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THE GOVERNMENT
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|
SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 86/2013/ND-CP
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Hanoi, July 29, 2013
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DECREE
ON THE BUSINESS OF PRIZE-WINNING
ELECTRONIC GAMES FOR FOREIGNERS
Pursuant
to the December 25, 2001 Law on Organization of the Government;
Pursuant
to the November 29, 2005 Law on Enterprises;
Pursuant
to the November 29, 2005 Law on Investment;
Pursuant
to the June 20, 2012 Law on Handling of Administrative Violations;
To
implement the National Assembly Standing Committee’s Official Letter No.
257/UBTVQH13-TCNS of October 27, 2012, on the promulgation of a decree on
prize-winning electronic games for foreigners;
At
the proposal of the Minister of Finance,
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Chapter I
GENERAL
PROVISIONS
Article 1. Scope of regulation and subjects of application
1.
Scope of regulation
This
Decree provides the business of prize-winning electronic games for foreigners,
management of the business and sanctioning of administrative violations in the
business in the territory of the Socialist Republic of Vietnam.
2.
Subjects of application
a/
Enterprises engaged in the business of prize-winning electronic games for
foreigners;
b/
Persons eligible for playing these games and persons permitted to enter
facilities for doing the business of prize-winning electronic games for
foreigners;
c/
State management agencies with the functions related to the licensing, management,
supervision, examination and inspection of the business of prize-winning
electronic games for foreigners, and to the sanctioning of administrative
violations in this business;
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Article 2. Interpretation of terms
In
this Decree, the terms and expressions below are construed as follows:
1.
“Prize-winning electronic games” means games of chance played on prize-winning
electronic game machines by players who pay money and may win monetary prizes.
2.
“Business of prize-winning electronic games for foreigners” means a conditional
business of providing prize-winning games on prize-winning electronic game
machines which is licensed by competent state management agencies.
3.
“Prize-winning electronic game machine” means a special-use electronic device
permitted for use in the business under this Decree for prize-winning games
installed therein. The playing process between players and machines is entirely
automatic.
4.
“Slot machine” means a prize-winning electronic game machine with 3 or more
reels on a screen for determining a prize win on a random combination of
symbols which stop after each time of spinning and with a fixed payout
percentage programmed in the machine.
5.
“Facility for doing the business of prize-winning electronic games for
foreigners” (below referred to as business facility) is a room or a number of
rooms in a place licensed by a competent state management agency for the
business of prize-winning electronic games under this Decree.
6.
“Player” means a person eligible for playing prize-winning electronic games at
business facilities as defined in Article 9 of this Decree.
7.
“Payout percentage” means an average percentage at which winnings are paid out
to slot machine players during a certain period of time or on a certain number
of spins as designed and set by the manufacturer in a slot machine, or the
return-on-bet ratio for other prize-winning electronic games stated in the game
rules.
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9.
“Token” means a coin or card used instead of money to serve the organization of
prize-winning electronic games and valid for use only within a business
facility.
Article 3. Principles of the business of prize-winning electronic games
1.
The business of prize-winning electronic games is a conditional business
subject to strict control by competent state management agencies to assure this
business compliant with law.
2.
The business of prize-winning electronic games must be associated with main
business lines of enterprises in order to promote the development of tourism
and ensure security and social order and safety.
3.
The organization of and participation in prize-winning electronic games must be
transparent, objective and honest, and protect the rights and interests of
participants.
4. Organizations
and individuals involved in the organization of and participation in
prize-winning electronic games shall fully comply with this Decree and other
relevant laws.
Article 4. Prohibited acts
1.
Conducting the business of prize-winning electronic games without business
eligibility certificates.
2.
Conducting the business of prize-winning electronic games at variance with
contents of business eligibility certificates.
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4.
Conducting the business of prize-winning electronic games during the period of
being deprived of the right to use business eligibility certificates or being
suspended from doing the business under decisions of competent state management
agencies.
5.
Letting persons not defined in Article 11 of this Decree enter business
facilities in any form and for any reason.
6.
Permitting or organizing direct betting between players based on results of
prize-winning electronic games at business facilities.
7.
Cheating in the course of organizing or participating in prize-winning
electronic games at business facilities.
8.
Committing acts affecting security, social order and safety at business
facilities.
9.
Illegally transferring, leasing or lending places for organizing the business
of prize-winning electronic games.
10.
Illegally organizing and providing prize-winning electronic games via computer
and telecommunications networks and the Internet.
11.
Taking advantage of the business of prize-winning electronic games to smuggle
and transport foreign currencies, gold, silver, gems and precious metals, or
conduct money laundering in any form.
12.
Certifying false prize money amounts, giving untruthful certification or ultra
vires or causing difficulties to players without plausible reasons when giving
certification.
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Chapter II
ORGANIZATION
OF PRIZE-WINNING ELECTRONIC GAME BUSINESS
Article 5. Business facilities
1. An
enterprise engaged in the business of prize-winning electronic games (below
referred to as enterprises) may only organize prize-winning electronic games at
a sole business facility stated in the business eligibility certificate.
2. A
business facility must be located separately from other business areas of the
enterprise and fully satisfy the following conditions:
a/
Having separate entrance and exit doors;
b/
Having electronic equipment and cameras for constant monitoring and surveillance
of all activities in the facility (24/24h). All footages must be fully
preserved for at least between 15 and 30 days from the date of recording
depending on each position in the facility. In case of necessity, the
preservation duration may be longer at the request of competent state
management agencies;
c/
Having security guards fully equipped for protection, fire and explosion
prevention and fighting and emergency exits to assure security and safety in
accordance with relevant laws.
d/
Posting up fully internal rules on entrance in Vietnamese, English and other
foreign languages (if any) at easy-to-spot positions at the entrance and exit
doors of the facility.
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1.
The permitted business operation time of an enterprise is all days in a year,
excluding days on which business operation is banned under decisions of
competent state management agencies.
2. An
enterprise may suspend its business to meet its management requirements. At
least fifteen (15) working days before the time of business suspension, the
enterprise shall notify such in writing to the business registry office,
provincial-level Finance Department, Culture, Sports and Tourism Department,
and Tax Department. Such a notice must clearly state the time of business
suspension, reason for suspension and expected time of business resumption. In
case of changing the expected time of business resumption, the enterprise shall
notify the change in writing to these agencies. The enterprise shall post up
the notice at its business facility at least 24 hours before the time of
business suspension.
3. In
case a state management agency requests business suspension, the enterprise
shall notify players of the time of business suspension immediately after the
state management agency announces the decision to request business suspension.
