THE GOVERNMENT
Decision No. 03/2017/ND-CP dated January 16, 2017 of the Government on casino business
Pursuant to the Law of Government organization dated June 19, 2015;
Pursuant to the Law on Enterprise dated November 26, 2014;
Pursuant to the Law on investment dated November 26, 2014;
Pursuant to the Law on Actions against administrative violationsdated June 20, 2012;
Pursuant tothe Law on Advertisingdated June 21, 2012;
Pursuant tothe Law on Commercedated June 14, 2005;
At the request of the Minister of Finance;
The Government hereby promulgates the Decree on casino business.
Chapter I
GENERAL PROVISIONS
Article 1.Scope of adjustment and subject of application
1. Scope ofadjustment:
This Decree provides for casino business and the management thereof andpenalties for administrative violationsagainst regulations on casino business in Vietnam.
2.Subject of application
a) Casino-operating enterprises;
b) Persons allowed to play in casinos and persons allowed to enter casinos as prescribed in this Decree;
c) Authorities relevant to the licensing, management, supervision and inspection of the casino business and imposition ofpenalties for administrative violationstherein;
d)Other persons and organizations relevant tothe casino business.
Article 2. Interpretation of terms
In this Decree, these terms can be construed as follows:
1.The “casino business” is a conditional business which must be licensed by a competent authority to provide prize-winninggameson gaming machines and/or gaming tables to serve the entertaining of the entities specified in Article 11 of this Decree.
2.A “prize-winning game” means a game of chance or game of combination of chance and skills which is played on a prize-winning electronic game machine or prize-winning game table by gamblers who pay money and may win prizes in cash or in kind.
3.A “gaming machine” means specialized electronicequipmentwhich is allowed as prescribed in this Decree where gamblers can play the programmed prize-winning games. The playing process between the gamblers and the machine is entirely automatic.
4.A “prize-winning game table” (hereinafter referred to as “gaming table”) means a specialized gaming equipment for the playing of prize-winning games between the dealer and the gambler.
5.“Gaming equipment” means parts of gaming machines or tables and other equipment used for operating casino business according to regulations in this Decree.
6.A “slot machine” means a prize-winning game machine containing at least 03 reels on a screen for determining a prize win on a random combination of symbols which stop after each time of spinning and with a fixed payout percentage programmed in the machine.
7.A “dealer” means a person employed by a casino-operating enterprise to assist in the conduct of a prize-winning game on a gaming table.
8.A “gambler” is a person allowed to play prize-winning games in casinos as specified in Articles 11 and 12 of this Decree.
9.“Payout” means an average percentage at which winnings are paid out to slot machine gamblers during a certain period of time or on a certain number of spins at designed and set by the manufacture in a slot machine or the return-on-bet ratio for other prize-winning electronic games stated in the game rules.
10.A “token” means a chip, check, cheque or score used instead of currency in casinos which is registered by the casino-operating enterprise with a competent authority to run the casino business and valid only within a casino.
11. A “casino” means a facility with one or multiple rooms to provide casino games at a place licensed by a competent authority according to laws.
12.A “casino-included entertainment complex” means a combination of constructions serving the tourism, entertaining, resting and commercial activities, etc., including casino business which are licensed by a competent authority according to laws.
13.A “casino manager” means a person that the casino-operating enterprise assigns to manage, direct and supervise partially or wholly the casino business.
14. A “casino-operating enterprise” means an enterprise licensed by a competent authority to run a casino business according to law.
15.A "large-scale casino-operating enterprise” mean an enterprise running a casino business with a total investment in the project on a casino-included entertainment complex at least USD 02 billion.
16. A ”small-scale casino-operatingenterprise” mean an enterpriserunning a casino businesswith a total investment in the project ona casino-included entertainment complex underUSD 02 billion.
17.The “Certificate of investment registration” means a paper or electronic document recording theinformationabout theinvestment projectthat the investor registered according to laws on investment.
Article 3. Principles of casino business
1.Casino business is a conditional business subject to the strict control by competent authorities to assure that such business is compliant with this Decree andrelevant law provisions.Only enterprises having theCertificate of eligibility for casino business issued according to this Decree and enterprises specified in clause 1 Article 62 of this Decree shall be allowed to run a casino business.
