THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 03/2017/ND-CP
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Ha Noi, January 16, 2017
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DECREE
ON CASINO BUSINESS
Pursuant to
the Law of Government organization dated June 19, 2015;
Pursuant to
the Law on Enterprise dated November 26, 2014;
Pursuant to
the Law on investment dated November 26, 2014;
Pursuant to
the Law on Actions against administrative violations dated June 20, 2012;
Pursuant to the Law on Advertising dated June 21, 2012;
Pursuant to the Law on Commerce
dated June 14, 2005;
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The Government hereby
promulgates the Decree on casino business.
Chapter
I
GENERAL
PROVISIONS
Article 1. Governing scope and regulated entities
1. Scope of
regulation:
This Decree provides for
casino business and the management thereof and penalties for administrative violations against regulations on casino business in Vietnam.
2. Regulated
entities:
a) Casino-operating
enterprises;
b) Persons allowed to play
in casinos and persons allowed to enter casinos as prescribed in this Decree;
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d) Other persons and organizations relevant to the casino business.
Article 2. Interpretation of terms
In this Decree,
these terms can be construed as follows:
1. The “casino business” is a conditional business which must
be licensed by a competent authority to provide prize-winning games on gaming
machines and/or gaming tables to serve the entertaining of the entities
specified in Article 11 of this Decree.
2. A “prize-winning game” means a game of chance or game of
combination of chance and skills which is played on a prize-winning electronic
game machine or prize-winning game table by gamblers who pay money and may win
prizes in cash or in kind.
3. A “gaming machine” means specialized electronic equipment which
is allowed as prescribed in this Decree where gamblers can play the programmed
prize-winning games. The playing process between the gamblers and the machine
is entirely automatic.
4. A “prize-winning game table” (hereinafter referred to as
“gaming table”) means a specialized gaming equipment for the playing of
prize-winning games between the dealer and the gambler.
5. “Gaming equipment” means parts of gaming machines or tables
and other equipment used for operating casino business according to regulations
in this Decree.
6. A “slot machine” means a prize-winning game machine
containing at least 03 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.
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8. A “gambler” is a person allowed to play prize-winning games
in casinos as specified in Articles 11 and 12 of this Decree.
9. “Payout” means an average percentage at which winnings are
paid out to slot machine gamblers during a certain period of time or on a
certain number of spins at designed and set by the manufacture in a slot
machine or the return-on-bet ratio for other prize-winning electronic games
stated in the game rules.
10. A “token” means a chip, check, cheque or score used instead
of currency in casinos which is registered by the casino-operating enterprise
with a competent authority to run the casino business and valid only within a
casino.
11. A “casino” means a
facility with one or multiple rooms to provide casino games at a place licensed
by a competent authority according to laws.
12. A “casino-included entertainment complex” means a
combination of constructions serving the tourism, entertaining, resting and
commercial activities, etc., including casino business which are licensed by a
competent authority according to laws.
13. A “casino manager” means a person that the casino-operating
enterprise assigns to manage, direct and supervise partially or wholly the
casino business.
14. A “casino-operating enterprise” means an enterprise licensed by a
competent authority to run a casino business according to law.
15. A "large-scale casino-operating enterprise” mean an
enterprise running a casino business with a total investment in the project on
a casino-included entertainment complex at least USD 02 billion.
16. A ”small-scale casino-operating
enterprise” mean an enterprise running a
casino business with a total
investment in the project on a casino-included
entertainment complex under USD 02
billion.
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Article
3. Principles of casino business
1. Casino business is a conditional business subject to the
strict control by competent authorities to assure that such business is
compliant with this Decree and relevant
law provisions. Only enterprises having the
Certificate of eligibility for casino business issued according to this Decree
and enterprises specified in clause 1 Article 62 of this Decree shall be
allowed to run a casino business.
2. Casino business shall be combined with the main business of
the enterprise to enhance the development in tourism and commerce, vary the
forms of entertaining, improve the spiritual life and attract tourists; ensure
the security, national defense, social order and safety, social ethics and
community health.
3. The organization of and participation in prize-winning
games must ensure the transparency, objectiveness and honesty, ensuring the lawful rights and interests of relevant parties.
4. Organizations and individuals related to the organization
of and participation in prize-winning games must comply with this Decree and
relevant law provisions.
Article 4. Prohibited acts
1. Running a casino business without a Certificate of
eligibility for casino business, excluding those specified in clause 1 Article
62 of this Decree.
2. Running a casino business against the Certificate of
eligibility for casino business or the Certificate of investment registration,
applicable to enterprises specified in clause 1 Article 62 of this Decree.
3. Illegally transferring, leasing out or lending out casinos
to run casino business.
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5. Running a casino business while the Certificate of
eligibility for casino business or the casino business is suspended according
to the decision of a competent authority.
6. Permitting persons other than those specified in Article
11, Article 12 and Article 14 of this Decree to enter a casino under any
circumstance.
7. Allowing and/or organize direct betting between gamblers
depending on the results of prize-winning games at casinos.
8. Committing a fraud in the organization of and/or
participation in a prize-winning game at a casino.
9. Performing acts that affect the security and social order
and safety at casinos according to laws.
10. Using gaming machines, gaming tables, token and/or gaming
equipment with contents and images which are not permitted by competent
inspection authorities.
11. Misusing the casino business to organize and provide
prize-winning games illegally via a computer network, telecommunications network
or Internet.
12. Misusing the casino business to smuggle or transport foreign currency, gold, silver, gemstones and/or precious
metals and launder money, finance the terrorism or trade
in prostitution.
13. Certifying the fictitious prize, certify the prize untruly or ultra vires or prevent a
gambler from certifying the prize without plausible reasons.
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15. Failure to provide information or fail to make reports at
the request of competent authorities.
16. Other
prohibited acts prescribed in relevant laws.
Chapter II
ORGANIZATION
OF CASINO BUSINESS
Article 5. Casinos
1. A casino operating enterprise may only run a casino
business at a sole facility licensed by a competent authority according to
laws.
2. The casino shall be located separately from other business
areas of the enterprise:
a) Have separate entrance
and exit doors;
b) Have electronic
equipment and cameras for constant surveillance and control of all the
activities in the casino (24/7), where the following essential positions shall
be under surveillance: entrance and exit doors, locations of gaming machines,
gaming tables, cashier area, areas for counting and storing cashes and tokens.
Records from electronic equipment and camera system at essential positions
shall be retained for at least 06 months from the time of recording. In case of necessity, the retention duration may be extended at the request of the competent
authority;
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d) Post the rules for
entering or leaving the casino in Vietnamese, English and other languages (if
any) at a noticeable place at the entryway of the casino.
Article
6. Operation time
1. The permitted operation time of an enterprise is all days
in a year, excluding days on which the business operation is suspended under
decisions of competent authorities. The enterprise shall post publicly at the
casino its operation time.
2. The enterprise may suspend its business whenever
necessary. At least 15 days before the suspension date, the enterprise shall
post a notification publicly at the casino and send it to the Ministry of Finance, People’s Committees
of provinces, Services of Finance, investment registry office and the supervisory tax authority for surveillance
and management. The notification must specify the time of suspension of
operation, causes of the suspension and the planned time of operation
resumption. In cases there is change in the time of resumption of operation,
the enterprises shall post a notification publicly at the casino and send it to
the abovementioned authorities.
3. If the suspension is requested by a regulatory authority,
the enterprise shall notify the gamblers of the time of suspension immediately
after the request for the suspension is received.
Article
7. Number of gaming machines and/or gaming tables
1. Number of gaming machines and/or gaming tables stated in
the Certificate of investment registration or the decision on investment policy
a) Regarding projects
issued with the Certificate of investment registration or the decision on
investment policy since the effective date of this Decree, the number of gaming
machines and/or gaming tables shall be approved by the Prime Minister and
stated in the Certificated of investment registration or decision on investment
policy. The basis for determining the number of gaming machines and/or gaming
tables of a project shall be the total committed investment in the project
where not exceeding 01 gaming table and 10 gaming machines shall be allowed to
be used for each USD 10 million of investment;
b) Regarding projects
licensed before the effective date of this Decree, the number of gaming
machines and/or gaming tables shall be in accordance with the Certificate of
investment registration.
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a) Regarding
projects issued with the Certificate of investment registration or the decision
on investment policy which covers casino
business since the effective date of
this Decree, the number of gaming machines and/or gaming tables shall be conformable to that specified in the Certificate
of eligibility for casino business which must not exceed the number of gaming
machines and/or gaming tables stated in the Certificate of investment
registration or the decision on investment policy. The basis for determining the number of gaming machines
and/or gaming tables allowed to be used by an
enterprise stated in the Certificate of eligibility for casino business shall be the total amount
of disbursed capital where up to 01 gaming table and 10 gaming machines shall
be allowed for each USD 10 million of investment;
b) Regarding
projects licensed before the effective date of this Decree, the number of
gaming machines and/or gaming tables shall be in accordance with Article 62 of this Decree.
