MINISTRY OF FINANCE | SOCIALIST REPUBLIC OF VIETNAM |
No. 54/VBHN-BTC | Hanoi, December 31, 2020 |
GUIDING IMPLEMENTATION OF DECREE NO. 86/2013/ND-CP DATED JULY 29, 2013 OF THE GOVERNMENT ON THE BUSINESS OF PRIZE-WINNING ELECTRONIC GAMES FOR FOREIGNERS
Circular No. 11/2014/TT-BTC dated January 17, 2014 of Ministry of Finance guiding implementation of Decree No. 86/2013/ND-CP dated July 29, 2013 of the Government on the business of prize-winning electronic games for foreigners coming into effect from March 15, 2014, and amendments thereto under:
1. Circular No. 57/2017/TT-BTC dated June 2, 2017 of Ministry of Finance on amendments to Circular No. 11/2014/TT-BTC dated January 17, 2014 of Ministry of Finance guiding implementation of Decree No. 86/2013/ND-CP dated July 29, 2013 of the Government on the business of prize-winning electronic games for foreigners coming into effect from July 17, 2017.
2. Circular No. 84/2020/TT-BTC dated October 1, 2020 of Minister of Finance on amendments to periodic reporting regime within decision capability of Minister of Finance in banking financial sector coming into effect from November 15, 2020.
Pursuant to Decree No. 86/2013/ND-CP dated July 29, 2013 of the Government on the business of prize-winning electronic games for foreigners;
Pursuant to Decree No. 215/2013/ND-CP dated December 23, 2013 of the Government on functions, tasks, powers, and organizational structure of the Ministry of Finance;
At request of Director General of Department of Banking and Financial Institutions;
Minister of Finance promulgates Circular on guiding implementation of Decree No. 86/2013/ND-CP dated July 29, 2013 of the Government on the business of prize-winning electronic games for foreigners[2].
Chapter I
GENERAL PROVISIONS
This Circular provides guidelines for Decree No. 86/2013/ND-CP dated July 29, 2013 of the Government on the business of prize-winning electronic games for foreigners (hereinafter referred to as “Circular No. 86/2013/ND-CP”) and Decree No. 175/2016/ND-CP dated December 30, 2016 of the Government on amendments to Decree No. 86/2013/ND-CP of the Government (hereinafter referred to as “Decree No. 175/2016/ND-CP”).
Article 2. Regulated entities
1. Enterprises engaged in the business of prize-winning electronic games for foreigners.
2. Individuals permitted to pay and individuals permitted to enter and exit facilities for doing the business of prize-winning electronic games for foreigners (hereinafter referred to as “business facilities”) as per the law.
3. Enterprises manufacturing and/or providing machines and equipment of prize-winning electronic game machines and independent accreditation organizations for accrediting prize-winning electronic game machines when providing machines and equipment of prize-winning electronic game machines and accreditation service for prize-winning electronic game machines according to this Circular.
4. Regulatory agencies whose functions are related to licensing, managing, supervising, inspecting, examining and imposing penalties against administrative violations in the business of prize-winning electronic games for foreigners.
5. Other organizations and individuals related to the business of prize-winning electronic games for foreigners.
Chapter II
ORGANIZATIONS ENGAGED IN THE BUSINESS OF PRIZE-WINNING ELECTRONIC GAMES
1. Enterprises engaged in the business of prize-winning electronic games for foreigners (hereinafter collectively referred to as “enterprises”) are responsible for situating business facilities in a manner that conforms to Article 5 of Decree No. 86/2013/ND-CP and Clause 2 Article 1 of Decree No. 175/2016/ND-CP.
2. Enterprises must install electronic equipment and surveillance camera systems to regularly monitor and supervise all activities within business facilities around the clock, in which, following locations must be under supervision:
a) Entrances and exits of business facilities;
b) Areas where prize-winning electronic game machines are installed in order to supervise all activities of players who are engaged in prize-winning electronic game machines;
c) Cashier areas, storage of cash, tokens and accounting areas of cash, tokens.
