Thông tư 01/2023/TT-BVHTTDL của Bộ Văn hóa, Thể thao và Du lịch về việc sửa đổi, bổ sung một số điều của Thông tư 17/2015/TT-BVHTTDL ngày 30/12/2015 của Bộ trưởng Bộ Văn hóa, Thể thao và Du lịch quy định về phòng, chống doping trong hoạt động thể thao

CIRCULAR

PROVIDING AMENDMENTS TO CIRCULAR NO. 17/2015/TT-BVHTTDL DATED DECEMBER 30, 2015 OF MINISTER OF CULTURE, SPORTS AND TOURISM OF VIETNAM ON 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. 112/2007/ND-CP dated June 26, 2007 elaborating and guiding the implementation of the Law on physical training and sports;

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 General of Vietnam Sports Administration;

The Minister of Culture, Sports and Tourism of Vietnam promulgates a Circular providing amendments to the Circular No. 17/2015/TT-BVHTTDL dated December 30, 2015 of the Minister of Culture, Sports and Tourism of Vietnam on anti-doping in sports.

Article 1. Amendments to Circular No. 17/2015/TT-BVHTTDL dated December 30, 2015 of Minister of Culture, Sports and Tourism of Vietnam on anti-doping in sports

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 “11. Acts to discriminate or retaliate against reporting on doping activities.”

2. Article 11 is amended as follows:

 “Article 11. Therapeutic Use Exemption (TUE) council

1. The TUE council shall be established by the head of the tournament organizing board to consider the TUE requests submitted by athletes who register for the tournament. If the TUE council is not established, TUE requests shall be sent to Vietnam Anti-doping and Sports Medicine Agency for consideration.

2. Director of Vietnam Anti-doping and Sports Medicine Agency shall establish a TUE council to consider the following TUE requests:

a) TUE requests submitted by tournament organizing boards as prescribed in Clause 1 of this Article;

b) TUE requests other than those specified in Point a of this Clause.

3. The TUE council is comprised of 05 or 07 members who are medical professionals, and shall work under the democratic principle and majority rule, and in compliance with the World Anti-Doping Code.

4. The competent officials mentioned in Clause 1 and Clause 2 of this Article shall decide to replace members of TUE councils if there are sufficient grounds for determination that they are not impartial and objective during their performance of tasks. A decision on replacement of a member of TUE council must indicate reasons and grounds for the replacement.

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6. Within 10 working days from the receipt of the TUE request from an athlete other the one specified in Clause 5 of this Article, Vietnam Anti-doping and Sports Medicine Agency shall, based on conclusions given by the TUE council, give written approval for TUE request. In case of refusal, reasons for such refusal shall be provided for the athlete in writing.

7. A written approval for TUE request given by a tournament organizing board shall be only valid for that tournament. A written approval for TUE request given by Vietnam Anti-doping and Sports Medicine Agency shall be valid for a given period of time which is determined based on the athlete’s medical file and according to International Standards for TUEs of the World Anti-Doping Agency' (WADA)."

Article 2. Replacement of phrases in Circular No. 17/2015/TT-BVHTTDL dated December 30, 2015 of Minister of Culture, Sports and Tourism of Vietnam 

The phrase “có từ 05 đến 07 thành viên” (“comprised of 05 - 07 members”) is replaced with the phrase “có 05 hoặc 07 thành viên” (“comprised of 05 or 07 members”) in Clause 3 Article 12.

Article 3. Effect

1. This Circular comes into force from April 15, 2023.

2. Difficulties that arise during the implementation of this Circular should be promptly reported to the Ministry of Culture, Sports and Tourism of Vietnam for consideration.

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