Chương 2 Nghị định 86/2013/NĐ-CP: Tổ chức hoạt động kinh doanh trò chơi điện tử có thưởng

Chapter II

ORGANIZATION OF PRIZE-WINNING ELECTRONIC GAME BUSINESS

Article 5. Business facilities

1. An enterprise engaged in the business of prize-winning electronic games (below referred to as enterprises) may only organize prize-winning electronic games at a sole business facility stated in the business eligibility certificate.

2. A business facility must be located separately from other business areas of the enterprise and fully satisfy the following conditions:

a/ Having separate entrance and exit doors;

b/ Having electronic equipment and cameras for constant monitoring and surveillance of all activities in the facility (24/24h). All footages must be fully preserved for at least between 15 and 30 days from the date of recording depending on each position in the facility. In case of necessity, the preservation duration may be longer at the request of competent state management agencies;

c/ Having security guards fully equipped for protection, fire and explosion prevention and fighting and emergency exits to assure security and safety in accordance with relevant laws.

d/ Posting up fully internal rules on entrance in Vietnamese, English and other foreign languages (if any) at easy-to-spot positions at the entrance and exit doors of the facility.

Article 6. Operation time

1. The permitted business operation time of an enterprise is all days in a year, excluding days on which business operation is banned under decisions of competent state management agencies.

2. An enterprise may suspend its business to meet its management requirements. At least fifteen (15) working days before the time of business suspension, the enterprise shall notify such in writing to the business registry office, provincial-level Finance Department, Culture, Sports and Tourism Department, and Tax Department. Such a notice must clearly state the time of business suspension, reason for suspension and expected time of business resumption. In case of changing the expected time of business resumption, the enterprise shall notify the change in writing to these agencies. The enterprise shall post up the notice at its business facility at least 24 hours before the time of business suspension.

3. In case a state management agency requests business suspension, the enterprise shall notify players of the time of business suspension immediately after the state management agency announces the decision to request business suspension.

Article 7. Number, types and categories of prize-winning electronic games

1. The number of prize-winning electronic machines specified in the business eligibility certificate is based on the total number of accommodation rooms in the accommodation establishment. For every 5 accommodation rooms, the enterprise may operate only one prize-winning electronic game machine.

2. Enterprises engaged in the business of prize-winning electronic games may operate types of machine and types of games on prize-wining electronic game machines under regulations of the Ministry of Finance.

Article 8. Game rules

1. When putting prize-winning electronic games into business, enterprises shall elaborate game rules suitable to gaming methods, payout percentage and particular designs of each type of machine and send them to the Ministry of Finance, provincial-level Finance Departments and Tax Departments for monitoring. Game rules must be conformable with law and fully show the following principal details:

a/ Description and interpretation of terms of prize-winning electronic games;

b/ Images and instructions for use of machine functions;

c/ Playing methods;

d/ Payout percentage;

dd/ Way of determining a win;

e/ Handling of unexpected problems;

g/ Other contents according to management requirements.

2. Enterprises shall post up and issue leaflets publicizing game rules at their business facilities.

3. When changing any content of game rules, within five (5) working days after the date of change, an enterprise shall send a written revised or replaced game rules to the Ministry of Finance and provincial-level Finance Department and Tax Department and a document clearly indicating revised or replaced articles or clauses and reasons for revision or replacement. At the same time, the enterprise shall publicly post up the revised or replaced game rules at its business facility.

4. In case a state management agency detects that game rules contain details which are unclear, invalid or incompliant with law, within five (5) working days after the Ministry of Finance issues an official letter requesting and guiding the change of game rules, the enterprise concerned shall revise the game rules to be compliant with law and send them to the Ministry of Finance and provincial-level Finance Department and Tax Department for monitoring.

Article 9. Persons eligible for playing games at business facilities

1. Foreigners and overseas Vietnamese who have foreign passports granted by foreign authorities, valid laissez passers and lawfully enter Vietnam.

2. Persons defined in Clause 1 of this Article must be those who have full civil act capacity in accordance with Vietnamese law and willingly observe game rules and the provisions of this Decree.

Article 10. Rights and obligations of players

1. Players have the following rights:

a/ To get their wins certified and fully paid out by enterprises;

b/ To receive and remit or bring prize money in foreign currencies abroad under Vietnam’s law on foreign exchange management and the guidance of the State Bank of Vietnam;

c/ To request enterprises to keep secret information on prize winning and receipt;

d/ To file complaints or lawsuits against enterprises about prize payout results; to denounce cheatings and violations of this Decree and law;

dd/ To enjoy other lawful benefits stated in the game rules announced by enterprises.