3. On the basis of the number of gaming machines and/or gaming
tables stated in the Certificate of eligibility for casino business, the
enterprise shall decide the number of gaming machines and/or gaming tables
according to the area of the casino and the need in specific period, provided
that such number does not exceed that stated in the Certificate of eligibility
for casino business. Within 05 working days from the day on which the casino is
operated, the enterprise shall report in writing the actual number of gaming
machines and/or gaming tables to the
Ministry of Finance, the People's Committee of
provinces, the Service of Finance, the investment registry office and the supervisory tax authority
for surveillance and management.
Article 8. Increase in number of gaming machines and/or gaming tables
1. Only enterprises operating large-scale casinos may increase
the number of gaming machines and/or gaming tables. Any enterprise wishing to
make an increase in the number of gaming machines and/or gaming tables of a
small-scale casino shall expand the project to satisfy the requirements for a
casino-included entertainment complex with large scale according to this
Decree.
2. Increase in the number of gaming machines and/or gaming
tables stated in the Certificate of investment registration or the decision on
investment policy
During the operation, any
enterprise wishing to make an expansion in the project and make an increase in
the number of gaming machines and/or gaming tables stated in the Certificate of
investment registration or the decision on investment policy shall apply for
modification of the Certificate of investment registration or the decision on
investment policy according to laws on investment. The number of gaming
machines and/or gaming tables shall increase by a number approved by the Prime
Minister and stated in the Certificated of investment registration or the
decision on investment policy. Bases for considering the increase of the number
of gaming machines and/or gaming tables of a project:
a) The increase in the
investment in the project where the addition of up to 01 gaming table and 10
gaming machines is permitted for each increase by USD 10 million in investment;
b) The performance of the
project and its effect on the economy, society, security, national defense and
social order and safety of the area where the casino business is run;
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3. Increase in
the number of gaming machines and/or gaming tables stated in the Certificate of
eligibility for casino business
a) During the casino
business, any enterprise wishing to make an increase in the number of gaming
machines and/or gaming tables stated in the Certificate of eligibility for
casino business shall apply for modification of such Certificate. The increase
in the number of gaming machines and/or gaming tables must not exceed the
number of gaming machines and/or gaming tables specified in the Certificate of
investment registration or the decision on investment policy. The basis for considering
the increase in the number of gaming
machines and/or gaming tables shall be the
increase in the total amount of disbursed capital in comparison with the
disbursed capital by the issuance date of the Certificate of eligibility for
casino business where the addition up to
01 gaming table and 10 gaming machines shall be
allowed for each increase by USD
10 million
in
investment;
b) The increase in the
number of gaming machines and/or gaming tables of an enterprise shall be
allowed only when the total increase in disbursed capital in comparison with
the disbursed capital by the issuance date of Certificate of eligibility for
casino business is not less than USD 100 million.
Article
9. Types and categories of prize-winning games
1. A casino-operating enterprise shall provide only 02 types
of prize-winning games through a gaming machine or a gaming table.
2. The enterprise may decide the types and/or categories of
the prize-winning game that it actual provides which must not exceed the number
of gaming machines and/or gaming tables stated in the Certificate of
eligibility for casino business or the Certificate of investment registration,
applicable to enterprises specified in clause 1 Article 62 of this Decree.
Article
10. Game rules
1. Any prize-winning game provided shall have game rules in
accordance with the playing method, payout and the designs of the gaming
machines and/or gaming tables. A set of gaming rules must be conformant with
laws and include the following contents:
a) Name of the game;
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c) Images and
instructions for use of the gaming machines and/or gaming tables;
d) Playing method;
dd) Payout;
e) Way of determining a
win and principle and method of payment of prizes to the winners;
g) Handling of unexpected
problems arising during the playing of games;
h) Handling of disputes
between the casino-operating enterprise and gamblers;
i) Other contents
according to the enterprise’s management requirement.
2. At least 15 days before providing a game, the game rules
shall be posted publicly at the casino and retained to be presented to
regulatory bodies in charge of inspection according to this Decree.
Article
11. Persons allowed to play in casinos
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2. Persons defined in clause 1 of this Article who have full
legal capacity according to Vietnam's laws and willingly comply with the game
rules, the casino’s rules and provisions of this Decree.
Article 12. Pilot
permission for Vietnamese citizens to play in casinos
1. Place of pilot permission
The pilot permission for
Vietnamese citizens to play in casinos shall be conducted at casino-included
entertainment complexes at places satisfying the requirements in this Decree
and approved by the competent authorities.
2. Duration of pilot permission
The duration of pilot
permission shall be 03 years from the day on which the pilot permission for
Vietnamese citizens to play in a casino is first conducted. After 03 years of
pilot permission, the Government shall consolidate reports, assess the data and
decide on whether or not to terminate the permission for Vietnamese citizens to
play in casinos in Vietnam.
3. A Vietnamese citizen shall be allowed to play in a casino
specified in clause 1 of this Article if he/she:
a) Is at least 21 year
olds and fully capable of civil acts according to Vietnam’s laws;
b) Is financially capable
of playing in the casino. The gambler must have proofs of having current income
of at least VND 10 million per month or being subject to at least grade-3
income tax as prescribed in the Law on personal income tax. The Ministry of Finance shall provide guidance on the documents proving the
financial capacity of the gamblers;
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d) Is not a person whose
parent, adoptive parent, spouse, natural child who has fully legal capacity or
who himself/herself requests the casino-operating enterprise to prevent him/her
from playing games at the casino;
dd) A Vietnamese citizen
allowed to play in a casino shall use only Vietnam dong for exchange for
tokens; remaining or winning tokens may be re-exchanged for Vietnam dong.
4. A Vietnamese citizen shall be banned from playing games at
a casino if he/she:
a) Was charged with a
criminal offence and the case is being under investigation or adjudication by a
Vietnamese or foreign proceeding agency;
b) Has a previous conviction
for the infringement upon national
security or other knowingly offences and was
given an imprisonment sentence of 03 years or more and the criminal record
has not been expunged;
c) Is serving a suspended
imprisonment sentence;
d) Is serving a non-custodial community sentence, mandatory
supervision, prohibition from residence, prohibition from holding certain positions or prohibition from conducting business sectors subject
to security and order conditions according to decisions of the Court;
dd) Is incurring the
measure of education at communes; incurring the decision on application of
administrative handling measures during the time of waiting for implementation of the
decision; having drug addiction; being suspended from implementing the decision
on forcible sending to a reform school or a rehabilitation center;
e) Has incurred
administrative penalties which have not been expunged.
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6. Responsibilities of casino-operating enterprises eligible
for admitting Vietnamese citizens during the pilot period
a) Establish and promulgate
regulations to ensure the tight control of Vietnamese citizens playing in
casinos;
b) Issue e-card to
Vietnamese citizens playing in casinos which must contain:
- Code of the card;
- Full name of the
gambler;
- ID number or passport
number;
- Identification picture;
- Time of
entering/leaving the casino;
- The wagered amount and
payout for each time of playing at the casino;
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c) Provide regulations,
documents and images for competent authorities to facilitate the management,
surveillance and inspection.
d) Cooperate with
competent authorities in consolidating and assessing the pilot permission for
Vietnamese citizens to play in casinos.
Article 13. Rights and obligations of gamblers
1. Gamblers shall have
the following rights:
a) Get their wins
certified and fully paid out by casino-operating enterprises;
b) Receive and transfer
or bring prize money in foreign currencies abroad under Vietnam's law on
exchange management and the guidance of the State Bank of Vietnam, applicable
to foreigners or Vietnamese overseas citizens who have foreign passports issued
by competent foreign authorities or valid laissez-passers and
lawfully enter Vietnam;
c) Request
casino-operating enterprises to keep secret of the information about prize
winning and receipt unless being at the request of competent authorities as
prescribed in point i clause 2 Article 21 of this Decree;
d) File complaints or
lawsuits against casino-operating enterprises about prize payout results,
denounce cheatings and violations against this Decree and relevant laws;
dd) Enjoy other lawful
benefits prescribed in game rules announced by casino-operating enterprises.
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a) Carry necessary papers
to prove their eligibility to play games under Articles 11 and 12 of this
Decree;
b) Observe the game rules
and relevant internal rules and regulations issued by casino-operating
enterprises and fulfill tax liabilities towards the State according to law;
c) Not use results of
prize-winning games provided by casinos for betting directly with other
gamblers;
d) Not cause disturbance
and disorder at casinos;
dd) Strictly comply with
this Decree and relevant law provisions.
Article 14. Persons allowed to enter and/or leave casinos
1. Persons eligible to
play games as specified in Articles 11 and 12 of this Decree.
2. Employees and staff
members of enterprises who are permitted to enter and/or leave casino
facilities to work as assigned by casino-operating enterprises. The enterprises
shall formulate and announce the updated lists of their employees and staff
members permitted to enter and/or leave their casinos for work.
3. Cadres and public
employees of competent authorities who are assigned to conduct inspections of
the enterprises according to law or in urgent cases to serve the assurance of
the security and social order and safety.
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5. Casino-operating
enterprises shall keep a log or issue electronic cards for controlling all
persons entering and/or leaving casinos. The log books and electronic information shall be retained according to law and satisfy the
requirements for inspection by regulatory bodies.
