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Chapter Law Content

Title: National Sports Act CH
Category: Ministry of Education(教育部)
Chapter 6 Specified Sports Associations
Article 30
Specified Sports Associations should enhance on promoting the following business in whole or in part, and establish plans and the standard operational procedures:
1. To establish a system for categorized registration and record management of athletes.
2. To establish a system for review of qualification, issuance of certificate and management for Sports coaches and referees.
3. To carry out the vocational training for the Sports Coaches, referees and staffs.
4. To establish the selection and training system for Sport Coaches and athletes actively.
5. To establish a sports human resource database and to maintain the security thereof.
6. To establish records and rules of games, collect domestic and foreign sports information, publish journals or to provide the members and the public with the proper information.
7. To assist in executing the scientific research and development in sports.
8. To establish the seasonal system for annual competitions and hold the competitions and promotions.
9. To promote the international exchange programs in sports.
10. To promote the recreational sports activities for the whole people.
11. To establish the financial audit and management system and to seek sources from the society actively.
12. To promote the anti-doping in sports policy.
Specified Sports Association should make medium and long term development plan to operate the business prescribed in each subparagraph of the preceding paragraph and enlist such business in annual work plan and execute accordingly.
In order to formulate a national sports development policy and a plan for local sports development so as to enhance the physical fitness of the nationals and as a training and excavation of athletes and related academic and sports industry applications, Specified Sports Associations shall provide the central authority with information prescribed in each subparagraph of the paragraph 1 periodically.
The audition and cultivation plan of the paragraph1(4)and the records and rules and other relevant matters of the paragraph 1(6)should be carried out and announced in timely manner.
Article 31
The qualification test, issue of certificate, management and other regulations of Sports Coach and referee are to be decided by the central competent authority.
Article 32
The membership of Specified Sports Association should be open to the public in principle.
The charter and amendments made thereto of Specified Sports Associations should be approved by the central competent authority.
Article 33
The central competent authority should give group counselling, visit and assess Specified Sports Associations on annual basis.
The item of assessment in the preceding paragraph should include the audition system of representative team, the operation of the organization, the audit and finance condition, the promotion performance and the planning of public participation. The assessment should be decided and executed with academic professionals and just non-governmental.
The result of the visit and assessment of the paragraph 1 should be announced within 3 months after completion and such result may be considered for central competent authority to provide subsidy. And the central competent authority should give professional advice and assistance on missing items.
The object, the use of assessment results, subsidies and other relevant matters of the visits, implementation of assessment in the preceding 3 paragraphs shall be determined by the central competent authority.
Specific sports groups should cooperate and provide relevant information to the counseling, visits or assessment as prescribed in paragraph 1. It shall not be circumvent, obstruct or reject.
Article 34
Specified Sports Association shall not have any hasty or false information on their financial and accounting matters and shall handle the following matters
1. Implementation of internal financial monitoring system
2. Announcement of the annual budget, final accounts and government agencies to subsidize the funds.
Article 35
The budget and final accounts of a Specified Sports Association shall be reported to the central competent authority for reference.
A Specified Sports Association shall, within three months after the end of each year, after examined and approved by accountants recognized by the central competent authority, submit its accounts and financial statements to the central competent authority for reference and announcement. The central competent authority may appoint other accountants to review if needed.
The central competent authority shall, at any time, dispatch or appoint an accountant to inspect the financial statements and financial statements to check the report, internal control and other matters together with the sports professional fair concerned, and the Specified Sports Association shall cooperate in giving relevant information and may not circumvent, obstruct or reject.
Specified Sports Associations who accept the subsidy of the competent authorities should publish such information of subsidy in their financial area of official websites.
Article 36
Specified Sports Associations should not appoint the spouse or relatives within three degrees of current chairman(director)and the secretary general as the regular staff. The limit applies to the ones appointed before such chairman(director)and the secretary general takes the position.
Directors, supervisors, executive directors, executive supervisors and the chairman(director)may not serve as staff.
Article 37
The athlete, coach or local sport association who disagree with the decision made by the Specified Sports Associations of the matters listed below, may make complaints to such Association. With no satisfaction of the decision of the complaint, it may plead for an arbitration within a fix period of time to the arbitral institution for sports disputes recognized by the central competent authority to which the concerned Association may not refuse.
1. Violation of rules of games by athletes and coaches.
2. Rights and interests of athletes or coaches concerning audition, training, qualification, nomination and other rights and obligations as prescribed in Article 21(2).
3. The Rights and obligations between athlete and any third person or Specified Sports Association and any third person arising from sponsor contracts.
4. The group membership or the rights and obligations of local sports associations.
The parties to the disputes respecting of the contract signed in subparagraph 2 and 3 of the preceding paragraph between the Specified Sports Associations, or the dispute between the athletes and the Specified Sports Associations may apply for arbitration in accordance with the provisions of this Article.
