作者:Mark Schaub    任晓磊   金杜律师事务所

岁末年初,中国足球的热点不断。“村里的希望”在加泰罗尼亚德比战中取得进球,在帮助球队绝平对手同时,成为首位攻破巴萨球门的中国球员,一时间成为国内外媒体的争相报道的焦点。总是说“对不起”的国足确定了新任主帅,当年的健力宝“四小天鹅”之一几乎成为国足历史上最年轻的主教练,即是希望,也有质疑。尽管“留洋”和“国足”的话题总是能吸引最多的眼球,职业联赛才是一国足球发展的根本和基石。中国足球协会(下称“中国足协”)在2019年的最后一天公布了《关于2020赛季职业联赛政策调整的通知》(下称“2020联赛政策”),对2019赛季已引起关注甚至争议的诸如“入籍球员”、“限薪”等问题制定了新的规则和政策,为新赛季的中国足球职业联赛发展奠定基调。本文特对2020联赛政策中的重点进行梳理、评析,以期为各俱乐部及球员提供初步指引。

At the end of 2019 and the beginning of 2020, more and more hot topics in relation to Chinese football arise.  The “Hope of Chinese Football” scored in the derby match in Catalonia, helped his team to get a draw in the last minute, and became the first Chinese player to score a goal in a match with Barcelona club, which became the focus of the domestic and foreign media for a while.  The Chinese national football team that always said “sorry” has determined the new manager.  One of the “Jianlibao Four Stars” has almost become the youngest manager in the history of the Chinese national football team, which brings both hope and doubt.  Although the topics of “players abroad” and “national football team” always attract the most attention, the professional league is the fundamental and cornerstone in the process of one country’s football development.  On the last day of 2019, Chinese Football Association (hereinafter referred to as the “CFA“) published the Notice on the Adjustment of Professional League Policies in Season 2020 (hereinafter referred to as the “2020 League Policies“), which has formulated new rules and policies on the issues such as “naturalized players” and “salary cap” that have attracted attention and even controversy in Season 2019, and lay the tone for the development of Chinese football professional leagues in the new season. This paper reviews and analyzes the key points in the 2020 League Policies is combed in order to provide preliminary guidance for clubs and players.

 

  • 入籍球员政策
  1. Policy on Naturalized Players

 

入籍球员的话题在2019年引起热议,在越来越多外籍球员入籍后,除了能否真正提高国足的实战比赛表现,是否会影响到联赛的公平发展也是另一个引人关注的问题。2020联赛政策将此问题列为第一项,足以可见其重要性。

The topic of naturalized players has aroused hot discussion in 2019.  After more and more foreign players are naturalized, in addition to whether they can really improve the actual performance of the Chinese national football team, whether it will affect the fair development of the leagues is another issue of concern. This issue has been listed as item No. 1 in the 2020 League Policies, which can indicate its importance.

 

根据入籍条件的不同,2020联赛政策将入籍球员划分为三种类型:

According to the different requirements of naturalization, the 2020 League Policies categorize the naturalized players into three types:

 

类型

Type

条件

Requirements

评析

Comments

类型一 – 视同国内球员注册和报名

Type I – Registered and enrolled as a domestic player

 

现有参照案例:李可

Current example: Li Ke (Nico Yennaris)

1.     球员本人出生在中国足球协会管辖区域;或

The player was born on the territory of the CFA; or

2.     球员的生物学父亲或生物学母亲出生在中国足球协会管辖区域;或

The player’s biological mother or biological father was born on the territory of the CFA; or

3.     球员的生物学(外)祖父或生物学(外)祖母出生在中国足球协会管辖区域。

The player’s biological grandmother or grandfather was born on the territory of the CFA.

该条实际对应的是血缘入籍球员。从身份认同感的角度,华裔入籍球员是最易于被接受代表国足出场的,因此在注册和报名政策上也给予了最宽松的要求,与国内球员无异。

This article actually corresponds to a consanguineous naturalized player.  From the perspective of identity recognition, the naturalized players with Chinese descent are the most easily accepted to represent the Chinese national football team, so the registration and enrollment policies also give the loosest requirements which have no difference from domestic players.

