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THE PRIME MINISTER OF GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No:
32/2003/QD-TTg
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Hanoi, February 27, 2003
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DECISION
PROMULGATING THE REGULATION ON BUSINESS IN
PRIZE-WINNING ELECTRONIC GAMES FOR FOREIGNERS
THE PRIME MINISTER
Pursuant to the Law on Organization of the
Government of December 25, 2001;
Pursuant to the 1996 Law on Foreign Investment in Vietnam, the 2000 Law
amending and supplementing a number of articles of the Law on Foreign Investment
in Vietnam and the Government's Decree No. 24/2000/ND-CP of July 31, 2000
detailing the implementation of the Law on Foreign Investment in Vietnam;
Pursuant to the June 22, 1994 Law on Domestic Investment Promotion, the May 20,
1998 Law amending and supplementing the Law on Domestic Investment Promotion;
and the June 12, 1999 Law on Enterprises;
At the proposal of the Minister of Planning and Investment,
DECIDES:
Article 1.- To promulgate together with this Decision the
Regulation on business in prize-wining electronic games for foreigners.
Article 2.- This Decision takes effect 15 days after it is
published on the Official Gazette.
Article 3.- The ministers, the heads of the
ministerial-level agencies, the heads of agencies attached to the Government,
the presidents of the provincial/municipal People's Committees and concerned
units shall have to implement this Decision.
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PRIME MINISTER
Phan Van Khai
REGULATION
ON
BUSINESS IN PRIZE-WINNING ELECTRONIC GAMES FOR FOREIGNERS
(Issued together with Decision No. 32/2003/QD-TTg of February 27,
2003 of the Prime Minister)
Chapter I
GENERAL PROVISION
Article 1.- Definition of the prize-winning electronic game
business:
The prize-winning electronic game business means
the provision of services by enterprises for the play of games between people
and electronic machines used for the games and set up with automatic
prize-awarding programs (hereinafter referred to as prize-wining games for
short).
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1. This Regulation shall apply to prize-winning
electronic game business activities of enterprises set up under Vietnamese
laws.
2. All business forms which are contrary to the
definition in Article 1 shall not be governed by this Regulation.
Article 3.- Interpretation of terms:
In this Regulation, the following phrases shall
be construed as follows:
- "Prize-winning recreation and
entertainment spots for foreigners" mean the spaces arranged with
electronic machines used for the games and other equipment in service of
players (hereinafter referred to as recreation spots).
- "Prize-awarding percentages" mean
the percentages between the prize money received by the players and the amounts
they use for the games.
- "Money" comprises coins, banknotes
and assorted conventional money (called collectively to as counter) having a
certain par value against Vietnamese currency.
Chapter
II
CONDITIONS ON PRIZE-WINNING ELECTRONIC GAME BUSINESS ACTIVITIES
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Enterprises wishing to conduct prize-winning
electronic game business activities shall have to submit dossiers of
application for permission to the Ministry of Planning and Investment and shall
be allowed to conduct prize-winning electronic game business activities only after
they are granted investment licenses (for foreign-invested enterprises) or
business registration certificates (for domestic enterprises). For
foreign-invested enterprises, the investment licenses shall also be as valid as
business registration certificates.
Article 5.- General conditions for being granted permits:
1. The provision of prize-winning electronic
games is a conditional business, which is not encouraged for development.
2. The investment licenses and business
registration certificates (hereinafter referred collectively to as permits) for
prize-winning electronic games shall only be considered for granting to
enterprises meeting one of the following conditions:
- Enterprises engaged in hotel business in
localities where large numbers of foreigners (tourists, investors') regularly
stay, where exist hotels of 4-star or higher grades (for Hanoi and Ho Chi Minh
City) or 3-star or higher grades (for other localities frequented by many
foreign tourists) and have areas used exclusively as recreation and
entertainment spots.
- Enterprises dealing in recreation and
entertainment areas and tourist sites of large scale, having exclusive areas
for use as recreation and entertainment spots suitable to the local conditions,
and being proposed by the People's Committees of the provinces or centrally-run
cities.
3. Enterprises, which have been granted permits
for prize-winning electronic game activities before the issuance of this
Regulation, shall be allowed to continue their business activities without
having to carrying out procedures of application for the re-granting thereof.
4. Permits shall not be granted to enterprises
to merely do business in prize-winning electronic games.
Article 6.- Specific conditions for enterprises to be
considered for the granting of permits:
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- Having security forces and equipment so as to
be able to ensure the absolute security and safety in the recreation spots as
well as areas managed by the enterprises.
- Having counters for checking passports,
laissez-passers and other papers of laissez-passers’ value of players before
they enter recreation spots.
- Having conventional money (counters) produced
on the enterprises' order and registered at the Finance Services and police
departments of the provinces or cities where the enterprises are allowed to do
business in prize-winning games.
- The electronic equipment used for players must
be of good quality, ensuring that there is no error as compared to the programs
already set up. The prize-awarding percentages set up in the machines must be
registered with the provincial/municipal Finance Services of the localities
where the enterprises are allowed to do business in prize-wining games.