Article 7. Number, types and categories of prize-winning electronic
games
1.
The number of prize-winning electronic machines specified in the business
eligibility certificate is based on the total number of accommodation rooms in
the accommodation establishment. For every 5 accommodation rooms, the
enterprise may operate only one prize-winning electronic game machine.
2.
Enterprises engaged in the business of prize-winning electronic games may
operate types of machine and types of games on prize-wining electronic game
machines under regulations of the Ministry of Finance.
Article 8. Game rules
1.
When putting prize-winning electronic games into business, enterprises shall
elaborate game rules suitable to gaming methods, payout percentage and
particular designs of each type of machine and send them to the Ministry of
Finance, provincial-level Finance Departments and Tax Departments for
monitoring. Game rules must be conformable with law and fully show the
following principal details:
a/
Description and interpretation of terms of prize-winning electronic games;
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c/
Playing methods;
d/
Payout percentage;
dd/
Way of determining a win;
e/ Handling
of unexpected problems;
g/
Other contents according to management requirements.
2.
Enterprises shall post up and issue leaflets publicizing game rules at their
business facilities.
3.
When changing any content of game rules, within five (5) working days after the
date of change, an enterprise shall send a written revised or replaced game
rules to the Ministry of Finance and provincial-level Finance Department and
Tax Department and a document clearly indicating revised or replaced articles
or clauses and reasons for revision or replacement. At the same time, the
enterprise shall publicly post up the revised or replaced game rules at its
business facility.
4. In
case a state management agency detects that game rules contain details which
are unclear, invalid or incompliant with law, within five (5) working days
after the Ministry of Finance issues an official letter requesting and guiding
the change of game rules, the enterprise concerned shall revise the game rules
to be compliant with law and send them to the Ministry of Finance and
provincial-level Finance Department and Tax Department for monitoring.
Article 9. Persons eligible for playing games at business facilities
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2.
Persons defined in Clause 1 of this Article must be those who have full civil
act capacity in accordance with Vietnamese law and willingly observe game rules
and the provisions of this Decree.
Article 10. Rights and obligations of players
1.
Players have the following rights:
a/ To
get their wins certified and fully paid out by enterprises;
b/ To
receive and remit or bring prize money in foreign currencies abroad under Vietnam’s
law on foreign exchange management and the guidance of the State Bank of
Vietnam;
c/ To
request enterprises to keep secret information on prize winning and receipt;
d/ To
file complaints or lawsuits against enterprises about prize payout results; to
denounce cheatings and violations of this Decree and law;
dd/
To enjoy other lawful benefits stated in the game rules announced by
enterprises.
2.
Players have the following obligations:
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b/ To
observe game rules and relevant internal rules and management regulations of
enterprises, and fulfill the tax obligation toward the State in accordance with
law;
c/
Not to use results of prize-winning electronic games at business facilities for
betting directly among them;
d/
Not to cause insecurity, social disorder and unsafety at business facilities;
dd/
To strictly observe other relevant provisions of law.
Article 11. Persons permitted to enter and leave business facilities
1.
The persons eligible for playing games defined in Article 9 of this Decree.
2.
Employees and staff members of enterprises who are permitted to enter and leave
business facilities to work as assigned by enterprises. Enterprises shall make
and announce updated lists of their employees and staff members permitted to
enter for work and leave their business facilities.
3.
Cadres and civil servants of competent state management agencies who are
assigned to conduct examination and inspection of enterprises in accordance
with law.
4.
The persons specified in Clauses 2 and 3 of this Article may enter business
facilities to perform their relevant tasks as assigned and are strictly
prohibited from entering business facilities to play prize-winning electronic games.
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Article 12. Management of tokens
1.
Tokens of each enterprise must bear separate marks or signs for identification
and fully satisfy the technical conditions prescribed by state management
agencies. The par value of tokens may be nominated in Vietnam dong or a freely
convertible foreign currency. The conversion of foreign-currency par value of
tokens complies with the guidance of the State Bank of Vietnam. Enterprises may
not use tokens of other enterprises for their business.
2.
Enterprises shall strictly manage their tokens under the guidance of the
Ministry of Finance, thereby determining their turnover, and register token
models, quantity and types with the Ministry of Finance and local tax offices
directly managing them for monitoring and management.
3. In
case of changing token models, quantity and types, within five (5) working days
after the change, an enterprise shall re-register it with the provincial-level
Finance Department and tax offices directly managing them.
Article 13. Management of gaming equipment
1.
Prize-winning electronic game machines used at business facilities must conform
with the number, types and categories of prize-winning electronic games in
which enterprises are licensed to conduct business and fully satisfy the
technical conditions prescribed in this Decree.
2.
Prize-winning electronic game machines (domestically purchased or imported) for
use at business facilities must be brand new and manufactured by manufacturers
or suppliers inspected and certified by an independent organization with the
inspection function that their products conform with technical conditions
announced or promulgated by the Ministry of Finance.
3. An
enterprise shall keep a book for management of prize-winning electronic game
machines which contains the following basic details:
a/
Quantity, types and categories of prize-winning electronic games;
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c/
Origin, marks and signs (serial numbers) of machines;
d/
Year of manufacture;
dd/
Year of end of lifetime (if any);
e/
Installed software;
g/
Date of purchase;
h/
Date of re-export or destruction;
i/
Value of machines;
k/
Serial numbers of inspection certificates and name of the inspection
organization.
Article 14. Purchase, re-export and destruction of tokens and gaming
equipment
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The
import of tokens and prize-winning electronic game machines complies with
relevant regulations on import and export.
2.
Enterprises may only purchase prize-winning electronic game machines not
exceeding the licensed quantity and conforming to technical conditions
promulgated by state management agencies.
3.
The Ministry of Finance shall specifically guide enterprises eligible for
purchase and the management and use of spare parts of prize-winning electronic
game machines for replacement when necessary. The quantity of spare parts must
not exceed 10% of total parts of prize-winning electronic game machines
licensed for business.
4.
Within thirty (30) days, an enterprise shall re-export or destroy its tokens or
prize-winning electronic game machines in the following cases:
a/ It
willingly terminates its business operation, is dissolved, falls bankrupt or
has its business eligibility certificate revoked;
b/
The lifetime of its prize-winning electronic game machines or tokens as set by
manufacturers expires, or these machines or tokens are irreparably damaged and
can no longer be used for normal operation;
c/
Its prize-winning electronic game machines and tokens are no longer used for
its business operation for they no longer meet its business needs or when it
needs to renew or replace these machines and tokens to suit its practical
business operation.
5.
