REPRESENTATIVE LAWYERS SERVICE FOR ATHLETES

Representation of athletes is not a new concept in the field of sports. The athlete’s representative acts on behalf of or in support of the athlete in the best interests of the represented person. The following article of the Sports Law Center will help you understand the regulations, conditions and work of the representative of athletes. Customers who need legal advice, find a representative lawyer, please contact directly at phone number: 0973.444.828 (Zalo/Viber/Whatsapp).

What is an athlete’s representative?

The concept of a representative of athletes

The representation in sports, especially in the field of football, is a concept that is no longer strange. However, Vietnamese law does not have detailed regulations on sports representatives. The representation of athletes shall comply with the general civil law.

The representative of the athletes is the person who supports or represents the athletes to negotiate and sign a contract; resolving legal issues; handling communication, social issues; financial management; even help athletes orient and develop their careers.

In addition, the representative can represent a club or sports organization. The representative of the club, a professional sports organization, represents the handling of legal issues; finance; Negotiates and signs all kinds of contracts in sports activities.

The work of a representative of athletes

The representative of athletes may perform one or all of the following tasks:

1. Representing athletes to negotiate and sign labor contracts with the sport club;
2. Representing athletes to negotiate and sign contracts with sponsors or other parties;
3. Representing athletes to settle disputes related to the signing, performance, and termination of labor contracts; contract for the transfer of athletes; advertising and sponsorship contracts; …
4. Information management, personal image copyright; and media issues of athletes;
5. Manage and resolve legal issues of athletes;
6. Other jobs aimed at protecting the legal rights and interests of athletes to the fullest extent.

The representative has the responsibility to protect the rights and interests of the athletes he or she represents. Having a good representative lawyer helps athletes focus on competitive activities.

Who can act as representatives of athletes?

Previously, individuals who wanted to represent players had to pass an exam and be granted a representative certificate by FIFA. However, this provision has now been removed. Individuals and organizations representing athletes only need to comply with the law on representation of each country.

The person can be representatives of athletes mainly include:

1. Relatives in the family: Father, mother, wife, husband, …
2. Lawyers specializing in sports;
3. “Football storks”, individuals specializing in brokering players and sports athletes.

In order to become a representative, an individual needs to meet the statutory representation requirements. In Vietnam, the representative can be an individual from 15 years old to 18 years old as authorized; or a person aged 18 years or older with full civil act capacity.

In order to maximize the legal rights and interests of athletes, representatives should have the following qualities:

• Having expertise and understanding of legal regulations in the field of sports; the rights and interests of professional athletes;
• Experienced in negotiating on sports and related contracts;
• Having legal knowledge and skills in handling labor disputes; contract disputes; …
• Skilled in handling image, representation and communication issues;
• Honest; responsible, professional ethics.

For representation to be performed professionally; rights and interests of athletes and representatives are guaranteed, between the representative and the athlete should have a representative contract signed in accordance with regulations. Contracts to represent athletes are not too strange for international professional athletes. However, the signing of representative contracts between individuals and professional athletes in Vietnam is currently not much.

ATHLETES SERVICE REPRESENTATIVE – SPORTS LAWYERS – CONTACT: 0973.444.828

Legal regulations on representative of athletes in Vietnam

Legal regulations on sports representatives in Vietnam are stipulated in the Civil Code 2015; Law on Exercise and Sports 2018 and related guiding documents.

Regulations on representatives in civil law

The Civil Code provides for representation as follows:

Article 134. Representative

1. Representation means the establishment and performance by an individual or legal entity (hereinafter referred to as the representative) in the name and for the benefit of another individual or legal entity (hereinafter referred to as the represented person) civil transactions.

2. Individuals and legal entities may establish and perform civil transactions through their representatives. Individuals may not allow others to represent them if the law requires them to establish and perform such transactions by themselves.

3. If so provided for by law, the representative must have appropriate civil legal capacity and civil act capacity with the civil transaction has been confirmed and executed.

The representative performs representative work in the spirit of ensuring the rights and interests of the represented person. During the negotiation; signed; to extend or terminate contracts, athletes may authorize their representatives to perform necessary tasks on their behalf.

Regulations on representative of football athletes

In football, the regulations of the world and regional football organizations allow players and clubs to have intermediary units. In Vietnam, the intermediary unit of players and clubs is regulated in the Regulations on professional outside football 2021 of the VFF; FIFA’s regulations on legal status and player transfers.

Clause 1, Article 18 of FIFA’s regulations on legal status and player transfers:

18. Special provisions relating to contracts between players and clubs

1.If an Intermediary Entity is engaged in contract negotiation, its name must be stated in the contract.

Based on the above regulations, the VFF’s 2021 non-professional football regulations stipulate the following intermediary units:

Article 28. Intermediaries

Intermediary: An individual or legal entity with a fee or no charge to represent a player and/or a club or team to negotiate and sign an employment contract or re-examine an employment contract. or on behalf of the club/team to enter into a player’s conversion contract.

Accordingly, the player or the club may have an intermediary to represent the judgment and sign the labor contract; the player’s conversion contract.