Article
15. Management of tokens
1. Tokens of each
enterprise must bear separate marks and/or signs for identification and be in
conformity with Article 17 of this Decree. The face value of tokens may
be nominated in Vietnam dong or a freely convertible foreign currency. The
conversion of foreign-currency face
value of tokens shall comply with the guidance
of the State bank of Vietnam. Enterprises must not use tokens of other enterprises for
business.
2. Enterprises shall
strictly manage their tokens according to the guidelines of the Ministry of Finance, thereby determining their turnover, and register token
models, quantity and types with Services of Finance and supervisory tax authorities for surveillance and
management.
3. In case there is a
change in the model, quantity and/or type of the token, within 05 working days
from the day on which such change is made, the enterprise shall re-register
with the Service of Finance and the supervisory
tax authority.
4. Any foreigner or Vietnamese overseas citizen who has
foreign passports issued by a foreign authority and/or a valid
laissez-passer and lawfully enters Vietnam may
exchange tokens for foreign currencies or Vietnam dong if tokens are not fully
used.
Article
16. Management of gaming machines, tables and equipment
1. Gaming machines and
tables used in casinos must conform with the number, types and categories of
prize-winning games that enterprises are licensed to provide and fully satisfy
the technical conditions and
standards specified in this Decree.
2. Gaming machines and
tables which are purchased to be used
at casinos must be brand new and have specifications announced by the
manufactures and certified by an independent inspection organization of a G7
country.
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a) An enterprise may use
equipment simulating a game on the gaming table for training their employees or
testing the conduct of the game. The number of the simulated gaming table for
each category of prize-winning game must not exceed 01;
b) The simulating
equipment must be designed with a particular model and shall be marked as the
simulating equipment for training and placed in a separate room from the
locations of the gaming machines and/or tables at the casino.
c) The gaming table
simulator must not be used for casino business in any shape or form.
4. Minimum payout applicable to slot machines shall be 90%
(including the accumulated prizes) and programmed in the machine. If the payout
is adjusted by the enterprise, it must not be lower than the prescribed minimum
payout. The enterprise shall apply for the re-inspection of the machines before
using them and specify the payout in the game rules.
5. Any enterprise
purchasing gaming machines and/or gaming tables or applying for the inspection
of their gaming machines and/or tables shall request the manufacturers or the
providers of the gaming machines/tables or the independent inspection
organizations to provide sufficiently documents to prove the satisfaction of
requirements specified in this Article. Such documents must be notarized, authenticated or
consularly legalized by competent authorities. Enterprises shall retain such
documents to serve the inspection by regulatory bodies.
Article
17. Purchase, re-export and destruction of gaming machines and/or tables,
tokens and gaming equipment
1. Any enterprise having
the Certificate of eligibility for casino business or enterprise specified
clause 1 Article 62 of this Decree is allowed to purchase gaming machines and
tables, tokens and gaming equipment.
The purchase and/or import of gaming machines/tables,
tokens and gaming equipment shall
comply with laws on export and import and relevant law provisions, this Decree
and guidance of the Ministry of Culture, Sports and Tourism.
2. The number of gaming
machines/tables must not exceed the permitted one and must fully satisfy the
technical conditions specified in this Decree and the contents and images which
are permitted to be published under the guidance of the Ministry of Culture, Sports and Tourism.
3. Any enterprise having the Certificate of eligibility for
casino business or enterprise specified clause 1 Article 62 of this Decree is
allowed to purchase backup equipment for gaming machines and tables, tokens and gaming
equipment for case of necessity. The purchase,
management and use of backup equipment must ensure the following rules:
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b) The backup equipment
must be brand new;
c) The use of backup
equipment for replacement for equipment which is old or damaged must ensure the
non-increase in the quantity, types and categories of the prize-winning game.
4. Within 30 days, the
enterprise shall conduct the re-export or destruction of gaming machines/tables,
tokens and gaming equipment in the following cases:
a) The enterprise
willingly shuts down its business or has its Certificate of eligibility for
casino business revoked;
b) The lifetime of gaming
machines/tables, tokens and gaming equipment set by the manufacturers expires
or these machines/tables, tokens and equipment are damaged and can no longer be
used for normal operation;
c) The gaming
machines/tables, tokens and gaming equipment are no longer used for the
business because they no longer meet the enterprise’s needs or when the
enterprise needs to renew or replace these machines/tables, tokens and
equipment to suit its practical business operation.
5. The destruction of
gaming machines/tables, tokens and gaming equipment must be witnessed and
certified in writing by representatives of the Service of Finance, the Services of Culture, Sports and Tourism and the supervisory tax authority. The re-export of gaming
machines/tables, tokens and gaming equipment shall comply with relevant
applicable law.
6. In the course of use,
if gaming machines are broken or need regular maintenance, the enterprise may
conduct maintenance or repair but must not alter the payout. If the maintenance
or repair of the gaming machines involves parts which change the payout, the
enterprise may hire an independent inspection organization specified in clause
2 Article 16 of this Decree to inspect such machines before putting them into
use.
Article
18. Internal rules and regulations
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a) Provisions on
management of the casino, including: opening and closing time, control of
persons entering and leaving the casino, measures to maintain security and
social order and safety;
b) Provisions on
management of employees working in the casino, including persons working in
and/or managing the casino, responsibilities, obligations and powers of each
division or working position;
c) Provisions on
financial mechanism and token management process;
d) Provisions on the
process of managing, maintaining and repairing gaming machines/tables and
equipment;
dd) Provisions on methods
of settling the relationship between gamblers and gamblers, between gamblers
and the enterprise and between gamblers and employees of the enterprise which
clearly state the methods of settling the disputes arising on the basis of
relevant laws;
e) Other provisions in
accordance with Vietnam’s law to serve the management of the enterprise.
2. The casino-operating
enterprise shall establish an internal control division, specify in writing its
functions, tasks and powers and may run a casino business only after completing
the abovementioned contents in order to control the compliance with internal
management regulations, this Decree and relevant law provisions applicable to
enterprises.
3. At least 15 days
before the day on which the casino is inaugurated, the enterprise shall send
the internal management regulations to the investment registry office and the Ministry of Finance. The enterprise shall retain the internal management
regulations to present them to competent authorities during the inspection
prescribed in this Decree.
Article
19. Internal regulations on anti-money laundering
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2. Enterprises shall promptly
make amendments to internal regulations on anti-money laundering in accordance
with the development of laws, the change in the organizational structure,
the scope and level of money laundering risks. Enterprises shall spread the
internal regulations on anti-money laundering to divisions, officials and
employees responsible for implementing regulations on anti-money laundering.
Article
20. Management of payment and foreign exchange
1. Enterprises may accept
the use of Vietnam dong, cash in
foreign currencies and/or bank cards of
gamblers for exchange for tokens for playing prize-winning games at casinos.
The foreign-currency receipt and spending by enterprises are permitted when
they have been licensed by the State
bank of Vietnam according to regulations in
Chapter IV of this Decree.
2. Enterprises may
collect cash in foreign currencies from their casino business and use such cash in foreign currencies to pay out prizes to gamblers being foreigners and
Vietnamese overseas citizens who have foreign passports issued by competent
foreign authorities or valid laissez-passers and lawfully enter Vietnam who win the games and for other
foreign exchange transactions after being licensed by the State bank of Vietnam
according to regulations in Chapter IV of this Decree.
Article 21. Rights and obligations of casino-operating enterprises
1. A casino-operating
enterprise shall have the following rights:
a) Operate casinos with
the number of gaming machines and tables and types and categories of
prize-winning games conformable to the Certificate of eligibility for casino
business or the Certificate of investment registration applicable to
enterprises as specified in clause 1 Article 62 of this Decree and provisions
of this Decree;
b) Refuse any persons who
are not permitted to enter, leave or play at the casino;
c) Request any person who
violates the game rules, internal rules and internal management regulations of
the enterprise to leave the casino;
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dd) Sign contracts to
hire managers. The hiring of managers and payment of management expenses shall
comply with applicable law and must not exceed the maximum amount prescribed by
the Ministry of Finance.
2. A casino-operating enterprise shall have the following obligations:
a) Comply with law
provisions on casino business;
b) Appoint persons on the
registered list in the application for the Certificate of eligibility for
casino business to manage and/or direct the casino business. In case of change
in the manager and/or director of a casino, the enterprise shall ensure that
the replacement for such manager/director fully satisfies the requirements for
managers/directors of casinos specified in point d clause 1 Article 24 of this
Decree and send written notification of such replacement to the Ministry of Finance, the People's Committee of province, the Service of Finance and
the investment registry office;
c) Provide prize-winning
games with types conformant with the announced game rules;
d) Pay out fully and
promptly prizes to winning gamblers. Certify winnings paid out according to the
actual amount and at the request of the gamblers;
dd) Settle disputes and
complaints of gamblers according to game rules and law;
e) Fulfill tax
obligations and fully comply with relevant law provisions during the business
operation;
g) Take anti-money
laundering measures in accordance with law;
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i) Keep secret about
winning information at the request of the gamblers except information provided
for competent authorities on request to serve the surveillance, inspection and
investigation according to law;
k) Establish divisions to
assist the provision of advices, propagation and education of the awareness and control the behavior
of gamblers at casinos;
l) Establish and apply
regulations on responsible playing in casinos according to law;
m) Establish an information
system and regime for reporting to regulatory bodies of the casino business
according to law;
n) Take responsibility
directly before Vietnam’s law for all the activities in the casino business, even when managers
are hired.