The destruction of prize-winning electronic game machines and tokens must be
witnessed and certified in writing by representatives of the provincial-level
Finance Department; Culture, Sports and Tourism Department and tax office
directly managing the enterprise. The re-export complies with relevant current
regulations.
6. In
the course of use, if prize-winning electronic game machines are broken or need
regular maintenance, the enterprise may conduct maintenance or repair but may
not alter the payout percentage. If the maintenance or repair of prize-winning
electronic game machines involves parts which change the payout percentage, the
enterprise may hire an inspection organization on the list announced by a
competent state management agency and licensed to provide inspection services
to inspect such machines before putting them into use.
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1. An
enterprise shall elaborate and promulgate a regulation on internal management
in its business facility. Such an internal management regulation must contain
the following principal provisions:
a/
Provisions on management of the business facility, including opening time and
closing time; control of persons entering and leaving the facility; measures to
maintain security, social order and safety;
b/
Provisions on management of employees working in the business facility,
including persons working in and managing the business facility; responsibilities
and obligations of each section or working position;
c/
Provisions on financial mechanism and process of managing tokens;
d/
Provisions on the process of managing, maintaining and repairing prize-winning
electronic machines and other gaming equipment;
dd/
Provisions on methods of handling the relationship between players and players,
between players and the enterprise, and between players and employees of the
enterprise, clearly stating methods of settling arising disputes on the basis
of relevant laws;
e/
Other provisions compliant with Vietnamese law to serve the management of the
enterprise.
2. An
enterprise shall establish an internal control section; specify in writing its
functions, tasks and powers and may organize the business of prize-winning electronic
games only after completing the above contents in order to control the
observance of its internal management regulation, this Decree and provisions of
law applicable to enterprises.
3. An
enterprise may organize the business of prize-winning electronic games only
after sending its internal management regulation to the business registry
office, provincial-level Finance Department; Culture, Sports and Tourism
Department; Police Department; and Tax Department of the locality where it
locates its business facility. In case of revising or replacing its internal
management regulation, the enterprise shall, within five (5) working days from
the date of revision or replacement, send the updated regulation to the above
agencies.
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1.
Enterprises shall elaborate and issue their internal regulations on anti-money
laundering in accordance with the Law on Anti-Money Laundering and guiding
documents.
2. An
enterprise may organize the business of prize-winning electronic games only
after sending its internal regulation on anti-money laundering to the business
registry office, provincial-level Finance Department; Culture, Sports and
Tourism Department; Police Department; and Tax Department of the locality where
it locates its business facility; the Ministry of Finance and the State Bank of
Vietnam. In case of revising or replacing its internal regulation on anti-money
laundering, the enterprise shall, within five (5) working days from the date of
revision or replacement, send the updated regulation to the above agencies.
Article 17. Management of payment and foreign exchange
1.
Enterprises may accept the use of Vietnam dong, foreign-currency cash and
credit cards of players for exchange into tokens for playing prize-winning
electronic games. The collection and payment of foreign-currency amounts by
enterprises are permitted after they are licensed by the State Bank of Vietnam
in accordance with the law on foreign exchange management.
2.
Enterprises may collect cash amounts in foreign currencies from their business
of prize-winning electronic games and use these cash amounts to pay out prizes
to winning players and for other foreign exchange activities after being licensed
by the State Bank of Vietnam.
Article 18. Rights and obligations of enterprises
1.
Enterprises engaged in the business of prize-winning electronic games have the
following rights:
a/ To
organize the business of prize-winning electronic games of types and categories
specified in their business eligibility certificates and this Decree;
b/ To
refuse any persons who are not permitted to enter, leave and play in their
business facilities;
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d/ To
sign contracts to hire managers. The hiring of managers and payment of
management expenses comply with law and these expenses must not exceed the
maximum level prescribed by the Ministry of Finance.
2.
Enterprises engaged in the business of prize-winning electronic games have the
following obligations:
a/ To
comply with regulations on the business of prize-winning electronic games;
b/ To
appoint managers of their business facilities on the lists registered in their
dossiers of application of business eligibility certificates. In case of
change, to appoint managers who fully satisfy the criteria and conditions
prescribed by law and notify such in writing to the Ministry of Finance and
provincial-level Finance Departments and Tax Departments of localities where
they organize their business, for monitoring;
c/ To
organize types of games according to the game rules announced to players;
d/ To
pay out fully and promptly prizes to winning players. To certify winnings paid
out at the request of players;
dd/
To settle disputes and complaints of players according to the game rules and
law;
e/ To
fulfill tax obligations and fully comply with other relevant regulations during
business operation;
g/ To
take anti-money laundering measures in accordance with law;
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i/ To
keep secret prize-winning information at the request of players, except
information provided to competent state management agencies to serve
examination, inspection and supervision activities in accordance with law;
k/ To
take responsibility directly before Vietnamese law for all activities of their
prize-winning electronic game business.
Chapter III
CONDITIONS,
ORDER AND PROCEDURES FOR GRANT OF CERTIFICATES OF ELIGIBILITY FOR BUSINESS OF
PRIZE-WINNING ELECTRONIC GAMES
Article 19. Conditions for grant of business eligibility certificates
1. Enterprises
may be considered for grant of certificates of eligibility for the business of
prize-winning electronic games only after being licensed by a competent agency
for establishment and business operation of tourist accommodation
establishments in accordance with the Investment Law and Enterprise Law.
2.
When organizing the business of prize-winning electronic games, an enterprise
mentioned in Clause 1 of this Article shall apply for a business eligibility
certificate.
3. Conditions
for grant of a business eligibility certificate include:
a/
Having a tourist accommodation establishment of five-star class or high or
superior class as ranked by a competent state management agency in accordance
with the Law on Tourism and guiding documents;
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c/
Having managers who have good ethical quality and professional qualifications
of university or higher level; have worked for at least 3 years in the
management of prize-winning electronic games; and are not banned from
establishing and managing enterprises as prescribed in the Enterprise Law and
the Government’s Decree No. 72/2009/ND-CP of September 3, 2009, prescribing the
security and order conditions on a number of conditional business lines, and
guiding, replacing or revising documents (if any);
d/
Fully satisfying the security and order conditions on conditional business
lines prescribed in the Government’s Decree No. 72/2009/ND-CP of September 30,
2009, prescribing the security and order conditions on a number of conditional
business lines, and guiding, replacing or revising documents (if any);
dd/
Having sufficient financial capability; earning profits and having no accumulated
loss in the fiscal year preceding the year of submission of a dossier of
application for a business eligibility certificate;
e/
Having an effective plan on business of prize-winning electronic games and
ensuring security, social order and safety in accordance with law.
