Training and Sports dated November 29, 2006 and the Law on amending the Law on Physical Training and Sports dated June 14, 2018;

At the request of the Minister of Culture, Sports and Tourism;

The Government issues the Decree on penalties for administrative violations in sports.

Chapter I

GENERAL PROVISIONS

Article 1. Scopeof adjustment

1. This Decree sets forth violations, penalties, amounts of fines, remedial measures; power to impose penalties and power to make administrative offense reports in sports.

2. Other administrative violations in sports not elsewhere set forth in this Decree shall apply regulations of other decrees of the Government on penalties for administrative violations in relevant sectors.

Article 2.Subject of application

1. Vietnamese organizations and individuals engaging in sports in Vietnam’s territory and abroad. Foreign organizations and individuals engaging in sports in Vietnam’s territory.

2. Organizations prescribed in Clause 1 of this Article shall include:

a) Regulatory agencies committing violations under the state scope of management;

b) Enterprises incorporated and operating under Vietnam’s law; branches and representative offices of foreign enterprises operating in Vietnam;

c) Representative offices in Vietnam of foreign agencies, international organizations;

d) Entities in sport;

dd) Sports socio-professional organizations;

e) Sport clubs;

g) Legal entities under civil law or other organizations established in accordance with legal regulations.

3. Entities engaged in administrative violations in sports not specified in Clause 2 of this Article shall have penalties as individuals.

4. Competent entity to make administrative violation reports; persons competent to impose administrative penalties in sports.

5. Other relevant agencies, organizations, and individuals in sports.

Article 3. Penalties

1. Forms of administrative violations

For each administrative violation in sports, entities engaged in administrative violations must have principal penalties as follows:

a) Warnings;

b) Fines.

2. Additional penalties

Depending on nature and severity of the administrative violation in sports, entities engaged in administrative violations may face single or multiple additional penalty(ies) below:

a) Suspension of the certificate of eligibility for sports business for 1 to 6 months;

b) Confiscation of materials, equipment and devices for training, performance and competition in sports which were used for administrative violations;

c) Mandatory suspension of sports operation for 01 to 03 months;

d) Mandatory suspension of sports operation for 03 to 06 months;

dd) Mandatory suspension of participation in sports tournaments for 01 to 03 months;

e) Mandatory suspension of participation in sports tournaments for 03 to 06 months;

g) Mandatory suspension of organization of sports tournaments for 01 to 03 months;

h) Mandatory suspension of organization of sports tournaments for 03 to 06 months.

Article 4.Measures of remedy

As for each administrative violation, apart from penalties, the entities engaged in administrative violations may have single or multiple remedial measure(s) below:

1. Enforced to transfer of the profits earned from administrative violations.

2. Enforced to cancel the grades awarded to athletes, coaches, referees of high-achievement sports.

3. Enforced to cancel the sport competition result or athletes selection result to sports team, sports aptitude schools; or sports competition achievements.

4. Enforced to cancel the manual methods forbidden in sports training and competition.

5. Enforced to have public apology.

Article 5.  Fines and power for administrative violations in sports

1. A fine of  VND 50,000,000 in case of individuals or up to VND 100,000,000 in case of organizations shall be imposed on each administrative violation in sports.

2. Fines prescribed in this Decree shall be levied on individuals except for the cases in Clause 2 Article 10, Clause 2 Article 11, Articles 13, 14, 16, Clause 2 Article 17 and Clause 2 Article 20 hereof. For a same administrative violation, the amount of fine levied on organizations will be equal to twice of the amount of fine levied on individuals.

3. Power to impose fines of competent entities specified in Chapter III of this Decree only applies to administrative violations of individuals; the power to impose fines on organizations will be equal to twice of the former power.

Chapter II

ADMINISTRATIVE VIOLATIONS, PENALTIES AND REMEDIAL MEASURES

Article 6. Violations against regulations on doping in sports training and competition

1. To impose a fine of from VND 10,000,000 to VND 15,000,000 for using the stimulants under the list of banned stimulants in sports training and competition.

2. To impose a fine of from VND 15,000,000 to VND 20,000,000 for shielding or enabling athletes to use stimulants under the list of banned stimulants in sports training and competition.

3. Additional penalties:

a) Mandatory suspension of participation in sports tournaments for 1 to 3 months imposed for the violation prescribed in Clause 1 hereof;

b) Mandatory suspension of participation in sports tournaments for 3 to 6 months imposed for the violation prescribed in Clause 2 hereof.

