Chương 7 Nghị định 86/2013/NĐ-CP: Xử phạt vi phạm hành chính

Chapter VII

SANCTIONING OF ADMINISTRATIVE VIOLATIONS

Article 35. General provisions on sanctioning of administrative violations

1. Violators shall, depending on the nature and severity of their violations, be administratively sanctioned or examined for penal liability in accordance with law.

2. Administrative violations in the business of prize-winning electronic games that do not constitute any crimes and are specified in this Chapter must be administratively sanctioned.

3. Organizations and individuals engaged in the business of prize-winning electronic games that commit administrative violations in other fields as prescribed by other legal documents shall be administratively sanctioned under relevant legal documents.

Article 36. Sanctions against administrative violations and remedial measures

1. Sanctions against administrative violations in the business of prize-winning electronic games include:

a/ Caution;

b/ Fine: The maximum fine to be imposed for an administrative violation in the business of prize-winning electronic games is VND 100,000,000 for individuals, or VND 200,000,000 for organizations;

c/ Deprivation of the right to use certificates of eligibility for the business of prize-winning electronic games for a definite time;

d/ Confiscation of material evidences and means used for commission of administrative violations;

dd/ Expulsion.

2. The sanctions at Points a and b, Clause 1 of this Article are only prescribed and applied as principal sanctions. The sanctions at Points c, d and dd, Clause 1 of this Article are prescribed and applied as additional sanctions.

3. For each administrative violation, a violator is subject to only one principal sanction and may be subject to one or several additional sanctions specified at Points c, d and dd, Clause 1 of this Article. An additional sanction may only be imposed together with a principal sanction.

4. For each administrative violation, in addition to sanctions, a violator may be subject to one or several of the following remedial measures:

a/ Forcible restoration of the original state;

b/ Forcible re-export or destruction of prize-winning electronic game machines and equipment and tokens;

c/ Forcible correction of reported untruthful, incomplete or misleading information and data;

d/ Forcible refund of earnings from administrative violation or forcible recovery of illegally spent or collected money amounts;

dd/ Other remedial measures specified in Articles 37 thru 48 of this Decree.

Article 37. Violations of regulations on dossiers for grant of certificates of eligibility for business of prize-winning electronic games

1. A fine of between VND 20,000,000 and 30,000,000 is imposed on persons who tamper with or erase without permission documents in their dossiers of application for grant, re-grant, modification or extension of business eligibility certificates. A fine doubling this fine level is imposed on organizations and units committing the violation mentioned in this Clause.

2. A fine of between VND 40,000,000 and 50,000,000 is imposed on persons who forge or counterfeit documents in their dossiers of application for grant, re-grant, modification or extension of business eligibility certificates. A fine doubling this fine level is imposed on organizations and units committing the violation mentioned in this Clause.

3. Additional sanction:

Confiscation of modified, erased, forged or counterfeited documents in case violations are detected in the course of examination of dossiers for grant of business eligibility certificates.

4. Remedial measure:

Forcible addition of documents in dossiers in accordance with law in case violations are detected in the course of examination of dossiers for grant of business eligibility certificates.

Article 38. Violations of regulations on management and use of business eligibility certificates

1. A fine of between VND 90,000,000 and 100,000,000 is imposed on enterprises that tamper with or erase their business eligibility certificates.

2. A fine of between VND 130,000,000 and 150,000,000 is imposed on enterprises that lease out, lend or transfer their business eligibility certificates.

3. A fine of between VND 90,000,000 and 100,000,000 is imposed on persons who conduct the business of prize-winning electronic games without business eligibility certificates. A fine doubling this fine level is imposed on organizations and units that commit violations specified in this Clause.

4. Additional sanctions:

a/ Deprivation of the right to use business eligibility certificates for between three (3) and six (6) months, for administrative violations specified in Clause 1 of this Article;

b/ Deprivation of the right to use business eligibility certificates for twenty four (24) months, for administrative violations specified in Clause 2 of this Article.

5. Remedial measure:

Forcible refund of all earnings from administrative violations.

Article 39. Violations of regulations on business facilities and areas where business facilities are located in tourist accommodation establishments

1. A fine of between VND 90,000,000 and 100,000,000 is imposed on enterprises that locate their business facilities which do not fully satisfy the conditions prescribed by law.

2. A fine of between VND 180,000,000 and 200,000,000 is imposed on enterprises that organize the business of prize-winning electronic games not in locations indicated in their business eligibility certificates.

3. Additional sanctions:

a/ Deprivation of the right to use the right to use business eligibility certificates for between one (1) month and two (2) months, for administrative violations specified in Clause 1 of this Article;

b/ Deprivation of the right to use business eligibility certificates for between three (3) and six (6) months, for administrative violations specified in Clause 2 of this Article.

