Chapter III
CONDITIONS, ORDER AND PROCEDURES FOR GRANT OF CERTIFICATES OF ELIGIBILITY FOR BUSINESS OF PRIZE-WINNING ELECTRONIC GAMES
Article 19. Conditions for grant of business eligibility certificates
1. Enterprises may be considered for grant of certificates of eligibility for the business of prize-winning electronic games only after being licensed by a competent agency for establishment and business operation of tourist accommodation establishments in accordance with the Investment Law and Enterprise Law.
2. When organizing the business of prize-winning electronic games, an enterprise mentioned in Clause 1 of this Article shall apply for a business eligibility certificate.
3. Conditions for grant of a business eligibility certificate include:
a/ Having a tourist accommodation establishment of five-star class or high or superior class as ranked by a competent state management agency in accordance with the Law on Tourism and guiding documents;
b/ Having a place for building a business facility satisfying the conditions prescribed in Article 5 of this Decree;
c/ Having managers who have good ethical quality and professional qualifications of university or higher level; have worked for at least 3 years in the management of prize-winning electronic games; and are not banned from establishing and managing enterprises as prescribed in the Enterprise Law and the Government’s Decree No. 72/2009/ND-CP of September 3, 2009, prescribing the security and order conditions on a number of conditional business lines, and guiding, replacing or revising documents (if any);
d/ Fully satisfying the security and order conditions on conditional business lines prescribed in the Government’s Decree No. 72/2009/ND-CP of September 30, 2009, prescribing the security and order conditions on a number of conditional business lines, and guiding, replacing or revising documents (if any);
dd/ Having sufficient financial capability; earning profits and having no accumulated loss in the fiscal year preceding the year of submission of a dossier of application for a business eligibility certificate;
e/ Having an effective plan on business of prize-winning electronic games and ensuring security, social order and safety in accordance with law.
4. A tourist accommodation establishment may be considered for grant of only one (1) business eligibility certificate and such business eligibility certificate may only be granted to the enterprise owning such establishment.
Article 20. Dossiers of application for business eligibility certificates
A dossier of application for a business eligibility certificate comprises the following documents:
1. An application for a business eligibility certificate.
2. A certified copy of the investment certificate or enterprise registration certificate granted by a competent state management agency in accordance with the Investment Law and Enterprise Law.
3. A certified copy of the decision of a competent state management agency on ranking of the tourist accommodation establishment.
4. Documents proving the number of accommodation rooms of the tourist accommodation establishment already put into business.
5. The site plan of the business facility.
6. The audited financial statement of the fiscal year preceding the year of submission of the dossier of application.
7. A copy of the certificate of satisfaction of security and order conditions granted by a competent police office to the tourist accommodation establishment.
8. Draft regulation on internal management, organization of the internal control section, internal regulations on anti-money laundering, and game rules.
9. A business plan, containing the following principal details: objectives, number, types and categories of prize-winning electronic games, evaluation of business efficiency, estimated needs for foreign currency collection and spending, measures to assure security, social order and safety of the business facility, and the plan on implementation of this business plan.
10. A list, curricula vitae and copies of diplomas certified by competent state agencies proving professional qualifications of managers and executive officers.
Article 21. Order and procedures for grant of business eligibility certificates
1. An enterprise shall submit one (1) dossier set of application for a business eligibility certificate to the Ministry of Finance for examining the completeness and validity of the dossier. Within fifteen (15) days after receiving a dossier, the Ministry of Finance shall notify whether the dossier is complete and valid and request the enterprise to add documents (if any) and send six (6) official dossier sets for appraisal.
2. Within sixty (60) days after receiving a complete and valid dossier, the Ministry of Finance shall consider and grant a business eligibility certificate.
In case of refusal to grant a business eligibility certificate, the Ministry of Finance shall notify such in writing to the enterprise, clearly stating the reason.
3. Order and procedures for appraisal of a dossier:
a/ Within fifteen (15) days after receiving a valid dossier, the Ministry of Finance shall send a written request for opinions of related agencies, including the Ministry of Public Security, the Ministry of Culture, Sports and Tourism, the Ministry of Planning and Investment, the State Bank of Vietnam and provincial-level People’s Committee of the locality where the enterprise wishes to organize the business of prize-winning electronic games;
b/ Within fifteen (15) days after receiving the written request for opinions, requested agencies shall send their written opinions to the Ministry of Finance and take responsibility for their opinions;
c/ After receiving all opinions of related agencies, the Ministry of Finance shall summarize these opinions and consider and decide to grant or not to grant a business eligibility certificate.