2.Casino business shall be combined with the main business of the enterprise to enhance the development in tourism and commerce, vary the forms of entertaining, improve the spiritual life and attract tourists; ensure the security, national defense, social order and safety, social ethics and community health.
3.The organization of and participation in prize-winning games must ensure thetransparency, objectiveness and honesty, ensuring thelawful rights and interestsof relevant parties.
4.Organizations and individuals related to the organization of and participation in prize-winning games must comply with this Decree and relevant law provisions.
Article 4. Prohibited acts
1.Running a casino business without a Certificate of eligibility for casino business, excluding those specified in clause 1 Article 62 of this Decree.
2.Running a casino business against the Certificate of eligibility for casino business or the Certificate of investment registration, applicable to enterprises specified in clause 1 Article 62 of this Decree.
3.Illegally transferring, leasing out or lending out casinos to run casino business.
4.Falsifying, leasing out, lending out or transferring the Certificate of eligibility for casino business.
5.Running a casino business while the Certificate of eligibility for casino business or the casino business is suspended according to the decision of a competent authority.
6.Permitting persons other than those specified in Article 11, Article 12 and Article 14 of this Decree to enter a casino under any circumstance.
7.Allowing and/or organize direct betting between gamblers depending on the results of prize-winning games at casinos.
8.Committing a fraud in the organization of and/or participation in a prize-winning game at a casino.
9.Performing acts that affect the security and social order and safety at casinos according to laws.
10.Using gaming machines, gaming tables, token and/or gaming equipment with contents and images which are not permitted by competent inspection authorities.
11. Mis-using the casino business to organize and provide prize-winning games illegally via a computer network,telecommunications networkor Internet.
12.Misusing the casino business tosmuggleor transportforeign currency,gold, silver, gemstonesand/orprecious metals and launder money, finance theterrorismor trade inprostitution.
13.Certifying thefictitiousprize, certify the prize untruly orultra viresor prevent a gambler from certifying the prize without plausible reasons.
14.Failure to facilitate or obstruct the inspection and violation handling by security officers or competent authorities.
15.Failure to provide information or fail to make reports at the request of competent authorities.
16. Other prohibited acts prescribed in relevant laws.
Chapter II
ORGANIZATION OF CASINO BUSINESS
Article 5. Casinos
1.A casino operating enterprise may only run a casino business at a sole facility licensed by a competent authority according to laws.
2.The casino shall be located separately from other business areas of the enterprise:
a) Have separate entrance and exit doors;
b) Have electronic equipment and cameras for constant surveillance and control of all the activities in the casino (24/7), where the following essential positions shall be under surveillance: entrance and exit doors, locations of gaming machines, gaming tables, cashier area, areas for counting and storing cashes and tokens. Records from electronic equipment and camera system at essential positions shall be retained for at least 06 months from the time of recording.In case of necessity, the retention duration may be extended at the request of the competent authority;
c) Havesecurity staff, sufficiently equipment and routes for security and fire safety according torelevant law provisions. Requirements for and tasks of security officers shall be conformant with Decree No.06/2013/ND-CPdated January 09, 2013 by the Government and amending and replacing documents (if any); and
d) Post the rules for entering or leaving the casino in Vietnamese, English and other languages (if any) at a noticeable place at the entryway of the casino.
Article 6. Operation time
1.The permitted operation time of an enterprise is all days in a year, excluding days on which the business operation is suspended under decisions of competent authorities. The enterprise shall post publicly at the casino its operation time.
2. The enterprise may suspend its business whenever necessary. At least 15 days before the suspension date, the enterprise shall post a notification publicly at the casino and send it tothe Ministry of Finance,People’s Committees of provinces,Servicesof Finance, investmentregistryoffice and the supervisory tax authority for surveillance and management. The notification must specify the time of suspension of operation, causes of the suspension and the planned time of operation resumption. In cases there is change in the time of resumption of operation, the enterprises shall post a notification publicly at the casino and send it to the abovementioned authorities.
3.If the suspension is requested by a regulatory authority, the enterprise shall notify the gamblers of the time of suspension immediately after the request for the suspension is received.