3. Images recorded from locations specified under Clause 2 of this Article must be fully archived in at least 30 days from the date of recording. If necessary, archive period may be extended at request of competent regulatory agencies.
4. Enterprises must develop regulations on security supervision and monitor in business facilities, which elaborate areas for security supervision, monitor, areas for storage of documents, images and individuals permitted to enter, exit areas for security supervision, monitor.
5. Enterprises are responsible for providing regulations, documents and images to competent regulatory agencies during management, supervision, inspection and/or examination.
Article 4. Logs of individuals entering and leaving business facilities
1. Enterprises must keep logs to control individuals permitted to play and individuals permitted to enter, exit business facilities according to Article 9 and Article 11 under Decree No. 86/2013/ND-CP. Logs shall be made in written form or electronic form. Logs must be archived in at least 2 years to serve management, supervision, examination and inspection affairs of competent regulatory agencies.
2. Logs for controlling individuals permitted to play in business facilities according to Article 9 of Decree No. 86/2013/ND-CP must include following details:
a) Code of electronic cards (if any);
b) Full name;
c) Valid passport or laissez-passer number;
d) Nationality;
dd) Identification photos (if issued with electronic cards);
e) Time of entering, exiting business facilities;
g) Other information related to player control at request of enterprises.
3. Logs for controlling individuals permitted to enter, exit business facilities according to Clause 2 and Clause 3 Article 11 of Decree No. 86/2013/ND-CP must include following details:
a) Information specified under Points a, b, dd, and e Clause 2 of this Article;
b) Position and titles of individuals assigned in business facilities;
c) Time of working in business facilities;
d) Other information related to the control of individuals permitted to enter, exit business facilities at request of enterprises.
1. Enterprises shall have the rights to decide on quantity of prize-winning electronic game machines for practical business but must not exceed the maximum number of prize-winning electronic game machines under certificates of eligibility or Clause 16 Article 1 of Decree No. 175/2016/ND-CP.
2. Based on practical quantity prize-winning electronic game machines, enterprises may choose machine types, forms of prize-winning electronic games and percentage of prize-winning electronic game machines according to Annex 1 under this Circular.
3. Within 5 working days from the date on which enterprises begin to engage in the business of prize-winning electronic games, enterprises are responsible for submitting written reports on quantity, type of machines, forms of prize-winning electronic games and percentage of active prize-winning electronic game machines in practice to Ministry of Finance, Departments of Finance, Departments of Culture, Sports and Tourism, and local Departments of Taxation for supervision.
4. During business process, enterprises shall have the right to alter quantity, type of machines, forms of prize-winning electronic games and percentage of prize-winning electronic game machines while complying with regulations on quantity, type of machines, forms of prize-winning electronic games and percentage of prize-winning electronic game machines under this Circular, Decree No. 175/2016/ND-CP and relevant law provisions.
In case of changes to quantity, type of machines, forms of prize-winning electronic games or percentage of prize-winning electronic game machines, enterprises are responsible for submitting written reports to Ministry of Finance, Departments of Finance, Departments of Culture, Sports and Tourism and local Departments of Taxation within 5 working days from the date on which such changes take place.
1. Tokens serving as substitutes for cash in business facilities of enterprises may come in following forms:
a) Coins;
b) Cards, tickets;
c) Exchange scores;
d) Other substitutes for cash regulated by enterprises.
2. Tokens specified under Points a and b Clause 1 of this Article must include following information:
a) Name of symbol of enterprises;
b) Code and symbol of tokes;
c) Value of tokens;
d) Name and symbol of manufacturers and/or suppliers (if any);
dd) Other details at request of enterprises.
3. At least 5 working days before tokens are brought into operation, enterprises must register with Departments of Finance and supervisory tax authorities in terms of forms, models, quantity, types of tokens.
4. Enterprises shall have the rights to cease using tokens registered with regulatory agencies specified under Clause 3 of this Article on their own volition. Enterprises must inform said regulatory agencies at least 5 working days before tokens are ceased. The written notice must specify the date on which tokens are ceased, reasons for ceasing and estimated date of continuation. Changes to estimated date of continuation must be informed to the regulatory agencies in written form by the enterprises.