4. Remedial measure:

Forcible restoration of original locations of business facilities which fully satisfy the conditions prescribed by law and are indicated in business eligibility certificates.

Article 40. Violations of regulations on number, types and categories of prize-winning electronic games

1. A fine of between VND 130,000,000 and 150,000,000 is imposed on enterprises that organize the business with types of prize-winning electronic game machines and categories of prize-winning electronic games not permitted by law.

2. A fine of between VND 180,000,000 and 200,000,000 is imposed on enterprises that organize the business with prize-winning electronic game machines exceeding the prescribed limit quantity.

3. Additional sanctions:

a/ Deprivation of the right to use the right to use business eligibility certificates for between three (3) and six (6) months, for first-time violations;

b/ Deprivation of the right to use business eligibility certificates for twenty four (24) months, for recidivism.

4. Remedial measures:

a/ Forcible destruction or forcible re-export of prize-winning electronic game machines in excessive quantity or of types of or for categories of prize-winning electronic games not permitted by law;

b/ Forcible refund of all earnings from administrative violations.

Article 41. Violations of regulations on elaboration, sending and announcement of game rules

1. Caution is imposed for failure to announce game rules.

2. A fine of between VND 40,000,000 and 50,000,000 is imposed on enterprises that fail to send game rules to competent state management agencies defined in this Decree.

3. A fine of between VND 90,000,000 and 100,000,000 is imposed on enterprises that fail to elaborate game rules.

4. Additional sanction:

Deprivation of the right to use the right to use business eligibility certificates for between one (1) month and two (2) months, for administrative violations specified in Clauses 2 and 3 of this Article.

5. Remedial measure:

Forcible elaboration, sending and announcement of game rules in accordance with law.

Article 42. Violations of regulations on monitoring and management of persons eligible for playing prize-winning electronic games and persons permitted to enter and leave business facilities

1. A fine of between VND 90,000,000 and 100,000,000 is imposed on enterprises that fail to keep books for monitoring or grant cards for controlling persons entering and leaving their business facilities.

2. A fine of between VND 180,000,000 and 200,000,000 is imposed on enterprises that permit persons to enter and leave their business facilities in contravention of law.

3. Additional sanctions:

a/ Deprivation of the right to use the right to use business eligibility certificates for between one (1) month and two (2) months, for administrative violations specified in Clause 1 of this Article;

b/ Deprivation of the right to use business eligibility certificates for between six (6) and twelve (12) months, for administrative violations specified in Clause 2 of this Article which are committed for the first time;

c/ Deprivation of the right to use business eligibility certificates for twenty four (24) months, for recidivism of violations specified in Clause 2 of this Article.

4. Remedial measure:

Forcible compliance with regulations on monitoring and management of persons eligible for playing prize-winning electronic games and persons permitted to enter and leave business facilities.

Article 43. Violations of regulations on obligations of players

1. A caution is imposed on persons who fail to properly observe game rules and internal rules of business facilities already announced by enterprises.

2. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on persons that cause insecurity, social disorder and unsafety at business facilities.

3. A fine of between VND 90,000,000 and 100,000,000 is imposed on persons that cheat while playing prize-winning electronic games at business facilities. A fine doubling this fine level is imposed on organizations and individuals that commit the violations specified in this Clause.

4. Additional sanction:

Deprivation of the right to use business eligibility certificates for three (3) months, for enterprises that commit the violation specified in Clause 3 of this Article.

5. Remedial measure:

Forcible compliance with regulations on obligations of players.

Article 44. Violations of regulations on management of tokens

1. A fine of between VND 40,000,000 and 50,000,000 is imposed on enterprises that use tokens which do no fully satisfy the technical conditions.

2. A fine of between VND 60,000,000 and 70,000,000 is imposed on enterprises that fail to register their tokens with state management agencies under regulations.

3. A fine of between VND 90,000,000 and 100,000,000 is imposed on enterprises that use tokens of other enterprises or other than those registered with state management agencies.

4. Additional sanctions:

a/ Confiscation of all tokens, for violations specified in Clauses 1 and 3 of this Article;

b/ Deprivation of the right to use business eligibility certificates for between one (1) month and two (2) months, for administrative violations specified in Clause 2 of this Article.

5. Remedial measure:

Forcible compliance with regulations on management of tokens.

Article 45. Violations of regulations on management of prize-winning electronic game machines and equipment

1. A fine of between VND 40,000,000 and 50,000,000 is imposed on enterprises that fail to keep books for management of prize-winning electronic game machines.

2. A fine of between VND 60,000,000 and 70,000,000 is imposed on enterprises that purchase and manage spare equipment in contravention of law.

3. A fine of between VND 90,000,000 and 100,000,000 is imposed on enterprises that purchase prize-winning electronic game machines, which do not fully satisfy the technical conditions prescribed by law, from manufacturers or suppliers not on the list announced by competent state management agencies.