Article 7. Number of gaming machines and/or gaming tables
1.Number of gaming machines and/or gaming tables stated in the Certificate of investment registration or the decision on investment policy
a) Regarding projects issued with the Certificate of investment registration or the decision on investment policy since the effective date of this Decree, the number of gaming machines and/or gaming tables shall be approved by the Prime Minister and stated in the Certificated of investment registration or decision on investment policy. The basis for determining the number of gaming machines and/or gaming tables of a project shall be the total committed investment in the project where not exceeding 01 gaming table and 10 gaming machines shall be allowed to be used for each USD 10 million of investment;
b) Regarding projects licensed before the effective date of this Decree, the number of gaming machines and/or gaming tables shall be in accordance with the Certificate of investment registration.
2.Number of gaming machines and/or gaming tables stated in the Certificate of eligibility for casino business
a) Regarding projects issued with the Certificate of investment registration or the decision on investment policywhich covers casino businesssince the effective date of this Decree, the number of gaming machines and/or gaming tablesshall be conformable to that specified in the Certificate of eligibility for casino business which must not exceed the number of gaming machines and/or gaming tables stated in the Certificate of investment registration or the decision on investment policy.The basis for determining the number of gaming machines and/or gaming tablesallowed to be used by an enterprise stated in the Certificate of eligibility for casino businessshall be the totalamount of disbursed capital where up to 01 gaming table and 10 gaming machines shall be allowed for each USD 10 million of investment;
b) Regarding projects licensed before the effective date of this Decree, the number of gaming machines and/or gaming tables shall be in accordance withArticle 62 of this Decree.
3.On the basis of the number of gaming machines and/or gaming tables stated in the Certificate of eligibility for casino business, the enterprise shall decide the number of gaming machines and/or gaming tables according to the area of the casino and the need in specific period, provided that such number does not exceed that stated in the Certificate of eligibility for casino business. Within 05 working days from the day on which the casino is operated, the enterprise shall report in writing the actual number of gaming machines and/or gaming tables tothe Ministry of Finance, the People s Committee of provinces, theService of Finance, the investment registry office and the supervisory tax authority for surveillance and management.
Article 8.Increase in number ofgaming machines and/orgaming tables
1.Only enterprises operating large-scale casinos may increase the number of gaming machines and/or gaming tables. Any enterprise wishing to make an increase in the number of gaming machines and/or gaming tables of a small-scale casino shall expand the project to satisfy the requirements for a casino-included entertainment complex with large scale according to this Decree.
2.Increase in the number of gaming machines and/or gaming tables stated in the Certificate of investment registration or the decision on investment policy
During the operation, any enterprise wishing to make an expansion in the project and make an increase in the number of gaming machines and/or gaming tables stated in the Certificate of investment registration or the decision on investment policy shall apply for modification of the Certificate of investment registration or the decision on investment policy according to laws on investment.Thenumber of gaming machines and/or gaming tables shall increase by a number approved by the Prime Minister and stated in the Certificated of investment registration or the decision on investment policy. Bases for considering the increase of the number of gaming machines and/or gaming tables of a project:
a) The increase in the investment in the project where the addition of up to 01 gaming table and 10 gaming machines is permitted for each increase by USD 10 million in investment;
b) The performance of the project and its effect on the economy, society, security, national defense and social order and safety of the area where the casino business is run;
c) Thebusiness plan.
3. Increase in the number of gaming machines and/or gaming tables stated in the Certificate ofeligibility for casino business
a) During the casino business, any enterprise wishing to make an increase in the number of gaming machines and/or gaming tables stated in the Certificate of eligibility for casino business shall apply for modification of such Certificate. The increase in the number of gaming machines and/or gaming tables must not exceed the number of gaming machines and/or gaming tables specified in the Certificate of investment registration or the decision on investment policy.The basis forconsidering the increase inthe number of gaming machines and/or gaming tablesshall be the increase in the total amount of disbursed capital in comparison with the disbursed capital by the issuance date of the Certificate of eligibility for casino businesswherethe addition up to01 gaming table and 10 gaming machines shall beallowedfor eachincrease byUSD 10millionininvestment;
b) The increase in the number of gaming machines and/or gaming tables of an enterprise shall be allowed only when the total increase in disbursed capital in comparison with the disbursed capital by the issuance date of Certificate of eligibility for casino business is not less than USD 100 million.