5. Enterprises must keep logs of tokens, including following details:
a) Form of tokens;
b) Quantity and type of tokens purchased, re-exported or disposed by enterprises, in which, specify by each value and foreign exchange type, date of purchase, re-export or disposal, name of manufacturers, suppliers (if any) for tokens specified under Points a and b Clause 1 of this Article;
c) Other details at request of enterprises.
6. Purchase, re-export or disposal of tokens shall conform to Article 14 of Decree No. 86/2013/ND-CP, Clause 4 Article 1 of Decree No. 175/2016/ND-CP, Article 8 of this Circular and relevant law provisions.
1. Only enterprises which have been issued with certificates of eligibility and enterprises specified under Clause 16 Article 1 of Decree No. 175/2016/ND-CP can purchase backup equipment of prize-winning electronic game machines to replace when necessary according to Clause 3 Article 14 of Decree No. 86/2013/ND-CP.
2. Backup equipment of prize-winning electronic game machines permitted to be purchased includes:
a) Monitor;
b) Cash, token receipt systems;
c) Payout system;
d) Storage system;
dd) Circuit board.
3. Quantity of each equipment under Clause 2 of this Article must not exceed 10% of total number of the same equipment of currently active prize-winning electronic game machines of enterprises.
4. Equipment specified under Clause 2 of this Article must be 100% new equipment.
5. Enterprises must keep logs of each backup equipment of prize-winning electronic game machines including following basic details:
a) Specific quantity and type of backup equipment of prize-winning electronic game machine purchased, re-exported or disposed by enterprises;
b) Date of purchase, re-export or disposal;
c) Name of manufacturers, suppliers;
d) Serial number of equipment (if any);
dd) Year of manufacturing;
e) Year of expiration (if any);
g) Date of bringing each equipment into use;
h) Reasons of bringing into use.
6. When using backup equipment of prize-winning electronic game machines as replacement, enterprises must keep logs of machines receiving replacement , replaced equipment and reasons for replacing.
7. Replacement of equipment must:
a) not affect minimum payout percentage specified under Clause 3 Article 1 of Decree No. 175/2016/ND-CP;
b) not increase quantity of machines, type of machines, forms of prize-winning electronic games eligible for provision.
Article 8. Procedures for disposing machines, equipment of prize-winning electronic game machines and tokens
1. Disposal of machines, equipment of prize-winning electronic game machines and tokens shall conform to Clause 4 and Clause 5 Article 14 of Decree No. 86/2013/ND-CP and this Circular.
2. Procedures for disposing machines, equipment of prize-winning electronic game machines and tokens are as follows:
a) Enterprises submit request to Departments of Finance, Departments of Culture, Sports and Tourism and supervisory tax authorities to state plan for disposal and request said agencies to send representatives for supervising and confirming disposal process;
b) Within 7 working days from the date on which written request of enterprises are received, agencies under Point a of this Clause must send written confirmation to enterprises to verify dispatch of representatives of the agencies to supervise disposal process. Enterprises are allowed to disposal as long as at least 1 representative of any agencies above are present to supervise disposal process;
c) Within 7 working days from the date on which written confirmation of relevant agencies are received, enterprises shall inform representatives of said agencies about specific time and location of disposal, quantity, type of machines, equipment of prize-winning electronic game machines and tokens expected to be disposed, disposal methods and organize disposal as stated;
d) Upon finishing disposal, parties shall produce records of disposal using form under Annex 2 attached to this Circular.
Article 10. Technical conditions of prize-winning electronic game machines (annulled)[9]
Article 11. Regulations on resolving conflicts in business facilities
1. Enterprises must develop Regulations on resolving conflicts between players and players, and between players and enterprises in business facilities. Regulations on resolving conflicts must include following basic details:
a) Cases in which conflicts are resolved according Regulations on resolving conflicts;
b) Procedures for resolving conflicts, which specify: Application for conflict resolution, application receipt departments, conflict resolution period of enterprises and entitlement to conflict resolution;
c) Specific responsibilities of parties in conflict resolution;
d) Other relevant details decided by enterprises.
