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GOVERNMENT
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SOCIALIST
REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
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No. 175/2016/ND-CP
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Hanoi, December
30, 2016
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DECREE
ON AMENDMENTS TO
CERTAIN ARTICLES OF THE DECREE No 86/2013/ND-CP DATED 29 JULY 2013 BY
THE GOVERNMENT ON THE BUSINESS OF PRIZE-REWARDING ELECTRONIC GAMES FOR
FOREIGNERS
Pursuant to the Law of Government Organization
dated June 19, 2015;
Pursuant to the Enterprise Law dated November
26, 2014;
Pursuant to the Law of Investment dated November
26, 2014;
At the request of the Minister of Finance;
The government promulgates the Decree on
amendments to certain articles of the Government's Decree No. 86/2013/ND-CP
dated July 29, 2017 on the business of prize-rewarding electronic games for
foreigners.
Article 1. Amendments to certain articles
of the Government's Decree No. 86/2013/ND-CP dated July 29, 2017 on the
business of prize-rewarding electronic games for foreigners
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“1. Operation of a prize-rewarding electronic game
business without a certificate of business eligibility, except the companies
defined in Article 51 of this Decree.
2. Operation of a
prize-rewarding electronic game business in violation of the content of the
business license issued by the competent state management agency pursuant to
the laws.”
2. Section 1 of Article 5 is
amended as follows:
"1. A company operating the prize-rewarding
electronic game business (hereinafter referred to as the company) can operate
prize-rewarding electronic games at solely one business location licensed by
the competent state management agency pursuant to the laws."
3. Section 2 of Article 13 is amended as follows:
“2. Gaming devices
a) Prize-rewarding electronic gaming machines used
at the business location shall be entirely new, adhere to the technical
specification announced by their manufacturers and certified by independent
certifying organization(s) operating in member state(s) of the G7;
b) The programmed minimum flat rate of payout of a
slot machine is 90% (inclusive of the accumulated prize). The payout rate, when
changed by the company, shall not be lower than the minimum payout rate
regulated; hence, the company shall have the machines re-certified prior to
their resumption and specify the payout rate in the gaming rules.”
4. Section 1 and Section 6 of
Article 14 are amended as follows:
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6. The company has the right to maintain and repair
the prize-rewarding electronic gaming machines that malfunction or require
periodical maintenance during their service; however, the payout rate setting
shall not be interfered. If the maintenance or repair of the prize-rewarding
electronic gaming machines involves components that alter the payout rate
setting, the company shall have the machines re-certified prior to their
resumption by an independent certifying organization pursuant to Section 2,
Article 13 of this Decree."
5. Point a, Section 1 of
Article 18 is amended as follows:
“a) Organize the business of prize-rewarding
electronic games pursuant to the laws and this Decree."
6. Section 1 and Point dd,
Section 3 of Article 19 are amended as follows:
“1. A company shall only qualify for the
certification of eligibility for prize-rewarding electronic gaming business
after being licensed by competent authorities to establish and operate a tourist
accommodation establishment and registering for conducting the prize-rewarding
electronic gaming business pursuant to the Law of Investment and the Enterprise
Law.
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3. The conditions for certification of business
eligibility include:
dd) Possession of the charter capital of no less
than VND 200 billion.”
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“2. The certified copy or the copy with the
original, for comparison, of the certificate of investment registration or the
certificate of company registration, in which the prize-rewarding electronic
gaming business is registered, as issued by the competent state management
agency pursuant to the Law of Investment and Enterprise Law.
3. The certified copy or the
copy with the original, for comparison, of the written decision on ranking of
tourist accommodation establishment as issued by the competent state management
agency.
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10. The list, resumes and the copies certified by
competent state management bodies or copies with the originals, for comparison,
of the degrees and diplomas of managerial personnel as evidence of their
expertise".
8. Point d is added to Section
3 of Article 21:
“d) After being certified by the Ministry of
Finance to possess business eligibility, the company shall be responsible for
completing the formality to add the prize-rewarding electronic gaming business
to its certificate of eligibility regarding security and order pursuant to the
laws before organizing the activities of prize-rewarding electronic gaming
business.”
9. Article 24 is amended as
follows:
“Article 24. Licensing fee
The fees for licensing, re-licensing, amendment and
extension of a certificate of business eligibility shall be subject to the Law
of fees and charges and the Ministry of Finance’s guidelines.”
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“Article 27. Advertisement
1. Only the companies
certified to possess business eligibility and the companies defined in Article
51 of this Decree can advertise the activities of prize-rewarding electronic
gaming business.
2. The content of
advertisement includes:
a) Name and address of the company that conducts
the prize-rewarding electronic gaming business;
b) Name of the prize-rewarding electronic games;
c) Business location;
d) Admissible players defined in Article 9 of this
Decree.
3. Location and form of
advertisement
The company can only place advertisements on panels
and boards inside the tourist accommodation establishment licensed by the
competent state management agency for prize-rewarding electronic gaming
business; however, such advertisements shall be neither audible nor visible to
the people outside the establishment.
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11. Point d, Section 1 and
Point c, Section 8 of Article 32 are removed.
