Circular No. 15/2014/TT-NHNN dated July 24, 2014 of the State Bank of Vietnam guiding the exchange management of the business of prize-winning electronic games for foreigners

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Circular No. 15/2014/TT-NHNN dated July 24, 2014 of the State Bank of Vietnam guiding the exchange management of the business of prize-winning electronic games for foreigners
Issuing body: State Bank of VietnamEffective date:
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Official number:15/2014/TT-NHNNSigner:Le Minh Hung
Type:CircularExpiry date:
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Issuing date:24/07/2014Effect status:
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Fields:Finance - Banking

SUMMARY

CASINO BUSINESS MUST HAVE LICENSES FOR COLLECTION AND PAYMENT OF FOREIGN CURRENCY

 

On July 24, 2014, the State Bank of Vietnam (SBV) issued the Circular No. 15/2014/TT-NHNN guiding the exchange management of the business of prize-winning electronic games for foreigners.

Accordingly, from September 06, the business of prize-winning electronic games for foreigners  such as collecting foreign-currency cash from the sale of tokens; collecting foreign-currency cash from prize-winning electronic gaming machines with the function of collecting foreign-currency cash directly from players; collecting foreign-currency transfers from overseas accounts of players; paying out in foreign-currency cash or via bank transfer prize money to prize-winning players; returning foreign-currency amounts in cash or via bank transfer to players’ foreign-currency payment accounts opened at a licensed bank in Vietnam or to their overseas accounts in case players do not use up their tokens; returning foreign-currency amounts transferred via bank to overseas accounts of players in case players do not use up all foreign-currency amounts transferred from abroad to special-use foreign-currency accounts of enterprises…must be issued the licenses for collection and payment of foreign currency by the  SBV. The validity duration of a license corresponds to that of the certificate of eligibility for doing the business of prize-winning electronic games of the enterprise and does not exceed 10 years counting from the effective date of this certificate.

Also in accordance with this Circular, enterprises licensed by the State Bank shall open 1 (one) special-use account for each type of foreign currency at 1 (one) licensed bank. Especially, at latest September 06, 2015, enterprises which have obtained the State Bank’s approval to collect and pay foreign-currency cash for the business of prize-winning electronic games for foreigners shall carry out the procedure for converting the previous approval documents into licenses. Past the above time limit, enterprises that fail to carry out the procedure for conversion shall terminate the collection and payment of foreign currencies and other foreign exchange activities related to the business of prize-winning electronic games for foreigners.

The enterprise fails to deploy foreign-currency collection and payment and other foreign exchange activities after 12 (twelve) months from the date of receiving the license; the enterprise is divided, merged, consolidated or dissolved or goes bankrupt in accordance with law; the enterprise has its investment certificate, enterprise registration certificate or certificate of eligibility for doing the business of prize-winning electronic games revoked by a competent state agency or the enterprise has been sanctioned 3 or more times for administrative violations related to foreign exchange management shall be revoked the license of an enterprise  by the State Bank of Vietnam.

This Circular takes effect on September 6, 2014.
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THE STATE BANK OF VIETNAM
THE SOCIALIST REPUBLIC OF VIETNAM
Independence - Freedom - Happiness
No. 15/2014/TT-NHNN
Hanoi, July 24, 2014
Circular
Guiding the exchange management of the business of prize-winning electronic games for foreigners
Pursuant to June 16, 2010 Law No. 46/2010/QH12 on the State Bank of Vietnam;
Pursuant to June 16, 2010 Law No. 47/2010/QH12 on Credit Institutions;
Pursuant to December 13, 2005 Ordinance No. 28/2005/PL-UBTVQH11 on Foreign Exchange and March 18, 2013 Ordinance No. 06/2013/UBTVQH Amending and Supplementing a Number of Articles of the Ordinance on Foreign Exchange;
Pursuant to the Government’s Decree No. 86/2008/ND-CP of July 29, 2013, on the business of prize-winning electronic games for foreigners;
Pursuant to the Government’s Decree No. 156/2013/ND-CP of November 11, 2013, defining the functions, tasks, powers and organizational structure of the State Bank of Vietnam;
At the proposal of the Director of the Foreign Exchange Management Department;
The Governor of the State Bank of Vietnam promulgates the Circular guiding the exchange management of the business of prize-winning electronic games for foreigners.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation
This Circular guides the exchange management of the business of prize-winning electronic games for foreigners.
Article 2. Subjects of application
1. Enterprises engaged in the business of prize-winning electronic games for foreigners (below referred to as enterprises).
2. Persons eligible to play at facilities for doing the business of prize-winning electronic games for foreigners (below referred to as players).
3. Commercial banks and foreign bank branches licensed to deal in foreign exchange and provide foreign exchange services in Vietnam (below referred to as licensed banks).
4. Other organizations and individuals related to the business of prize-winning electronic games for foreigners.
Article 3. Receipt and use of prize money in foreign currency
Players may receive prize money in foreign currency and use foreign-currency prize money as follows: 
1. In case of receiving foreign-currency prize money in cash:
a/ To sell foreign currencies to a licensed bank for Vietnam dong;
b/ To remit foreign-currency prize money in cash abroad via a licensed bank;
c/ To be certified by a licensed bank to bring abroad foreign-currency prize money in cash under Clause 1, Article 14 of this Circular;
d/ To deposit foreign-currency prize money in cash in the player’s foreign-currency payment account opened at a licensed bank.
2. In case of receiving foreign-currency prize money by bank transfer:
a/ The foreign-currency prize money may be transferred from a special-use foreign currency account of the enterprise to the player’s foreign-currency payment account opened at a licensed bank;
b/ The foreign-currency prize money may be transferred from a special-use foreign currency account of the enterprise to the player’s overseas payment account.
3. Players may authorize enterprises to contact licensed banks for conducting transactions of foreign currency payment and transfer and application for certificates for bringing abroad foreign-currency amounts in cash as prescribed in this Circular.
Article 4. Tokens
1.The par value of tokens may be nominated in Vietnam dong or a freely convertible foreign currency. Enterprises shall convert the foreign-currency par value of tokens into Vietnam dong or another foreign currency. The exchange rate used for the conversion is that announced by the licensed bank at which the enterprise opens its special-use foreign-currency account.
2.Players may exchange tokens for a foreign currency or Vietnam dong if they do not use them up or if they win prizes in tokens at enterprises and may use foreign currencies exchanged from tokens for transactions prescribed in Article 3 of this Circular.  
Article 5. Scope of collection and payment of foreign currency and other foreign exchange activities of enterprises
1. Except the case specified in Clause 2 of this Article, the State Bank of Vietnam (below referred to as the State Bank) shall grant licenses for collection and payment of foreign currency and other foreign exchange activities (below referred to as licenses) to enterprises within the following scope:
a/ Collecting foreign-currency cash from the sale of tokens;
b/ Collecting foreign-currency cash from prize-winning electronic gaming machines with the function of collecting foreign-currency cash directly from players;

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