2. Enterprises must openly post and issue leaflets of Regulations on conflict resolution in business facilities.
3. Relevant parties are responsible for complying with Regulations on conflict resolution in business facilities. In case any party disagrees with conflict resolution results, parties shall adopt procedures for bringing the case to court for resolution according to civil regulations and law of Vietnam.
Chapter III
APPLICATION AND PROCEDURES FOR ISSUANCE OF CERTIFICATES OF ELIGIBILITY FOR ENGAGING IN BUSINESS OF PRIZE-WINNING ELECTRONIC GAMES
1. Enterprises satisfying requirements under Article 19 of Decree No. 86/2013/ND-CP and Clause 6 Article 1 of Decree No. 175/2016/ND-CP shall be considered for issuance of certificates of eligibility. Application, procedures and appraisal details for issuance of certificates of eligibility shall conform to Article 20, Article 21 of Decree No. 86/2013/ND-CP and Clause 7, Clause 8 Article 1 of Decree No. 175/2016/ND-CP, in which, application for issuance of certificates for eligibility shall be produced using form under Annex 3 attached to this Circular.
2. When considering issuance of certificates of eligibility for enterprises under Clause 1 of this Article, Ministry of Finance shall rely on total number of rooms for accommodation purposes in tourist accommodation establishments which are engaged in the business to determine number of prize-winning electronic games according to Clause 1 Article 7 of Decree No. 86/2013/ND-CP.
3. Certificates of eligibility shall be issued by Ministry of Finance using form under Annex 5 attached to this Circular.
1. Application for reissuance of certificates of eligibility for cases under Clause 1 Article 23 of Decree No. 86/2013/ND-CP composes of:
a) Application for reissuance of certificates of eligibility using form under Annex 4 attached to this Circular;
b) Certified true copies or copies and master registers for comparison of valid investment registration certificates or enterprise registration certificates issued by competent regulatory agencies;
c) Certified true copies of certificates of eligibility of enterprises which are lost, missing or damaged (if any).
2. Procedures for reissuance of certificate of eligibility
Within 15 working days from the date on which adequate applications of enterprises specified under Clause 1 of this Article are received, Ministry of Finance shall reissue certificates of eligibility according to Clause 1 Article 23 of Decree No. 86/2013/ND-CP.
3. Valid period of reissued certificates of eligibility shall be the remaining valid period under the latest issued, reissued or revised certificates of eligibility.
1. Application for revision of certificates of eligibility for cases under Clause 2 Article 23 of Decree No. 86/2013/ND-CP composes of:
a) Application for revision of certificates of eligibility using form under Annex 4 attached to this Circular;
b) Certified true copies or copies and master registers for comparison of valid investment registration certificates or enterprise registration certificates issued by competent regulatory agencies;
c) Certified true copies or copies and master registers for comparison of certificate of eligibility;
d) Documents proving compliance of revised details of certificates of eligibility to Clause 2 Article 23 of Decree No. 86/2013/ND-CP and relevant law provisions.
2. Procedures for revision of certificate of eligibility
Within 30 working days from the date on which adequate applications of enterprises specified under Clause 1 of this Article are received, Ministry of Finance shall issue revised certificates of eligibility according to Clause 2 Article 23 of Decree No. 86/2013/ND-CP.
3. Valid period of revised certificates of eligibility shall be the remaining valid period under the latest issued, reissued or revised certificates of eligibility.