Note: Officials are not allowed to act as an intermediary for players or clubs. Specifically, the officials include:

• Leaders, teaching boards, training boards;
• Referee;
• The officials involved in and responsible for the professional, medical and administrative aspects of the professional football league/non-professional football league, the club, the National Football League, AFC, and FIFA (except for players and players). intermediate unit).

Representative lawyer of athletes to negotiate and sign contracts

Lawyers can completely act as an intermediary/representative for athlete and clubs to:

• Negotiating and signing labor contracts between the club and the athlete; or renew the labor contract;
• Negotiate and sign player transfer contracts;
• Representing to negotiate, sign, change and terminate other relevant contracts such as: Advertising contract; Sponsorship deal; …

The role of the athlete’s representative lawyer in the negotiation and signing of the contract

Firstly, the lawyer advises the player’s rights and obligations in the contract

Besides labor contracts, players can sign advertising and sponsorship contracts; … Each type of contract is governed by different regulations; Players and athletes will have different rights and responsibilities in each contract. … Each type of copper is governed by different regulations; Players and athletes will have different rights and responsibilities in each contract.

Currently, most labor contracts, advertising contracts, or sponsorship contracts for players are prepared by the club or partner. Players or athletes mainly only know the basic rights and obligations of: salary, remuneration, work mode, bonus; … which omits other important terms, rights and obligations. Failure to fully understand the rights and obligations of the parties in the contract can easily lead to disputes.

To assist players and athletes in negotiating and signing contracts, lawyers carry out the following tasks:

1. Research and review the terms of the labor contract; advertising contract; sponsorship contract (if available);
2. Advising on the rights and obligations of the athlete and the other party according to the provisions and content of the contract;
3. Check if a third party title or content merge is external to the active contracts of players, athletes?
4. Give reviews, advise on terms that need to be discussed for amendments or additions; …

Secondly, Lawyers representing players, athletes negotiate with clubs or partners.

Based on the offer or model contracts and the current and potential future value of the player/athlete, lawyers can negotiate terms about rights and obligations of the parties when signing the contract on their behalf. The negotiation of lawyers to help players and athletes reach an agreement with the best interests.

Third, follow up the contract performance, handle disputes, external arising

When the club or partner breaches the contract; or there is an event that causes a dispute, a representative lawyer with a thorough understanding of the law and the content and terms of the contract can act on behalf of the player or athlete to resolve the dispute quickly. Dispute settlement can be through negotiation and conciliation; or file a request for settlement to the competent authority.

Representative lawyers for athletes to settle sports disputes

The common disputes of players and athletes

Professional and amateur footballers and athletes don’t just work with the club. For potential and famous players and athletes, they also work with sponsoring organizations; advertising business or brand; … Disputes that often occur with players and athletes can include:

1. Labor disputes. There are disputes between players, athletes and clubs when violating labor contracts such as: Late payment of wages and bonuses; working regimes, insurance; or conflicts when handling labor discipline, dismissal; …
2. Disputes between players, clubs and third parties. This dispute often arises when the contracts signed by players and athletes with different parties have overlaps and conflicts. For example, advertising contracts, use of images; …
3. Disputes when transferring players and athletes.

Lawyers consult, represent players, athletes to resolve sports disputes

For sports disputes, priority should be given to resolving disputes quickly and effectively; ensure the reputation and development of players and athletes. To meet the above-mentioned criteria, grasp the provisions on the interests of the parties; dispute resolution methods; The order and procedures for dispute resolution are very important.

The work of a lawyer representative for athletes on dispute resolution

When representing players in resolving sports disputes, a lawyer may have to perform a variety of tasks, including but not limited to:

1. Study all records, documents and evidences related to the dispute;
2. Assessing files and cases and offering dispute resolution plans;
3. On behalf of and supporting players and athletes to collect more documents and evidences; prepare the necessary documents to settle the case;
4. Representing players and athletes to negotiate and mediate with related parties;
5. Representative working at a competent agency to resolve disputes (if any).

See more: SETTLEMENT OF LABOR DISPUTES IN FOOTBALL

Contact sports lawyers – Sports Law Center

The Sports Law Center is an organization specializing in providing legal advice, legal represent services to individuals, organizations and businesses operating in the field of sports.

If you are looking for a lawyer to represent players and athletes in order to negotiate and sign contracts; dispute resolution; or need assistance with legal issues in the field of sports, you can contact the Sports Law Center through:

• Working with Lawyers directly at 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.
• Da Nang: No. 48 Mai Di, Hoa Cuong Bac Ward, Hai Chau District, Da Nang,
• Ha Tinh office: No. 24 – 26 Phan Dinh Phung, Nam Ha ward, Ha Tinh City, Ha Tinh Province.

In case you do not have time to directly work with a lawyer or have a geographical distance, please contact Sports Lawyers via the following ways:

• Email: sportslawcenter.vn@gmail.com
• Phone/Zalo/Viber/Whatsapp: 0973.444.828
• Fanpage: https://www.facebook.com/LuatHungBach – https://www.facebook.com/Lhb.hcm
• Website: sportslawyer.vn

Thank you and best regards!