 

左述入籍条件的设置直接沿用了《国际足联章程》的规定。值得注意的是:

The left-mentioned requirements for naturalization directly follows the provisions of the FIFA Statue.  It should be noted that:

 

1.     严格而言,现有表述并不精确对应血缘入籍球员。如某球员虽无任何中国血统,但是在中国足协管辖区域出生,依然可视同国内球员注册和报名;

Strictly speaking, the current wording does not exactly correspond to consanguineous naturalized players.  For instance, if one player is born on the territory of the CFA without any Chinese descent, he/she can still be registered and enrolled as a domestic player.

2.     该条并没有要求入籍球员必须具备国家队正式比赛资格。

This article does not require the naturalized players to have the official competition qualification of the national team.

类型二 – 视同国内球员注册,每家中超俱乐部可按国内球员报名1人,其他按外援报名,中甲、中乙俱乐部无该类球员注册和报名名额

Type II – Registered as a domestic player.  The CFA Super League club is allowed to enroll one player of such type as a domestic player and can only enroll other players of such type as foreign players.  The China League club and the China League Two club are not allowed to register and enroll the players of such type.

 

现有参照案例:艾克森

Current example: Ai Kesen (Elkeson de Oliveira Cardoso)

不符合类型一所述条件,但符合以下条件之一:

The naturalized players fail to satisfy any of the requirements for the Type I player but satisfy any of the following requirements:

1.     入籍满五年;

After five years of naturalization; or

2.     具备国家队正式比赛资格。

Having the official competition qualification of the national team.

该条实际对应的是两类非华裔入籍球员:(1)具备国足正式比赛资格的;或(2)虽不具备国足正式比赛资格,但已入籍满五年的,而第(1)类事实上是入籍球员引进的重点关注对象。就该类入籍球员而言:

This article actually corresponds to two types of naturalized players without Chinese descent: (1) those who have the official competition qualification of the national team; or (2) those who do not have the official competition qualification of the national team but have been naturalized for five years, and the type (1) is actually the focus of the introduction of naturalized players.  For such naturalized players:

 

1.     该类入籍球员按国内球员注册;

He/she will be registered as a domestic player;

2.     每家中超俱乐部只能按国内球员报名1名该类入籍球员;

Each CFA Super League club is only allowed to enroll one player of such type as a domestic player;

3.     除上述第2项的球员外,其他该类入籍球员只能按外援报名;

Except for the above item 2, each CFA Super League club can only enroll other players of such type as foreign players;

4.     中甲、中乙俱乐部无权使用该类入籍球员。

The China League club and the China League Two Club are not allowed to register and enroll the players of such type.

类型三 – 视同国内球员注册,但按外援报名

Type III – Registered as a domestic player but enrolled as a foreign player

 

现有参照案例:德尔加多

Current example: De Erjiaduo (Delgado)

不符合类型一和类型二所述条件的入籍球员。

The naturalized players who fail to satisfy any of the requirements for the Type I or Type II.

接受外籍球员入籍的主要目的是希望其代表国家队出场,从而解决一定期限内本国优秀球员数量不足的问题。如果俱乐部为了自身的竞赛成绩而引进大量不具备国家队正式比赛资格入籍球员以国内球员身份出场,不仅无法实现提高国家队成绩的目的,还会造成对其他俱乐部的不公平,因此要对这类行为加以限制。

The main purpose of accepting the naturalization of foreign players is to hope that they can play on behalf of the Chinese national team, so as to solve the problem of insufficiency of excellent players in a certain period of time.  If the club introduces a large number of naturalized players who do not have the official competition qualification of the national team to play as domestic players for their own competition results, it will not only fail to achieve the purpose of improving the performance of the national team, but also cause unfairness to other clubs.  Therefore, it is necessary to restrict such behaviors.

 

根据该条规定,对于不具备国家队正式比赛资格的入籍球员,即使其取得中国国籍,在五年内也只能按外援报名参加联赛。客观上将降低俱乐部引进该类入籍球员的动力。

According to this article, for any naturalized player who does not have the official competition qualification of the national team, even if he/she has acquired Chinese nationality, he/she can only be enrolled as a foreign player within five years. It will objectively reduce the club’s motivation to introduce such type of naturalized players.