4. A
tourist accommodation establishment may be considered for grant of only one (1)
business eligibility certificate and such business eligibility certificate may
only be granted to the enterprise owning such establishment.
Article 20. Dossiers of application for business eligibility
certificates
A
dossier of application for a business eligibility certificate comprises the
following documents:
1. An
application for a business eligibility certificate.
2. A
certified copy of the investment certificate or enterprise registration
certificate granted by a competent state management agency in accordance with
the Investment Law and Enterprise Law.
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4.
Documents proving the number of accommodation rooms of the tourist
accommodation establishment already put into business.
5.
The site plan of the business facility.
6.
The audited financial statement of the fiscal year preceding the year of
submission of the dossier of application.
7. A
copy of the certificate of satisfaction of security and order conditions
granted by a competent police office to the tourist accommodation
establishment.
8.
Draft regulation on internal management, organization of the internal control
section, internal regulations on anti-money laundering, and game rules.
9. A
business plan, containing the following principal details: objectives, number,
types and categories of prize-winning electronic games, evaluation of business
efficiency, estimated needs for foreign currency collection and spending,
measures to assure security, social order and safety of the business facility,
and the plan on implementation of this business plan.
10. A
list, curricula vitae and copies of diplomas certified by competent state
agencies proving professional qualifications of managers and executive
officers.
Article 21. Order and procedures for grant of business eligibility
certificates
1. An
enterprise shall submit one (1) dossier set of application for a business
eligibility certificate to the Ministry of Finance for examining the
completeness and validity of the dossier. Within fifteen (15) days after
receiving a dossier, the Ministry of Finance shall notify whether the dossier
is complete and valid and request the enterprise to add documents (if any) and
send six (6) official dossier sets for appraisal.
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In
case of refusal to grant a business eligibility certificate, the Ministry of
Finance shall notify such in writing to the enterprise, clearly stating the
reason.
3.
Order and procedures for appraisal of a dossier:
a/
Within fifteen (15) days after receiving a valid dossier, the Ministry of
Finance shall send a written request for opinions of related agencies,
including the Ministry of Public Security, the Ministry of Culture, Sports and
Tourism, the Ministry of Planning and Investment, the State Bank of Vietnam and
provincial-level People’s Committee of the locality where the enterprise wishes
to organize the business of prize-winning electronic games;
b/
Within fifteen (15) days after receiving the written request for opinions,
requested agencies shall send their written opinions to the Ministry of Finance
and take responsibility for their opinions;
c/
After receiving all opinions of related agencies, the Ministry of Finance shall
summarize these opinions and consider and decide to grant or not to grant a
business eligibility certificate.
4.
Appraised contents
Pursuant
to this Decree and other relevant laws, the Ministry of Finance and related
agencies shall appraise contents of dossiers which are subject to the conditions
prescribed in Article 19 of this Decree.
Article 22. Business eligibility certificates
1. A
certificate of eligibility for the business of prize-winning electronic games
has the following principal details:
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b/
Serial number and date of grant of the investment certificate or enterprise
registration certificate;
c/
At-law representative of the enterprise;
d/
Number and types of prize-winning electronic games;
dd/
Business facility and its place in the tourist accommodation establishment;
e/
Validity duration;
g/
Other contents according to management requirements.
2. A
business eligibility certificate specifies the validity duration of the
licensed business (below referred to as duration) as requested by the enterprise
which must not exceed the validity duration of the investment certificate or
enterprise registration certificate and ten (10) years from the date it takes
effect, except the cases specified in Article 51 of this Decree.
Article 23. Re-grant, modification and extension of business
eligibility certificates
1.
Re-grant of business eligibility certificates
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Within
fifteen (15) working days after receiving an application, the Ministry of
Finance shall re-grant the business eligibility certificate to the enterprise,
clearly stating the time of re-grant (first, second...). The serial number of
the re-granted business eligibility certificate is that of the previous
certificate.
2.
Modification of business eligibility certificates
Where
an enterprise wishes to modify any content in its business eligibility
certificate specified in Clause 1, Article 22 of this Decree, it shall make an
application for modification and send a complete dossier as guided by the
Ministry of Finance.
Within
thirty (30) working days after receiving a complete and valid dossier of
application for modification, the Ministry of Finance shall grant a modified
business eligibility certificate to the enterprise, clearly stating the time of
modification (first, second...).
3.
Extension of business eligibility certificates
a/ If
an enterprise wishes to continue the business of prize-winning electronic
games, it shall apply for extension of its business eligibility certificate at
least six (6) months before such certificate expires. The extended validity
duration of the business eligibility certificate is based on the request of the
enterprise but must not exceed the validity duration of the investment
certificate or enterprise registration certificate and ten (10) years from the
date the business eligibility certificate is extended.
b/
Conditions for extension of a business eligibility certificate include:
- The
business eligibility certificate remains valid for six (6) months when the
application for extension is submitted;
- The
business conditions specified at Points a, b, c and d, Clause 3, Article 19 of
this Decree are fully satisfied;
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4.
The Ministry of Finance shall specifically guide the dossier, procedures and
contents to be considered for re-grant, modification or extension of business
eligibility certificates.
Article 24. Fee for grant of certificates
Fees
for grant, re-grant, modification and extension of business eligibility
certificates comply with the law on charges and fees as guided by the Ministry
of Finance.
Article 25. Revocation of business eligibility certificates
1. An
enterprise has its business eligibility certificate revoked in any of the following
cases:
a/ It
fails to organize its business operation twelve (12) months after obtaining the
business eligibility certificate;
b/ It
is dissolved or falls bankrupt in accordance with law;
c/ It
has its investment certificate or enterprise registration certificate revoked;
d/ It
fails to fully satisfy the business conditions as concluded by the examination
agency as defined at Point a, Clause 3, Article 33 of this Decree;
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2. A
business eligibility certificate is automatically invalidated and revoked in
the cases specified at Points b and c, Clause 1 of this Article.
3.
The Ministry of Finance shall issue decisions on revocation of business
eligibility certificates in the cases specified at Points a, b and dd, Clause 1
of this Article. Such decision must be notified to the enterprise ten (10) working
days before the expected date of revocation.
4.
Enterprises shall immediately terminate their business of prize-winning
electronic games right after their business eligibility certificates are
revoked.
5.
The Ministry of Finance shall publicize decisions on revocation of business
eligibility certificates of enterprises in the mass media.
Chapter IV
INFORMATION,
ADVERTISING AND SALES PROMOTION
Article 26. Provision of information
1.