Article 7.- Subjects allowed to participate in prize-winning
electronic games at recreation spots:
Subjects allowed to participate in prize-winning
electronic games at recreation spots shall include only foreigners and overseas
Vietnamese (hereinafter referred collectively to as players), who voluntarily
abide by this Regulation as well as provisions and internal rules of the
recreation spots.
Other subjects are strictly prohibited to
participate in prize-winning electronic games in any forms.
Article 8.- Subjects allowed to enter and leave recreation
spots:
- Players defined in Article 7 of this
Regulation.
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- Officials of State management agencies when
they are assigned by competent bodies the tasks of inspecting, examining and
supervising the operation of recreation spots.
Article 9.- Security guards of recreation spots shall have
the rights to:
- Prohibit people other than subjects defined in
Article 8 of this Regulation to enter recreation spots.
- Isolate and take out of recreation spots
subjects detected as having committed deceitful acts, employed fraudulent
tricks or carried out illegal or disturbing activities.
- Not to allow drunkards or mental disease
patients to enter recreation spots.
Article 10.- Rights and obligations of subjects allowed to
enter recreation spots:
All subjects other than the managerial,
administrative and security staff of recreation spots, before entering
recreation spots, shall have to deposit weapons, video cameras, cameras and
sound recorders at the luggage-keeping rooms and produce their passports,
laissez-passers or papers issued by competent agencies certifying that they are
performing official duties related to the inspection, examination and
supervision thereof at the checking counters.
Article 11.- Operation duration:
Recreation spots shall be allowed to operate all
days in the year.
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The prize-winning electronic games shall be
liable to special consumption tax. Enterprises providing prize-winning
electronic games shall pay special consumption tax, enterprise income tax and
other taxes under the Finance Ministry's guidance.
The Ministry of Finance shall specify the
financial regime, reward regime and assorted taxes applicable to these service
business activities.
Chapter
III
STATE MANAGEMENT
Article 13.- Appraisal and granting of investment licenses
and business registration certificates:
The State shall exercise the uniform management
over the granting of investment licenses and business registration certificates
for prize-winning electronic game business activities; the Ministry of Planning
and Investment shall be the agency in charge of appraising and submitting
projects on prize-winning electronic game business to the Prime Minister for
consideration and decision on the granting of investment licenses or business
registration certificates therefor.
The prize-winning electronic games business
activities are sensitive and only constitute a business operation supplemented
to the main business operations of enterprises, therefore, the number of
licensed units must be limited.
Article 14.- State management over the prize-winning game
business activities:
The presidents of the provincial-level People's
Committees shall assume the prime responsibility and coordinate with concerned
ministries and branches in strictly managing the prize-winning electronic game
business activities of enterprises located in their respective localities.
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The inspection and examination of prize-winning
game business activities shall comply with the following stipulations:
1. The regular and specialized inspection shall
be carried out no more than once a year in an enterprise; each drive shall not
exceed 7 days. The functional agencies shall have to draw up and send plans on
regular and specialized inspection to the Ministry of Planning and Investment
and the People's Committees of the provinces and centrally-run cities where
recreation spots exist for coordinated implementation. The decision on the
inspection of an enterprise shall be sent to that enterprise at least 7 days
before the inspection.
2. Irregular inspection and examination: When
enterprises show signs of violating this Regulation or Vietnamese laws, the
presidents of the provincial/municipal People's Committees or the ministers of
specialized management ministries shall issue decisions on irregular inspection
and/or examination of these enterprises.
3. If enterprises breach Article 7 of this
Regulation, they shall be immediately suspended from business activities and
handled according to law provisions.
4. Those who issue inspection and/or examination
decisions in contravention of law provisions or abuse the inspection and/or
examination to seek their own benefits or harass enterprises for bribes shall,
depending on the seriousness of their violations, be disciplined or examined
for penal liability; if damage is caused, compensation therefor must be made
according to law provisions.
Enterprises may lodge complaints and initiate
lawsuits against unlawful decisions and acts of State officials and employees
according to the law provisions on complaints and denunciation.
Chapter
IV
IMPLEMENTATION PROVISIONS
Article 16.- Enterprises licensed to deal in prize-winning
electronic games shall base themselves on this Regulation to draw up internal
management rules of their own recreation spots, which clearly specify personnel
and financial management, security assurance, measures of settling the
relationships between players and enterprises as well as managers of recreation
spots'
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Article 18.- The Ministry of Planning and Investment shall
coordinate with the provincial-level People's Committees, the Ministry of
Culture and Information, the Ministry of Finance, the Ministry of Public
Security, the Ministry of Trade and the Tourism Administration in guiding,
inspecting and supervising the observance of this Regulation by recreation
spots and timely settle problems for enterprises. Enterprises dealing in
prize-winning electronic games are obligated to observe this Regulation and
create favorable conditions for State management agencies in the process of
inspecting and supervising their activities, and be subject to such inspection
and supervision.
Article 19.- Should any problems arise in the course of
implementation, the Ministry of Planning and Investment shall coordinate with
concerned agencies in summing-up and submitting opinions to the Prime Minister
for consideration of, and decision on, amendment and supplementation.
PRIME MINISTER
Phan Van Khai