4. Appraised contents
Pursuant to this Decree and other relevant laws, the Ministry of Finance and related agencies shall appraise contents of dossiers which are subject to the conditions prescribed in Article 19 of this Decree.
Article 22. Business eligibility certificates
1. A certificate of eligibility for the business of prize-winning electronic games has the following principal details:
a/ Name of the enterprise;
b/ Serial number and date of grant of the investment certificate or enterprise registration certificate;
c/ At-law representative of the enterprise;
d/ Number and types of prize-winning electronic games;
dd/ Business facility and its place in the tourist accommodation establishment;
e/ Validity duration;
g/ Other contents according to management requirements.
2. A business eligibility certificate specifies the validity duration of the licensed business (below referred to as duration) as requested by the enterprise which must not exceed the validity duration of the investment certificate or enterprise registration certificate and ten (10) years from the date it takes effect, except the cases specified in Article 51 of this Decree.
Article 23. Re-grant, modification and extension of business eligibility certificates
1. Re-grant of business eligibility certificates
In case business eligibility certificates of enterprises are lost or damaged due to natural disasters, fire or other objective reasons, enterprises shall make applications for re-grant, clearly stating reasons therefor.
Within fifteen (15) working days after receiving an application, the Ministry of Finance shall re-grant the business eligibility certificate to the enterprise, clearly stating the time of re-grant (first, second...). The serial number of the re-granted business eligibility certificate is that of the previous certificate.
2. Modification of business eligibility certificates
Where an enterprise wishes to modify any content in its business eligibility certificate specified in Clause 1, Article 22 of this Decree, it shall make an application for modification and send a complete dossier as guided by the Ministry of Finance.
Within thirty (30) working days after receiving a complete and valid dossier of application for modification, the Ministry of Finance shall grant a modified business eligibility certificate to the enterprise, clearly stating the time of modification (first, second...).
3. Extension of business eligibility certificates
a/ If an enterprise wishes to continue the business of prize-winning electronic games, it shall apply for extension of its business eligibility certificate at least six (6) months before such certificate expires. The extended validity duration of the business eligibility certificate is based on the request of the enterprise but must not exceed the validity duration of the investment certificate or enterprise registration certificate and ten (10) years from the date the business eligibility certificate is extended.
b/ Conditions for extension of a business eligibility certificate include:
- The business eligibility certificate remains valid for six (6) months when the application for extension is submitted;
- The business conditions specified at Points a, b, c and d, Clause 3, Article 19 of this Decree are fully satisfied;
- The business conditions are fully satisfied as concluded by an examination agency through regular examinations specified in Clause 3, Article 33 of this Decree.
4. The Ministry of Finance shall specifically guide the dossier, procedures and contents to be considered for re-grant, modification or extension of business eligibility certificates.
Article 24. Fee for grant of certificates
Fees for grant, re-grant, modification and extension of business eligibility certificates comply with the law on charges and fees as guided by the Ministry of Finance.
Article 25. Revocation of business eligibility certificates
1. An enterprise has its business eligibility certificate revoked in any of the following cases:
a/ It fails to organize its business operation twelve (12) months after obtaining the business eligibility certificate;
b/ It is dissolved or falls bankrupt in accordance with law;
c/ It has its investment certificate or enterprise registration certificate revoked;
d/ It fails to fully satisfy the business conditions as concluded by the examination agency as defined at Point a, Clause 3, Article 33 of this Decree;
dd/ It violates all regulations on organization and operation of the business of prize-winning electronic games as concluded by the examination agency as defined at Point b, Clause 3, Article 33 of this Decree.
2. A business eligibility certificate is automatically invalidated and revoked in the cases specified at Points b and c, Clause 1 of this Article.
3. The Ministry of Finance shall issue decisions on revocation of business eligibility certificates in the cases specified at Points a, b and dd, Clause 1 of this Article. Such decision must be notified to the enterprise ten (10) working days before the expected date of revocation.
4. Enterprises shall immediately terminate their business of prize-winning electronic games right after their business eligibility certificates are revoked.
5. The Ministry of Finance shall publicize decisions on revocation of business eligibility certificates of enterprises in the mass media.
Tìm kiếm
Nghị định 86/2013/NĐ-CP (Bản Word)
Nghị định 86/2013/NĐ-CP (Bản Pdf)