Enterprises shall fully post up internal rules on entrance and publicize all
game rules at their business facilities.
2.
Enterprises shall fully and promptly provide information and data relating to
their business of prize-winning electronic games at the request of competent
state management agencies.
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Article 27. Advertising
The
advertising of the business of prize-winning electronic games complies with the
law on advertising and other relevant laws.
Article 28. Discount and sales promotion
1.
Enterprises may give discounts for players. The maximum discount is 2% of total
value of tokens bought. Taxable values are determined based on actually
collected amounts minus discounts.
2.
The Ministry of Finance shall provide specific guidance on persons eligible for
discount, discount limit and method of determining taxable values to be reduced
for each tax as provided in Clause 1 of this Article.
3. In
addition to discounts mentioned in Clause 1 of this Article, sales promotion
items being accommodations, meals and travel fares provided by enterprises to
players may only be accounted as their expenses at the percentage prescribed by
the current law on enterprise income tax. Total expenses serving as a basis for
determining the maximum sales promotion level are total expenses creditable
upon the determination of enterprise income tax, excluding sales promotion and
prize payout expenses. In addition, enterprises may not provide sales promotion
in any other form to players.
4.
When conducting sales promotion activities, in addition to implementing this
Decree, enterprises shall comply with relevant regulations on sales promotion.
Chapter V
FINANCE,
ACCOUNTING AND AUDIT
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1. A fiscal
year of enterprises begins on January 1 and ends on December 31 of the calendar
year. In case an enterprise wishes to apply the fiscal year of its parent
company, such fiscal year must have full twelve months, beginning on the first
day of the first month of a quarter of the year and ending on the last day of
the last month of the preceding quarter of the subsequent year, and the
enterprise shall notify such to the finance agency. The first fiscal year of a
newly established enterprise is counted from the date of licensing to the last
day of the registered fiscal year.
2.
Enterprises are not entitled to incentives for taxes, charges and fees directly
related to the purchase of prize-winning electronic game machines and equipment
and those payable for the business of prize-winning electronic games. Tax,
charge and fee incentives for other investment and business activities comply
with current regulations.
3.
Enterprises shall perform tax obligations toward the State under current
regulations on taxes and the guidance of the Ministry of Finance.
4.
The Ministry of Finance shall guide the financial management mechanism and
methods of tax collection suitable to particular characteristics of the
business of prize-winning electronic games.
Article 30. Accounting and reporting regimes
1.
Accounting regime and financial statements of enterprises comply with law and
the guidance of the Ministry of Finance.
2.
Enterprises shall separately account turnovers and expenses related to the
business of prize-winning electronic games. Enterprises shall allocate
turnovers and expenses associated with other business activities under the
guidance of the Ministry of Finance.
3.
Reporting on professional operations of enterprises complies with regulations
of the Ministry of Finance.
Article 31. Audit and disclosure of financial statements
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2. At
the end of a fiscal year, enterprises shall disclose their financial statements
in accordance with law.
Chapter VI
STATE MANAGEMENT,
EXAMINATION AND INSPECTION
Article 32. State management of the business of prize-winning
electronic games
The
Government performs uniform state management of the business of prize-winning
electronic games, while related ministries and provincial-level People’s
Committees shall assist the Government as follows:
1.
The Ministry of Finance shall take responsibility before the Government for
performing the state management of the business of prize-winning electronic
games, covering:
a/
Promulgating, and guiding the implementation of, legal documents according to
its competence provided by the law on business of prize-winning electronic
games;
b/
Granting, re-granting, modifying, extending and revoking certificates of
eligibility for the business of prize-winning electronic games under this
Decree;
c/
Promulgating a detailed list of types and categories of prize-winning
electronic games;
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dd/
Examining, inspecting, and handling violations of the law on the business of
prize-winning electronic games under this Decree;
e/
Performing other tasks prescribed by law.
2.
The Ministry of Planning and Investment shall:
a/
Coordinate with the Ministry of Finance in considering and giving opinions on
the grant, re-grant, modification, extension and revocation of business
eligibility certificates under this Decree;
b/
Coordinate with ministries, sectors and localities in managing and supervising
the business of prize-winning electronic games.
3.
The Ministry of Public Security shall:
a/
Manage security and order in the business of prize-winning electronic games for
foreigners in accordance with law;
b/
Assume the prime responsibility for, and coordinate with concerned agencies,
organizations and individuals in, preventing and combating money laundering crimes
in the business of prize-winning electronic games in accordance with law;
c/
Assume the prime responsibility for, and coordinate with related agencies and
organizations in, preventing and combating illegal gambling and other
violations of law;
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dd/
Coordinate with ministries, sectors and localities in managing and supervising
the business of prize-winning electronic games.
4.
The Ministry of Culture, Sports and Tourism shall:
a/
Guide the management of contents and images of prize-winning electronic game
machines under current regulations in order to assure that prize-winning
electronic game machines used at business facilities conform with Vietnam’s
fine traditions and customs and aesthetic values as required by law;
b/
Coordinate with the Ministry of Finance in considering and giving opinions on
the grant, re-grant, modification, extension and revocation of business
eligibility certificates under this Decree;
c/
Coordinate with ministries, sectors and localities in managing and supervising
the business of prize-winning electronic games.
5.
The Ministry of Information and Communications shall:
a/
Direct providers of Internet services, network infrastructure and online social
network services and telecommunications businesses in proactively preventing or
refraining from providing prize-winning electronic games via computer network,
telecommunications network and Internet;
b/
Coordinate with the Ministry of Public Security and related ministries and
sectors in preventing the provision of gambling services via computer network,
telecommunications network and Internet from overseas into Vietnam.
6.
The State Bank of Vietnam shall:
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b/
Manage the collection and use of foreign-currency amounts by enterprises
engaged in the business of prize-winning electronic games in accordance with
law;
c/ Coordinate
with the Ministry of Finance in considering and giving opinions on the grant,
re-grant, modification, extension and revocation of business eligibility
certificates under this Decree;
d/ Coordinate
with concerned agencies, organizations and individuals in taking measures to
combat money laundering in the business of prize-winning electronic games in
accordance with law;
dd/
To coordinate with ministries, sectors and localities in managing and
supervising the business of prize-winning electronic games.
7.
The Ministry of Industry and Trade shall manage sales promotion activities of
enterprises engaged in the business of prize-winning electronic games in
accordance with law.
8.