4. Additional sanctions:

a/ Confiscation of all violating prize-winning electronic game machines and equipment, for violations specified in Clauses 2 and 3 of this Article;

b/ Deprivation of the right to use business eligibility certificates for between one (1) month and two (2) months, for administrative violations specified in Clause 2 of this Article;

c/ Deprivation of the right to use business eligibility certificates for between three (3) and six (6) months, for administrative violations specified in Clause 3 of this Article.

5. Remedial measure:

Forcible compliance with regulations on keeping management books, for violations specified in Clause 1 of this Article.

Article 46. Violations of regulations on internal control, managers and executive officers

1. A fine of between VND 40,000,000 and 50,000,000 is imposed on enterprises that fail to elaborate and issue regulations on internal management at business facilities.

2. A fine of between VND 90,000,000 and 100,000,000 is imposed on enterprises that fail to set up their internal control sections in accordance with law;

3. A fine of between VND 180,000,000 and 200,000,000 is imposed on enterprises that appoint managers and executive officers who fail to fully satisfy standards and conditions prescribed by law.

4. Remedial measure:

Forcible compliance with regulations on internal control, managers and executive officers.

Article 47. Violations of regulations on prize payout and certification of winnings

1. A fine of between VND 10,000,000 and 20,000,000 is imposed on enterprises that intentionally delay the payout of prizes to players without plausible reasons.

2. A fine of between VND 90,000,000 and 100,000,000 is imposed on enterprises that certify winnings for ineligible persons or of a value different from the actual winning value.

3. Remedial measures:

a/ Forcible payout of prizes to players at their and according to game rules;

b/ Forcible revocation of written certifications of winnings which are improperly made.

Article 48. Violations of regulations on discounts, sales promotion and financial management regime

1. A fine of between VND 60,000,000 and 70,000,000 is imposed on enterprises that violate the financial management regime promulgated by a competent state management agency.

2. A fine of between VND 90,000,000 and 100,000,000 is imposed on enterprises that violate this Decree’s provisions on discounts and sales promotion.

3. Additional sanction:

Deprivation of the right to use business eligibility certificates for between one (1) month and two (2) months, for administrative violations specified in Clause 2 of this Article.

4. Remedial measures:

a/ Forcible recovery of all sales promotion expenses illegally spent;

b/ Forcible compliance with regulations on violations of the financial management regime.

Article 49. Competence to sanction administrative violations

1. Financial inspectors at all levels on duty may:

a/ Impose caution;

b/ Apply the remedial measures specified at Points a and b, Clause 4, Article 36 of this Decree.

2. Chief inspectors of provincial-level Finance Departments and equivalent post holders who are assigned to perform the specialized inspection function may:

a/ Impose caution;

b/ Impose fine of up to VND 50,000,000;

c/ Confiscate material evidences and means used for commission of administrative violations which are of a value not exceeding the fine level specified at Point b of this Clause;

d/ Apply the remedial measures specified in Clause 4, Article 36 of this Decree.

3. Heads of specialized inspection teams of the Ministry of Finance may:

a/ Impose caution;

b/ Impose fine of up to VND 140,000,000;

c/ Confiscate material evidences and means used for commission of administrative violations which are of a value not exceeding the fine level specified at Point b of this Clause;

d/ Apply the remedial measures specified in Clause 4, Article 36 of this Decree.

4. The Chief Inspector of the Ministry of Finance may:

a/ Impose caution;

b/ Impose fine of up to VND 200,000,000;

c/ Deprive of the right to use business eligibility certificates for a definite time under this Decree;

d/ Confiscate material evidences and means used for commission of administrative violations;

dd/ Apply the remedial measures specified in Clause 4, Article 36 of this Decree.

5. Chairpersons of People’s Committees at all levels may, within the ambit of their powers as provided in the law on handling of administrative violations, sanction administrative violations in the business of prize-winning electronic games under this Decree.

6. In addition to the persons with sanctioning competence specified in Clauses 1, 2, 3, 4 and 5 of this Article, persons competent to sanction administrative violations from other agencies defined in the law on handling of administrative violations may, within the ambit of their assigned functions and tasks, sanction administrative violations prescribed in this Decree which they detect in the fields or localities under their management.

Article 50. Sanctioning procedures and other matters

1. Sanctioning principles and statute of limitations, time limits upon the expiration of which a person is regarded as having never been administratively sanctioned, sanctioning procedures, execution and enforcement of sanctioning decisions comply with the Law on Handling of Administrative Violations and guiding documents.

2. The lodging and settlement of complaints and denunciations about decisions on sanctioning administrative violations in the business of prize-winning electronic games comply with the law on complaints and denunciations.