2. Players have the following obligations:

a/ To carry papers to prove they are eligible for playing games under Article 9 of this Decree;

b/ To observe game rules and relevant internal rules and management regulations of enterprises, and fulfill the tax obligation toward the State in accordance with law;

c/ Not to use results of prize-winning electronic games at business facilities for betting directly among them;

d/ Not to cause insecurity, social disorder and unsafety at business facilities;

dd/ To strictly observe other relevant provisions of law.

Article 11. Persons permitted to enter and leave business facilities

1. The persons eligible for playing games defined in Article 9 of this Decree.

2. Employees and staff members of enterprises who are permitted to enter and leave business facilities to work as assigned by enterprises. Enterprises shall make and announce updated lists of their employees and staff members permitted to enter for work and leave their business facilities.

3. Cadres and civil servants of competent state management agencies who are assigned to conduct examination and inspection of enterprises in accordance with law.

4. The persons specified in Clauses 2 and 3 of this Article may enter business facilities to perform their relevant tasks as assigned and are strictly prohibited from entering business facilities to play prize-winning electronic games.

5. Enterprises shall keep books for monitoring or grant electronic cards for controlling all persons entering and leaving business facilities. Monitoring books and electronic information must be preserved under regulations and satisfy requirements for examination and inspection by state management agencies.

Article 12. Management of tokens

1. Tokens of each enterprise must bear separate marks or signs for identification and fully satisfy the technical conditions prescribed by state management agencies. The par value of tokens may be nominated in Vietnam dong or a freely convertible foreign currency. The conversion of foreign-currency par value of tokens complies with the guidance of the State Bank of Vietnam. Enterprises may not use tokens of other enterprises for their business.

2. Enterprises shall strictly manage their tokens under the guidance of the Ministry of Finance, thereby determining their turnover, and register token models, quantity and types with the Ministry of Finance and local tax offices directly managing them for monitoring and management.

3. In case of changing token models, quantity and types, within five (5) working days after the change, an enterprise shall re-register it with the provincial-level Finance Department and tax offices directly managing them.

Article 13. Management of gaming equipment

1. Prize-winning electronic game machines used at business facilities must conform with the number, types and categories of prize-winning electronic games in which enterprises are licensed to conduct business and fully satisfy the technical conditions prescribed in this Decree.

2. Prize-winning electronic game machines (domestically purchased or imported) for use at business facilities must be brand new and manufactured by manufacturers or suppliers inspected and certified by an independent organization with the inspection function that their products conform with technical conditions announced or promulgated by the Ministry of Finance.

3. An enterprise shall keep a book for management of prize-winning electronic game machines which contains the following basic details:

a/ Quantity, types and categories of prize-winning electronic games;

b/ Name of manufacturer;

c/ Origin, marks and signs (serial numbers) of machines;

d/ Year of manufacture;

dd/ Year of end of lifetime (if any);

e/ Installed software;

g/ Date of purchase;

h/ Date of re-export or destruction;

i/ Value of machines;

k/ Serial numbers of inspection certificates and name of the inspection organization.

Article 14. Purchase, re-export and destruction of tokens and gaming equipment

1. Enterprises may carry out procedures for purchasing tokens and prize-winning electronic game machines only after obtaining business eligibility certificates.

The import of tokens and prize-winning electronic game machines complies with relevant regulations on import and export.

2. Enterprises may only purchase prize-winning electronic game machines not exceeding the licensed quantity and conforming to technical conditions promulgated by state management agencies.

3. The Ministry of Finance shall specifically guide enterprises eligible for purchase and the management and use of spare parts of prize-winning electronic game machines for replacement when necessary. The quantity of spare parts must not exceed 10% of total parts of prize-winning electronic game machines licensed for business.

4. Within thirty (30) days, an enterprise shall re-export or destroy its tokens or prize-winning electronic game machines in the following cases:

a/ It willingly terminates its business operation, is dissolved, falls bankrupt or has its business eligibility certificate revoked;

b/ The lifetime of its prize-winning electronic game machines or tokens as set by manufacturers expires, or these machines or tokens are irreparably damaged and can no longer be used for normal operation;

c/ Its prize-winning electronic game machines and tokens are no longer used for its business operation for they no longer meet its business needs or when it needs to renew or replace these machines and tokens to suit its practical business operation.

5. The destruction of prize-winning electronic game machines and tokens must be witnessed and certified in writing by representatives of the provincial-level Finance Department; Culture, Sports and Tourism Department and tax office directly managing the enterprise. The re-export complies with relevant current regulations.