1. Application for extension of valid period of certificates of eligibility for cases under Clause 3 Article 23 of Decree No. 86/2013/ND-CP composes of:
a) Application for extension of valid period of certificates of eligibility using form under Annex 4 attached to this Circular;
b) Certified true copies or copies and master registers for comparison of certificates of eligibility which remain valid for at least another 6 months before submission of application for extension of valid period of certificates of eligibility;
c) Documents specified under Clauses 4, 5, 7, and 8 Article 20 of Decree No. 86/2013/ND-CP and Clause 7 Article 1 of Decree No. 175/2016/ND-CP;
d) Certified true copies or copies and master registers for comparison of written confirmation for fulfillment of business conditions produced by Inspecting authorities in case of periodic inspection under Clause 12 Article 1 of Decree No. 175/2016/ND-CP and Point b Clause 3 Article 33 of Decree No. 86/2013/ND-CP.
dd) Business measures, including following basic details:
- Conditions of prize-winning electronic game business prior to submission of applications for extension of valid period of certificates of eligibility, Including: Maximum quantity of prize-winning electronic game machines allowed, information on business location (position ,area), quantity, type of machines, forms of prize-winning electronic games currently provided by enterprises, results of prize-winning electronic game business of enterprises in the last 3 years prior to the date of submitting application for extension of valid period of certificates of eligibility (revenues, cost, profits and amounts payable to state budget) and compliance with regulations and law related to the business of prize-winning electronic games during business period;
- Estimated future business plans, including: Proposed quantity, types of machines, forms of prize-winning electronic games permitted for business, expected revenue, cost, profits, expected revenue, cost demands in foreign currency, security, order and social safety measures for business facilities, period applied for extension, plan for implementation and commitment of enterprises to comply with regulations and law related to prize-winning electronic games in the future.
2. Procedures for extending valid period of certificates of eligibility shall conform to Clause 1, Clause 2, and Clause 3 Article 21 of Decree No. 86/2013/ND-CP.
3. Ministry of Finance shall take charge and cooperate with relevant agencies, including: Ministry of Planning and Investment, Ministry of Culture, Sports and Tourism, Ministry of Public Security, State Bank of Vietnam and People’s Committees of provinces and central-affiliated cities where enterprises are engaged in prize-winning electronic game business in appraising application based on conditions under Point b Clause 3 Article 23 of Decree No. 86/2013/ND-CP.
1. Fees for issuance and extension of certificates of eligibility of enterprises shall be VND 150,000,000.
2. Fees for reissuance and revision of certificates of eligibility of enterprises shall be VND 20,000,000.
3. Fees for issuance, reissuance, revision and extension of certificates of eligibility specified under Clause 1 and Clause 2 of this Article shall be government revenues.
4. Once enterprises are considered eligible for issuance, reissuance, revision and extension of certificates of eligibility, Ministry of Finance shall inform to enable enterprises to submit fees as per the law.
5. After receiving notice of Ministry of Finance, enterprises are responsible for submitting fees to state budget under applicable state budget annex according to Circular No. 328/2016/TT-BTC dated December 26, 2016 of Ministry of Finance guiding collection and management of government budget revenues via State Treasury and revision documents (if any) and send 1 copy of deposit order depicting money submission to state budget to Ministry of Finance. Enterprises shall only have their certificates of eligibility issued, reissued, revised and extended once they have submitted fees to state budget.
Chapter IV
FINANCIAL MANAGEMENT, ACCOUNTING REGIME, AUDIT AND REPORTING REGIME
Article 17. Accounting and revenue, cost management principles
1. Enterprises engaged in prize-winning electronic game business must keep independent account of revenues, cost and profits related to the business of prize-winning electronic games and monitor these amounts on systems of accounting records and financial statements.
2. In case revenues and costs related to the business of prize-winning electronic games are connected with other businesses of enterprises, enterprises shall distribute these revenues and costs based on percentage over total revenues and costs of general business activities of enterprises and register with supervisory tax authorities.
3. Enterprises are responsible for keeping account of revenues and costs in a manner satisfactory to accounting norms and guidelines under this Circular.
4. Determination of revenues and costs for declaration and calculation of payable tax for the business of prize-winning electronic games shall conform to applicable regulations and law on tax and guiding documents.