Article
22. Settlement of disputes at casinos
1. Any casino-operating
enterprise shall establish the dispute settlement regulations according to law
to settle disputes between gamblers and the enterprise which arise during the
playing in a casino. Dispute settlement regulations must contain the following
main contents:
a) Disputes subject to
settlement according to the dispute settlement regulations;
b) Responsibilities of
gamblers and the enterprise for reporting and/or reflecting cases in which the
prize-winning game is considered not being carried out according to the game
rules and requesting the enterprise to settle;
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d) Procedures for
settling disputes between gamblers and the enterprise include the provisions of
the sample of the complaint, the complaint receiving division, the time limit
for settling the dispute and competent in the decision on dispute settlement;
dd) Rights, obligations
and responsibilities of gamblers and the enterprise.
2. The enterprise shall
publish the dispute settlement rules by posting publicly at the casinos or on
the enterprise's website (if any) or by giving leaflets to gamblers.
3. If the enterprise and the
gamblers fail to participate in the mediation or do not accept the dispute
settlement results, the gamblers or the enterprise may initiate lawsuits or
apply for arbitral proceedings according to law.
Chapter III
REQUIREMENTS
AND PROCEDURES FOR ISSUANCE OF CERTIFICATE OF INVESTMENT REGISTRATION AND
CERTIFICATE OF ELIGIBILITY FOR CASINO BUSINESS
Article
23. Requirements for issuance of Certificates of registration of investment in
projects on a casino-included entertainment complex
1. The Certificate of registration
of investment in a project on a casino-included entertainment complex shall be
issued only when the following requirements are satisfied:
a) The implementation of
the project of casino has been approved by a competent authority;
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c) The investment in the
project is at least USD 02 billion;
d) There are plans and
measures which are feasible and suitable for Vietnam’s conditions for controlling
and eliminating negative effects of the casino business.
2. The composition of
applications and procedures for the Certificate of registration of investment
in the project on a casino-included entertainment complex shall be conformable
to laws on investment.
3. If the investor is not
required to have a Certificate of investment registration as prescribed in the
laws on investment, the investment project shall be considered by the competent
authority as specified in clause 1 of this Article.
Article
24. Requirements for issuance of the Certificate of eligibility for casino
business
1. Requirements for issuance of the Certificate of eligibility for casino business:
a) The enterprise has the
Certificate of investment registration or decision on investment policy issued
by a competent authority which covers casino business;
b) At least 50% of the
total investment in the project which has been registered in the Certificate of
investment registration or the decision on investment policy has been disbursed;
c) The location of the
casino fully satisfies the requirements specified in clause 2 Article 5 of this
Decree;
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dd) There is a business
plan as prescribed in clause 6 Article 25 of this Decree.
2. Each project on a on a casino-included entertainment
complex may be granted only 01 Certificate of eligibility for casino business
and such Certificate shall be issued to the enterprise registering for
implementing the investment project specified in the Certificate of investment
registration or the decision on investment policy.
3. Before inaugurating a
casino business, the enterprise shall have fulfilled the security and order
conditions applicable to casino business as prescribed by laws.
Article 25. Application for issuance of the Certificate of
eligibility for casino business
An application for issuance of the Certificate of eligibility
for casino business shall contain:
1. An application form
for the Certificate of eligibility for casino business.
2. A certified true copy
of the Certificate of investment
registration or the decision on investment policy which contains the provisions
regarding the casino business and amending
documents thereof (if any) which are issued by competent authorities according
to laws on investment or a non-certified copy enclosed with the original for
comparison.
3. Documents proving that
the capital has been fully disbursed as prescribed in point b clause 1 Article
24 of this Decree.
4. A map of location of
the casino.
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6. A casino business
project containing information of the enterprise, information of the
implementation of the investment project, expected time limit for running
casino business, expected number of gaming machines and/or gaming tables,
categories of prize-winning games to be provided, assessment of business
efficiency, expected needs for foreign currency receipt and spending, measures
to assure social security, order and safety of the casino and plan for
implementing the project.
7. A list of managers and
executive officers of the casino with their criminal records and
authenticated copies or non-authenticated copies enclosed with the originals of
their qualifications to prove their professional capacities.
Article 26. Procedures for issuance of the Certificate of
eligibility for casino business
1. The enterprise shall submit 01 application for the
Certificate of eligibility for casino business to the Ministry of Finance. Within 15 days from the day on which the application is
received, the Ministry of Finance shall notify the enterprise of the adequacy and validity
of the application and request the supplementation (if necessary) and 06 copies
of the application for inspection.
2. Within 60 working days from the day on which the
satisfactory application is received, the Ministry of Finance shall consider issuing the Certificate of eligibility for casino
business. If the application is rejected, the Ministry of Finance
shall send the enterprise a written notification containing the explanation.
3. Procedures for
inspection of the application
a) Within 15 days from
the day on which the satisfactory application is received, the Ministry of Finance shall request in writing the opinions of relevant
authorities, including the Ministry of
Planning and Investment, the Ministry of
Public Security, the Ministry of
Culture, Sports and Tourism, the State bank of Vietnam and People's Committees of the province where the
enterprise’s casino is intended to be opened;
b) Within 15 days from
the day on which the request for opinions is received, the receiving authority
shall send writings containing opinions to the Ministry of Finance
and take responsibility for its opinions.
c) After receiving the
opinions from the relevant Ministries specified in point a clause 3 of this
Article, the Ministry of Finance shall collect opinions and consider whether or not to
issue the Certificate of eligibility for casino business.
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Pursuant to provisions of
this Decree and relevant law
provisions, the Ministry of Finance
and relevant authorities shall conduct the inspection of the applications
according to the requirements specified in clause 1 Article 24 of this Decree.
Article 27. Certificate of eligibility for casino business
1. A Certificate of eligibility for casino business must have the following contents:
a) Name and address of
the enterprise applying for the Certificate of eligibility for casino business;
b) Number and date of
issue of the Certificate of investment registration or the decision on
investment policy;
c) Legal representative
of the enterprise;
d) The maximum number of
gaming machines and/or gaming tables that the enterprise may install;
dd) Location of the
casino and the surrounding area in the casino-included entertainment complex;
e) Effective period;
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2. The Certificate of
eligibility for casino business shall specify its effective period on the basis
of the application of the enterprise which must not exceed the effective period
of the Certificate of investment registration or the decision on investment
policy and not exceed 20 years from the day on which the Certificate of
investment registration or the decision on investment policy, excluding the
cases specified in Article 62 of this Decree.
Article 28. Reissuance of Certificate of eligibility for
casino business
1. If the Certificate of
eligibility for casino business of is lost or damaged by natural disaster or
due to other objective reasons, the owner enterprise shall apply for reissuance
of the Certificate of eligibility for casino business.
2. An application for reissuance of a Certificate of eligibility for casino business
shall contain:
a) An application form
for reissuance of the Certificate of eligibility for casino business;
b) A certified true copy
of the Certificate of investment registration or the decision on investment
policy which contains the provisions regarding the casino business and amending
documents thereof (if any) which are issued by competent authorities according
to laws on investment or a non-certified copy enclosed with the original for
comparison;
c) A certified true copy
of the Certificate of eligibility for casino business which is lost or damaged
(if any).
3. Procedures for reissuance of the Certificate of eligibility for
casino business
The enterprise
shall submit 01 application for reissuance of the Certificate of eligibility for casino business
to the Ministry of Finance. Within 15 days
from the day on which the satisfactory application is received, the Ministry of Finance shall preside over and cooperate with relevant authorities
specified in clause 3 Article 26 of this Decree in considering reissuing the
Certificate of eligibility for casino business which specify the time of
reissuance. The number of the reissued Certificate
of eligibility for casino business shall be
the number of the formerly issued certificate.
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Article 29. Modification of the Certificate of eligibility
for casino business
1. Any enterprise wishing
to modify a content of a Certificate of eligibility for casino business
specified in clause 1 Article 27 of this Decree shall apply for modification of
the Certificate. Particularly for the change in the maximum number of gaming
machines and/or gaming tables allowed to be used by the enterprise, the
enterprise must satisfy the conditions specified in clause 3 Article 8 of this
Decree.
2. An application for modification of the Certificate of eligibility for casino
business shall contain:
a) An application form
for modification of the Certificate of eligibility for casino business;
b) A certified true copy
of the Certificate of investment registration or the decision on investment
policy which contains the provisions regarding the casino business and amending
documents thereof (if any) which are issued by competent authorities according
to laws on investment or a non-certified copy enclosed with the original for
comparison;
c) A certified true copy
of the Certificate of eligibility for casino business;
d) Documents proving that
the modification is conformant with the regulations in this Decree and relevant law provisions.
3. Procedures for modification of the Certificate of eligibility for casino
business
The enterprise
shall submit 01 application for modification of the Certificate of eligibility for casino business to the Ministry of Finance. Within 30 days from the day on
which the satisfactory application is received, the Ministry of Finance shall
preside over and cooperate with relevant authorities specified in clause 3
Article 26 of this Decree in considering issuing
a modified Certificate of eligibility
for casino business which specify the time of
modification.