 

新的入籍球员政策旨在降低俱乐部为了短期竞赛成绩而大量引入入籍球员所可能造成的对联赛公平性的损害,但在类型三和类型二的衔接上仍有以下问题待解决:

The new policy on naturalized players aims to reduce the damage to the fairness of the league caused by the club’s introduction of a lot of naturalized players in order to achieve short-sighted results.  However, the following problems still need to be solved in the connection of Type III and Type II:

 

  1. 类型三的球员如已入籍满五年,可以认定为符合类型二。然而,现有规定并未明确该满五年是“连续”还是“累计”,虽然实践中频繁更换国籍的情况并不多见,但从政策表达严谨的角度,建议予以明确。

The Type III players who have been naturalized for more than five years can be recognized as Type II.  However, the existing provision does not specify whether the five-year period is “continuous” or “cumulative”.  Although it is rare to change the nationality frequently in practice, it is suggested to make it clear from the perspective of a rigorous policy.

  1. 按照现有表述,中甲俱乐部可以使用类型三球员(作为外援),但在其入籍满五年后,如没有中超俱乐部聘用,由于中甲、中乙俱乐部无权使用类型二球员,该类球员将失去代表任何中国职业足球俱乐部参加联赛的资格。同样地,如具备国家队正式比赛资格的类型二球员无法在中超找到工作,也无法以任何身份参加任何级别的联赛。建议应至少保留其作为外援身份注册和报名的资格为宜。

According to the current wording, the China League club can use Type III players (as foreign players).  However, after five years of naturalization, if any player of such type is not employed by the CFA Super League club, since the China League club and the China League Two club are not allowed to register and enroll the Type II players, such player will not be able to play in any league on behalf of any Chinese professional football club.  Similarly, if the Type II players having the official competition qualification of the national team cannot find jobs in the CFA Super League, they will not be able to play in any level of leagues in any capacity.  It is suggested to allow them to be registered and enrolled as foreign players at least.

 

二、球员薪酬政策

  1. Policy on Remuneration

 

2018年12月20日,中国足协公布《中超俱乐部财务约定指标(2019-2021)》,对2019-2021三个赛季中超俱乐部薪酬总额比例限额及国内球员个人最高薪酬限额进行了约定。2020联赛政策在上述指标基础上,对国内球员、外籍球员和U21球员的薪酬政策进行进一步约定和细化:

On December 20, 2018, the CFA released the Financial Index of CFA Super League Club (2019-2021), which stipulated the proportion limit of total remuneration of the CFA Super League club and the maximum remuneration limit of domestic players for the three seasons of 2019-2021. Based on the above index, the 2020 League Policies further specify and refine the remuneration policies of domestic players, foreign players and U21 players:

 

类型

Type

政策

Policy

具体要求

Specific Requirements

评析

Comments

国内球员

Domestic Player

薪酬限额

Remuneration Limit

2019年11月20日之后中超联赛国内球员与俱乐部新签的所有薪酬合同每年税前总额(不含奖金)不得超过1000万元人民币,包括但不限于签字费、肖像权、房产、车辆、股票、债券等。对于入选国家队的球员(以世界杯、亚洲杯及世界杯预选赛、亚洲杯预选赛的每场最终报名名单为准),前述限额提高至1200万元人民币。

The total annual pre-tax amount (excluding bonus) of remuneration in all contracts newly signed by and between the domestic players and the CFA Super League club after November 20, 2019 shall not exceed RMB 10 million, including but not limited to signing fees, portrait rights commission, real estate, vehicles, stocks, bonds, etc.  For the players who are selected into the national team (subject to the final enrollment list of each match in the World Cup, Asian Cup and World Cup qualifier, Asian Cup qualifier), the above limit is increased to RMB 12 million.

该等限额与《中超俱乐部财务约定指标(2019-2021)》中的约定一致,但对于“薪酬”的范围作了进一步明确,尤其就球员与第三方签署的商业合同采取备案认定机制,旨在防止俱乐部以其他形式支付薪酬,变相突破限额。

These limits are consistent with those stipulated in the Financial Index of CFA Super League Club (2019-2021), but the scope of “remuneration” is further specified.  In particular, a filing and recognition mechanism is adopted for the commercial contracts signed by players and any third party to prevent the club from paying remuneration in other forms and breaking through the limit in disguise.