12. Section 3 and Section 4 of
Article 33 are amended as follows:
“3. Ministry of Finance shall lead and cooperate
with the Ministry of Planning and Investment, Ministry of Public Security,
Ministry of Culture, Sports and Tourism, relevant bodies and People’s
Committees of the provinces where the companies operate their business
activities in inspecting, once every 3 years, the companies’ capacities to
maintain their activities or in revoking the companies’ certificates of
business eligibility or in requesting competent state management agencies to
consider and carry out actions pursuant to the laws. Such inspection consists
of:
a) The inspection of the compliance with all
requirements for certification of business eligibility as stated in Point a, b,
c and d, Section 3, Article 19 of this Decree.
The companies defined in Article 51 of this Decree
shall be subjected to inspection of their abidance by all conditions of their
prize-rewarding electronic gaming business licensed by the competent state
management agency pursuant to the laws.
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4. Provincial People's Committees or chiefs of
district-level or higher police units shall decide to conduct ad hoc inspection
of the companies that show signs of violating the regulations on admissible
players, assurance of safety, security and social order when receiving
denunciations of crimes concerning such companies.”
13. Section 3 of Article 38 is
amended as follows:
“3. A fine of VND 90,000,000 to VND 100,000,000
shall be levied on an individual who runs a prize-rewarding electronic gaming
business without a certificate of business eligibility. An organization
committing the violation defined in this Section shall incur double such fine,
except for the companies defined in Article 51 of this Decree.”
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“2. A fine of VND 180,000,000 to VND 200,000,000
shall be levied on a company conducting the prize-rewarding electronic gaming
business at a location different from that licensed by the competent state management
agency pursuant to the laws.
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4. Remedial measure:
Enforce the reinstatement of the business location
that adequately meets the conditions defined by the laws and is licensed by the
competent state management agency pursuant to the laws."
15. Section 3 of Article 45 is
amended as follows:
“3. A fine of VND 90,000,000 to VND 100,000,000
shall be levied on a company that deploys prize-rewarding electronic gaming
machines in violation of Article 13 of this Decree.”
16. Article 51 is amended as
follows:
“Article 51. Transition
The companies in possession of a certificate of
investment registration or certificate of company registration, which registers
the prize-rewarding electronic gaming business, or a written permit of
prize-rewarding electronic gaming business from the competent state management
agency prior to the effective date of this Decree can continue their
prize-rewarding electronic gaming business according to such certificate or
written permit. A company, on its demand, can apply certification of business
eligibility under the following procedure:
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- The certified copy or the
copy with the original, for comparison, of the valid certificate of investment registration
or the valid certificate of company registration, which registers the
prize-rewarding electronic gaming business, or the written permit of
prize-rewarding electronic gaming business as issued by competent state
management agency;
- The documents that indicate
the actual quantity, type and model of prize-rewarding electronic gaming
machines that the company is operating as defined in legal regulations prior to
the effective date of this Decree or the written permit of the competent state
management agency (if available);
- The dossier defined in
Section 1, 3, 4, 5, 7, 8, 9 and 10, Article 20 of this Decree. If possessing no
tourist accommodation establishment, the company shall not be required to
submit the documents defined in Section 3 and 4, Article 20 of this Decree.
2. The company shall submit 01
application for certification of business eligibility to the Ministry of
Finance. In 30 working days upon receiving the full and valid application, the
Ministry of Finance shall issue the certificate of business eligibility to the
company in the following manner:
a) The quantity, type and model of prize-rewarding
electronic gaming machines that the company is allowed to operate are based on
its certificate of investment registration or certificate of company
registration or the actual quantity, type and model of its prize-rewarding
electronic gaming machines in operation as defined in legal regulation prior to
the effective date of this Decree or the written permit of the competent state
management agency. If there is a difference in the quantity of prize-rewarding
electronic gaming machines, the company is allowed to operate the highest
permissible number of machines.
The quantity of prize-rewarding electronic gaming
machines permissible for a company that has not operated the prize-rewarding
electronic gaming business shall be based on its certificate of investment
registration or certificate of company registration or the written permit of
the competent state management agency. If the certificate of investment
registration or certificate of company registration or written permit of the
competent state management agency does not specify the allowable quantity of
prize-rewarding electronic gaming machines, the company's permissible number of
machines shall be subject to Section 1, Article 7 of this Decree.
b) The term of validity of the certificate of
business eligibility shall be equal to the remaining duration of operation
defined in the certificate of invest registration or certificate of business
registration or written permit of the competent state management agency. If the
certificate of investment registration or certificate of company registration
or written permit of the competent state management agency does not specify the
duration of business, the validity term of the certificate of eligibility for
prize-rewarding electronic gaming business shall be subject to Article 22 of
this Decree.”
Article 2. Implementation
1. This Decree comes into
force as of February 15, 2017.
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3. Minister of Finance shall
lead and coordinate with relevant bodies and agencies in guiding the
implementation of this Decree.
4. Ministers, heads of
ministerial-level agencies, heads of governmental agencies, Chairpersons of
provincial People’s Committees and relevant organizations and individuals are
responsible for implementing this Decree./.
FOR THE
GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc