From the case of Dinh Bac and Ho Van Cuong, understanding correctly about player transfers

First, it must be determined that striker Dinh Bac is a talented young player of Vietnamese football. At the age of 20, Dinh Bac has played impressively for the Vietnamese national team and of course has received attention from both domestic and foreign teams.

Before the internal disciplinary action, Dinh Bac received offers from a Japanese team and another V.League team, not just Hanoi Club. After that, Dinh Bac moved to Hanoi Club, debuted and trained with the agreement of Quang Nam Club. Specifically, Hanoi Club announced that Dinh Bac would be borrowed for 1.5 seasons.

However, Dinh Bac did not play in the National Cup match between Hanoi and Hong Linh Ha Tinh because there was not enough legal basis for the Vietnam Football Federation to approve him to play for the new team. Immediately after that, Hanoi club had to correct that they did not borrow Dinh Bac because it was not suitable.

According to current regulations and the Professional Football Regulations, Dinh Bac still has a 6-year contract with the Quang Nam team. During those 6 years, Dinh Bac still has a training contract, at least until he is 21 years old, and a professional contract lasting a maximum of 3 years (according to the Labor Law).

If Dinh Bac is 25 years old and has completed his contract with Quang Nam club, there will be nothing to say about Dinh Bac joining any team. It is a free transfer, similar to the case of Song Lam Nghe An players leaving after turning 25 and ending their training and professional contracts. At that time, Dinh Bac will receive the entire signing bonus from the new club.

But here, Dinh Bac is only 19 years old, and has a training contract and a professional contract with Quang Nam club. If he wants to play for another team, there are only two ways. One is for Dinh Bac to play for Hanoi club on loan. According to research, Quang Nam club agreed to let Dinh Bac play for 1.5 seasons for Hanoi without any fee.

Second, Quang Nam club will sell outright, with a transfer fee when negotiating a contract with Hanoi club. This is a form of transfer that the world often does. However, both of the above assumptions require the player's consent. That is, in addition to the loan contract between Quang Nam club and Hanoi club, there must also be a contract between Dinh Bac and Hanoi club.

With Dinh Bac “turning around”, not agreeing to join Hanoi club for a term of 1.5 years but only half a season, although Quang Nam club gave the green light, this deal still failed. Thus, it can be understood that if Hanoi club wants to own Dinh Bac long-term, it must both pay the transfer fee to Quang Nam club and negotiate with Dinh Bac personally to be successful.

At the same time, FIFA also stipulates that, for free transfers, when a player has a contract of more than 6 months with the new club, he cannot contact or negotiate with the player without the written consent of the parent club. Unfortunately, the situation of players being illegally contacted still occurs, somehow, from a player with obligations, they become a free player. Except for an agreement to terminate the contract, liquidate the contract without compensation before the term of the player and the parent club.

Currently, most transfers in Vietnam are in the form of free transfers, causing many disadvantages for clubs focusing on youth training. Clubs not only lose players but also do not receive solidarity costs, which means compensation for player training costs and the principle of solidarity division is stipulated in Article 28 of this Regulation.

In V.League, Song Lam Nghe An is one of the typical examples of “talent drain”. Song Lam Nghe An players all left on free transfers. According to statistics, up to now, the Nghe An team has not been able to earn a single penny from player transfers. All the signing bonus from the new club belongs to the players.

In the case of Ho Van Cuong, this player came to Cong An Ha Noi club on loan, while Song Lam Nghe An club borrowed a foreign player. This is a form of exchange, lending a player, it cannot be called a transfer with a fee, buying/selling. When the loan contract ends, Ho Van Cuong will still be on the payroll of Song Lam Nghe An club.

In short, in addition to providing regulations on player training cost reimbursement and applying the principle of solidarity division, the Vietnam Football Federation needs to have forms and measures to protect clubs and youth training centers that invest in youth training, to avoid the situation of "talent loss" for those teams, encourage youth training, and create a source of players. At the same time, bring the main source of income for those teams from transfers. That is truly professional football.

Clause 1, Article 26 of the Professional Football Regulations promulgated herewith: 1. Player transfer is an agreement between two clubs and a player at the time the player's professional football labor contract is still in effect, according to which the transferor is the club that still has a labor contract with the player, transferring the right to sign a labor contract with the player to the transferee, which is the new club. The transferee club must pay the transferor club according to the agreement. The transfer of players under 25 years old between clubs must comply with the regulations on player training cost reimbursement and the principle of solidarity division as stipulated in Article 28 of this Regulation. In case of player transfer involving foreign elements, it is carried out according to the FIFA Regulations on the legal status and transfer of players.