THE MINISTRY OF CULTURE AND INFORMATION
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No: 08/2000/TT-BVHTT
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Hanoi, April 28th, 2000
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CIRCULAR
OF THE MINISTRY OF CULTURE AND INFORMATION No. 08/2000/TT-BVHTT
DATED APRIL 28, 2000 GUIDING THE MANAGEMENT OF ELECTRONIC GAMES
Pursuant to Article
58 of the Law on the promulgation of Legislative documents dated 12/11/1996;
Pursuant to Degree
No. 81/CP dated 8/11/1993 by the Government on functions, tasks, powers and
organizational structure of the Ministry of Culture and Information;
In order to
reinforce the State management in term of Culture-Information, ensuring the
right to be active in business of enterprises according to regulations in the
Law on Enterprise so as to satisfy better and better the healthy entertainment
needs of people, the Ministry of Culture and information promulgates this
Circular guiding the management of electronic games.
I- GENERAL
PROVISIONS
Article 1.
Electronic games include:
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2. Any tape, disc or
component containing electronic games;
3. Any electronic game
console.
4. Any computer,
computer network containing electronic games.
Article 2.
Electronic game
services providers include:
1. Individual business
households specified in Decree No. 02/2000/ND-CP dated 3/2/2000 by the
Government that provide game services;
2.
Enterprises/companies having registered for trade in a sector with game service
is an additional sector;
3.
Enterprises/companies specialized in game services;
4. Organizations being
public service providers doing trade in game services;
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6. Entities specified
in clauses 2 and 3 of this Article, including contracts on trade cooperation
and joint venture with foreign individuals/organizations.
Article 3.
Any
individuals/organizations using or providing game services shall use only
recorders, tapes and discs with healthy entertainment contents, contributing in
physical development, raising aesthetic awareness of people.
Article 4.
Every
individual/organization is banned from:
1. Organizing
electronic games; manufacturing, exporting or importing game recorders, tapes,
discs or components; installing into computer electronic games with contents
that:
a/ Opposing the
Socialist Republic of Vietnam;
b/ Inciting violence,
dividing ethnics and people of different countries, propagandizing reactionary
thoughts or cultures, lewd or degenerate lifestyle, criminal actions, society’s
vices and superstitions that destroying Vietnam’s habits and customs;
c/ Distorting history,
denying revolutionary achievements, offending great people and national heroes;
slandering, offending prestige of an organization, honor and dignity of a
citizen;
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3. Providing game
services within 200 m from gates of schools (including nursery schools, elementary
schools, middle schools, and high schools), regardless of region.
II-CONDITIONS AND
PROCEDURES FOR PROVIDING GAME SERVICES
Article 5.
Conditions for
providing game services.
Any entities wishing
to provide game services specified in this Circular must satisfy the following
conditions:
1. The location is
within his/her lawful ownership or the right to enjoyment and is hygienic,
ventilated in summer and warm in winter; and must not obstruct traffic order;
2. Equipment must have
wholesome appearance; ensuring technical standards: clear voice, nice color,
high-solution image;
3. Any individual
providing game services must comply with regulations in clauses 5 and 6 Article
9 of the Law on Enterprise;
4. Any entities
wishing to provide game services through a cooperation contract or joint
venture with foreigners must have capital and economic and technical
feasibility study reports according to law provisions on cooperation with
foreigners.
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Procedures for
business registration:
1. Entities specified
in clause 1 Article 2 of this Circular shall carry out business registration at
a Business registration office affiliated to People’s Committee of district.
2. Entities specified
in clauses 2 and 3 Article 2 of this Circular shall carry out business
registration at the Business registration office in the Service of Planning and
Investment.
3. Regarding entities
wishing to provide game services through a cooperation contract or joint
venture with foreigners (including entities specialized in game services and
entities trading in a sector with game service provision is an additional
sector) within the competence in issuing the investment license of a People’s
Committee central-affiliated cities and provinces, such entities must obtain a
written appraisal from the Services of Culture and Information. Such written
appraisal from the Services of Culture and Information shall be concurrently
sent to the Ministry of Culture and Information for reporting.
4. Regarding entities
wishing to provide game services through a cooperation contract or joint
venture with foreigners (including entities specialized in game services and
entities trading in a sector with game service provision is an additional
sector) within the competence in issuing the investment license of the Ministry
of Planning and Investment, such entities must obtain a written appraisal from
the Ministry of Culture and Information.
5. Any entities
specified in clause 4 Article 2 of this Circular that provide game services
must register for paying taxes with a local tax authority.
III. PROVISION OF
GAME SERVICES
Article 7.
After obtaining the
investment license or the Certificate of Business registration for providing
game services, entities providing game services through a cooperation contract
or joint venture with foreigners must send a written registration to the
Services of Culture and Information of local area. The written
registration must contain the code number of the investment license, date of
issue, place of issue, head office, phone number and business location and must
comply with relevant regulations specified in this Circular.
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Any entities using or
providing game services must be responsible for the contents and must not
commit violations against regulations specified in Article 4 of this Circular;
Gaming centers must not open after 12 p.m.
In case of confusion
about whether the contents is permissible or not, any entities using game
services must request the Service of Culture and Information of local area to
conduct an appraisal for determination and must pay the fees for appraisal. The
Services of Culture and Information must have a sign to mark that a
tape/disc/component has been appraised and permitted by the Service of Culture
and Information.
Article 9.
1. The installation of
a game into a computer network must be carried out only after obtaining the
permission from the Ministry of Culture and Information according to current
regulations.
2. Any entities must
provide game services that imports devices with installed games, tapes, discs
or components containing games only after obtaining permission from the Service
of Culture and Information.
The Services of
Culture and Information are in charge of affixing stamps or signs on devices
with permitted contents.
IV-CONSIDERATION OF
AWARD AND ACTIONS AGAINST VIOLATIONS
Article 10.
1. Any entities using
or providing game services that commit violations against regulations in this
Circular, depending on the seriousness, shall be administratively sanctioned or
liable to criminal prosecution.
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V- ORGANIZATION OF
IMPLEMENTATION
Article 11.
This Circular comes
into effect from June 1, 2000 and replaces Circular No. 03/1998/TT-BVHTT dated
June 22, 1998 by the Ministry of Culture and Information.
Article 12.
Services of Culture
and Information are responsible for providing guidance on the implementation of
this Circular in local area and handling violations intra vires.
Article 13.
People’s Committees of
central-affiliated cities and provinces, the Chief of the Ministry Office, the
Chief Inspector of the Ministry Office, Directors of Departments affiliated to
the Ministry of Culture and Information that are relevant are responsible for
the implementation of this Circular.
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(Signed)