In order to ensure the interests of the parties when transferring professional athletes and players, it is essential to understand the regulations on the transfer and the contract for the transfer of professional athletes. In the article below, Sports Lawyers provide you with a sample contract for the transfer of professional players and athletes; advising on regulations and necessary contents in the athlete transfer contract. In case you need advice and support on legal issues in the field of sports, please contact a Sports Lawyer at Phone/Zalo: 0973.444.828.
TABLE OF CONTENTS
Contract for the transfer of professional players and athletes.
When should a contract for the transfer of professional players and athletes be signed?
During physical training and sports activities, professional players and athletes may switch to another professional sports club. The change of a professional athlete’s club may be made while the athlete’s employment contract is still valid or has expired.
When a professional athlete’s employment contract is still valid, the transfer to a guest club for activities can be done in three common ways:
Method 1: Terminate the labor contract ahead of time.
Early termination of employment contract with the former sports club. After that, the athlete signs a new employment contract with the professional sports club he wants to move to. Termination of the labor contract ahead of time will result in an obligation to compensate for the contract and for training costs (if any). Therefore, this option is rarely used in practice.
Method 2: Sign a player transfer contract.
Two professional clubs enter into a contract to transfer professional players and athletes to each other and to players and athletes while the athlete’s labor contract is still valid.
Method 3: Sign a transfer contract in the form of a player or athlete loan.
Lending a player or athlete is the transfer of an athlete with a definite term. After the expiration of the agreement period, the player returns to his old club. In addition, in the loan contract of players and athletes, the parties may include a buy-out clause.
The signing of a contract for the transfer of players and athletes makes it possible for athletes to change clubs with a simple profile; Easy and fast procedure. When wanting to change clubs while the employment contract is still in place, the player and athlete transfer contract is the optimal solution for clubs and players.
Regulations on contracts for the transfer of professional players and athletes.
The transfer of professional players and athletes between clubs requires a written contract. The contents and procedures for signing an athlete transfer contract must conform to the provisions of relevant laws. Specifically:
- In accordance with the provisions of the Law on Physical Training and Sports of Vietnam;
- Consistent with international treaties to which Vietnam is a contracting party and international practices;
- In accordance with the transfer regulations of the international sports federation;
- In accordance with the regulations of the national sports federation.
You can refer to the following content: VFF regulations on professional football employment contracts
Contents of contract for the transfer of professional athletes.
Contracts for the transfer of professional athletes must be in writing. According to the provisions of Clause 2, Article 48 of the Law on Physical Training and Sports, the content of an athlete transfer contract must contain the following basic contents:
- Athletes, transferees;
- The parties to the transfer contract;
- The form of the transfer of the athlete and the scope of the assignment;
- Time of transfer of athletes;
- Transfer price and payment method;
- Rights and obligations of the parties in the transfer contract;
- Terms of breach of contract and compensation levels of the parties for breach of contract;
- Selection of a contract dispute settlement agency;
- Other contents as agreed by the parties (if any).
So, how is the specific content of the terms of the transfer contract to ensure the interests of the parties? Which agencies are competent to settle transfer contract disputes? … Please contact a Sports Lawyer at Tel/Zalo: 0973.444.828 for advice and support in each specific case.
Sample contract for the transfer of professional players and athletes
Pursuant to the provisions of the Law on Physical Training and Sports and the Football Regulations; Regulations on professional sports, the sports lawyer provide the template contract for the transfer of professional players and athletes below for your reference:
TRANSFER CONTRACT
PROFESSIONAL PLAYER/ATHLETE
Today, day…. month … year ….. at ……………………. The parties to the contract include:
Transferor (Party A): ……………………. ……………..
Business code : ……………………………………… …………………………..
Address : ……………………………………….. ……………………..
Representative : ………………………………………. …………………………..
Contact : ……………………………………….. ……………………..
Transferee (Party B): ………………………………………
Business code : …………………………………………………………………..
Address : ……………………………………………………………….