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Article 30. Extension of Certificate of eligibility for
casino business
1. Only Certificates of eligibility
for casino business of large-scale casino-operating enterprises defined in
clause 15 Article 2 of this Decree shall be considered extending.
2. Any large-scale
casino-operating enterprise having a Certificate of eligibility for casino
business expired according to regulations in this Decree which wishes to
continue the casino business shall apply for extension of the Certificate at
least 06 months before the Certificate expires.
3. Requirements for extension of a Certificate of eligibility for casino business:
a) The current
Certificate of eligibility for casino business shall be effective for at least
06 more months before the time of application for the extension;
b) The requirements
specified in points a, c and d clause 1 Article 24 of this Decree are
satisfied;
c) The casino business is
concluded conformant by a regulatory body upon the nearest periodic inspection
according to regulations in clause 3 Article 60 of this Decree.
4. An application for extension of a Certificate of eligibility for
casino business shall contain:
a) An application form
for extension of the Certificate of eligibility for casino business;
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c) Documents specified in
clauses 2, 4, 5 and 7 Article 25 of this Decree;
d) A certified true copy
of the record of the regulatory body’s conclusion about the nearest periodic inspection
as prescribed in clause 3 Article 60 of this Decree.
5. Procedures for
extension of the Certificate of eligibility for casino business shall be
conformant with regulations in clauses 1, 2 and 3 Article 26 of this Decree.
6. Inspection contents
Pursuant to
provisions of this Decree and relevant law provisions, the Ministry of Finance
and relevant authorities specified in clause 3
Article 26 of this Decree shall
conduct the inspection of the applications according to the requirements
specified in clause 3 of this Article.
7. A Certificate of
eligibility for casino business shall be extended according to the application
of the enterprise by a period not exceeding the effective duration of the
Certificate of investment registration or the decision on investment policy and
not exceeding 10 years from the day on which the Certificate of eligibility for
casino business is extended.
Article 31. Revocation of Certificate of eligibility for
casino business
1. The Certificate of
eligibility for casino business of an enterprise shall be revoked in any of the
following cases:
a) The operation has not
been carried out for 12 months from the date of issue of the Certificate of
eligibility for casino business;
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c) The Certificate of
investment registration or decision on investment policy is revoked;
d) The enterprise is
concluded not satisfying the requirements for issuance of the Certificate of
eligibility for casino business by a competent authority according to point a
clause 3 Article 60 of this Decree;
dd) The enterprise is
concluded violating all the regulations on casino business by a competent
authority according to point b clause 3 Article 60 of this Decree.
2. Certificates of
eligibility for casino business specified in point b and c clause 1 of this
Article shall automatically expire and be revoked.
3. The Ministry of Finance
shall preside over and cooperate with relevant agencies specified in clause 3
Article 26 of this Decree deciding on the revocation of Certificates of
eligibility for casino business for cases specified in points a, d and dd
clause 1 of this Article. Such decisions shall be sent to the enterprise 10
days before the date of revocation.
4. The enterprise shall
immediately terminate the casino business at the time the Certificate of
eligibility for casino business is revoked.
5. The decision on
revocation of the Certificate of eligibility for casino business of the
enterprise shall be published on means
of mass media by the Ministry of Finance.
Chapter IV
PROCEDURES
FOR ISSUANCE OF LICENSE FOR FOREIGN CURRENCY RECEIPT AND EXPENDITURE AND OTHER
FOREIGN EXCHANGE TRANSACTIONS
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1. After receiving the
Certificate of eligibility for casino business issued by the competent
authority, any enterprise wishing to receive and spend foreign currencies and
participate in a foreign exchange
transaction specified in this Decree shall
submit directly or send by post 02 applications to provincial branches of the State Bank of the place where the casino is located. The application shall contain:
a) An application form
for the License for foreign currency receipt or expenditure and other foreign exchange transactions (hereinafter referred to as the License);
b) A certified true copy
or a copy enclosed with the original of the Certificate of investment
registration or the decision on investment policy;
c) A certified true copy
or a copy enclosed with the original of the Certificate of eligibility for
casino business;
d) A set of regulations
on internal management and controlling of foreign currency receipt and
expenditure signed by the representative
at law of the enterprise.
2. Within 15 days from
the day on which the applications are received, the provincial branch of the State Bank shall check the adequacy and validity of the applications
and send 01 of them to the State bank
of Vietnam in association with a document
containing its opinion of the application.
3. Within 30 days from
the day on which the application is received, the State bank of Vietnam
shall consider issuing the License. If the application is rejected, the State bank of Vietnam shall send the applicant a document containing the
explanation.
4. The effective period
of the License shall be in accordance with the effective period of the
Certificate of eligibility for casino business and not exceed 20 years from the
day on which such Certificate takes effect.
Article
33. Procedures for reissuance, modification and extension of the License
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a) If the License is lost
or damaged of natural disaster or fire or due to other objective reasons, the
enterprise shall submit directly or send by post 02 applications for reissuance
of the License to a provincial branch
of the State Bank of the place where the
casino of the enterprise is located.
The application shall contain:
- An application form for
reissuance of the License which contains the reasons for reissuance;
- A certified true copy or a copy enclosed with the original
of the Certificate of investment registration or the decision on investment
policy;
- A certified true copy or a copy enclosed with the original
of the Certificate of eligibility for casino business;
- A certified true copy or a copy enclosed with the original
of the issued Certificate which is still
effective (if any);
- Documents proving the
loss or damage of the License (if any);
b) The application shall
be sent to the State bank of Vietnam according to regulations in clause 2 Article 32 of this
Decree;
c) The License shall be
issued according to regulations in clause 3 Article 32 of this Decree;
d) The expiry date of the
License shall be the expiry date of the formerly issued License.
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a) An enterprise may have
its License modified in the following cases:
- Change in the name of
the enterprise;
- Change in the bank
permissible to provide foreign
exchange services at which the enterprise
opens the specialized account for use of foreign currencies;
- Change in the remaining
amount of cash in foreign currencies.
b) Any enterprise wishing
to modify the content of the License shall submit directly or send by post 02
applications for modification of the License to the provincial branch of the State Bank of the place where the enterprise’s casino is located. The application shall contain:
- An application form for modification of the License which contains the reasons for modification;
- A certified true copy or a copy enclosed with the original
of the issued Certificate which is still effective;
- Documents proving that
the contents being modified are conformable to the provisions of point a clause
2 of this Article (if any).
c) The application shall
be sent to the State bank of Vietnam according to regulations in clause 2
Article 32 of this Decree;
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dd) The expiry date
of the License shall be the expiry date of the formerly issued License.
e) Regarding the change
in the bank permissible to provide foreign exchange services at which the
enterprise opens the specialized account for use of foreign currencies, within
05 working days from the day on which the License is modified, the enterprise
shall open a new specialized accounted and transfer the remaining foreign
currencies from the current specialized account to the new one or to a foreign
currency payment account and conduct the procedures for closing the current
specialized account and send report the transfer to the State bank of Vietnam;
g) Within 05 working days
from the day on which the License is modified, the enterprise shall send the
original of the formerly issued License to the State bank of Vietnam.
3. Extension of the
License
a) When the License
issued by the State bank of Vietnam expires, the enterprise shall submit directly or send by
post 02 applications for extension of the License to the branch of the State Bank of
the place where the enterprise’s casino is located. An application for
extension of the License shall include:
- An application form for
extension of the License;
- A certified true copy or a
copy enclosed with the original of the License with is effective for at least
01 more month before the time of application for extension;
- Documents specified in
points b and c clause 1 Article 32 of this Decree;
b) The application shall
be sent to the State bank of Vietnam according to regulations in clause 2
Article 32 of this Decree;
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d) The License shall be
extended by a period in accordance with the effective period of the Certificate
of eligibility for casino business;
dd) Within 05 working days from the day on which the License
is extended, the enterprise shall send the original of the formerly issued License to the
State bank of Vietnam.
Article
34. Revocation of the License
The State bank of Vietnam
shall revoke the License of the enterprise in any of the following cases:
1. The application for
the License contains information that has been falsified.
2. The enterprise fails
to conduct the foreign currency receipt and/or expenditure and other foreign exchange transactions within 12 months from the date of issue of the License.
3. The enterprise is
divided, mergered, amalgamated, dissolved or bankrupt according to laws.
4. The enterprise has the
Certificate of investment registration or decision on investment policy or the
Certificate of eligibility for casino business revoked by a competent
authority.
5. The enterprise has
been imposed administrative penalties for administrative
violations pertaining to foreign exchange
management for at least 03 times.
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1. Time limit for
transformation
Enterprises specified in
clause 1 Article 62 of this Decree which have been permitted by the State bank of Vietnam to conduct the receipt and expenditure of cash in foreign currencies in the casino business may continue such receipt and
expenditure according to the written approval. In case of need, the enterprise
may apply for transformation of the written approval into the License.