第三方商业合同认定

Recognition on Commercial Contract with the Third Party

球员与俱乐部以外第三方签署的所有商业合同,需经中国足协或中国足协授权机构进行认定:

All commercial contracts signed by and between players and any third party rather than the club shall be recognized by the CFA or the authorized organization of the CFA:

 

1.     商业代言合同需向中国足协或中国足协授权机构备案;

The commercial endorsement contract shall be filed with the CFA or the authorized organization of the CFA;

2.     球员或俱乐部需提供文件证明商业合同与俱乐部或所代言公司不存在关联关系;

The players or clubs need to provide documents to prove that there is no relationship between the commercial contract and the club or the company they represent;

3.     中国足协或中国足协授权机构成立专项委员会判定商业合同费用是否合理。如不合理,该合同金额将被计入球员薪酬总额。

The CFA or the authorized organization of the CFA shall establish a special committee to determine whether the commercial contract cost is reasonable.  If it is unreasonable, the contract amount will be included in the total remuneration of the players.

外籍球员

Foreign Player

薪酬限额

Remuneration Limit

2020年1月1日之后新签外籍球员薪酬不得超过税后300万欧元(不含奖金),包括但不限于签字费、肖像权、房产、车辆、股票、债券等。

The total after-tax amount (excluding bonus) of remuneration in all contracts newly signed by and between the foreign players and the club after January 1, 2020 shall not exceed Euro 3 million, including but not limited to signing fees, portrait rights commission, real estate, vehicles, stocks, bonds, etc.

首次就外籍球员薪酬设置限额,但并未要求对外籍球员与第三方签署的商业合同进行备案和认定。

It is the first time to set a limit on the remuneration of foreign players, but it does not require the filing and recognition of commercial contracts signed by foreign players and any third party.

U21球员

U21 Player

薪酬限额

Remuneration Limit

1.     2019年11月20日之后中超、中甲、中乙联赛U21球员与俱乐部新签的所有薪酬合同每年税前总额(不含奖金)不得超过30万元人民币,包括但不限于签字费、肖像权、房产、车辆、股票、债券等;

The total annual pre-tax amount (excluding bonus) of remuneration in all contracts newly signed by and between the U21 players and the club after November 20, 2019 shall not exceed RMB 300,000, including but not limited to signing fees, portrait rights commission, real estate, vehicles, stocks, bonds, etc.

2.     中超联赛及足协杯累计出场时间超过900分钟;中甲联赛及足协杯累计出场时间超过1800分钟;中乙联赛及足协杯累计出场时间超过2700分钟的U21球员,可解除U21球员职业合同税前年薪不超过30万人民币的限制(各级别联赛球员出场时间可按比例折算:1:2:3)。

If the cumulative playing time of CFA Super League and FA Cup is more than 900 minutes; if the cumulative playing time of China League and FA Cup is more than 1800 minutes; if the cumulative playing time of China League Two and FA Cup is more than 2700 minutes, the above pre-tax annual remuneration limit of U21 player’s contract is released (the playing time of each level of league can be converted according to the proportion: 1:2:3).

就U21球员设置了较低的薪酬限额且与出场时间挂钩,激励年轻球员的积极表现并鼓励其多多“走出去”。

A lower remuneration limit is set for U21 players, which is linked to the playing time, to motivate the positive performance of young players and encourage them to play in overseas leagues.