Representative : ……………………………………………………………………
Contact : ……………………………………………………………….
The parties agree to sign a contract for the transfer of professional players/athletes with the following terms:
Article 1: Subject of assignment
Full name of player, athlete:
Personal information of athletes: year of birth, ID/CCCD/Passport number, Nationality, Address, Labor contract number, …
Article 2: Time of transfer of players and athletes
Article 3: Transfer price and payment method
3.1. Transfer price
The transfer value of a player or athlete who is the subject of transfer mentioned in Article 1 of this Contract is ……………………. VND.
3.2. Payment term
3.3. Payment methods
The payment is made by transfer to Party A’s account
Article 4: Reimbursement of training expenses
The level of reimbursement for training costs is: …………………… VND
Time limit and method of payment of training expense reimbursement:
Article 5: Rights and obligations of Party A
Article 6. Rights and obligations of the parties
Article 7. Rights and obligations of transferees and athletes.
Article 8. Liability and compensation for breach of contract
Article 9. Dispute settlement body
Article 10. Contract validity
This contract comes into effect from the date of signing.
This contract consists of 10 (ten) Articles, …. pages and is made into 03 (three) copies with the same content and legal validity, each Party keeps 01 (one) copy, 01 copy is sent to the Union. sport to perform.
PARTY A PARTY B PLAYERS/Athletes
For advice and support in drafting a contract for the transfer of professional players and athletes, download transfer contract template, … please contact Sports Lawyer at Phone/Zalo: 0973.444.828 or Email: sportslawcenter.vn@gmail.com
Records and procedures for player transfer.
Professional player transfer records.
The transfer of professional players must comply with the provisions of Vietnamese law; regulations of the International Football Federation and the Vietnam Football Federation. Pursuant to Clause 5, Article 6 of the Regulation on Professional Football promulgated together with Decision 76 of the General Department of Physical Education and Sports, the transferee must submit a player transfer dossier to the Vietnam Football Federation.
Documents required to transfer professional players include:
- Professional player registration form;
- Football player transfer contract;
- Professional biography of the player;
- Professional football employment contract between club and player;
- Player’s work permit (in case of international player transfers).
Time of player transfer.
The transfer of domestic and international players must be made during the registration phase:
Beginning of Purchase: No more than 12 weeks commencing after the end of the previous season and ending before the start of the new season.
Mid-season: Lasts no more than four weeks.
The transfer time at the beginning of the season and in the middle of the season is set by the Vietnam Football Federation. The fixed time coincides with the registration time for ITC (International Transfer Certificate).
Therefore, clubs when receiving transfers of domestic or international players need to pay attention to the time to carry out the procedures at the Vietnam Football Federation.
Sports lawyer services
The Sports Law Center currently has a team of lawyers and legal professionals with in-depth knowledge and experience in the field of sport. We confidently advise and support you in all legal situations to maximize the legal rights and interests of our clients. Our sports lawyer services include:
- Providing samples, drafting labor contracts for professional players and athletes;
- Providing samples, drafting contracts for the transfer of domestic and foreign players and athletes;
- Consulting contracts, documents and procedures for transferring players and athletes;
- Settlement of transfer disputes and contracts for the transfer of players and athletes;
- Advising on sports law and settling sports disputes;
- Representing players and clubs in negotiation, negotiation and signing of sports contracts;
- Consulting and supporting the establishment of sports facilities and organizations;
- Registration and protection of intellectual property rights in the field of sports and other related services.
See also: SPORTS LAWYERS – SPORTS LAW CONSULTING
Contact our Sports lawyers
Above is the advice of the Sports Law Center on the content: “Sample transfer contract for players and atheletes“ and related issues. In case you need advice and support on legal issues in the field of sports, please contact a sports lawyer through the following ways:
- Ho Chi Minh Office: No. 33, Street 4, Ward 7, Go Vap District, Ho Chi Minh City.
- Hanoi office: No. 32 Do Quang, Trung Hoa ward, Cau Giay district, Hanoi.
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