Chương 6 Nghị định 86/2013/NĐ-CP: Quản lí nhà nước, kiểm tra, thanh tra

Chapter VI

STATE MANAGEMENT, EXAMINATION AND INSPECTION

Article 32. 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 provincial-level People’s Committees 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, covering:

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, modifying, extending and revoking certificates of eligibility for the business of prize-winning electronic games under this Decree;

c/ Promulgating a detailed list of types and categories of prize-winning electronic games;

d/ Announcing a list of manufacturers and suppliers of prize-winning electronic game machines and organizations conducting independent inspection of prize-winning electronic game machines; guiding technical conditions for prize-winning electronic game machines;

dd/ Examining, inspecting, and handling violations of the law on the business of prize-winning electronic games under this Decree;

e/ Performing other tasks prescribed by law.

2. The Ministry of Planning and Investment shall:

a/ Coordinate with the Ministry of Finance in considering and giving opinions on the grant, re-grant, modification, extension and revocation of business eligibility certificates under this Decree;

b/ Coordinate with ministries, sectors and localities in managing and supervising the business of prize-winning electronic games.

3. The Ministry of Public Security shall:

a/ Manage security and order in the business of prize-winning electronic games for foreigners in accordance with law;

b/ Assume the prime responsibility for, and coordinate with concerned agencies, organizations and individuals in, preventing and combating money laundering crimes in the business of prize-winning electronic games in accordance with law;

c/ Assume the prime responsibility for, and coordinate with related agencies and organizations in, preventing and combating illegal gambling and other violations of law;

d/ Coordinate with the Ministry of Finance in considering and giving opinions on the grant, re-grant, modification, extension and revocation of business eligibility certificates under this Decree;

dd/ Coordinate with ministries, sectors and localities in managing and supervising the business of prize-winning electronic games.

4. The Ministry of Culture, Sports and Tourism shall:

a/ Guide 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/ Coordinate with the Ministry of Finance in considering and giving opinions on the grant, re-grant, modification, extension and revocation of business eligibility certificates under this Decree;

c/ Coordinate with ministries, sectors and localities in managing and supervising the business of prize-winning electronic games.

5. The 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/ Coordinate with the Ministry of Public Security and related ministries and sectors 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/ Prescribe dossiers, order and procedures for permitting enterprises to collect and spend foreign-currency amounts and conduct other foreign exchange activities related to the business of prize-winning electronic games in accordance with the law on foreign exchange management;

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/ Coordinate with the Ministry of Finance in considering and giving opinions on the grant, re-grant, modification, extension and revocation of business eligibility certificates under this Decree;

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

dd/ To coordinate with ministries, sectors and localities in managing and supervising the business of prize-winning electronic games.

7. The 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. Provincial-level People’s Committees shall:

a/ Coordinate with the Ministry of Finance in considering and giving opinions on the grant, re-grant, modification, extension and revocation of business eligibility certificates under this Decree;

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

c/ Revise and modify licenses granted to local enterprises engaged in the business of prize-winning electronic games according to the competence provided in the Investment Law and Enterprise Law and after the Ministry of Finance grants business eligibility certificates under this Decree;

d/ 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 localities.

Article 33. Examination and inspection

1. State management agencies shall conduct examination and 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 and combat or as assigned by heads of competent state management agencies.

2. Provincial-level People’s Committees shall conduct annual examination to assure adequate and proper observance by enterprises of regulations on business conditions in the course of doing the business of prize-winning electronic games. An enterprise is subject to regular examination only once a year.

3. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, the Ministry of Public Security, the Ministry of Culture, Sports and Tourism, related ministries and sectors, and provincial-level People’s Committees of localities where enterprises organize their business of prize-winning electronic games in, conducting regular examination once every three (3) years to examine the enterprise’s capability to maintain business conditions or consider revoking their business eligibility certificates. Examination contents include:

a/ Examination of full satisfaction of the conditions for grant of business eligibility certificates specified at Points a, b, c and d, Clause 3, Article 19 of this Decree.

Particularly for enterprises specified in Clause 1, Article 51 of this Decree, examination of full satisfaction of the conditions for grant of business eligibility certificates specified at Points b, c and d, Clause 3, Article 19 of this Decree.

b/ Examination of adequate and proper observance of this Decree’s provisions on organization of the business of prize-winning electronic games, covering the following principal contents:

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

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

- Observance of regulations on internal management and control, financial regulations and game rules;

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

- Observance of regulations on finance, accounting and state budget remittance obligation.

4. The Ministry of Finance and provincial-level People’s Committees shall decide on irregular examinations upon detecting enterprises showing signs of violation of regulations on persons eligible for playing prize-winning electronic games and assurance of security, social order and safety, or receiving reports on crimes related to enterprises.

5. The examination and inspection of performance of tax obligations of enterprises comply with law.

Article 34. Powers of state management agencies

In the course of performing the management, examination 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, examination 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 law and notify such in writing to the agency that has granted business eligibility certificates for consideration and coordinated examination, inspection and handling of such violations.