 

随着近几年联赛各队的“军备竞赛”,球员的高额薪酬实际上成为俱乐部运营的巨大负担,据报道,某南方豪门球队2018年的成本达到人民币24.3亿,净亏人民币18亿,这其中超高的球员薪酬是最大原因。并且由于薪酬远高于市场平均水平,造成国内球员到海外联赛踢球的动力不足。薪酬限额的设置有利于俱乐部降低运营成本,实现稳定发展,客观上也将促使更多球员(尤其是年轻球员)到海外联赛效力。不过,就现有政策的具体执行而言,仍有需要明确或值得讨论之处:

With the “arms race” of all teams in recent years, the high remuneration of players has actually become a huge burden on the operation of the club.  As reported, the cost of a big team in southern area in 2018 reached RMB 2.43 billion, with a net loss of RMB 1.8 billion, of which the super high remuneration of players is the biggest reason.  And since the amount of remuneration is far higher than the market average level, the motivation of domestic players to play in overseas leagues is insufficient.  The remuneration limit is conducive to the reduction of operating costs and stable development of the club, and will objectively promote more players (especially young players) to play in overseas leagues.  However, in respect of the implementation of the existing policies, there are still certain issues to be clarified or discussed:

 

  1. 入选国家队球员的薪酬限额可以提高至1200万元人民币,但对于以何种时间点判定“入选国家队的球员”尚不明确:

The remuneration limit of the players selected into the national team can be increased to RMB 12 million, but it is not clear when to determine “the players selected into the national team”:

  • 是否以签署工作合同前最近一场比赛的报名名单作为签署工作合同时的认定时间点?

Is the enrollment list of the last competition before signing the work contract taken as the determining time point for the execution of the work contract?

  • 如签署工作合同时尚不是“入选国家队的球员”,但在合同履行期间进入了国家队报名名单,是否需要变更合同调整薪酬?调整的薪酬是否可以回溯至签署工作合同时即适用从而可以补足差额?

If, when signing the work contract, the player is not “the player selected for the national team”, but he/she enters the national team enrollment list during the performance of the contract, does the contract need to be changed to adjust the remuneration? Can the adjusted remuneration be applied back to the time of signing the work contract so as to make up the difference?

  • 如签署工作合同时属于“入选国家队的球员”,但之后合同期限内再未进入国家队报名名单,较高的薪酬限额是否可以在整个合同期限内始终适用?

If, when signing the work contract, the player is “the player selected for the national team” but has never been included in the national team enrollment list during the performance of the contract, can the higher remuneration limit be always applied during the term of the contract?

 

  1. 关于第三方商业合同认定,虽然是出于防范变相突破薪酬限额的良好目的,但实际执行可能并非易事:

As for the recognition of the commercial contracts with the third party, it is for the good purpose of preventing the disguised breach of the remuneration limit, but the actual implementation may not be such easy:

  • 一般合同中都会包含保密条款,与球员合作的公司或品牌出于商业利益可能也会要求对合同内容进行保密,如何解决该等保密义务与备案要求的冲突?如公司或品牌拒绝接受对合同进行备案,是否会影响到球员的正常权益?

Generally one contract will include confidentiality clauses.  The company or brand that cooperates with the player may also require confidentiality of the contract content for commercial interests.  How can the conflict between such confidentiality obligations and filing requirements be solved?  If the company or brand refuses to accept the filing of the contract, will it affect the normal rights and interests of the players?

  • 该条款中要求“球员或俱乐部需提供文件证明商业合同与俱乐部或所代言公司不存在关联关系”,该等表达存在错误,并非证明“商业合同与所代言公司不存在关联关系”,而是要证明“俱乐部与所代言公司不存在关联关系”。“证无”并非易事,球员或俱乐部需提供怎样的文件来进行证明?是否证明俱乐部与所代言公司无股权上的关联关系即可认定为“不存在关联关系”?对于“关联关系”是否有其他认定标准?

This article requires that “the players or clubs need to provide documents to prove that there is no relationship between the commercial contract and the club or the company they represent”.  Such wording seems incorrect.  It is not necessary to prove that there is no relationship between the commercial contract and the company they represent, but to prove that there is no relationship between the club and the company they represent”.  It’s not easy to prove “no relationship”.  What kind of documents shall the players or clubs provide?  Can it be deemed that “there is no relationship” if there is no equity relationship between the club and such company?  Are there any other criteria for “relationship”?

  • 商业合同费用是否合理将由中国足协或中国足协授权机构成立专项委员会进行判定。判定“合理性”的标准是什么?如俱乐部与所代言公司不存在关联关系且商业合同项下有实质的服务内容,即应认定“商业合同费用合理”?

