THE
MINISTER OF FINANCE
|
SOCIALIST
REPUBLIC OF VIET NAM
Independence Freedom Happiness
|
No.
84/2007/QD-BTC
|
Hanoi,
October 17, 2007
|
DECISION
PROMULGATING
THE REGULATION ON FINANCIAL MANAGEMENT OF PRIZE GAME BUSINESS
THE MINISTER OF FINANCE
Pursuant to the Governments
Decree No. 108/2006/ND-CP of September 22, 2006. detailing and guiding the
implementation of a number of articles of the Investment Law;
Pursuant to the Governments Decree No. 24/2007/ND-CP of February 14, 2007.
detailing the implementation of the Law on Enterprise Income Tax: Decree No.
149/2003/ND-CP of December 4, 2003, detailing the implementation of the Law on
Special Consumption Tax and the Law Amending and Supplementing a Number of
Articles of the Law on Special Consumption Tax; Decree No. 158/2003/ND-CP of
December 10, 2003, detailing the implementation of the Law on Value Added Tax
and the Law Amending and Supplementing a Number of Articles of the Law on Value
Added Tax and Decree No. 148/2004/ND-CP of July23, 2004, amending and
supplementing a number of articles of Decree No. 158/2003/ND-CP;
Pursuant to the Governments Decree No. 77/2003/ND-CP of July 1, 2003, defining
the functions, tasks, powers and organizational structure of the Ministry of
Finance;
Pursuant to the Prime Minister s Decision No. 32/2003/QD-TTg of February 27,
2003, promulgating the Regulation on electronic prize game business for
foreigners;
At the proposal of the director of the External Finance Department,
DECIDES:
Article 1. To amend and
supplement a number of articles of the Regulation on financial management of
prize game business, promulgated together with the Finance Ministers Decision
No. 91/2005/QD-BTC of December 8, 2005, as follows:
1. To amend and supplement
Article 6 as follows:
Article 6. Accounting applicable
to prize game business establishments
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2. To amend and supplement
Article 8 as follows:
1. Prize game business
establishments shall pay value added tax, special consumption tax, enterprise
income tax and other taxes in accordance with current regulations.
2. Prize game business
establishments which pay taxes under specific decisions of the Finance Minister
shall comply with the mode of payment specified in those decisions.
3. To amend Article 15 as
follows:
Article 15.- Conditions for
conducting prize game business
A business establishment may
procure gaming machines and conduct prize game business only when it fully
meets the following conditions:
a/ Having been granted an
investment license, investment certificate or prize game business registration
certificate by a competent agency;
b/ Having completed principal
investment items specified in its investment license, investment certificate or
business registration certificate, and facilities of its prize game
entertainment center;
c/ Having elaborated prize game
rules which specify sizes and types of gaming machines, gaming machine control
systems, modes of organizing each game, prize percentages and modes, invoices,
vouchers, specimens and the value of token money and token money boxes.
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Article 16.- Quantity and types
of gaming machines and operation conditions
1. For electronic prize game
business establishments
a/ Regarding the quantity of
machines: The number of machines must not exceed:
- 100 machines, for tourist
accommodation establishments of 5-star or higher grades
- 75 machines, for 4-star
tourist accommodation establishments
- 50 machines, for 3-star
tourist accommodation establishments.
b/ Regarding types of machines:
Establishments may import and operate machines of the types specified in
Appendix 1 to this Decision.
2. Operation conditions
a/ Each machine must have a
complete dossier supplied by the manufacturer, certifying its name, type and
technical specifications (operation principles, playing modes and prize
percentage).
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3. For other prize-game business
activities establishments
The quantity and types of gaming
machines (including electronic gaming machines and other gaming machines) must
comply with the investment license, business certificate or business
registration certificate.
5. To amend and supplement
Article 17 as follows:
Article 17.- On the import of
machines and commencement of business activities
1. After having satisfied the
conditions specified in Article 15 of this Regulation, business establishments
may import gaming machines of proper types in proper quantity as specified in
Article 16 of this Regulation.
2. The import of gaming machines
complies with current import regulations.
6. To amend and supplement
Article 19 as follows:
1. Violating current legal
provisions on tax and finance;
2. Violating the provisions on
the quantity and type of machines;
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7. To amend and supplement
Clause 2, Article 20 as follows:
To terminate the operation of
prize game business establishments which repeat their violations and withdraw
their investment licenses or business registration certificates.
Article 2. This Decision
takes effect 15days after its publication in CONG BAO. Particularly, the
provisions of Clause 2, Article 1 of this Decision shall be applied from
January 1, 2008. Heads of units under the Finance Ministry and directors of
provincial/municipal Finance Services and Tax Departments shall, within the
ambit of their functions and powers, implement and organize the implementation
of this Decision. Business establishments and representatives of parties to
business cooperation contracts that are licensed to conduct prize game business
shall implement this Decision.
FOR
THE MINISTER OF FINANCE
VICE MINISTER
Tran Xuan Ha
APPENDIX 1:
LIST
OF ELECTRONIC PRIZE-GAME MACHINES
(Promulgated together with the Finance Ministers Decision No. 84/2007/QD-BTC
of October 17, 2007)
Ordinal number
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Proportion of machines
permitted to be used for business to the maximum number of machines permitted
to be used for business
Number of players
1
Slot machines:
- Aruze;
aristocrat
- WMS; IGT; Weike
≤ 100%
Designed for only one (01)
player
2
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≤ 3%
Designed for multiple players
3
Electronic baccarat machines
(completely automatic)
≤ 3%
Designed for multiple players
4
Electronic blackjack machines
(completely automatic)
≤ 3%
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5
Sicbo
or dice-gaming machines (completely automatic)
≤ 3%
Designed for multiple players
6
Horse-racing or mahjong
machines (completely automatic)
≤ 3%
Designed for multiple players
The above machines must conform
with the provisions of Article 2 of the Regulation on financial management of
prize game business promulgated together with the Finance Ministers Decision
No. 91/2005/QD-BTC of December 8, 2005.