4. Remedial measures:

Enforced cancellation of sport competition result or athletes selection result to sports team, sports aptitude schools; or sports competition achievements imposed for the violations prescribed in Clause 1 and Clause 2 hereof.

Article 7. Violations against regulations on methods banned in sports training and competition

1. To impose a fine of from VND 5,000,000 to VND 10,000,000 for using exercises, sports or methods of sports training and competition reflecting the nature of pornography, debauchery, incitement to violence, contravention of social ethics, fine customs and traditions and cultural identity of Vietnam.

2. To impost a fine of from VND 10,000,000 to VND 15,000,000 for using exercises, sports or methods of sports training and competition causing danger to life, health of trainees, athletes, except for exercises, sports or methods of sports training and competition in accordance with the legal regulations.

3. Additional penalties:

a) Confiscation of materials, equipment and devices for training, performance and competition in sports imposed for the violations prescribed in Clause 1 and Clause 2 hereof;

b) Mandatory suspension of participation in sports tournaments for 3 to 6 months imposed for the violation prescribed in Clause 1 and Clause 2 hereof.

4. Remedial measures:

Enforced cancellation of manuals of methods banned in sports training and competition imposed for the violations prescribed in Clause 1 and Clause 2 hereof.

Article 8. Violations against regulations on fraud in sports

1. To impose a fine of from VND 5,000,000 to VND 10,000,000 for cheating on name, age, gender, achievements in order to be admitted to sports teams, sports schools for the gifted or sports competition.

2. To impose a fine of from VND 10,000,000 to VND 15,000,000  for shielding, enticing, forcing others to cheat on sports activities.

3. To impose a fine of from VND 15,000,000 to VND 20,000,000 for falsifying sports competition results.

4. Additional penalties:

a) Mandatory suspension of participation in sports tournaments for 1 to 3 months imposed for the violation prescribed in Clause 1 hereof;

b) Mandatory suspension of participation in sports tournaments for 3 to 6 months imposed for the violation prescribed in Clause 3 hereof.

5. Remedial measures:

a) Enforced cancellation of sport competition result or athletes selection result to sports team, sports aptitude schools; or sports competition achievements imposed for the violations prescribed in Clause 1 and Clause 3 hereof;

b) Enforced transfer of the profits earned from administrative violations prescribed in Clause 1 and Clause 3 hereof.

Article 9. Violations in banned violence regulations in sports

1. To impose a fine of from VND 15,000,000 to VND 20,000,000 for insulting, reviling, offending dignity and honor; threatening to infringe health, life; showing inappropriate behavior against the ethics, fine customs and traditions, traditional culture of Vietnam when participating in sports activities.

2. To impose a fine of from VND 20,000,000 to VND 25,000,000  for deliberately causing trauma, playing roughly adversely affecting other people s health in sports training and competition.

3. Additional penalties:

Mandatory suspension of participation in sports tournaments for 3 to 6 months imposed for the violation prescribed in Clause 2 hereof.

4. Remedial measures:

Enforced public apology imposed for insulting, reviling, offending dignity and honor prescribed in Clause 1 hereof.

Article 10. Violations on rights and obligations of high-achievement sports athletes

1. Violations on obligations of high-achievement sports athletes:

a) To impose a warning for improperly or inadequately following training curriculum and lesson plans of the coach;

b) To impose a fine of from VND 500,000 to VND 1,000,000 for failure to follow training curriculum and lesson plans of the coach;

c) To impose a fine of from VND 1,000,000 to VND 5,000,000 for not abiding by regulations on sports competitions and rules of sports tournaments.

2. Violations on rights of high-achievement sports athletes:

a) To impose a fine of from VND 1,000,000 to VND 5,000,000 for failure to provide medical checkup for athletes as prescribed;

b) To impose a fine of from VND 5,000,000 to VND 10,000,000 for failure to provide prompt first aid for athletes or failure to provide sufficient safety equipment and measures for athletes in sports training and competition as prescribed.

Article 11. Violations on rights and obligations of high-achievement sports coaches

1. Violations on obligations of high-achievement sports coaches:

a) To impose a fine of from VND 1,000,000 to VND 5,000,000 for failure to formulate and implement sports training programs with approval of agencies that employ athletes;

b) To impose a fine of from VND 5,000,000 to VND 10,000,000 for failure to adopt safety measures for athletes in sports training and competitions or failure to abide by regulations on sports competition and rules of sports tournaments.