Whether the commercial contract cost is reasonable or not will be determined by a special committee established by the CFA or the authorized organization of the CFA.  What are the criteria for determining “reasonableness”?  If there is no relationship between the club and the company and there is substantial service content under the commercial contract, can it be determined that “the commercial contract cost is reasonable “?

 

  1. 入籍球员由于均视同国内球员注册,理论上应适用国内球员的薪酬限额。然而,入籍球员之所以选择更换国籍,有机会参加国家队层面的国际比赛是一个原因,丰厚的薪酬回报也是不能回避的重要因素。如执行国内球员的薪酬限额,是否会影响入籍球员的合同安排?

As all the naturalized players are registered as domestic players\, theoretically, the remuneration limit of domestic players shall be applied to the naturalized players. However, the reason why the naturalized players choose to change their nationality is that they have the opportunity to participate in the international competition at the national team level, and the high remuneration return is also an important factor that cannot be avoided.  If the remuneration limit of domestic players is implemented for the naturalized players, will the contractual arrangement of naturalized players be affected?

 

  1. 外籍球员薪酬虽然也设置了限额,但并未要求对外籍球员与第三方签署的商业合同进行备案和认定,是否意味着,外籍球员事实上可以通过与第三方签署商业合同的方式,变相突破薪酬限额?

Although the remuneration limit of foreign players is set, it does not require the filing and recognition of the commercial contract signed by and between foreign players and any third party.  Does it mean that the remuneration limit of foreign players can be broken through in disguise by signing the commercial contract with a third party?

 

  1. U21球员的薪酬限额与出场时间挂钩,与上述第1项中所列的问题类似,如设置基于出场时间调整薪酬的机制,调整后的薪酬是否可以回溯至签署工作合同时即适用从而可以补足差额?是否可以在整个合同期限内始终适用?

The U21 player’s remuneration limit is linked to the time of appearance.  Similarly to the questions listed in the item 1 above, if there is a mechanism to adjust the remuneration based on the time of appearance, can the adjusted remuneration be applied back to the signing of the work contract so as to make up the difference? Can the adjusted remuneration be applied at all times throughout the contract term?

 

三、联赛报名政策

  • Policy on Enrollment

 

2020赛季各级联赛的报名政策按如下执行:

The policy on enrollment for each level of league in the Season 2020 will be as follow:

 

联赛

League

首次报名人数(含外援和U21球员)

Number of Initial Enrollment (including foreign players and U21 players)

外援

Foreign Players

首签权U21球员

U21 Players under Right of First Signing

全年累计报名人数

Annual Total Number of Enrollment

中超

CFA Super League

18-30

注册人数最多6人,报名名单中最多5人,每轮比赛18人报名名单中最多5人,每场比赛同时上场最多4人,全年累计注册7人。

Maximum number of registration: 6; maximum number in the enrollment list: 5; maximum number in the enrollment list for each game: 5; maximum number of appearance in each game: 4; total number of registration in the whole year: 7

至少3人

3 at least

不超过40人

No more than 40

中甲

China League

18-30

注册人数最多4人,报名名单中最多3人,每轮比赛18人报名名单中最多3人,每场比赛同时上场最多2人,全年累计注册4人。

Maximum number of registration: 4; maximum number in the enrollment list: 3; maximum number in the enrollment list for each game: 3; maximum number of appearance in each game: 2; total number of registration in the whole year: 4

至少2人

2 at least

不超过40人

No more than 40

中乙

China League Two

18-27

N/A

至少5人(不要求首签权)

5 at least (regardless of the Right of First Signing)

不超过32人

No more than 32

 

与之前的政策相比,中超联赛增加了一名外援上场人数,应是考虑到设置外援薪酬限额后,可能会影响高水平外籍球员到中国联赛踢球的意愿,因此采取的增加联赛观赏性的补救措施。

Compared with the previous policy, the number of appearance in each game of the CFA Super League has increased.  The remuneration limit for foreign players may affect the willingness of high-level foreign players to play in the Chinese leagues, so it may be deemed as a remedial measure to increase the league’s enjoyment.

 

报名政策中另外值得注意的就是要求中超和中甲俱乐部在报名球员中必须包括一定数量的首签权U21球员。根据《中国足协关于调整青少年球员转会与培训补偿标准管理制度的实施意见》及2019年对其的修订,培训单位已按《中国足球协会注册管理规定》为业余球员办理了注册与备案,该培训单位为该业余球员现注册培训单位,且该业余球员已在该培训单位连续注册且代表该培训单位每年报名参加中国足协组织的官方比赛的时间超过四年(含四年),若该培训单位能够与球员签订工作合同,且同时可为球员提供不低于该培训单位所属会员协会地区(城市)上一年度社会平均工资三倍的工资,则该培训单位有权选择与该业余球员签订不长于三年(含三年)的工作合同。前述选择签订工作合同的权利即为“首签权”。该要求意味着中超俱乐部和中甲俱乐部在报名名单中应至少有3名和2名自身培养的青训球员,从政策层面迫使各家俱乐部更加重视青训工作。

In addition, it shall be noted in the enrollment policy that the CFA Super League club and the China League club must include a certain number of U21 players under the Right of First Signing.  According to the Implementation Opinions of CFA on Adjusting the Management System of Transfer and Training Compensation Standard for Young Players and its amendment in 2019, if the training organization has registered and filed one amateur player in accordance with the Regulations of China Football Association on Registration Management, the training organization is the current registered training organization for such amateur player, and such amateur player has been continuously registered and represented such training organization to play in the official competition organized by the CFA for more than four years (inclusive), and if the training organization can sign a work contract with such player and provide the player with a salary not less than three times the social average salary of the previous year in the area (city) where the training organization is located, such training organization has the right to sign with such amateur player a work contract with the term of no longer than three years (inclusive).  The aforesaid right to sign the work contract is the “Right of First Signing”.  This requirement means that there shall be at least 3 and 2 self-trained youth players in the enrollment list of the CFA Super League club and the China League club, which will push all clubs to pay more attention to youth player training from the policy level.

 

四、转会政策

  1. Policy on Player Transfer

 

关于球员转会,2020联赛政策中设置了如下条款:

As for the transfer of players, the following terms are included in the 2020 League Policies:

 

序号

Serial No.

政策

Policy

内容

Content

1

降低引援调节费

Reduction of adjustment fee

国内球员及外籍球员转会引援调节费费用标准保持不变(外籍球员4500万元人民币/人,国内球员2000万元人民币/人),调节费征收由全额收取改为差额收取(即只对转会费超出标准部分征收调节税)。

The adjustment fee threshold for transfer of domestic players and foreign players keeps unchanged (RMB 45 million for each foreign player and RMB 20 million yuan for each domestic player).  The adjustment fee will be charged based on the difference amount exceeding the threshold instead of the full transfer fee.

2

U21球员转会无限制

No number limit for U21 players’ transfer

保留5个无年龄段限制球员名额,放开U21球员转会的人数限制。

Only 5 players without age limit can be transferred to one club in one season and there is no number limit of transfer of U21 players.

3

不占用转会名额的例外情况

Exceptions to open transfer quota

俱乐部转出球员再次转回该俱乐部时,以下三种球员不占用5人转会名额:(1) 转会到国际足联其他会员协会注册俱乐部的球员;(2) 本俱乐部 U21 转出球员;(3) 本俱乐部拥有过首签权的球员。

When one player who transferred out of a club will transfer back to such club, the following three types of players do not fall into the transfer quota: (1) the players who transferred to the club in other FIFA member associations; (2) the U21 players who transferred out of such club; (3) the players with whom the club has the Right of First Signing.

 

上述政策降低了俱乐部的转会成本,进一步增加了年轻球员转会流动性,并且在不占用转会名额的优惠政策下,也会鼓励更多俱乐部把球员“送出去”。

The above policy reduces the transfer cost of the club and further increases the transfer liquidity of youth players.  In addition, under the preferential policy of opening transfer quota, it will encourage more clubs to allow the transfer of players to other overseas leagues.