Provincial-level People’s Committees shall:
a/
Coordinate with the Ministry of Finance in considering and giving opinions on
the grant, re-grant, modification, extension and revocation of business
eligibility certificates under this Decree;
b/
Manage, supervise and examine the business of prize-winning electronic games in
their localities in order to assure that this business fully and strictly
complies with this Decree and law;
c/
Revise and modify licenses granted to local enterprises engaged in the business
of prize-winning electronic games according to the competence provided in the
Investment Law and Enterprise Law and after the Ministry of Finance grants
business eligibility certificates under this Decree;
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Article 33. Examination and inspection
1.
State management agencies shall conduct examination and inspection on a regular
or irregular basis. Irregular examination or inspection may be performed only
when signs of violation of enterprises are detected or to meet requirements of
the settlement of complaints and denunciations, corruption prevention and
combat or as assigned by heads of competent state management agencies.
2.
Provincial-level People’s Committees shall conduct annual examination to assure
adequate and proper observance by enterprises of regulations on business
conditions in the course of doing the business of prize-winning electronic
games. An enterprise is subject to regular examination only once a year.
3.
The Ministry of Finance shall assume the prime responsibility for, and
coordinate with the Ministry of Planning and Investment, the Ministry of Public
Security, the Ministry of Culture, Sports and Tourism, related ministries and
sectors, and provincial-level People’s Committees of localities where
enterprises organize their business of prize-winning electronic games in,
conducting regular examination once every three (3) years to examine the
enterprise’s capability to maintain business conditions or consider revoking
their business eligibility certificates. Examination contents include:
a/
Examination of full satisfaction of the conditions for grant of business
eligibility certificates specified at Points a, b, c and d, Clause 3, Article
19 of this Decree.
Particularly
for enterprises specified in Clause 1, Article 51 of this Decree, examination of
full satisfaction of the conditions for grant of business eligibility
certificates specified at Points b, c and d, Clause 3, Article 19 of this
Decree.
b/
Examination of adequate and proper observance of this Decree’s provisions on
organization of the business of prize-winning electronic games, covering the
following principal contents:
-
Management of prize-winning electronic game machines and equipment and tokens;
-
Management of persons eligible for playing prize-winning electronic games and
persons permitted to enter and leave business facilities;
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Management of foreign exchange and observance of internal regulations on
anti-money laundering;
-
Observance of regulations on finance, accounting and state budget remittance
obligation.
4.
The Ministry of Finance and provincial-level People’s Committees shall decide
on irregular examinations upon detecting enterprises showing signs of violation
of regulations on persons eligible for playing prize-winning electronic games
and assurance of security, social order and safety, or receiving reports on
crimes related to enterprises.
5.
The examination and inspection of performance of tax obligations of enterprises
comply with law.
Article 34. Powers of state management agencies
In
the course of performing the management, examination or inspection, state
management agencies, according to their competence provided in this Decree,
may:
1.
Enter all rooms at business facilities.
2.
Request enterprises and affiliated persons to provide documents, data and
information to serve the management, examination or inspection.
3.
Request enterprises to suspend part or the whole of the business of
prize-winning electronic games at business facilities in case they have
sufficient grounds to believe that these enterprises are seriously violating
law and notify such in writing to the agency that has granted business
eligibility certificates for consideration and coordinated examination,
inspection and handling of such violations.
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SANCTIONING
OF ADMINISTRATIVE VIOLATIONS
Article 35. General provisions on sanctioning of administrative
violations
1.
Violators shall, depending on the nature and severity of their violations, be
administratively sanctioned or examined for penal liability in accordance with
law.
2.
Administrative violations in the business of prize-winning electronic games
that do not constitute any crimes and are specified in this Chapter must be
administratively sanctioned.
3.
Organizations and individuals engaged in the business of prize-winning
electronic games that commit administrative violations in other fields as
prescribed by other legal documents shall be administratively sanctioned under
relevant legal documents.
Article 36. Sanctions against administrative violations and remedial
measures
1.
Sanctions against administrative violations in the business of prize-winning
electronic games include:
a/
Caution;
b/
Fine: The maximum fine to be imposed for an administrative violation in the
business of prize-winning electronic games is VND 100,000,000 for individuals,
or VND 200,000,000 for organizations;
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d/
Confiscation of material evidences and means used for commission of
administrative violations;
dd/
Expulsion.
2.
The sanctions at Points a and b, Clause 1 of this Article are only prescribed and
applied as principal sanctions. The sanctions at Points c, d and dd, Clause 1
of this Article are prescribed and applied as additional sanctions.
3.
For each administrative violation, a violator is subject to only one principal
sanction and may be subject to one or several additional sanctions specified at
Points c, d and dd, Clause 1 of this Article. An additional sanction may only
be imposed together with a principal sanction.
4.
For each administrative violation, in addition to sanctions, a violator may be
subject to one or several of the following remedial measures:
a/
Forcible restoration of the original state;
b/
Forcible re-export or destruction of prize-winning electronic game machines and
equipment and tokens;
c/ Forcible
correction of reported untruthful, incomplete or misleading information and
data;
d/
Forcible refund of earnings from administrative violation or forcible recovery
of illegally spent or collected money amounts;
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Article 37. Violations of regulations on dossiers for grant of
certificates of eligibility for business of prize-winning electronic games
1. A
fine of between VND 20,000,000 and 30,000,000 is imposed on persons who tamper
with or erase without permission documents in their dossiers of application for
grant, re-grant, modification or extension of business eligibility
certificates. A fine doubling this fine level is imposed on organizations and
units committing the violation mentioned in this Clause.
2. A
fine of between VND 40,000,000 and 50,000,000 is imposed on persons who forge
or counterfeit documents in their dossiers of application for grant, re-grant,
modification or extension of business eligibility certificates. A fine doubling
this fine level is imposed on organizations and units committing the violation
mentioned in this Clause.
3.
Additional sanction:
Confiscation
of modified, erased, forged or counterfeited documents in case violations are
detected in the course of examination of dossiers for grant of business
eligibility certificates.
4.
Remedial measure:
Forcible
addition of documents in dossiers in accordance with law in case violations are
detected in the course of examination of dossiers for grant of business
eligibility certificates.
Article 38. Violations of regulations on management and use of business
eligibility certificates
1. A
fine of between VND 90,000,000 and 100,000,000 is imposed on enterprises that
tamper with or erase their business eligibility certificates.
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3. A
fine of between VND 90,000,000 and 100,000,000 is imposed on persons who conduct
the business of prize-winning electronic games without business eligibility
certificates. A fine doubling this fine level is imposed on organizations and
units that commit violations specified in this Clause.
4.