2. Violations against regulations on rights of high-achievement sports coaches:

a) To impose a fine of from VND 5,000,000 to VND 10,000,000 for failure to provide sufficient training equipment for coaches;

b) To impose a fine of from VND 10,000,000 to VND 15,000,000 for failure to adopt safety measures during training for coaches.

Article 12. Violations on obligations of high-achievement sports referees

To impose a fine of from VND 15,000,000 to VND 20,000,000  for dishonesty or partiality in controlling sports competition.

Article 13. Violations on grades awarded to high-achievement sports athletes, coaches, referees

1. To impose a fine of from VND 1,000,000 to VND 5,000,000 for grades awarded to unqualified athletes.

2. To impose a fine of from VND 5,000,000 to VND 10.000.000 for grades awarded to unqualified coaches or referees.

3. Remedial measures:

To cancel grades awarded imposed for the violations prescribed in Clause 1 and Clause 2 hereof.

Article 14. Violations against regulations on organization of mass sports tournaments

1. To impose a fine of from VND 500,000 to VND 1,000,000 for a written report on submitted to the competent authority lacking one of following entries: name of tournament, intended time, venue, competition programs, security and order, healthcare, technical equipment meeting the tournament requirements.

2. To impose a fine of from VND 1,000,000 to VND 5000,000 for one of the following violations:

a) Failure to establish the organizing board of the tournament;

b) No rules of sports tournaments;

c) Failure to submit a written report on organization and result of the tournament to the competent authority.

3. To impose a fine of from VND 5,000,000 to VND 10,000,000 for organization of a sports tournament beyond authority.

4. Additional penalties:

a) Mandatory suspension of organization of sports tournaments for 1 to 3 months imposed for the violation prescribed in Clause 2 hereof;

b) Mandatory suspension of organization of sports tournaments for 3 to 6 months imposed for the violation prescribed in Clause 3 hereof.

5. Remedial measures:

Enforced transfer of the profits earned from administrative violations prescribed in Clause 2 and Clause 3 hereof.

Article 15. Violations on business in adventure sports and sports requiring instructors

To impose a fine of from VND 20,000,000 to VND 30,000,000  for business in adventure sports and sports requiring instructors without registering enterprise incorporation.

Article 16. Violations on the eligibility certificate for sports business

1. To impose a fine of from VND 1,000,000 to VND 5,000,000  for failure to apply for re-issuance of certificate of eligibility for sports business as prescribed.

2. To impose a fine of from VND 5,000,000 to VND 10,000,000  for one of the following violations:

a) Doing sports business without a certificate of eligibility for sports business;

b) Renting out or lending other organizations a certificate of eligibility for sports business;

c) Keeping doing sports business after the decision on revocation of the certificate of eligibility for sports business takes effect.

3. To apply regulations in Clause 1, Clause 2 hereof also to professional sports clubs.

4. Additional penalties:

Suspension of certificate of eligibility for sports business for 1 to 6 months imposed for the violation prescribed in Point b Clause 2 hereof.

5. Remedial measures:

Enforced transfer of the profits earned from administrative violations prescribed in Clause 2 hereof.

Article 17. Violations on professional sports business requirements

1. To impose a fine of from VND 1,000,000 to VND 5000,000  for one of the following violations:

a) A professional coach has no bachelor’s degree in specialized sport fit for such professional sport and has not completed the training curriculum of professional coaches of national sports federations, or has no certificate in professional coaching as prescribed;

b) A professional athlete has no employment agreement with a professional sports club; has not been recognized by the national sports federation; or a foreign athlete participating in professional sports competitions in Vietnam without an international transfer certificate;

c) A health worker has not had qualifications equivalent to at least health junior college.

2. To impose a fine of from VND 5,000,000 to VND 10,000,000  for one of the following violations:

a) Employing professional coaches, professional athletes, and health workers in professional sports not meeting the requirements as prescribed;

b) Using facilities and equipment in professional sports training and competitions not meeting national regulations, Vietnam standards or international standards in accordance with regulations of international professional sports organizations.

3. Additional penalties:

Mandatory suspension of sports activities for 1 to 3 months imposed for the violation prescribed in Point b Clause 2 hereof.

