Chương VII Nghị định 121/2021/NĐ-CP: Quản lý nhà nước, kiểm tra, thanh tra

Chapter VII

STATE MANAGEMENT AND INSPECTION

Article 39. State management of the business of prize-winning electronic games

The Government performs uniform state management of the business of prize-winning electronic games, while related ministries and People’s Committees of provinces and centrally affiliated cities shall assist the Government as follows:

1. The Ministry of Finance shall take responsibility before the Government for performing the state management of the business of prize-winning electronic games, including:

a) Promulgating, and guiding the implementation of, legal documents according to its competence provided by the law on business of prize-winning electronic games;

b) Granting, re-granting, adjusting, extending and revoking certificates of eligibility for the business of prize-winning electronic games in accordance with regulations prescribed in this Decree;

c) Inspecting and handling violations of the law on the business of prize-winning electronic games under this Decree.

d) Performing other tasks prescribed by law.

2. The Ministry of Planning and Investment shall:

a) Cooperate with the Ministry of Finance in considering and giving opinions on the grant, re-grant, adjustment, extension and revocation of business eligibility certificates in accordance with this Decree;

b) Cooperate with ministries, central authorities, and administrative divisions in managing and supervising the business of prize-winning electronic games.

3. The Ministry of Public Security shall:

a) Manage persons eligible for playing at business facilities as prescribed in Article 9 of this Decree and manage security and order in the business of prize-winning electronic games for foreigners in accordance with regulations of the law;

b) Take charge and cooperate with concerned agencies, organizations, and individuals in preventing money laundering crimes in the business of prize-winning electronic games in accordance with law;

c) Take charge and cooperate with related agencies and organizations in preventing illegal gambling and other violations of law;

d) Cooperate with the Ministry of Finance in considering and giving opinions on the grant, re-grant, adjustment, extension and revocation of business eligibility certificates in accordance with this Decree;

dd) Cooperate with ministries, central authorities, and administrative divisions in managing and supervising the business of prize-winning games.

4. Ministry of Culture, Sport, and Tourism shall:

a) Provide guidelines for the management of contents and images of prize-winning electronic game machines under current regulations in order to assure that prize-winning electronic game machines used at business facilities conform with Vietnam’s fine traditions and customs and aesthetic values as required by law;

b) Cooperate with the Ministry of Finance in considering and giving opinions on the grant, re-grant, adjustment, extension and revocation of business eligibility certificates in accordance with this Decree;

c) Cooperate with ministries, central authorities, and administrative divisions in managing and supervising the business of prize-winning games.

5. Ministry of Information and Communications shall:

a) Direct providers of Internet services, network infrastructure and online social network services and telecommunications businesses in proactively preventing or refraining from providing prize-winning electronic games via computer network, telecommunications network and Internet;

b) Cooperate with the Ministry of Public Security and related ministries and central authorities in preventing the provision of gambling services via computer network, telecommunications network and Internet from overseas into Vietnam.

6. The State Bank of Vietnam shall:

a) Grant, re-grant, adjust, extend, convert, and revoke licenses for collection and payment of foreign currencies and other foreign exchange operations related to the business of prize-winning electronic games in accordance with regulations of this Decree;

b) Manage the collection and use of foreign-currency amounts by enterprises engaged in the business of prize-winning electronic games in accordance with law;

c) Cooperate with the Ministry of Finance in considering and giving opinions on the grant, re-grant, adjustment, extension and revocation of business eligibility certificates in accordance with this Decree;

d) Cooperate with concerned agencies, organizations and individuals in taking measures to prevent money laundering in the business of prize-winning electronic games in accordance with law;

dd) Cooperate with ministries, central authorities, and administrative divisions in managing and supervising the business of prize-winning games.

7. Ministry of Industry and Trade shall:

Manage sales promotion activities of enterprises engaged in the business of prize-winning electronic games in accordance with law.

8. People’s Committees of provinces shall:

a) Cooperate with the Ministry of Finance in considering and giving opinions on the grant, re-grant, adjustment, extension and revocation of business eligibility certificates in accordance with this Decree;

b) Manage, supervise and examine the business of prize-winning electronic games in their area in order to assure that this business fully and strictly complies with this Decree and law;

c) Direct related agencies under their management in performing regular and constant management, supervision and examination of the business of prize-winning electronic games in their area.

Article 40. Inspection

1. State management agencies shall conduct inspection on a regular or irregular basis. Irregular examination or inspection may be performed only when signs of violation of enterprises are detected or to meet requirements of the settlement of complaints and denunciations, corruption prevention or as assigned by directors of competent state management agencies.

2. The Ministry of Finance shall take charge and cooperate with the Ministry of Planning and Investment, Ministry of Public Security, Ministry of Culture, Sports, and Tourism, related ministries, central authorities, and People’s Committees of provinces where enterprises organize their business of prize-winning electronic games in conducting the regular inspection once every 3 years. Inspection contents include:

a) Inspection of full satisfaction of the conditions for grant of business eligibility certificates prescribed in Points a, b, and c Clause 3 Article 20 of this Decree.

Particularly for enterprises specified in Clause 1 Article 42 of this Decree, inspection of full satisfaction of the conditions for business eligibility certificates granted by competent state management agencies in accordance with regulations of the law.

b) Inspection of adequate and proper compliance with regulations of this Decree on organizing of the business of prize-winning electronic games, including the following principal contents:

- Management of prize-winning electronic game machines and devices and tokens;

- Management of persons eligible for playing prize-winning electronic games and persons permitted to enter and leave business facilities;

- Compliance with regulations on internal management and control, financial regulations and game rules;

- Management of foreign exchange and compliance with internal regulations on anti-money laundering;

- Compliance with regulations on finance, accounting and state budget remittance obligation.

3. People's Committees of provinces or directors of district-level or higher public securities shall decide to conduct irregular inspections of the enterprises that show signs of violating the regulations on admissible players, assurance of safety, security and social order when receiving denunciations of crimes concerning such enterprises and other acts of violation related to the business of prize-winning electronic games.

4. The inspection of performance of tax obligations of enterprises comply with regulations of the law on tax.

Article 41. Entitlements of state management agencies

In the course of performing the management or inspection, state management agencies, according to their competence provided in this Decree, may:

1. Enter all rooms at business facilities.

2. Request enterprises and affiliated persons to provide documents, data and information to serve the management or inspection.

3. Request enterprises to suspend part or the whole of the business of prize-winning electronic games at business facilities in case they have sufficient grounds to believe that these enterprises are seriously violating the law and notify such in writing to the agency that has granted business eligibility certificates for consideration and cooperated inspection and handling of such violations.