6. In the course of use, if prize-winning electronic game machines are broken or need regular maintenance, the enterprise may conduct maintenance or repair but may not alter the payout percentage. If the maintenance or repair of prize-winning electronic game machines involves parts which change the payout percentage, the enterprise may hire an inspection organization on the list announced by a competent state management agency and licensed to provide inspection services to inspect such machines before putting them into use.

Article 15. Regulations on internal management and control

1. An enterprise shall elaborate and promulgate a regulation on internal management in its business facility. Such an internal management regulation must contain the following principal provisions:

a/ Provisions on management of the business facility, including opening time and closing time; control of persons entering and leaving the facility; measures to maintain security, social order and safety;

b/ Provisions on management of employees working in the business facility, including persons working in and managing the business facility; responsibilities and obligations of each section or working position;

c/ Provisions on financial mechanism and process of managing tokens;

d/ Provisions on the process of managing, maintaining and repairing prize-winning electronic machines and other gaming equipment;

dd/ Provisions on methods of handling the relationship between players and players, between players and the enterprise, and between players and employees of the enterprise, clearly stating methods of settling arising disputes on the basis of relevant laws;

e/ Other provisions compliant with Vietnamese law to serve the management of the enterprise.

2. An enterprise shall establish an internal control section; specify in writing its functions, tasks and powers and may organize the business of prize-winning electronic games only after completing the above contents in order to control the observance of its internal management regulation, this Decree and provisions of law applicable to enterprises.

3. An enterprise may organize the business of prize-winning electronic games only after sending its internal management regulation to the business registry office, provincial-level Finance Department; Culture, Sports and Tourism Department; Police Department; and Tax Department of the locality where it locates its business facility. In case of revising or replacing its internal management regulation, the enterprise shall, within five (5) working days from the date of revision or replacement, send the updated regulation to the above agencies.

Article 16. Internal regulations on anti-money laundering

1. Enterprises shall elaborate and issue their internal regulations on anti-money laundering in accordance with the Law on Anti-Money Laundering and guiding documents.

2. An enterprise may organize the business of prize-winning electronic games only after sending its internal regulation on anti-money laundering to the business registry office, provincial-level Finance Department; Culture, Sports and Tourism Department; Police Department; and Tax Department of the locality where it locates its business facility; the Ministry of Finance and the State Bank of Vietnam. In case of revising or replacing its internal regulation on anti-money laundering, the enterprise shall, within five (5) working days from the date of revision or replacement, send the updated regulation to the above agencies.

Article 17. Management of payment and foreign exchange

1. Enterprises may accept the use of Vietnam dong, foreign-currency cash and credit cards of players for exchange into tokens for playing prize-winning electronic games. The collection and payment of foreign-currency amounts by enterprises are permitted after they are licensed by the State Bank of Vietnam in accordance with the law on foreign exchange management.

2. Enterprises may collect cash amounts in foreign currencies from their business of prize-winning electronic games and use these cash amounts to pay out prizes to winning players and for other foreign exchange activities after being licensed by the State Bank of Vietnam.

Article 18. Rights and obligations of enterprises

1. Enterprises engaged in the business of prize-winning electronic games have the following rights:

a/ To organize the business of prize-winning electronic games of types and categories specified in their business eligibility certificates and this Decree;

b/ To refuse any persons who are not permitted to enter, leave and play in their business facilities;

c/ To request any persons who violate the game rules, internal rules and internal management regulations they have announced to leave their business facilities;

d/ To sign contracts to hire managers. The hiring of managers and payment of management expenses comply with law and these expenses must not exceed the maximum level prescribed by the Ministry of Finance.

2. Enterprises engaged in the business of prize-winning electronic games have the following obligations:

a/ To comply with regulations on the business of prize-winning electronic games;

b/ To appoint managers of their business facilities on the lists registered in their dossiers of application of business eligibility certificates. In case of change, to appoint managers who fully satisfy the criteria and conditions prescribed by law and notify such in writing to the Ministry of Finance and provincial-level Finance Departments and Tax Departments of localities where they organize their business, for monitoring;

c/ To organize types of games according to the game rules announced to players;

d/ To pay out fully and promptly prizes to winning players. To certify winnings paid out at the request of players;

dd/ To settle disputes and complaints of players according to the game rules and law;

e/ To fulfill tax obligations and fully comply with other relevant regulations during business operation;

g/ To take anti-money laundering measures in accordance with law;

h/ To take measures to assure security and social order and safety in accordance with law;

i/ To keep secret prize-winning information at the request of players, except information provided to competent state management agencies to serve examination, inspection and supervision activities in accordance with law;

k/ To take responsibility directly before Vietnamese law for all activities of their prize-winning electronic game business.