Article 18. Violations on required facilities in sports business

1. To impose a fine of from VND 1,000,000 to VND 5000,000 for one of the following violations:

a) Failure to meet the requirements for boards of internal regulations, directions, instructions or signs in each sport;

b) Failure to meet the requirements for mooring buoys, positioning flags, marking buoys, pennants, life buoys, life jackets, buoy ropes, rescue poles, rescue chairs for each sport;

c) Failure to meet the requirements for changing rooms, locker rooms, bathing areas, foot washing areas, toilets, landing area, departure areas, vehicle gathering and mooring areas, sports gun and bullet storage areas for each sport;

d) Failure to meet the requirements for sound, light for each sport;

dd) Failure to meet the requirements for first aid kit and equipment for each sport;

e) Failure to meet the requirements for logbooks keeping track of trainees and service users; or logbook keeping records of sports guns and bullets for each sport;

g) Failure to meet the requirements for fences, guard nets, protective nets, safety nets, barriers, walls for each sport.

2. A fine of from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following violations:

a) Failure to meet the requirements for areas or sizes of the training or competition places for each sport;

b) Failure to meet the requirements for ground, floor surface, depth, difference in depth, slope, zigzag degree, height and roof for each sport;

c) Failure to meet the requirements for pool water;

d) Failure to meet the requirements for training density, training guidance density, rescue staff density for each sport;

dd) Failure to meet the requirements for distance between training and competition equipment for each sport.

3. To impose a fine of from VND 10.000.000 to VND 15,000,000 for one of the following violations:

a) Failure to meet the requirements for active spaces for each sport;

b) Failure to meet the requirements for entry and exit of each terminal of vehicles for each sport.

4. To apply regulations in Clause 1, Clause 2 and Clause 3 of this Article to enterprises doing business in sports requiring instructors; in adventure sports; or in water sports activities.

5. Additional penalties:

Mandatory suspension of sports activities for 1 to 3 months imposed for the violation prescribed in Clause 3 hereof.

Article 19. Violations against regulations on required equipment in sports business

1. To impose a fine of from VND 1,000,000 to VND 5,000,000  for failure to meet the requirements for equipment in sports training and competition as prescribed.

2. To impose a fine of from VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Failure to meet the requirements for communications and rescue as prescribed;

b) Failure to meet the requirements for observation stations as prescribed;

c) Using water motorcycles not meeting standards of quality, safety and environmental protection.

 3. To impose a fine of from VND 10,000,000 to VND 15,000,000  for sports activities on rivers, sea, lakes or large streams without lifeboats as prescribed.

4. To apply regulations in Clause 1, Clause 2 and Clause 3 of this Article to enterprises doing business in sports requiring instructors; in adventure sports; or in water sports activities.

5. Additional penalties:

To impose the mandatory suspension of sports activities for 1 to 3 months imposed for the violation prescribed in Clause 3 hereof.

Article 20. Violations on specialized staff in sports business

1. To impose a fine of from VND 1,000,000 to VND 5,000,000 for unqualified instructors, rescue staff or health workers as prescribed.

2. To impose a fine of from VND 5,000,000 to VND 10,000,000 for one of the following violations:

a) Failure to meet the requirements for number of instructors or rescue staff members as prescribed;

b) There is no health worker on duty or there is no agreement with the nearest health facility on health workers to provide first aid for adventure sports participants in necessary circumstances;

c) Employing staff not qualified as prescribed.

3. To apply regulations in Clause 1, Clause 2 of this Article to enterprises doing business in sports requiring instructors; in adventure sports; or in water sports activities.

4. Additional penalties:

Mandatory suspension of sports activities for 1 to 3 months imposed for the violation prescribed in Clause 2 hereof.

Article 21. Other violations on sports activities

1. To impose a fine of from VND 5,000,000 to VND 10,000,000 for deliberately obstructing legal sports activities of others.

2. To impose a fine of from VND 10,000,000 to VND 15,000,000 for taking advantage of sports activities to violate legitimate interests of others.

3. To impose a fine of from VND 15,000,000 to VND 20,000,000  for engaging in sports activities in contravention of social ethics, fine customs and traditions and cultural identity of Vietnam.

4. To impose a fine of from VND 20,000,000 to VND 30,000,000  for engaging in sports activities causing damage to honor, dignity or goodwill of others.

5. To impose a fine of from VND 30,000,000 to VND 40,000,000  for engaging in sports activities causing damage to health of others.

6. Additional penalties:

Mandatory suspension of participation in sports for 3 to 6 months imposed for the violations prescribed in Clauses 2, 3, 4 and 5 hereof.

7. Remedial measures:

Enforced public apology imposed for the violation prescribed in Clause 4 hereof.