Article 18. Revenue
Revenues of prize-winning electronic game business include:
1. Revenues generated from prize-winning electronic game machines.
2. Revenues generated from financial activities and other revenues generated from prize-winning electronic game business according to applicable accounting regimes.
Article 19. Costs
Costs of prize-winning electronic game business refer to all costs serving prize-winning electronic game business determined according to regulations and law on tax, in which:
1. Payout costs are actual reward amount paid by enterprises to winning players who play games on prize-winning electronic games according to game rules and regulations and law on tax.
2. Costs for hiring managers shall conform to contracts for hiring managers as long as maximum costs related to hiring managers must not exceed 4% of revenues of prize-winning electronic game business.
3. Costs for sale promotion shall conform to Clause 3 Article 28 of Decree No. 86/2013/ND-CP.
Article 20. Discount
Discount provided by enterprises engaged in the business of prize-winning electronic games according to Article 28 of Decree No. 86/2013/ND-CP shall be as follows:
1. Discount beneficiaries: players who purchase tokens for a minimum price of USD 50,000/time.
2. Enterprises shall benefit from a reduction in taxable revenues according to regulations and law on tax. Method of determining reduced tax shall conform to regulations and law on tax.
3. Enterprises must register with supervisory tax authorities regarding discount policies.
Article 21. Management of cash and tokens in storage, cashier counters and prize-winning electronic game machines
1. Enterprises must develop and issue regulations on financial management and procedures for managing tokens, and organize management to ensure separation between storage and cashiers, and between prize-winning electronic game machines.
2. Enterprises are only allowed to exchange to cash, tokens for players before playing and return cash to players at cashiers, and produce record of currency exchange using form under Annex 9 attached to this Circular. Cashier personnel must monitor specific amount of cash and tokens involved in each exchange session.
3. Enterprises must install containers (bags) specialized in containing cash and tokens. These containers (bags) must be sealed prior to being taken out of storage and immediately after being taken out of prize-winning electronic game machines.
4. Removal of seal of containers (bags) and inventory affairs, calculation, transaction at cashier counters must be performed at a definite time according to regulations financial management, regulations on token management of enterprises and verified by following documents: Record of outgoing tokens, Record of incoming tokens, Record of total revenues, Cashier closing record under Annexes 7, 8, 10, and 11 respectively attached to this Circular.
Article 22. Accounting, audit regimes and publicizing financial statements
1. Enterprises shall comply with accounting regime according to Law on Accounting and applicable accounting laws.
2. Annual financial statements of enterprises engaged in the business of prize-winning electronic games must be audited by independent audit organizations licensed for legal operation in Vietnam.
3. Within 90 days from the date on which annual accounting period concludes, enterprises engaged in prize-winning electronic games must publicize financial statements as per the law.
4. Enterprises shall archive financial statements according to Law on Accounting. Specific declarations under this Circular must be archived for at least 3 years to serve inspection and examination affairs of regulatory agencies.
Article 23. Reporting regime
1. At the end of (quarterly, yearly) reporting period, enterprises engaged in prize-winning electronic games must produce and submit financial statements and statistical reports as per the law. Legal representatives of enterprises engaged in prize-winning electronic games must be legally responsible for accuracy and truthfulness of said reports.
2. In addition to financial statements prepared as per the law specified under Clause 1 of this Article, on a quarterly basis or at the end of a year, enterprises engaged in prize-winning electronic games must produce and submit following reports:
a) Reports on quantity, type of machines, forms of prize-winning electronic games using form under Annex 12 attached to this Circular;
b) Reports on purchase, use, re-export or disposal of equipment of prize-winning electronic games using form under Annex 13 attached to this Circular;
c) Reports on the business of prize-winning electronic games using form under Annex 14 attached to this Circular.
3. Report deadline and submission location:
a) Financial statements produced as per the law under Clause 1 of this Article shall be submitted to Ministry of Finance, Departments of Finance, Departments of Culture, Sports and Tourism, and local Departments of Taxation within 15 days after annual reporting period ends;
b) Reports under Clause 2 of this Article shall be submitted to Ministry of Finance, Departments of Finance, Departments of Culture, Sports and Tourism, and local Departments of Taxation within 15 days after (yearly, quarterly) reporting period ends;
c) [15]Report submission methods are as follows:
- In person in physical form;
- Via postal service in physical form;
- Via email or specialized information software for reporting;
- Other methods as per the law.