Additional sanctions:
a/
Deprivation of the right to use business eligibility certificates for between
three (3) and six (6) months, for administrative violations specified in Clause
1 of this Article;
b/
Deprivation of the right to use business eligibility certificates for twenty
four (24) months, for administrative violations specified in Clause 2 of this
Article.
5.
Remedial measure:
Forcible
refund of all earnings from administrative violations.
Article 39. Violations of regulations on business facilities and areas
where business facilities are located in tourist accommodation establishments
1. A
fine of between VND 90,000,000 and 100,000,000 is imposed on enterprises that
locate their business facilities which do not fully satisfy the conditions
prescribed by law.
2. A
fine of between VND 180,000,000 and 200,000,000 is imposed on enterprises that
organize the business of prize-winning electronic games not in locations
indicated in their business eligibility certificates.
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a/ Deprivation
of the right to use the right to use business eligibility certificates for
between one (1) month and two (2) months, for administrative violations
specified in Clause 1 of this Article;
b/
Deprivation of the right to use business eligibility certificates for between
three (3) and six (6) months, for administrative violations specified in Clause
2 of this Article.
4.
Remedial measure:
Forcible
restoration of original locations of business facilities which fully satisfy
the conditions prescribed by law and are indicated in business eligibility
certificates.
Article 40. Violations of regulations on number, types and categories
of prize-winning electronic games
1. A
fine of between VND 130,000,000 and 150,000,000 is imposed on enterprises that
organize the business with types of prize-winning electronic game machines and
categories of prize-winning electronic games not permitted by law.
2. A
fine of between VND 180,000,000 and 200,000,000 is imposed on enterprises that
organize the business with prize-winning electronic game machines exceeding the
prescribed limit quantity.
3.
Additional sanctions:
a/
Deprivation of the right to use the right to use business eligibility
certificates for between three (3) and six (6) months, for first-time
violations;
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4.
Remedial measures:
a/
Forcible destruction or forcible re-export of prize-winning electronic game
machines in excessive quantity or of types of or for categories of
prize-winning electronic games not permitted by law;
b/
Forcible refund of all earnings from administrative violations.
Article 41. Violations of regulations on elaboration, sending and
announcement of game rules
1.
Caution is imposed for failure to announce game rules.
2. A
fine of between VND 40,000,000 and 50,000,000 is imposed on enterprises that
fail to send game rules to competent state management agencies defined in this
Decree.
3. A
fine of between VND 90,000,000 and 100,000,000 is imposed on enterprises that
fail to elaborate game rules.
4.
Additional sanction:
Deprivation
of the right to use the right to use business eligibility certificates for
between one (1) month and two (2) months, for administrative violations specified
in Clauses 2 and 3 of this Article.
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Forcible
elaboration, sending and announcement of game rules in accordance with law.
Article 42. Violations of regulations on monitoring and management of
persons eligible for playing prize-winning electronic games and persons
permitted to enter and leave business facilities
1. A
fine of between VND 90,000,000 and 100,000,000 is imposed on enterprises that
fail to keep books for monitoring or grant cards for controlling persons
entering and leaving their business facilities.
2. A
fine of between VND 180,000,000 and 200,000,000 is imposed on enterprises that
permit persons to enter and leave their business facilities in contravention of
law.
3.
Additional sanctions:
a/
Deprivation of the right to use the right to use business eligibility
certificates for between one (1) month and two (2) months, for administrative
violations specified in Clause 1 of this Article;
b/
Deprivation of the right to use business eligibility certificates for between
six (6) and twelve (12) months, for administrative violations specified in
Clause 2 of this Article which are committed for the first time;
c/
Deprivation of the right to use business eligibility certificates for twenty
four (24) months, for recidivism of violations specified in Clause 2 of this
Article.
4.
Remedial measure:
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Article 43. Violations of regulations on obligations of players
1. A
caution is imposed on persons who fail to properly observe game rules and
internal rules of business facilities already announced by enterprises.
2. A
fine of between VND 20,000,000 and 30,000,000 shall be imposed on persons that
cause insecurity, social disorder and unsafety at business facilities.
3. A
fine of between VND 90,000,000 and 100,000,000 is imposed on persons that cheat
while playing prize-winning electronic games at business facilities. A fine
doubling this fine level is imposed on organizations and individuals that
commit the violations specified in this Clause.
4.
Additional sanction:
Deprivation
of the right to use business eligibility certificates for three (3) months, for
enterprises that commit the violation specified in Clause 3 of this Article.
5.
Remedial measure:
Forcible
compliance with regulations on obligations of players.
Article 44. Violations of regulations on management of tokens
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2. A
fine of between VND 60,000,000 and 70,000,000 is imposed on enterprises that
fail to register their tokens with state management agencies under regulations.
3. A
fine of between VND 90,000,000 and 100,000,000 is imposed on enterprises that
use tokens of other enterprises or other than those registered with state
management agencies.
4.
Additional sanctions:
a/
Confiscation of all tokens, for violations specified in Clauses 1 and 3 of this
Article;
b/
Deprivation of the right to use business eligibility certificates for between
one (1) month and two (2) months, for administrative violations specified in
Clause 2 of this Article.
5.
Remedial measure:
Forcible
compliance with regulations on management of tokens.
Article 45. Violations of regulations on management of prize-winning
electronic game machines and equipment
1. A
fine of between VND 40,000,000 and 50,000,000 is imposed on enterprises that
fail to keep books for management of prize-winning electronic game machines.
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3. A
fine of between VND 90,000,000 and 100,000,000 is imposed on enterprises that
purchase prize-winning electronic game machines, which do not fully satisfy the
technical conditions prescribed by law, from manufacturers or suppliers not on
the list announced by competent state management agencies.
4.
Additional sanctions:
a/
Confiscation of all violating prize-winning electronic game machines and
equipment, for violations specified in Clauses 2 and 3 of this Article;
b/
Deprivation of the right to use business eligibility certificates for between
one (1) month and two (2) months, for administrative violations specified in
Clause 2 of this Article;
c/
Deprivation of the right to use business eligibility certificates for between
three (3) and six (6) months, for administrative violations specified in Clause
3 of this Article.
5.
Remedial measure:
Forcible
compliance with regulations on keeping management books, for violations specified
in Clause 1 of this Article.
Article 46. Violations of regulations on internal control, managers and
executive officers
1. A
fine of between VND 40,000,000 and 50,000,000 is imposed on enterprises that
fail to elaborate and issue regulations on internal management at business
facilities.
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3. A
fine of between VND 180,000,000 and 200,000,000 is imposed on enterprises that
appoint managers and executive officers who fail to fully satisfy standards and
conditions prescribed by law.
