VFF REGULATIONS ON WORKING WITH INTERMEDIARIES

2016-12-23 10:14:52

Article 1. Scope

1.      These provisions are to adjust activities in relation to the engagement of the services of an intermediary by players and clubs (herein after as to “Club”) to conclude or renegotiate an employment contract between a player and a club or conclude a transfer agreement between two clubs.

2.      These provisions are implemented by clubs, players, intermediaries that engage, provide intermediary services.

 

Article 2. Definitions

a, An intermediary is a natural or legal person who, for a fee or free of charge, represents players and/or clubs in negotiations with a view to concluding an employment contract or represents clubs in negotiations with a view to concluding a transfer agreement.

b, Officials include leaders, Committees’ members, coaches, referees, staff who involves and be responsible for techincal matters, medical and administration of professional football competition organizer, clubs, national football association, football confederation, The Fédération Internationale de Football Association (FIFA) (except for players and intermediaries).

c, Minor player is a player under 18 years old.

 

Article 3. General principles

1.    Players and clubs are entitled to engage the services of intermediaries when concluding an employment contract and /or a transfer agreement.

2.    Players and clubs ensure that the intermediaries sign the relevant Intermediary Declaration as FIFA template at Annex 1 and 2 of this Regulations and the representation contract concluded between the parties.

3.    Whenever an intermediary is involved in a transaction, he shall be registered pursuant to article 4 below.

4.    The engagement of officials as intermediaries by players and clubs is prohibited.

5.    Intermediaries are prohibited to have contractual relationship or direct or indirect relationship with professional football competition organizer, clubs, national football federations, football confederation, FIFA.

 

Article 4. Registration of intermediaries

1.     A club and/or player engaging the services of an intermediary must submit to VFF at least the Intermediary Declaration (as template) and all contracts, agreements and relating document to intermediaries. In case of renegotiation of an employment contract, a player engaging the services of an intermediary must also provide VFF with the same documentation.

2.    An intermediary representing for a player and/or Club to conclude or renegotiate an employment contract or representing for a Club to conclude a transfer agreement is entitled to:

a, Submit to VFF the followings:

-        Representation contract with player and/or Club and an Intermediary Declaration (as template);

-        Intermediary as natural persons: valid judicial record issued by Authorised body at their residence, autobiographical curriculum vitae certified by local authorities (no more than 6 months before submission date)

-        Intermediary as legal persons: valid judicial record issued by Authorised body at their residence, autobiographical curriculum vitae certified by local authorities (no more than 6 months before submission date) of legal representative, copy of Establishment Decision of legal entities (copy of Business license)

b, Sign in a transfer agreement or an employment contract in case a player/ Club engage in intermediaries services.

c, Not to be an intermediary to settle transfer payment, training compensation or solidarity contributions.

Article 5. Representation contract

Representation contract must contain the following minimum details:

a, The names of the parties;

b, The scope of services;

c, The duration of the contract;

d, The remuneration;

e, The general terms of payment;

f, The termination provisions and signatures of the parties.

If the player is a minor, the player’s legal guardian(s) (parents/guardian) shall also sign the representation contract.

Article 6. Disclosure and publication

1.    Players and/or clubs are required to disclose to VFF all agreed remunerations or payments of whatsoever nature that they have made or that are to be made to an intermediary. In addition, players and/or clubs shall, upon request, with the exception of the representation contract, the disclosure of which is mandatory under term 1 of Article 4 of this Regulations, disclose to the competent bodies of the professional football competition organizer, clubs, national football federation, confederations and FIFA, all contracts, agreements and records with intermediaries in connection with activities in relation to these provisions, for the purpose of their investigations.

2.    A club and/or player engaging the services of an intermediary to conclude a labor contract and/or a player transfer agreement must ensure that full name and signature of an Intermediary are shown in the contract/agreement.

3.    All above-mentioned contracts, agreements and relating document to Intermediary shall be attached to the transfer agreement or the employment contract, for the purpose of registration of the player.

Article 7. Payments to intermediaries

1.    The amount of remuneration due to an intermediary who has been engaged to act on a player’s behalf shall be calculated on the basis of the player’s basic gross income for the entire duration of the contract.