Parties that have applied for arbitration in accordance with the provisions of the preceding 2 paragraphs may not file legal proceeding for the same dispute. The court shall dismiss such suit. If the case is filed before the arbitration is applied, the court shall, upon the request made by the other party, stop the proceedings and order the plaintiff, in a certain period of time, to apply for arbitration in accordance with the provisions of the preceding two paragraphs. If the plaintiff fails to apply for arbitration within the period of time, the court shall dismiss the suit. Should the arbitration award be determined the after the court has stopped proceeding, the suit shall be deemed as withdrawn.
The terms, procedure, dismissal of the recognition of arbitration institution of the paragraph 1 and the qualifications, methods of selecting of the institutional members and the arbitrating procedure, the period of application for arbitration, the provisions to be applied, the arbitration fees and other regulations shall be determined by the central competent authority.
If the party concerned refuses to accept the award made by the arbitral institution, it shall, within thirty days from the date of delivery or service of the award, file or renew a proceeding to the court. The arbitral award and the final decision made by the courts shall, to the parties concerned, have the same effect.
The arbitration award made by the arbitral institution shall have the same effect as the judgment of the court should the parties to the disputes agree to use the arbitration set forth in this Act.
Where the parties to the dispute reach an agreement in the course of the arbitration proceedings, the result of the agreement shall be reported to the arbitration institution and the central competent authority for reference and the arbitration procedure shall be terminated.
Article 38
The Specified Sports Associations that have been established before the implementation of the amendments to this Act on August 31, 2017 shall amend their charters in accordance with the provisions of the preceding paragraph within six months from the date of the amendment of this Act. According to the charter, the Associations shall have the individual sports committee(association)of municipalities and counties(cities)and all levels of school as a group member, adjust the number of representatives of the group members, and commence the meeting of remembers(representatives)to reselect the director and supervisors.
Article 39
Person who has one the following situation may not serve as the director(chairman)or secretary general of Specified Sports Associations:
1. Ones who have been convicted by the court of a fixed-term imprisonment or above and have not yet executed or the execution have not yet finished; however, it does not apply to those cases where a deferment is pronounced.
2. Ones who have been convicted by the court of a security measures and has not yet executed or the execution has not yet finished.
3. Ones who have been pronounced bankrupt and yet to be restored.
4. Ones who have been announced to be monitored or assisted, not yet revoked.
A person who has a spouse, relative by blood within 3 degrees or immediate relative by marriage who is a director and supervisor of a Specified Sports Association shall not have any of the following circumstances:
1. To serve at the same time as a director and a supervisor.
2. To serve at the same time as a director.
3. To serve at the same time as a supervisor.
The tenure of the director(chairman)of a Specified Sports Association may not exceed four years, they may be reappointed for only once if elected again.
A Specified Sports Association shall have directors according to the following rules:
1. Directors who are current or former national team athletes shall not be less than one-fifth of the total membership.
2. Individual members and group members shall not be more than one half of the total membership.
3. The directors and supervisors of a Specified Sports Association shall, after submitting the approval of the central competent authority within 30 days, send them to the competent authorities of the Civil Associations Act for reference.
The directors(chairmen), supervisors and the secretary-general of a Specified Sports Association shall abide by the principle of interest avoidance and shall not take advantage of the power, opportunity or method of their authority, or the interests of the person or the person concerned.
The current central government officials and the central legislators shall not serve as directors or supervisors of the Specified Sports Association of the preceding paragraph.
Article 40
Specified Sports Associations should, so required by the operation, invite the experts, scholars and just non-governmental to found each committee.
The committee of the preceding paragraph should include audition and training, coaches, referees and the discipline the committee of the athlete. The organizational rules and the list of committee member should be reported to the central competent authority.
Article 41
Specified Sports Associations should appoint regular staff to execute the operation of the association.
Specified Sports Associations that have the position of secretary general and vice secretary general should appoint persons with sports profession or experience in operation. At least one of them should have expertise in sports.
Specified Sports Connotation should select their employees by the director(chairman)according to the qualification and condition set in the preceding 2 paragraphs, and the selection should be reported to the central competent authority once the board of director has approved such selection.
Article 42
The organization, proceedings, rights and obligations of and between the association and its member, complaint, guidance by the competent authority and other regulations are to be decided by the central competent authority. For any affairs other than prescribed hereinto, the Civil Associations Act shall apply.
Specified Sports Association that is bound by international laws and regulations shall operate in accordance with the charter of the association and relevant regulations.
Each competent authority of municipal and county(city)may, according to this Act and other laws and regulations, promulgate ordinances of management for Sports Associations in their jurisdiction,
Article 43
Each competent authority may deliver warning note to, withdraw its resolutions or suspend its business in part or in whole any Specified Sports Associations that violate laws, regulations and charters or impair public interests and require such Association to improve the condition within specific period. When there is no improvement made as the period is expired or as the violations are serious, the competent authority may:
1. Suspend the reward and subsidy in whole or in part.
2. Dismiss its staff.
3. Have it rearranged in the fix period of time.
4. Transfer it to the competent authority of the Civil Associations Act to abolish its permit.
5. Transfer it to the competent authority of the Civil Associations Act to order the disincorporation for the such Association.