2. Composition of
applications and procedures for transformation
a) The enterprise shall
submit directly or send by post 02 applications for the License to the branch of the State Bank of the place where the casino is located. The application shall contain:
- An application form for transformation
into the License;
- A certified true copy or a copy enclosed with the original
of the Certificate of investment registration or the decision on investment
policy;
- A certified true copy or a copy enclosed with the original
of the Certificate of eligibility for casino business (if any);
- A set of regulations on internal management and controlling
of foreign currency receipt and expenditure signed by the representative at law
of the enterprise;
- The issued written
approval for the receipt and expenditure of cash in foreign currencies
and other foreign exchange
transactions;
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b) The application shall
be sent to the State bank of Vietnam according to regulations in clause 2
Article 32 of this Decree;
c) The License shall be
issued according to regulations in clause 3 Article 32 of this Decree.
Chapter V
INFORMATION,
ADVERTISING AND SALES PROMOTION
Article
36. Provision of information
1. The enterprise shall
post fully the rules for entering or leaving the casino and publish fully the
game rules and regulations on dispute settlement at the casino.
2. The enterprise shall
provide information and figures relevant to casino business for competent
authorities on request to serve the supervision, inspection and investigation
according to laws.
3. The enterprise shall
take responsibility for the accuracy and honesty of the information published
and provided.
Article 37. Advertising
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2. The advertising of
activities relevant to casino business must comply with laws on advertising. Advertisement contents:
a) Name and address of
the enterprise;
b) Names of prize-winning
games;
c) Persons eligible to
play games at the casino as specified in Articles 11 and 12 of this Decree.
3. The advertising shall be performed on panels and/or signboards
and located in casinos, provided that people not entering the casinos will not
hear or see the advertisement contents. Apart
from the form specified in this clause, the enterprise must not perform the
adverting of casino business in any shape
or form.
4. Apart from the
advertising forms specified in clause 3 of this Article, any casino-operating
enterprise satisfying regulations in Article 12 of this Decree may perform the
advertising in an entertaining program on electronic equipment of an
international flight or in the secure area of an international airport or an
international port within the period of pilot permission for Vietnamese
citizens to play in casinos.
Article
38. Discount and sales promotion
Casino-operating
enterprises may give discounts for gamblers or conduct sales promotion
activities according to applicable laws on taxes and relevant law provisions.
Chapter VI
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Article
39. Financial regime
1. Fiscal years of the
enterprise shall be conformable to laws on accounting.
2. Casino-operating
enterprises are not eligible for incentives for taxes, charges and fees
directly related to the purchase of gaming machines, gaming tables, gaming
equipment and taxes, charges and fees payable from casino business. Tax, charge and fee incentives for
other investment and business activities shall be accordance with the
applicable law provisions.
3. Enterprises shall
perform tax obligations towards the State under applicable laws on taxes.
4. The Ministry
of Finance shall provide guidance on the financial management
according to the particular characteristics of casino business.
Article
40. Revenue and tax management
1. Any casino-operating
enterprise shall arrange a place in the casino with necessary means and equipment
for performing the tasks of management and surveillance directly or via
electronic equipment and camera system.
2. Officials of
regulatory bodies shall supervise directly or via electronic equipment and
camera system transactions conducted at the casino which relevant to currencies
and/or tokens. Such transactions shall be recorded and reported to relevant
regulatory bodies.
3. The inventorying and
calculation of transactions performed at cashier area and/or areas for counting
and storing cashes and tokens shall be recorded in minutes and conducted under
the surveillance of a regulatory body directly or via electronic equipment and
camera system;
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Article 41. Accounting and
reporting regimes
1. Accounting regime and financial statement
for enterprises shall be in accordance with law and the guidance of the Ministry of Finance.
2. Enterprises shall
separately account the turnovers and expenses related to casino business.
Enterprises shall allocate the turnovers and expenses are associated with other
business activities under the guidance of the Ministry of Finance.
3. The reporting on the
professional operations of enterprises shall be conformable to regulations of the Ministry of Finance.
Article
42. Audit and disclosure of financial statements
1. Annual financial statements of casino-operating enterprises must be annually audited.
2. At the end of a fiscal
year, casino-operating enterprises shall disclose their financial statements
according to law.
Chapter VII
PENALTIES
FOR ADMINISTRATIVE VIOLATIONS
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1. Chapter VII of this
Decree provides for the administrative violations, forms and levels of
penalties and remedial measures, powers to impose penalties and level of pecuniary
penalties according to each position in casino business.
2. Administrative violations against regulations pertaining to other sectors relevant to casino business
shall the handled according to documents providing for such sectors.
Article
44. Penalties for administrative violations and remedial measures
1. Penalties for
administrative violations include:
a) Warnings;
b) Pecuniary penalties.
A fine not exceeding VND
100,000,000 or VND 200,000,000 shall be imposed respectively on any individual
or organization committing an administrative
violation against regulations on casino
business;
The fine imposed on
administrative violations specified in this Decree shall be applicable to
organizations, except the provisions of Article 51 of this Decree which are
applicable to individuals.
The fine imposed on
individuals shall be a half as much as that imposed on organizations,
applicable to administrative violations specified in this Decree.
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a) Limited suspension of
the Certificate of eligibility for casino business;
b) Confiscation of
exhibits and means used for the administrative violation.
3. Apart from penalties
specified in clause 1 and clause 2 of this Article, depending on the nature and severity of the violations, the organizations and/or individuals committing the
violations may incur one or multiple remedial
measures as follows:
a) Forcible restoration
of the original condition;
b) Forcible re-export or
destruction of gaming machines, tables and equipment and tokens;
c) Forcible destruction
of falsified, forged or counterfeited documents;
d) Forcible correction of
reported information and data which are untruthful, insufficient or misleading;
dd) Forcible transfer of illegal
earnings from administrative violations to the state budget.
Article 45. Violation
against regulations on composition of applications for Certificate of
eligibility for casino business
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2. A fine of from VND 40,000,000 to VND 50,000,000 shall be
imposed on any entity that forges or
counterfeit documents in the
applications for issuance, reissuance, modification or extension of
the Certificate of eligibility for casino business.
3. Additional penalties:
A 03 to 06 – month
suspension of the Certificate of eligibility for casino business shall be
imposed on any administrative violation specified in this Article.
4. Remedial measures:
Forcible destruction of
falsified, forged or counterfeited documents, applicable to administrative
violations specified in this Article.
Article 46. Violation against regulations on for
Certificate of eligibility for casino business
1. A fine of from VND 40,000,000 to VND 60,000,000 shall be
imposed on the falsification of the
Certificate of eligibility for casino business.
2. A fine of from VND 130000,000 to VND 150,000,000 shall be imposed on the lease out, lending or transfer of the Certificate of eligibility for casino business.
3. A fine of from VND
180,000,000 to VND 200,000,000 shall be imposed on casino business without a
Certificate of eligibility for casino business, except enterprises specified in
clause 1 Article 62 of this Decree.
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a) A 03 to 06 - month
suspension of the Certificate of eligibility for casino business shall be
imposed on the administrative violation specified in clause 1 of this Article.
b) A 06 to 12 - month
suspension of the Certificate of eligibility for casino business shall be
imposed on the administrative violation specified in clause 2 this Article.
5. Remedial measures:
Forcible transfer of illegal
benefits from the administrative violations specified in clauses 2 and 3 of
this Article to the state budget.
Article
47. Violations against regulations on location of casinos
1. A fine of from VND
90,000,000 to VND 100,000,000 shall be imposed on any location of casino
unconformable to the requirements provided for by law.
2. A fine of from
VND 180,000,000 to VND 200,000,000 shall be imposed on casino business run at a place which is not licensed by a
competent authority according to law.
3. Additional
penalties:
a) A 03 to 06 - month
suspension of the Certificate of eligibility for casino business shall be
imposed on the administrative violation specified in clause 1 of this Article;
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4. Remedial
measures:
Forcible
restoration of original location of the casino which fully satisfy the requirements prescribed by
laws and is licensed by the competent
authority.
Article
48. Violations against regulations on the number of gaming machines, gaming
tables and types and categories of prize-winning games
1. A fine of from VND
130,000,000 to VND 150,000,000 shall be imposed on the provision of a
prize-winning game unconformable to the types and categories prescribed by law
and this Decree.
2. A fine of from VND
180,000,000 to VND 200,000,000 shall be imposed on the use of gaming machines
and/or gaming tables with the quantity exceeding the one allowable by law and
this Decree.
3. Additional penalties:
A 06 to 12 - month suspension
of the Certificate of eligibility for casino business shall be imposed on the
administrative violation specified in clause 2 this Article.
4. Remedial measures:
a) Forcible destruction
or re-export of gaming machines and/or gaming tables serving prize-winning
games with the quantity, types and/or categories unconformable to law;
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Article
49. Violations against regulations on establishment and announcement of game
rules
1. A fine of from VND
60,000,000 to VND 90,000,000 shall be imposed on the failure to announce the
game rules as prescribed in clause 2 Article 10 of this Decree.
2. A fine of from VND 100,000,000 to VND 180,000,000 shall be imposed on the failure to establish the game
rules as precribed in clause 1 Article 10 of this Decree.