4.
Remedial measure:
Forcible
compliance with regulations on internal control, managers and executive
officers.
Article 47. Violations of regulations on prize payout and certification
of winnings
1. A
fine of between VND 10,000,000 and 20,000,000 is imposed on enterprises that
intentionally delay the payout of prizes to players without plausible reasons.
2. A
fine of between VND 90,000,000 and 100,000,000 is imposed on enterprises that
certify winnings for ineligible persons or of a value different from the actual
winning value.
3.
Remedial measures:
a/ Forcible
payout of prizes to players at their and according to game rules;
b/
Forcible revocation of written certifications of winnings which are improperly
made.
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1. A
fine of between VND 60,000,000 and 70,000,000 is imposed on enterprises that
violate the financial management regime promulgated by a competent state
management agency.
2. A
fine of between VND 90,000,000 and 100,000,000 is imposed on enterprises that
violate this Decree’s provisions on discounts and sales promotion.
3.
Additional sanction:
Deprivation
of the right to use business eligibility certificates for between one (1) month
and two (2) months, for administrative violations specified in Clause 2 of this
Article.
4.
Remedial measures:
a/
Forcible recovery of all sales promotion expenses illegally spent;
b/
Forcible compliance with regulations on violations of the financial management
regime.
Article 49. Competence to sanction administrative violations
1.
Financial inspectors at all levels on duty may:
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b/
Apply the remedial measures specified at Points a and b, Clause 4, Article 36
of this Decree.
2.
Chief inspectors of provincial-level Finance Departments and equivalent post
holders who are assigned to perform the specialized inspection function may:
a/
Impose caution;
b/
Impose fine of up to VND 50,000,000;
c/
Confiscate material evidences and means used for commission of administrative violations
which are of a value not exceeding the fine level specified at Point b of this
Clause;
d/
Apply the remedial measures specified in Clause 4, Article 36 of this Decree.
3.
Heads of specialized inspection teams of the Ministry of Finance may:
a/ Impose
caution;
b/
Impose fine of up to VND 140,000,000;
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d/
Apply the remedial measures specified in Clause 4, Article 36 of this Decree.
4.
The Chief Inspector of the Ministry of Finance may:
a/
Impose caution;
b/
Impose fine of up to VND 200,000,000;
c/
Deprive of the right to use business eligibility certificates for a definite time
under this Decree;
d/
Confiscate material evidences and means used for commission of administrative
violations;
dd/
Apply the remedial measures specified in Clause 4, Article 36 of this Decree.
5.
Chairpersons of People’s Committees at all levels may, within the ambit of
their powers as provided in the law on handling of administrative violations,
sanction administrative violations in the business of prize-winning electronic
games under this Decree.
6. In
addition to the persons with sanctioning competence specified in Clauses 1, 2,
3, 4 and 5 of this Article, persons competent to sanction administrative
violations from other agencies defined in the law on handling of administrative
violations may, within the ambit of their assigned functions and tasks, sanction
administrative violations prescribed in this Decree which they detect in the
fields or localities under their management.
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1.
Sanctioning principles and statute of limitations, time limits upon the
expiration of which a person is regarded as having never been administratively
sanctioned, sanctioning procedures, execution and enforcement of sanctioning
decisions comply with the Law on Handling of Administrative Violations and
guiding documents.
2. The
lodging and settlement of complaints and denunciations about decisions on
sanctioning administrative violations in the business of prize-winning
electronic games comply with the law on complaints and denunciations.
Chapter VIII
IMPLEMENTATION
PROVISIONS
Article 51. Transitional
provisions
Within
twelve (12) months after this Decree takes effect, enterprises that obtain
investment certificates or enterprise registration certificates which cover the
business of prize-winning electronic games before the effective date of this
Decree shall carry out procedures for being granted business eligibility
certificates under Clauses 1 and 2 of this Article. Upon the expiration of the
above time limit, enterprises that fail to carry out procedures for being
granted business eligibility certificates shall terminate their business.
1.
For an enterprise that is organizing the business of prize-winning electronic
games:
a/
Conditions for being granted a business eligibility certificate include:
-
Having a valid investment certificate or enterprise registration certificate,
permitting the business of prize-winning electronic games;
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b/
Quantity of prize-winning electronic game machines of an enterprise is
specified as follows:
- In
case its investment certificate or enterprise registration certificate specifies
a quantity of prize-winning electronic game machines, the enterprise may
continue the business with prize-winning electronic game machines not exceeding
the quantity specified in such certificate;
- In
case its investment certificate or enterprise registration certificate does not
specify a quantity of prize-winning electronic game machines, the enterprise
may conduct the business with a quantity of prize-winning electronic game
machines not exceeding the quantity specified in Article 7 of this Decree.
c/
Validity duration of business eligibility certificates of enterprises is as
follows:
- For
an enterprise having an investment certificate or enterprise registration
certificate which specifies a business duration, the validity duration of its
business eligibility certificate is at most equal to the remaining operation
duration stated in its investment certificate or enterprise registration
certificate. The remaining operation duration stated in the investment
certificate or enterprise registration certificate is determined on the basis
of the investment certificate or enterprise registration certificate granted or
last modified before December 31, 2012. In the course of business operation,
the enterprise shall comply with regulations on the business of prize-winning
electronic games and management thereof under this Decree;
- In
case the investment certificate or enterprise registration certificate does not
specify a business duration, the validity duration of the business eligibility
certificate complies with Article 22 of this Decree.
d/
The dossier, order, procedures for and contents of appraisal of business
eligibility certificates comply with the relevant guidance of the Ministry of
Finance and this Decree.
2.
For an enterprise that has not yet organized the business of prize-winning
electronic games:
a/
The conditions, order and procedures for application for business eligibility
certificates comply with Articles 19, 20, 21 and 22 of this Decree;
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Article 52. Implementation provisions
1.
This Decree takes effect on October 1, 2013.
2. To
annul the Prime Minister’s Decision No. 32/2003/QD-TTg of February 27, 2003,
promulgating the Regulation on the business of prize-winning electronic games
for foreigners, and all previous regulations which are contrary to this Decree.
3.
The Minister of Finance shall assume the prime responsibility for, and
coordinate with related ministries and sectors in, guiding the implementation
of this Decree.
4.
Ministers, heads of ministerial-level agencies, heads of government- attached
agencies, chairpersons of provincial-level People’s Committees, and related
organizations and individuals shall implement this Decree.-
ON BEHALF OF THE GOVERNMENT
PRIME MINISTER
Nguyen Tan Dung