4. In case Ministry of Finance, People’s Committees of provinces and central-affiliated cities request irregular reports, enterprises engaged in prize-winning electronic games must produce and send reports at request.
Chapter V
RESPONSIBILITIES OF ORGANIZATIONS
Article 24. Responsibilities of People’s Committees of provinces and central-affiliated cities
Being responsible for managing, supervising, inspecting and directing relevant agencies under their management to manage, supervise and examine in order to guarantee adequate compliance with Decree No. 86/2013/ND-CP, this Circular and relevant law provisions of the business of prize-winning electronic games within their administrative divisions.
Article 25. Responsibilities of Departments of Finance
Being responsible for managing, supervising, inspecting and advising People’s Committees of provinces and central-affiliated cities on management, supervision and inspection of the local business of prize-winning electronic games according to Decree No. 86/2013/ND-CP, this Circular and relevant law provisions.
Article 26. Responsibilities of local Departments of Taxation
1. Cooperating with Departments of Finance and relevant agencies in managing, supervising and inspecting the local business of prize-winning electronic games according to Decree No. 86/2013/ND-CP, this Circular and relevant law provisions.
2. Managing, inspecting and examining fulfillment of tax and fee obligations of enterprises engaged in the business of prize-winning electronic games as per the law.
Article 27. Responsibilities of manufacturers and suppliers of prize-winning electronic game machines and independent accreditation organizations of prize-winning electronic game machines
Enterprises manufacturing, providing machines, equipment of prize-winning electronic game machines and independent accreditation organizations for accrediting of prize-winning electronic game machines when providing machines, equipment of prize-winning electronic game machines and accreditation service of prize-winning electronic game machines according to this Circular are responsible for complying with regulations and law applicable to the business of prize-winning electronic games according to Decree No. 86/2013/ND-CP, this Circular and relevant law provisions.
Article 28. Responsibilities of enterprises engaged in the business of prize-winning electronic games
1. Complying with regulations and law applicable to the business of prize-winning electronic games according to Decree No. 86/2013/ND-CP, this Circular and other relevant law provisions.
2. Developing and issuing regulations and procedures for professional management of enterprises in order to guarantee transparency, honesty and compliance with regulations and law in the business of prize-winning electronic games.
Chapter VI
IMPLEMENTATION
Enterprises under Clause 16 Article 1 of Decree No. 175/2016/ND-CP which are currently engaged in the business of prize-winning electronic games may continue with previously, legally purchased prize-winning electronic game machines until new machines are replaced. In case new machines are replaced, comply with Decree No. 86/2013/ND-CP, Decree No. 175/2016/ND-CP and this Circular.
1. This Circular comes into force from March 15, 2014.
2. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Finance for consideration./.
| CERTIFIED BY PP. MINSTER |
[1] This document is joined from the following 3 Circulars:
- Circular No. 11/2014/TT-BTC dated January 17, 2014 of Ministry of Finance guiding Decree No. 86/2013/ND-CP dated July 29, 2013 of the Government on the business of prize-winning electronic games for foreigners, coming into effect from Mary 15, 2014.
- Circular No. 57/2017/TT-BTC dated June 2, 2017 of Ministry of Finance on amendments to Circular No. 11/2014/TT-BTC dated January 17, 2014 guiding Decree No. 86/2013/ND-CP dated July 29, 2013 of the Government on the business of prize-winning electronic games for foreigners, coming into effect from July 17, 2017 (hereinafter referred to as Circular No. 57/2017/TT-BTC).
- Circular No. 84/2020/TT-BTC dated October 1, 2020 of Ministry of Finance on amendments to periodic reporting regimes within competence of Minister of Finance in financial banking sector, coming into effect from November 15, 2020 (hereinafter referred to as Circular No. 84/2020/TT-BTC).