2.    Clubs that engage the services of an intermediary shall remunerate him by payment of a lump sum agreed prior to the conclusion of the relevant transaction. If agreed, such a payment may be made in instalments.

3.    The amount of remuneration due to an intermediary as below:

a)  The total amount of remuneration per transaction due to intermediaries who have been engaged to act on a player’s behalf should not exceed three per cent (3%) of the player’s basic gross income for the entire duration of the relevant employment contract.

b)  The total amount of remuneration per transaction due to intermediaries who have been engaged to act on a club’s behalf in order to conclude an employment contract with a player should not exceed three per cent (3%) of the player’s eventual basic gross income for the entire duration of the relevant employment contract.

c)  The total amount of remuneration per transaction due to intermediaries who have been engaged to act on a club’s behalf in order to conclude a transfer agreement should not exceed three per cent (3%) of the eventual transfer fee paid in connection with the relevant transfer of the player.

4.    Clubs shall ensure that payments to be made by one club to another club in connection with a transfer, such as transfer compensation, training compensation or solidarity contributions, are not paid to intermediaries and that the payment is not made by intermediaries. This includes, but is not limited to, owning any interest in any transfer compensation orfuture transfer value of a player. The assignment of claims is also prohibited.

5.    Any payment for the services of an intermediary shall be made exclusively by the client of the intermediary to the intermediary.

6.    After the conclusion of the relevant transaction and subject tothe club’s agreement, the player may give his written consent for the clubto pay the intermediary on his behalf. The payment made on behalf of the player shall be in accordance with the terms of payment agreed between the player and the intermediary.

7.    Officials are prohibited from receiving any payment from an intermediary of all or part of the fees paid to that intermediary in a transaction. Any official who contravenes the above shall be subject to disciplinary sanctions.

8.    Players and/or clubs that engage the services of an intermediary when negotiating an employment contract and/or a transfer agreement are prohibited from making any payments to such intermediary if the player concerned is a minor.

Article 8. Conflicts of interest

1.    Prior to engaging the services of an intermediary, players and/or clubs shall use reasonable endeavours to ensure that no conflicts of interest exist or are likely to exist either for the players and/or clubs or for the intermediaries.

2.    In case the intermediary discloses in writing any actual or potential conflict of interest he might have with one of the other parties involved in relation to a transaction, representation contract, and he obtains the express written consent of all the other parties involved prior to the start of the relevant negotiations, no conflict of interest would be deemed to exist.

3.    If a player and a club wish to engage the services of the sameintermediary within the scope of the same transaction under the conditions established in paragraph 2 above, the player and the club concerned shall give their express written consent prior to the start of the relevant negotiations, and shall confirm in writing which party (player and/or club) will remunerate the intermediary. The parties shall inform VFF of any such agreement and accordingly submit all the aforementioned written documents within the registration process (cf. articles 4 above).

Article 9. Sanctions

1.    Club, player, intermediary who violate these provisions, Statutes and regulations of Vietnam Football Federation shall be subject to the below sanctions:

a, Club:

-       Warning;

-       Minimum fine of 5,000,000VND;

-       To be banned to register new players for next registration stage.

b, Player:

-       Warning;

-       Minimum fine of 5,000,000VND;

-       Suspended for at least 3 matches or 1 month;

-       Suspended or banned to involve football activities for at least 1 year.

c, Intermediary:

-          Warning;

-          Minimum fine of 5.000.000VND;

-          Suspended registration for at least 6 months;

-          Suspended or banned to involve football activities for at least 1 year.

Those sanctions shall be combined or applied separatedly.

2.    Vietnam Football Federation shall publish in details of disciplinary decision towards a Intermediary and inform FIFA of its decision. FIFA Disciplinary Committee will decide to expand the disciplinary decision effect to the world as FIFA’s Disciplinary Code.

Article 10. Implementation effect

1.    This Regulations shall come into force as the date of issuance.

2.    Abrogating regulations on player representatives stipulated in Professional Football Statutes (amended, supplemented in 2015).

3.    Licence of player representatives that was issued by VFF shall be invalid and returned to VFF.

Article 11. Amendment and supplement

The amendment and supplement of this Regulations shall be decided by VFF Executive Committee.

For Executive Committee

PRESIDENT

 Le Hung Dung

Source : Vietnam Football Federation
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