Article 9. Types and categories of prize-winning games
1.A casino-operating enterprise shall provide only 02 types of prize-winning games through a gaming machine or a gaming table.
2.The enterprise may decide the types and/or categories of the prize-winning game that it actual provides which must not exceed the number of gaming machines and/or gaming tables stated in the Certificate of eligibility for casino business or the Certificate of investment registration, applicable to enterprises specified in clause 1 Article 62 of this Decree.
Article 10. Game rules
1.Any prize-winning game provided shall have game rules in accordance with the playing method, payout and the designs of the gaming machines and/or gaming tables. A set of gaming rules must be conformant with laws and include the following contents:
a) Name of the game;
b) Description and interpretation of terms of the game;
c) Images and instructions for use of the gaming machines and/or gaming tables;
d) Playing method;
dd) Payout;
e) Way of determining a win and principle and method of payment of prizes to the winners;
g) Handling of unexpected problems arising during the playing of games;
h) Handling of disputes between the casino-operating enterprise and gamblers;
i) Other contents according to the enterprise’s management requirement.
2.At least 15 days before providing a game, the game rules shall be posted publicly at the casino and retained to be presented to regulatory bodies in charge of inspection according to this Decree.
Article 11. Persons allowed to play in casinos
1.Any foreigner or Vietnamese overseas citizen who has a foreign passport issued by a foreign authority and a validlaissez-passerand lawfully enters Vietnam.
2.Persons defined in clause 1 of this Article who have full legal capacity according to Vietnam s laws and willingly comply with the game rules, the casino’s rules and provisions of this Decree.
Article 12.Pilot permission for Vietnamese citizens to play in casinos
1.Place of pilot permission
The pilot permission for Vietnamese citizens to play in casinos shall be conducted at casino-included entertainment complexes at places satisfying the requirements in this Decree and approved by the competent authorities.
2.Durationof pilotpermission
The duration of pilot permission shall be 03 years from the day on which the pilot permission for Vietnamese citizens to play in a casino is first conducted. After 03 years of pilot permission, the Government shall consolidate reports, assess the data and decide on whether or not to terminate the permission for Vietnamese citizens to play in casinos in Vietnam.
3.A Vietnamese citizen shall be allowed to play in a casino specified in clause 1 of this Article if he/she:
a) Is at least 21 year olds and fully capable of civil acts according to Vietnam’s laws;
b) Is financially capable of playing in the casino. The gambler must have proofs of having current income of at least VND 10 million per month or being subject to at least grade-3 income tax as prescribed in the Law on personal income tax.The Ministry of Financeshall provide guidance on the documents proving the financial capacity of the gamblers;
c) Has bought a casino entrance ticket. The price of such ticket shall be VND 01 million/24 continuous hours/person or VND 25 million/month/person; and
d) Is not a person whose parent, adoptive parent, spouse, natural child who has fully legal capacity or who himself/herself requests the casino-operating enterprise to prevent him/her from playing games at the casino;
dd) A Vietnamese citizen allowed to play in a casino shall use only Vietnam dong for exchange for tokens; remaining or winning tokens may be re-exchanged for Vietnam dong.
4.A Vietnamese citizen shall be banned from playing games at a casino if he/she:
a) Wascharged witha criminal offence and the case is being under investigation or adjudication by a Vietnamese or foreign proceeding agency;
b) Has aprevious convictionfor the infringementupon national securityor otherknowinglyoffences and was given an imprisonment sentence of 03 years or more and thecriminal recordhas not been expunged;
c) Is serving a suspended imprisonment sentence;
d) Is serving anon-custodial community sentence,mandatory supervision, prohibition from residence,prohibition from holding certain positions or prohibition from conducting business sectors subject to security and order conditions according to decisions of the Court;
dd) Is incurring the measure of education at communes; incurring the decision on application of administrativehandling measuresduring the time of waiting for implementation of the decision; having drug addiction; being suspended from implementing the decision on forcible sending to areform schoolor a rehabilitation center;
e) Has incurred administrative penalties which have not been expunged.
5.The revenue from the casino entrance ticket prescribed in point c clause 3 of this Article shall be fully retained by the local government of the place where the casino is located to serve thesocial welfare, the community and social security and orderin accordance with instructions of the Ministry of Finance.