Chapter III

POWERS IN ADMINISTRATIVE PENALTIES AND MAKING THE REPORTS OF ADMINISTRATIVE VIOLATIONS

Article 22. Power to impose penalties of specialized inspection agencies

1. Inspectors and persons authorized to perform specialized inspection tasks on their duties have power to:

a) Issue warnings;

b) Impose fines of up to VND 500,000;

c) Confiscate materials, equipment and devices for training, performance and competition in sports, the value of which must not exceed VND 500,000.

2. Chief Inspector of Provincial Departments, Chiefs of inspectorates of provincial authorities have power to:

a) Issue warnings;

b) Impose fines of up to VND 25,000,000;

c) Confiscate materials, equipment and devices for training, performance and competition in sports, the value of which must not exceed VND 25,000,000;

d) Impose the additional penalties prescribed in Clause 2 Article 3 of this Decree;

dd) Enforce the remedial measures prescribed in Article 4 of this Decree.

3. The Chiefs of specialized inspectorate teams of the Ministry of Culture, Sports and Tourism have power to:

a) Issue warnings;

b) Impose fines of up to VND 35,000,000;

c) Confiscate materials, equipment and devices for training, performance and competition in sports, the value of which must not exceed VND 35,000,000;

d) Impose the additional penalties prescribed in Clause 2 Article 3 of this Decree;

dd) Enforce the remedial measures prescribed in Article 4 of this Decree.

4. Ministerial Chief Inspector, Director of Department of Inland Waterways affiliated to the Ministry of Transport, the Director of the Drug Administration of Vietnam, the Director of Department of Medical Examination and Treatment, the Director of Department of Preventive Healthcare affiliated to the Ministry of Health have power to:

a) Issue warnings;

b) Impose fines of up to VND 50,000,000;

c) Confiscate materials, equipment and devices for training, performance and competition in sports, the value of which must not exceed VND 50,000,000;

d) Impose the additional penalties prescribed in Clause 2 Article 3 of this Decree;

dd) Enforce the remedial measures prescribed in Article 4 of this Decree.

Article 23. Penalty power from the Presidents of People’s Committees

1. The President of People’s Committee of commune has power to:

a) Issue warnings;

b) Impose fines of up to VND 5,000,000;

c) Confiscate materials, equipment and devices for training, performance and competition in sports, the value of which must not exceed VND 5,000,000.

2. The President of People’s Committee of district has power to:

a) Issue warnings;

b) Impose fines of up to VND 25,000,000;

c) Confiscate materials, equipment and devices for training, performance and competition in sports, the value of which must not exceed VND 25,000,000;

d) Impose the additional penalties prescribed in Clause 2 Article 3 of this Decree;

dd) Enforce the remedial measures prescribed in Article 4 of this Decree.

3. The President of People’s Committee of province has power to:

a) Issue warnings;

b) Impose fines of up to VND 50,000,000;

c) Confiscate materials, equipment and devices for training, performance and competition in sports, the value of which must not exceed VND 50,000,000;

d) Impose the additional penalties prescribed in Clause 2 Article 3 of this Decree;

dd) Enforce the remedial measures prescribed in Article 4 of this Decree.

Article 24. Penalty power from the People s Public Security

The power to impose administrative penalties, impose additional penalties and enforce remedial measures of People s Public Security shall comply with Article 39 of the Law on Actions against Administrative Violations.

Article 25. Penalty power from the Border guards

1. The border guard soldiers in the performance of their duty have power to:

a) Issue warnings;

b) Impose fines of up to VND 500,000.

 2. Team leaders of the persons prescribed in Clause 1 of this Article have power to:

a) Issue warnings;

b) Impose fines of up to VND 2,500,000.

3. Captains of border guard stations, leaders of coastal guard teams, commanders of border guard at checkpoints and commanders of border guard at harbor checkpoints have power to:

a) Issue warnings;

b) Impose fines of up to VND 25,000,000;

c) Having sports operation mandatorily suspended for 1 to 3 months;

d) Having sports operation mandatorily suspended for 3 to 6 months.

4. Captains of provincial border guard command centers, commanders of coastal guard fleets affiliated to the Border Guard Headquarters have power to:

a) Issue warnings;

b) Impose fines of up to VND 50,000,000;

c) Having sports operation mandatorily suspended for 1 to 3 months;

d) Having sports operation mandatorily suspended for 3 to 6 months.

Article 26. Power of the Coastguard

1. Coastguard officers in the performance of their duty have power to:

a) Issue warnings;

b) Impose fines of up to VND 1,000,000.

2. Coastguard team leaders have power to:

a) Issue warnings;

b) Impose fines of up to VND 2,500,000.