This document does not replace 3 Circulars above.
[2] - Basis for issuance of Circular No. 57/2017/TT-BTC:
"Pursuant to Decree No. 215/2013/ND-CP dated December 23, 2013 of the Government on functions, tasks, powers and organizational structures of Ministry of Finance;
Pursuant to Decree No. 86/2013/ND-CP dated July 29, 2013 of the Government on the business of prize-winning electronic games for foreigners;
Pursuant to Decree No. 175/2016/ND-CP dated December 30, 2016 of the Government on amendments to Decree No. 86/2013/ND-CP dated July 29, 2013 of the Government on the business of prize-winning electronic games for foreigners;
At request of Director General of Department of Banking and Financial Institutions;
Minister of Finance promulgates Circular on amendments to Circular No. 11/2014/TT-BTC dated January 17, 2014 guiding implementation of Decree No. 86/2013/ND-CP dated July 29, 2013 of the Government on the business of prize-winning electronic games for foreigners.”
- Basis for issuance of Circular No. 84/2020/TT-BTC:
“Pursuant to Decree No. 87/2017/ND-CP dated July 26, 2017 of the Government on functions, tasks, powers and organizational structures of Ministry of Finance;
Pursuant to Decree No. 09/2019/ND-CP dated January 24, 2019 of the Government on reporting regimes of regulatory agencies;
At request of Director General of Department of Banking and Financial Institutions;
Minister of Finance promulgates Circular on amendments to periodic reporting regimes within competence of Minister of Finance in banking financial sector.”
[3] This Article is amended under Clause 1 Article 1 Circular No. 57/2017/TT-BTC, coming into effect from July 17, 2017.
[4] This Article is amended under Clause 2 Article 1 of Circular No. 57/2017/TT-BTC, coming into effect from July 17, 2017.
[5] This Article is amended under Clause 3 Article 1 of Circular No. 57/2017/TT-BTC, coming into effect from July 17, 2017.
[6] This Article is amended under Clause 4 Article 1 of Circular No. 57/2017/TT-BTC, coming into effect from July 17, 2017.
[7] This Article is amended under Clause 5 Article 1 of Circular No. 57/2017/TT-BTC, coming into effect from July 17, 2017.
[8] This Article is annulled under Article 2 of Circular No. 57/2017/TT-BTC, coming into effect from July 17, 2017.
[9] This Article is annulled under Article 2 of Circular No. 57/2017/TT-BTC, coming into effect from July 17, 2017.
[10] This Article is amended under Clause 6 Article 1 of Circular No. 57/2017/TT-BTC, coming into effect from July 17, 2017.
[11] This Article is amended under Clause 7 Article 1 of Circular No. 57/2017/TT-BTC, coming into effect from July 17, 2017.
[12] This Article is amended under Clause 8 Article 1 of Circular No. 57/2017/TT-BTC, coming into effect from July 17, 2017.
[13] This Article is amended under Clause 9 Article 1 of Circular No. 57/2017/TT-BTC, coming into effect from July 17, 2017.
[14] This Article is amended under Clause 10 Article 1 of Circular No. 57/2017/TT-BTC, coming into effect from July 17, 2017.
[15] This Article is amended under Article 8 of Circular No. 84/2020/TT-BTC, coming into effect from November 15, 2020.
[16] This Article is amended under Clause 11 Article 1 of Circular No. 57/2017/TT-BTC, coming into effect from July 17, 2017.
[17] - Article 3 of Circular No. 57/2017/TT-BTC:
“Article 3. Implementation
1. This Circular comes into effect from July 17, 2017.
2. Difficulties that arise during the implementation should be reported to the Ministry of Finance for consideration and consideration./.”
- Article 18 Circular No. 84/2020/TT-BTC:
“Article 18. Implementation
1. This Circular comes into effect from November 15, 2020.
2. Difficulties that arise during the implementation should be reported to the Ministry of Finance for consideration and consideration./.”
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