6.Responsibilities of casino-operating enterprises eligible for admitting Vietnamese citizens during the pilot period
a) Establish and promulgate regulations to ensure the tight control of Vietnamese citizens playing in casinos;
b) Issue e-card to Vietnamese citizens playing in casinos which must contain:
- Code of the card;
- Full name of the gambler;
-IDnumber or passport number;
- Identification picture;
- Time of entering/leaving the casino;
- The wagered amount and payout for each time of playing at the casino;
- Other information relevant to the control of gamblers according to the enterprise’s management requirement.
c) Provide regulations, documents and images for competent authorities to facilitate the management, surveillance and inspection.
d) Cooperate with competent authorities in consolidating and assessing the pilot permission for Vietnamese citizens to play in casinos.
Article 13. Rights and obligations ofgamblers
1. Gamblers shall have the following rights:
a) Get their wins certified and fully paid out by casino-operating enterprises;
b) Receive and transfer or bring prize money in foreign currencies abroad under Vietnam s law on exchange management and the guidance of the State Bank of Vietnam, applicable to foreigners or Vietnamese overseas citizens who have foreign passports issued by competent foreign authorities or validlaissez-passersand lawfully enter Vietnam;
c) Request casino-operating enterprises to keep secret of the information about prize winning and receipt unless being at the request of competent authorities as prescribed in point i clause 2 Article 21 of this Decree;
d) File complaints or lawsuits against casino-operating enterprises about prize payout results, denounce cheatings and violations against this Decree and relevant laws;
dd) Enjoy other lawful benefits prescribed in game rules announced by casino-operating enterprises.
2.Gamblers shall have the followingobligations:
a) Carry necessary papers to prove their eligibility to play games under Articles 11 and 12 of this Decree;
b) Observe the game rules and relevant internal rules and regulations issued by casino-operating enterprises and fulfill tax liabilities towards the State according to law;
c) Not use results of prize-winning games provided by casinos for betting directly with other gamblers;
d) Not cause disturbance and disorder at casinos;
dd) Strictly comply with this Decree and relevant law provisions.
Article 14. Persons allowed toenter and/or leave casinos
1. Persons eligible to play games as specified in Articles 11 and 12 of this Decree.
2. Employees and staff members of enterprises who are permitted to enter and/or leave casino facilities to work as assigned by casino-operating enterprises. The enterprises shall formulate and announce the updated lists of their employees and staff members permitted to enter and/or leave their casinos for work.
3. Cadres and public employees of competent authorities who are assigned to conduct inspections of the enterprises according to law or in urgent cases to serve the assurance of the security and social order and safety.
4. The persons specified in clauses 2 and 3 of this Article may enter casinos to perform their relevant tasks as assigned and are strictly prohibited from entering casinos to play prize-winning games.
5. Casino-operating enterprises shall keep a log or issue electronic cards for controlling all persons entering and/or leaving casinos. The log books andelectronic informationshall be retained according to law and satisfy the requirements for inspection by regulatory bodies.
Article 15. Management of tokens
1. Tokens of each enterprise must bear separate marks and/or signs for identification and be in conformity with Article 17 of this Decree. Theface valueof tokens may be nominated in Vietnam dong or a freely convertible foreign currency. The conversion of foreign-currencyface valueof tokens shall comply with the guidance ofthe State bank of Vietnam. Enterprises must not use tokens of other enterprises for business.
2. Enterprises shall strictly manage their tokens according to the guidelines ofthe Ministry of Finance, thereby determining their turnover, and register token models, quantity and types withServicesof Financeand supervisory tax authorities for surveillance and management.
3. In case there is a change in the model, quantity and/or type of the token, within 05 working days from the day on which such change is made, the enterprise shall re-register withthe Service of Financeand thesupervisory tax authority.
4.Any foreigner or Vietnamese overseascitizenwho has foreign passports issued by a foreign authority and/ora valid laissez-passer and lawfully enters Vietnammay exchange tokens for foreign currencies or Vietnam dong if tokens are not fully used.
Article 16. Management of gaming machines, tables and equipment
1. Gaming machines and tables used in casinos must conform with the number, types and categories of prize-winning games that enterprises are licensed to provide and fully satisfy thetechnicalconditions andstandardsspecified in this Decree.
2. Gaming machines and tables which are purchased to beused atcasinosmust be brand new and have specifications announced by the manufactures and certified by an independent inspection organization of a G7 country.
