Chương I Nghị định 137/2021/NĐ-CP quy định về xử phạt vi phạm hành chính trong lĩnh vực kinh doanh đặt cược và trò chơi có thưởng: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Decree prescribes penalties, fine, remedial measures, entitlement to impose administrative penalties, entitlement to issue offence notice in betting services, casino business, and prize-winning games meant for foreigners (hereinafter referred to as “betting and prize-winning game operations”).

Article 2. Regulated entities

1. This Decree applies to:

a) Organizations and individuals committing administrative violations in betting and prize-winning game operations;

b) Competent individuals entitled to issue offence notice, impose penalties for administrative violations, authorities relating to inspection, examination, and adoption of administrative penalties in betting and prize-winning game operations.

2. Organizations mentioned under Clause 1 of this Article include:

a) Enterprises engaging in horse racing betting, dog racing betting, and international football betting;

b) Enterprises operating casino;

c) Enterprises engaging in the business of prize-winning electronic games for foreigners;

d) Other organizations committing violations in betting and prize-winning game operations.

Article 3. Forms of administrative penalties

1. Main forms of penalty:

a) Warnings;

b) Fine.

2. Additional penalties:

a) Suspension of Certificate of eligibility for betting operation, Certificate of eligibility for casino operation, Certificate of eligibility for operation of prize-winning electronic games for foreigners (hereinafter referred to as “Certificate of eligibility”);

b) Confiscation of exhibits, instruments of administrative violations.

Article 4. Remedial measures

Depending on the nature and seriousness of the violations, offenders in betting and prize-winning game operations shall be met with one or multiple remedial measures below according to Chapter II hereof:

1. Mandated submission of Certificate of eligibility that has been fabricated or modified.

2. Mandated disposal or re-export of game machines, game tables, prize-winning game equipment, or tokens which exceed the regulated quantity or do not match the form, type of prize-winning game.

3. Mandated restoration of casino venues, prize-winning game business facilities (hereinafter referred to as “business facilities”) satisfactory to requirements and location permitted by the authorities that grant permission for operation.

4. Mandated adequate monitoring and management of individuals entering and exiting business facilities either by logbook or electronic card.

5. Mandated establishment of internal control and appointment of personnel to manage and coordinate business facilities as per the law.

6. Mandated payout for bettors in accordance with game rules, betting rules.

7. Mandated revocation of payout confirmation which was issued to the wrong recipients or contained incorrect payout value.

8. Mandated removal of contents and advertisements which does not adhere to the law.

9. Mandated termination of contracts signed with individuals and organizations which are not eligible for acting as bet ticket sale agencies as per the law.

10. Mandated revision to publicized information, submission of reports, provision of adequate information and data.

11. Mandated submission of revenues generated by administrative violations.

Article 5. Fine, entitlement to impose fine, and rules of imposing administrative penalties

1. The maximum fine for administrative violations in betting and prize-winning game is 200.000.000 VND for organization offenders and 100.000.000 VND for individual offenders.

2. Fine, entitlement to impose fine, and entitlement to confiscate exhibits of administrative violations of each title in regard to violations hereunder apply to organization offenders, except for Article 13, Article 31, and Article 45 hereof which only apply to individual offenders. Fine, entitlement to impose fine of each title in regard to individual offender shall equal half of those in regard to organization offender for the same administrative violations hereunder.

Article 6. Prescriptive period, procedures for imposing penalties and carrying out administrative penalties in betting and prize-winning game operations

1. Prescriptive period for administrative penalties in betting and prize-winning game operations is 1 year.

2. The starting point of prescriptive period for administrative penalties in betting and prize-winning game operations is provided for as follows:

a) In case of an ongoing administrative violation, prescriptive period shall start from the date on which a competent individual, in the performance of his/her duty, discovers the violation;

b) In case of a concluded administrative violation, prescriptive period shall start from the violation end date.

3. The violation end date serving calculation of prescriptive period of violations under Chapter II hereof is provided for as follows:

a) With respect to violations relating to application for issuance of Certificate of eligibility under Article 8, Article 25, and Article 39 hereof, the violation end date shall be the date on which the application is submitted to Ministry of Finance;

b) With respect to erasure or modification of the Certificate of eligibility under Clause 1 Article, Clause 1 Article 26, and Clause 1 Article 40 hereof, the prescriptive period starts from the date on which the erasure or modification takes place; if the erasure or modification date cannot be identified, the violation end date shall be the date on which the Certificate of eligibility is found to be erased or modified;

c) With respect to failure to submit game rules or betting rules to the authorities, racing rules to supervisory council of the race in a timely manner according to Clause 1 Article 14, Clause 1 Article 29, and Clause 1 Article 43 hereof, the violation end date shall be the date on which game rules or betting rules are sent to the authorities, racing rules are sent to supervisory council of the race;

d) With respect to failure to inform authorities about change of individuals managing, coordinating business facilities in a timely manner according to Point b Clause 1 Article 34 and Point b Clause 1 Article 48 hereof, the violation end date shall be the date on which notice on change of individuals managing, coordinating business facilities is sent to the authorities;

dd) With respect to violations regarding information provision under Article 22, Article 37, and Article 51 hereof, the violation end date shall be the date on which written information disclosure is submitted;

e) With respect to violations regarding advertisements according to Clause 3 Article 23, Clause 3 Article 36, and Clause 3 Article 50 hereof, the violation end date shall be the date on which the violating advertisements are removed.

g) With respect to violations regarding reports according to Article 24, Article 38, and Article 52 hereof, the violation end date shall be date on which reports are submitted, information and data are provided to the authorities in an adequate manner as per the law.

4. Ongoing administrative violations, concluded administrative violations, procedures for imposing penalties, carrying out penalties, implementing penalty decisions, and enforcing implementation of penalty decisions in betting and prize-winning game operations shall conform to the Law on Administrative Penalties and guiding documents.

Article 7. Transfer of case file

1. Upon discovering violations under Clause 2 Article 8, Clause 2 Article 25, Clause 2 Article 39, and Clause 2 Article 56 hereof, competent individuals accepting the case must transfer the case file to competent criminal proceeding agencies for criminal prosecution in accordance with Clause 1, Clause 2, and Clause 4 Article 62 of the Law on Administrative Penalties and amending documents (if any).

2. In case criminal proceeding agencies issue any of the decision to refuse criminal prosecution as per criminal laws and return the case file to the competent individuals who previously sent the case file, the case file shall be sent to competent individuals according to Clause 3 Article 62, Article 63 of the Law on Administrative penalties and amending documents (if any) in order to impose administrative penalties in accordance with this Decree.