3. Additional penalties:
A 06 to 12 - month suspension
of the Certificate of eligibility for casino business shall be imposed on the
administrative violation specified in clause 2 this Article.
Article
50. Violations against regulations on the surveillance and management of persons
permitted to enter and/or leave a casino
1. A fine of from VND
90,000,000 to VND 100,000,000 shall be imposed on the failure to keep
monitoring book or issue e-card for controlling the persons permitted to enter
and/or leave a casino.
2. A fine of from VND
180,000,000 to VND 200,000,000 shall be imposed on any enterprise that permits
a person to enter and/or leave a casino in contravention of law.
3. Additional penalties:
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b) A 06 to 12 - month
suspension of the Certificate of eligibility for casino business shall be
imposed on the administrative violation specified in clause 2 this Article.
4. Remedial measures:
Forcible transfer of illegal benefits from the administrative
violations specified in this Article to the
state budget.
Article
51. Violations against regulations on obligations of gamblers
1. A warning shall be
imposed on any person committing any of the following violations:
a) Failure to comply with
the game rules announced by the enterprise;
b) Failure to comply with
the casino’s rules announced by the enterprise;
c) Failure to comply with
the internal rules announced by the enterprise.
2. A fine of from VND
20,000,000 to VND 30,000,000 shall be imposed on any person who causes the
disturbance and disorder at a casino.
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4. Additional penalties:
Forcible transfer of
illegal benefits from the administrative violations specified in clause 3 of this
Article to the state budget.
Article
52. Violations against regulations on management of tokens
1. A fine of from VND
40,000,000 to VND 50,000,000 shall be imposed on any enterprise that uses
tokens which do not fully satisfy the technical
standards specified in this Decree.
2. A fine of from VND
50,000,000 to VND 70,000,000 shall be imposed on any enterprise that fails to
register its tokens with a regulatory body according to regulations.
3. A fine of from VND 90,000,000 to VND 100,000,000 shall be
imposed on any enterprise that uses tokens of
another enterprise or other than those registered with the regulatory bodies.
4. A fine of from VND
90,000,000 to VND 100,000,000 shall be imposed on any Vietnamese citizen
playing in casino who fails to exchange Vietnam dong for tokens or exchange
remaining or winning tokens for Vietnam dong.
5. Additional penalties:
a) A confiscation of all
the tokens shall be imposed on violations specified in clause 1 and clause 3 of
this Article;
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Article 53. Violations against regulations on management of
gaming machines, tables and equipment
1. A fine of from VND
40,000,000 to VND 50,000,000 shall be imposed on any enterprise that fails to
keep books for management of gaming machines, tables and equipment.
2. A fine of from VND
60,000,000 to VND 70,000,000 shall be imposed on any enterprise that imports
and/or manages spare equipment in contravention of law.
3. A fine of from VND 90,000,000 to VND 100,000,000 shall be
imposed on any enterprise using gaming
machines and/or tables which do not fully satisfy the
requirements specified in Article 16 of this Decree;
4. Additional penalties:
Confiscation of all the
unconformable gaming machines, tables and equipment, applicable to violations
specified in clause 2 and clause 3 of this Article.
5. Remedial measures:
Forcible transfer of
illegal benefits from the administrative violations specified in clauses 2 and
3 of this Article to the state budget.
Article
54. Violations against regulations on internal control and managers and
directors of casinos
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2. A fine of from VND
90,000,000 to VND 100,000,000 shall be imposed on any enterprise that fails to
establish an internal control division according to law.
3. A fine of from VND 180,000,000 to VND 200,000,000 shall be imposed on any enterprise that appoints a casino’s manager and/or
director who fails to fully satisfy the requirements prescribed by law.
4. Additional penalties:
A 06 to 12 -
month suspension of the Certificate of eligibility for casino business shall be
imposed on the administrative violation specified in clause 3 this Article.
Article
55. Violations against regulations on prize payout and certification of
winnings
1. A fine of from VND
10,000,000 to VND 20,000,000 shall be imposed on any entity that intentionally
delays the payout of a prize to a gambler without plausible reasons.
2. A fine of from VND
90,000,000 to VND 100,000,000 shall be imposed on any entity that certifies a
winning for ineligible person or of a value different from the actual winning
value.
3. Additional penalties:
A 03 to 06 -
month suspension of the Certificate of eligibility for casino business shall be
imposed on the administrative violation specified in clause 2 this Article.
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a) Forcible payout of the
prize to the gamblers at his/her request or in accordance to the game rules;
b) Forcible revocation of
the written certification of winnings, applicable to the violations specified in
clause 2 of this Article.
Article
56. Violations against regulations on information provisions
1. A fine of from VND
40,000,000 to VND 50,000,000 shall be imposed on any entity that announce or
provide insufficient or inaccurate information.
2. Remedial measures:
Forcible correction of
the information which has been announced and/or provided insufficiently and/or
inaccurately.
Article
57. Violations against regulations on discount, sales promotion and financial
management regime
1. A fine of from VND 60,000,000
to VND 70,000,000 shall be imposed on any entity that fails to comply with the financial management
regime prescribed by the competent authority.
2. A fine of from VND
90,000,000 to VND 100,000,000 shall be imposed on any entity committing
violations against regulations on discounts and/or sales promotion provided for
in this Decree.
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Forcible transfer of
illegal benefits from the administrative violations specified in this Article to the state budget.
Article
58. Power to impose penalties
for administrative violations and power to
keep administrative violation records
1. Financial inspectors
of all levels who are on duty shall be entitles to impose warnings.
2. Powers of Chief Inspectors
of Services of Finance:
a) Impose warnings;
b) Impose a fine up to
VND 50,000,000;
c) Impose the
confiscation of exhibits and/or means used for committing the violations whose
value does not exceed the fine specified in point b of this clause;
d) Take a remedial measure
specified in clause 3 Article 44 of this Decree.
3. Powers of the Leader
of the specialized inspectorate of the
Ministry of Finance:
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b) Impose a fine up to
VND 140,000,000;
c) Impose the
confiscation of exhibits and/or means used for committing the violations whose
value does not exceed the fine specified in point b of this clause;
d) Take a remedial
measure specified in clause 3 Article 44 of this Decree.
4. Powers of Chief Inspector of the Ministry of Finance:
a) Impose warnings;
b) Impose a fine up to
VND 200,000,000;
c) Impose a limited
revocation of the Certificate of eligibility for casino business as prescribed
in this Decree;
d) Impose a confiscation
of exhibits and means used for committing the administrative violations;
dd) Take a remedial measure specified in clause 3 Article 44
of this Decree.
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6. Apart from the persons
with power to impose penalties specified in Clauses 1, 2, 3 and 4 of this
Article, any person having the power to impose penalties for administrative violations and working at a People's Committee of province or a
police office according to law who, within his/her functions and tasks, finds
an administrative violation in such sector or in the area under his/her
management may apply regulations in this Decree to impose penalties.
7. When finding an administrative violation, the person entitled to impose penalties for administrative violations as specified in this Article who is on duty shall promptly
handle the
administrative violation according to this Decree and applicable law on handling of administrative violations.
Chapter VIII
STATE
MANAGEMENT AND INSPECTION
Article
59. Management of casino business
1. The Government shall
unify the state management of casino business and promulgate policies on
adjustment of casino business according to the competence.
2. The Prime Minister
a) Grant approval for policies and
promulgate legislative documents and necessary measures according to competence to manage
casino business according to this Decree and relevant law provisions;
b) Approve the quantity
of gaming machines and tables and adjust the maximum quantity of gaming
machines and tables applicable to the projects on casino-included entertainment
complexes prescribed in Article 7 and Article 8 of this Decree;
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3. The Ministry of Finance
shall take responsibility before the Government for state management of casino
business. To be specific:
a) Study, establish and
request competent authorities to promulgate policies on casino business and promulgate
and provide guidance on the implementation of legislative documents
about casino business intra vires;
b) Send opinions about
the maximum quantity of gaming machines/tables for projects on casino-included
entertainment complexes prescribed in Article 7 and Article 8 of this Decree;
c) Preside over and
cooperate with relevant Ministries and regulatory bodies to consolidate
information and assess the pilot permission for Vietnamese citizens to play in
casinos as prescribed in Article 12 of this Decree;
d) Carry out the
issuance, reissuance, modification, extension and revocation of Certificates of
eligibility for casino business according to regulations in this Decree;
dd) Conduct inspections
and handle violations against regulations on the casino business prescribed in
this Decree;
e) Carry out other tasks
prescribed by law.
4. The Ministry of Planning and Investment
a) Preside over and
cooperate with relevant Ministries and regulatory bodies in requesting the
Prime Minister to decide on the policies on investment in projects on
casino-included entertainment complexes according to laws on investment and
this Decree;
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c) Cooperate with
Ministries, regulatory bodies and local governments in the management,
surveillance and inspection of casino business;
d) Carry out other tasks
prescribed by law.