3. Gaming table simulators:
a) An enterprise may use equipment simulating a game on the gaming table for training their employees or testing the conduct of the game. The number of the simulated gaming table for each category of prize-winning game must not exceed 01;
b) The simulating equipment must be designed with a particular model and shall be marked as the simulating equipment for training and placed in a separate room from the locations of the gaming machines and/or tables at the casino.
c) The gaming table simulator must not be used for casino businessin any shape or form.
4.Minimum payout applicable to slot machines shall be 90% (including the accumulated prizes) and programmed in the machine. If the payout is adjusted by the enterprise, it must not be lower than the prescribed minimum payout. The enterprise shall apply for the re-inspection of the machines before using them and specify the payout in the game rules.
5. Any enterprise purchasing gaming machines and/or gaming tables or applying for the inspection of their gaming machines and/or tables shall request the manufacturers or the providers of the gaming machines/tables or the independent inspection organizations to provide sufficiently documents to prove the satisfaction of requirements specified in this Article. Such documents must be notarized,authenticated or consularly legalized by competent authorities. Enterprises shall retain such documents to serve the inspection by regulatory bodies.
Article 17. Purchase, re-export and destruction of gaming machines and/or tables, tokens and gaming equipment
1. Any enterprise having the Certificate of eligibility for casino business or enterprise specified clause 1 Article 62 of this Decree is allowed to purchase gaming machines and tables, tokens and gaming equipment.The purchase and/or import ofgaming machines/tables, tokens and gaming equipmentshall comply with laws on export and import and relevant law provisions, this Decree and guidance of the Ministry of Culture, Sports and Tourism.
2. The number of gaming machines/tables must not exceed the permitted one and must fully satisfy the technical conditions specified in this Decree and the contents and images which are permitted to be published under the guidance ofthe Ministry of Culture, Sports and Tourism.
3.Any enterprise having the Certificate of eligibility for casino businessorenterprise specified clause 1 Article 62 of this Decree is allowed to purchasebackup equipment forgaming machines and tables, tokens and gaming equipmentfor case of necessity.The purchase, management and use of backup equipment must ensure the following rules:
a) The number of backup equipment must not exceed 10% of the total permissible amount of equipment for gaming machines/tables, tokens and gaming equipment;
b) The backup equipment must be brand new;
c) The use of backup equipment for replacement for equipment which is old or damaged must ensure the non-increase in the quantity, types and categories of the prize-winning game.
4. Within 30 days, the enterprise shall conduct the re-export or destruction of gaming machines/tables, tokens and gaming equipment in the following cases:
a) The enterprise willingly shuts down its business or has its Certificate of eligibility for casino business revoked;
b) The lifetime of gaming machines/tables, tokens and gaming equipment set by the manufacturers expires or these machines/tables, tokens and equipment are damaged and can no longer be used for normal operation;
c) The gaming machines/tables, tokens and gaming equipment are no longer used for the business because they no longer meet the enterprise’s needs or when the enterprise needs to renew or replace these machines/tables, tokens and equipment to suit its practical business operation.
5. The destruction of gaming machines/tables, tokens and gaming equipment must be witnessed and certified in writing by representatives ofthe Service of Finance,the Services of Culture, Sports and Tourismand the supervisory tax authority. The re-export of gaming machines/tables, tokens and gaming equipment shall comply with relevant applicable law.
6. In the course of use, if gaming machines are broken or need regular maintenance, the enterprise may conduct maintenance or repair but must not alter the payout. If the maintenance or repair of the gaming machines involves parts which change the payout, the enterprise may hire an independent inspection organization specified in clause 2 Article 16 of this Decree to inspect such machines before putting them into use.
Article 18. Internal rules and regulations
1. Any casino-operating enterprise shall establish and issue internal rules and regulations applicable to its casinos. Regulations on internal management shall contain the following provisions:
a) Provisions on management of the casino, including: opening and closing time, control of persons entering and leaving the casino, measures to maintain security and social order and safety;
b) Provisions on management of employees working in the casino, including persons working in and/or managing the casino, responsibilities, obligations and powers of each division or working position;
c) Provisions on financial mechanism and token management process;
d) Provisions on the process of managing, maintaining and repairing gaming machines/tables and equipment;
dd) Provisions on methods of settling the relationship between gamblers and gamblers, between gamblers and the enterprise and between gamblers and employees of the enterprise which clearly state the methods of settling the disputes arising on the basis of relevant laws;
e) Other provisions in accordance with Vietnam’s law to serve the management of the enterprise.