 

五、年轻球员发展政策

  1. Policy on Youth Player Development

 

从上述一至四项的政策中可以看到,推动各俱乐部更加重视青训,增加年轻球员比赛机会是2020联赛政策的重要目的之一。除了上述已经提及的政策外,2020联赛政策中还有如下助推年轻球员发展的举措:

From the above four policies, it can be seen that promoting clubs to pay more attention to youth training and increasing the competition opportunities of youth players is one of the important purposes of the 2020 League Policies.  In addition to the above-mentioned policies, there are also the following measures to promote the development of youth players in the 2020 League Policies:

 

序号

Serial No.

政策

Policy

内容

Content

1

U21球员报名

U21 Players Enrollment

2020赛季,各中超、中甲、中乙俱乐部可以在每轮联赛18人大名单中,报名1-2名与俱乐部签署职业合同但未报名中超、中甲、中乙联赛的U21球员。

In the Seasn 2020, each CFA Super League, China League and China League Two club can enroll 1-2 U21 players who sign professional contracts with the club but are not in the league enrollment list in the list of 18 players for each game.

2

年轻球员出场名额

Number of Youth Players Appearance

(1)   中超、中甲联赛每队每场比赛至少保持1名U23球员在场上。

For the CFA Super League and China League, at least one U23 player must be kept by each club on the court in each game;

(2)   中乙联赛每队每场比赛至少保持1名U21球员在场上。

For the China League Two, at least one U21 player must be kept by each club on the court in each game;

(3)   中超、中甲俱乐部一线队报名球员中,入选国家队、U23 国家队名单的 U23 球员,在球员集训和比赛期间,球员所属俱乐部可享受 U23 减免政策。

If any U23 player of the first team of any CFA Super League or China League club is selected into the list of the national team or U23 national team, such club can enjoy the U23 exemption policy during the period of training and competition of such player in the national team or U23 national team.

3

U23联赛

U23 League

成立赛会制的中超、中甲、中乙 U23 联赛。中超、中乙俱乐部自愿报名参加,中甲俱乐部必须参加。U23 联赛参赛球队,每场比赛 23 岁及以上球员最多上场 3 人,出场的 23 岁以上球员必须在一线队报名。U23 联赛参赛球队,每队允许报名最多 5 名 17 岁-19 岁球员。符合年龄及出场要求的一线队球员可随时参加U23 联赛。

To set up the U23 league under the tournament system among the CFA Super League, China League and China League Two clubs.  The CFA Super League and China League Two clubs may attend the tournament voluntarily and the Chinese League club must attend.  For the U23 league teams, no more than 3 players aged 23 and above are allowed to play in each game and those players aged 23 and above must be enrolled in the first team.  Each U23 league team is allowed to enroll up to 5 players aged 17-19.  First team players who meet the age and appearance requirements can attend the U23 league at any time.

 

结语

Conclusion

 

综合来看,2020联赛政策希望能够在控制俱乐部运营成本、保障联赛公平性和增加年轻球员比赛机会方面发挥积极作用,但仍存在不少执行层面需要解决和澄清的问题。中国足协在文件中提及,“中国足协将会同相关部门、专业机构、国外专家及俱乐部代表共同制定后续监管办法及实施细则,于赛季开始前另行发布。”1月9日,中国足协在上海举行职业联赛政策研讨会和圆桌论坛,与会专家对2020联赛政策做进一步解读,探讨完善各项联赛规定和监管措施,同时听取中超、中甲俱乐部意见。期待能够在赛季开始前看到更完备的监管办法及实施细则,为新赛季职业联赛的发展助力。

Generally speaking, the 2020 League Policies are expected to play an active role in controlling the club’s operating costs, ensuring the fairness of the leagues and increasing the competition opportunities of youth players.  However, there are still certain issues to be solved and clarified during its implementation.  The CFA mentioned in the 2020 League Policies that “CFA will work with relevant departments, professional institutions, foreign experts and club representatives to formulate follow-up regulatory measures and implementation rules, which will be issued before the start of the season”.  On January 9, The CFA held a policy seminar and round table forum on professional leagues in Shanghai, where the experts further interpreted the 2020 League Policies, discussed and improved various league rules and regulatory measures, and obtained the opinions of the CFA Super League and China League clubs.  We look forward to seeing more complete regulatory measures and implementation rules before the start of the season to help the development of the professional leagues in the new season.