5. The Ministry of Public Security
a) Take responsibility
for the security and social order and safety in casino business according to
law;
b) Promulgate or request competent authorities to promulgate or amend legislative
documents and provide guidance and inspection
of the compliance with law on ensuring the security and social order and safety
in casino business;
c) Preside over and
cooperate with relevant agencies,
organizations and individuals in fighting
against violations pertaining to money laundering in casino business according
to law;
d) Preside over and
cooperate with relevant agencies and organizations in fighting against illegal
gambling and other violations against law provisions;
dd) Cooperate with the Ministry of Finance in considering the
issuance, reissuance, modification, extension and revocation of Certificates of
eligibility for casino business according to regulations in this Decree;
e) Cooperate with
Ministries, regulatory bodies and local governments in the management,
surveillance and inspection of casino business;
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6. The Ministry of Culture, Sports and Tourism
a) Provide guidance on
the management and inspection of the contents of and images showed on gaming
machines, gaming tables, tokens and gaming equipment to suit the Vietnamese
habits, customs and esthetic sense according to law;
b) Cooperate with the
Ministry of Finance in considering the issuance, reissuance, modification,
extension and revocation of Certificates of eligibility for casino business
according to regulations in this Decree;
c) Cooperate with
Ministries, regulatory bodies and local governments in the management, surveillance
and inspection of casino business;
d) Carry out other tasks
prescribed by law.
7. The Ministry of Information and Communications
a) Direct Internet service providers, network infrastructure providers, online social network
service providers and telecommunication service providers to actively prevent
the provision and not to provide prize-winning game services via computer
network, telecommunications network or the Internet;
b) Cooperate with the
Ministry of Public Security and relevant ministries and authorities in
preventing the provision of prize-winning game services via computer network, telecommunications network and the Internet from foreign countries to Vietnam;
c) Carry out other tasks
prescribed by law.
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a) Carry out the
issuance, reissuance, modification, extension, transformation and revocation of
the License for foreign currency receipt and expenditure and other foreign
exchange transactions relevant to casino business specified in this Decree;
b) Manage the receipt and
use of foreign currencies by casino-operating enterprises according to law;
c) Cooperate with the
Ministry of Finance in considering the issuance, reissuance, modification,
extension and revocation of Certificates of eligibility for casino business
according to regulations in this Decree;
d) Preside over and
cooperate with relevant agencies, organizations and individuals in anti-money
laundering in casino business according to law;
dd) Cooperate with Ministries, regulatory bodies and local
governments in the management, surveillance and inspection of casino business;
e) Carry out other tasks
prescribed by law.
9. The Ministry of Industry and Trade
Manage the sales promotion activities of casino-operating enterprises
according to law.
10. The Ministry of Labor, War Invalids and Social Affairs
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11. People's Committees of provinces
a) Cooperate with the
Ministry of Finance in considering the issuance, reissuance, modification,
extension and revocation of Certificates of eligibility for casino business
according to regulations in this Decree;
b) Take responsibility
for the management, surveillance and inspection to ensure that the casino
business in local area fully complies with this Decree and law;
c) Direct relevant
agencies which are under their management to carry out the management,
surveillance and inspection of the casino business in local area regularly;
d) Carry out other tasks
prescribed by law.
Article
60. Inspection
1. The inspection by
regulatory bodies may be conducted periodically or irregularly. Irregular
inspection shall be carried out only when the enterprises denote violations,
when it is required for handling complaints and denunciations or fighting
against misappropriation or when it is assigned by competent authorities.
2. People's Committees of provinces shall annually conduct periodic inspection of the
compliance with regulations on requirements for operating casinos during the
enterprise’s casino business. The periodic inspection shall be conducted not
exceeding once per year for each enterprise.
3. The Ministry of Finance shall preside over and cooperate
with the Ministry of Planning and Investment, the Ministry of Public Security
and the Ministry of Culture, Sports and Tourism and relevant Ministries and
regulatory bodies and People's Committees of provinces of the place where the casino is located
conducting inspection every 02 years for considering the ability of maintenance
or revocation of the Certificate of eligibility
for casino business of the enterprise
or request a competent authority to consider handling according to laws.
Inspection contents:
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Particularly for
enterprises specified in clause 1 Article 62 of this Decree, the compliance with the
requirements for operating casinos licensed by competent authorities according to laws.
b) The full compliance
with regulations on casino business according to this Decree, including the
following main contents:
- The management of gaming machines and tables, tokens and gaming equipment;
- The management of persons allowed to play in casinos and persons
allowed to enter or leave casinos as prescribed in this Decree;
- The compliance with
internal management rules, financial mechanism and game rules;
- The management of foreign exchange
and the compliance with law on anti-money laundering;
- The compliance with law
on finance, accounting and the State
budget remittance obligations.
4. The Ministry of Finance,
People's Committees of provinces and Police offices
of provinces or higher levels shall decide on irregular inspection when
finding violations against regulations on persons allowed to play games and security and social
order and safety or when receiving a denunciation relevant to the enterprise.
5. The inspection of the
fulfillment of tax liability by the enterprise shall comply with in accordance with regulations of law on taxation.
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During the conduct of the
management and inspection of a casino, the regulatory bodies specified in this
Decree shall be entitled to:
1. Approach all the rooms
in the casino.
2. Request the
casino-operating enterprise and relevant individuals to provide documents, data
and information to serve the management and inspection.
3. Request the enterprise
to suspend partially or wholly the casino business if such regulatory body has
sufficient ground that the enterprise violates seriously law regulations and
send written notification to the issuer of the Certificate of eligibility for
casino business of the case for cooperation in inspection and handling according
to regulations.
Chapter IX
IMPLEMENTARY
CLAUSE
Article 62. Transitional provisions
1. Any enterprise having
gained the Certificate of investment registration containing provision for the
casino business run before the effective date of this Decree and having been
operating the casino may continue the casino business according to the issued
Certificate of investment registration.
If necessary, the enterprise may apply for the Certificate of eligibility for casino business
as follows:
a) An application for a
Certificate of eligibility for casino business shall contain:
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- A certified true copy or a
copy enclosed with the original of an effective
Certificate of investment registration which covers
casino business and the modified Certificate of investment registration (if any);
- Documents specified in clauses 4, 5, 6 and 7 Article 25 of
this Decree.
b) The enterprise shall submit
01 application for the Certificate of eligibility for casino business to the
Ministry of Finance. Within 15 days
from the day on which the satisfactory application is received, the Ministry of
Finance shall check the composition of the
application and decide on the issuance of the Certificate of eligibility for
casino business to the enterprise,
where:
- The number of gaming machines and/or gaming tables that the enterprise uses shall not exceed the number of
gaming machines and/or tables specified on the Certificate of investment
registration. If the Certificate of investment registration does not specify
the number of gaming machines and/or tables, the maximum number of gaming
machines and/or tables the enterprise may use shall be determined according to
the number approved by the competent authorities or the number that the
enterprise has registered with the competent authority before the effective
date of this Decree;
- The location of the
casino shall be conformant with the Certificate of investment registration;
- The expiry date of the Certificate
of eligibility for casino business shall not be later than the expiry date of
the casino business specified on the Certificate of investment registration.
2. Any enterprise having gained the Certificate of investment
registration containing provisions for the casino
business before the effective date of
this Decree and having not operated the casino shall
apply for the Certificate of eligibility for casino business as follows:
a) Requirements for
issuance of the Certificate of eligibility for casino business:
- Having the Certificate
of investment registration which covers casino business;
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b) An application for a
Certificate of eligibility for casino business shall contain:
- An application form for the Certificate of eligibility for
casino business;
- A certified true copy or a copy enclosed with the original
of an effective Certificate of investment registration which covers casino business and the modified Certificate of investment registration
(if any);
- Documents proving that
the enterprise satisfies the
requirements for operating a casino prescribed in the Certificate of investment
registration (if any). If the Certificate of investment registration does not
contain the requirements for operating a casino, the enterprise shall submit the application specified in clause 3 Article 25 of
this Decree.
- Documents specified in clauses 4, 5, 6 and 7 Article 25 of
this Decree.
c) Procedures for
issuance of the Certificate of eligibility for casino business shall be
conformant with regulations in clauses 1, 2 and 3 Article 26 of this Decree.
d) Inspection contents
Pursuant to
provisions of this Decree and relevant law provisions, the Ministry of Finance
and relevant authorities specified in clause 3 Article 26 of this Decree shall
conduct the inspection of the applications according to the requirements
specified in point a of this clause, where:
- The number of gaming machines and/or gaming tables that the
enterprise uses shall not exceed the number of gaming machines and/or tables
specified on the Certificate of investment registration. If the Certificate of
investment registration does not specify the number of gaming machines and/or
tables, the maximum number of gaming machines and/or tables the enterprise may
use shall be determined according to the number approved by the competent
authorities or the number that the enterprise has registered with the competent
authority before the effective date of this Decree;
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- The effective period of the Certificate of eligibility for casino
business shall not exceed the effective period of the casino business specified on the
Certificate of investment registration.
Article 63. Implementary clause
1. This Decree comes into force from March 15, 2017.
2. The Minister of Finance shall preside over and cooperate
with relevant Ministries and regulatory bodies in guiding the implementation of
this Decree.
3. Ministers, Heads of ministerial-level agencies, Heads of
governmental agencies, Presidents of People’s Committees of provinces and
relevant entities are responsible for implementing this Decree./.
ON BEHAFT OF THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc
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