2. The casino-operating enterprise shall establish an internal control division, specify in writing its functions, tasks and powers and may run a casino business only after completing the abovementioned contents in order to control the compliance with internal management regulations, this Decree and relevant law provisions applicable to enterprises.
3. At least 15 days before the day on which the casino is inaugurated, the enterprise shall send the internal management regulations to the investment registry office andthe Ministry of Finance. The enterprise shall retain the internal management regulations to present them to competent authorities during the inspection prescribed in this Decree.
Article 19. Internal regulations on anti-money laundering
1. Casino-operating enterprises shall establish and issue internal regulations on anti-money laundering in accordance with the Law on Anti-money laundering and itsguiding documents.
2. Enterprises shall promptly make amendments to internal regulations on anti-money laundering in accordance with the development of laws, the change in theorganizational structure, the scope andlevel ofmoney laundering risks. Enterprises shall spread the internal regulations on anti-money laundering to divisions, officials and employees responsible for implementing regulations on anti-money laundering.
Article 20. Management of payment and foreign exchange
1. Enterprises may accept the use of Vietnam dong,cash in foreign currenciesand/or bank cards of gamblers for exchange for tokens for playing prize-winning games at casinos. The foreign-currency receipt and spending by enterprises are permitted when they have been licensed bythe State bank of Vietnamaccording to regulations in Chapter IV of this Decree.
2. Enterprises may collectcash in foreign currenciesfrom their casino business and use suchcash in foreign currenciesto pay out prizes to gamblers being foreigners and Vietnamese overseas citizens who have foreign passports issued by competent foreign authorities or validlaissez-passersand lawfully enter Vietnam who win the games and for otherforeign exchange transactionsafter being licensed bythe State bank of Vietnamaccording to regulations in Chapter IV of this Decree.
Article 21. Rights and obligations ofcasino-operating enterprises
1. Acasino-operatingenterprise shall have the following rights:
a) Operate casinos with the number of gaming machines and tables and types and categories of prize-winning games conformable to the Certificate of eligibility for casino business or the Certificate of investment registration applicable to enterprises as specified in clause 1 Article 62 of this Decree and provisions of this Decree;
b) Refuse any persons who are not permitted to enter, leave or play at the casino;
c) Request any person who violates the game rules, internal rules and internal management regulations of the enterprise to leave the casino;
d) Request any gambler to present his/her identity papers to prove that he/she is permitted to play games at the casino;
dd) Sign contracts to hire managers. The hiring of managers and payment of management expenses shall comply with applicable law and must not exceed the maximum amount prescribed bythe Ministry of Finance.
2.A casino-operating enterprise shall have the followingobligations:
a) Comply with law provisions on casino business;
b) Appoint persons on the registered list in the application for the Certificate of eligibility for casino business to manage and/or direct the casino business. In case of change in the manager and/or director of a casino, the enterprise shall ensure that the replacement for such manager/director fully satisfies the requirements for managers/directors of casinos specified in point d clause 1 Article 24 of this Decree and send written notification of such replacement tothe Ministry of Finance, the People s Committee of province,the Service of Financeand the investment registry office;
c) Provide prize-winning games with types conformant with the announced game rules;
d) Pay out fully and promptly prizes to winning gamblers. Certify winnings paid out according to the actual amount and at the request of the gamblers;
dd) Settle disputes and complaints of gamblers according to game rules and law;
e) Fulfill tax obligations and fully comply with relevant law provisions during the business operation;
g) Take anti-money laundering measures in accordance with law;
h) Take measures to assure the security and social order and safety during the casino business according to law;
i) Keep secret about winning information at the request of the gamblers except information provided for competent authorities on request to serve the surveillance, inspection and investigation according to law;
k) Establish divisions to assist the provision of advices,propagation and education of the awareness and control the behavior of gamblers at casinos;
l) Establish and apply regulations on responsible playing in casinos according to law;
m) Establish an information system and regime for reporting to regulatory bodies of the casino business according to law;
n) Take responsibility directly before Vietnam’s law for all the activities in the casino business,even whenmanagers are hired.