3. Coastguard squad leaders and captains of coastguard stations have power to:

a) Issue warnings;

b) Impose fines of up to VND 5,000,000.

4. Commanders of coastguard platoons have power to:

a) Issue warnings;

b) Impose fines of up to VND 10,000,000.

5. Commanders of coastguard fleets have power to:

a) Issue warnings;

b) Impose fines of up to VND 15,000,000.

6. Commander of Coastguard Headquarters has power to:

a) Issue warnings;

b) Impose fines of up to VND 25,000,000.

7. Commander of Coastguard Headquarters has power to:

a) Issue warnings;

b) Impose fines of up to VND 50,000,000;

c) Having sports operation mandatorily suspended for 1 to 3 months;

d) Having sports operation mandatorily suspended for 3 to 6 months.

Article 27. Power determination for administrative violations

1. The Presidents of People’s Committees have power to make administrative offense reports, impose administrative penalties and enforce remedial measures on administrative violations prescribed in Articles 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 and 21 within their competence as prescribed in Article 23 of this Decree and assigned functions, tasks and powers.

2. The Competent persons of People s Public Security have power to make administrative offense reports, impose administrative penalties and enforce remedial measures on administrative violations prescribed in Articles 6, 7, 8, 9, 12, 14, 15, 16 and 17, Clause 3 Article 18, Clause 3 Article 19, Article 20, Article 21 of this Decree within their competence as prescribed in Article 24 of this Decree assigned functions, tasks and powers.

3. Competent persons of specialized inspection agencies have power to impose administrative penalties as follows:

a) The Inspectors of Culture, Sports and Tourism (including inspectors of specialized agencies in sports affiliated to the People’s Committee of provinces) have power to make administrative offense reports, impose administrative penalties and enforce remedial measures on administrative violations prescribed in Articles 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20 and 21 within their competence as prescribed in Article 22 of this Decree and assigned functions, tasks and powers;

b) The Inspectors of Transport have power to make administrative offense reports, impose administrative penalties and enforce remedial measures on administrative violations prescribed in Clause 3 Article 18 and Point b Clause 2 Article 19 of this Decree within their competence as prescribed in Article 22 of this Decree and assigned functions, tasks and powers;

b) The Inspectors of Health have power to make administrative offense reports, impose administrative penalties and enforce remedial measures on administrative violations prescribed in Article 6; Point dd Clause 1 and Point c Clause 2 Article 18 of this Decree within their competence as prescribed in Article 22 of this Decree and assigned functions, tasks and powers.

4. The competent persons of the Border guard have power to make administrative offense reports, impose administrative penalties and enforce remedial measures on administrative violations prescribed in Clause 3 Article 18 and Clause 3 Article 19 of this Decree within their competence as prescribed in Article 25 of this Decree and assigned functions, tasks and powers.

5.The competent persons of the Coastguard have power to make administrative offense reports, impose administrative penalties and enforce remedial measures on administrative violations prescribed in Clause 3 Article 18 and Clause 3 Article 19 of this Decree within their competence as prescribed in Article 26 of this Decree and assigned functions, tasks and powers.

Article 28. Powers for making reports on administrativeviolations

Competent persons prescribed in Articles 22, 23, 24, 25 and 26 of this Decree and officials and public employees in culture, sports and tourism on their inspection duties, upon detection of any administrative violation in sports, have power to make administrative offense reports as prescribed.

Chapter IV

IMPLEMENTATIONPROVISIONS

Article 29. Transitionalprovisions

Administrative violations in sports committed before effective date of this Decree but detected thereafter or being handled, regulations which are advantageous to the wrongdoers shall apply.

Article 30.Implementation effect

1. This Decree takes effect on August 01, 2019.

2. From effective date of this Decree, Section 2 Chapter II of Government s Decree No. 158/2013/ND-CP dated November 12, 2013 on penalties for administrative violations in culture, sports, tourism and advertisement and Clause 28 Article 2 of Government s Decree No. 28/2017/ND-CP dated March 20, 2017 on amendments to Government s Decree No. 131/2013/ND-CP dated October 16, 2013 on penalties for administrative violations against copyright and related rights and Government s Decree No. 158/2013/ND-CP dated November 12, 2013 on penalties for administrative violations in culture, sports, tourism and advertisement shall be expired.

Article 31. Implementation organization and guidance

1. The Minister of Culture, Sports and Tourism shall be responsible for organizing the implementation of this Decree.

2. Ministers, Heads of ministerial agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces shall implement this Decree./.

For the Government

The Prime Minister

Nguyen Xuan Phuc