Article 22. Settlement of disputes at casinos
1. Any casino-operating enterprise shall establish the dispute settlement regulations according to law to settle disputes between gamblers and the enterprise which arise during the playing in a casino. Dispute settlement regulations must contain the following main contents:
a) Disputes subject to settlement according to the dispute settlement regulations;
b) Responsibilities of gamblers and the enterprise for reporting and/or reflecting cases in which the prize-winning game is considered not being carried out according to the game rules and requesting the enterprise to settle;
c) Requirements forcurrent conditionsin which the complaints will be checked and handled;
d) Procedures for settling disputes between gamblers and the enterprise include the provisions of the sample of the complaint, the complaint receiving division, the time limit for settling the dispute and competent in the decision on dispute settlement;
dd) Rights, obligations and responsibilities of gamblers and the enterprise.
2. The enterprise shall publish the dispute settlement rules by posting publicly at the casinos or on the enterprise s website (if any) or by giving leaflets to gamblers.
3. If the enterprise and the gamblers fail to participate in the mediation or do not accept the dispute settlement results, the gamblers or the enterprise may initiate lawsuits or apply for arbitral proceedings according to law.
Chapter III
REQUIREMENTS AND PROCEDURES FOR ISSUANCE OF CERTIFICATE OF INVESTMENT REGISTRATION AND CERTIFICATE OF ELIGIBILITY FOR CASINO BUSINESS
Article 23. Requirements for issuance of Certificates of registration of investment in projects on a casino-included entertainment complex
1. The Certificate of registration of investment in a project on a casino-included entertainment complex shall be issued only when the following requirements are satisfied:
a) The implementation of the project of casino has been approved by a competent authority;
b) The project contains at least hotels, service, tourism, commercial and entertaining areas and conference centers;
c) The investment in the project is at least USD 02 billion;
d) There are plans and measures which are feasible and suitable for Vietnam’s conditions for controlling and eliminating negative effects of the casino business.
2. The composition of applications and procedures for the Certificate of registration of investment in the project on a casino-included entertainment complex shall be conformable to laws on investment.
3. If the investor is not required to have a Certificate of investment registration as prescribed in the laws on investment, the investment project shall be considered by the competent authority as specified in clause 1 of this Article.
Article 24.Requirements for issuance of the Certificate ofeligibility for casino business
1.Requirements for issuance of the Certificate ofeligibility for casino business:
a) The enterprise has the Certificate of investment registration or decision on investment policy issued by a competent authority which covers casino business;
b) At least 50% of the total investment in the project which has been registered in the Certificate of investment registration or the decision on investment policy has been disbursed;
c) The location of the casino fully satisfies the requirements specified in clause 2 Article 5 of this Decree;
d) There are persons in charge of managing or controlling the casino who has at least a university degree and at least 01year experiencein the management of casino business and is not prohibited from establishment or management of an enterprise according to laws;
dd) There is a business plan as prescribed in clause 6 Article 25 of this Decree.
2.Each project on a on a casino-included entertainment complex may be granted only 01 Certificate of eligibility for casino business and such Certificate shall be issued to the enterprise registering for implementing the investment project specified in the Certificate of investment registration or the decision on investment policy.
3. Before inaugurating a casino business, the enterprise shall have fulfilled the security and order conditions applicable to casino business as prescribed by laws.
Article 25.Applicationfor issuance of the Certificate of eligibility for casino business
Anapplication for issuance of the Certificate of eligibility for casino businessshall contain:
1. An application form for the Certificate of eligibility for casino business.
2. Acertified true copyof theCertificate of investment registration orthedecision on investment policy which containsthe provisions regarding thecasino business and amending documents thereof (if any) which are issued by competent authorities according to laws on investment or a non-certified copy enclosed with the original for comparison.
3. Documents proving that the capital has been fully disbursed as prescribed in point b clause 1 Article 24 of this Decree.
4. A map of location of the casino.
5. A draft of the regulation on internal management, organization of the internal control division, internal regulations on prevention of and fighting against money laundering, regulation on dispute settlement and game rules.
6. A casino business project containing information of the enterprise, information of the implementation of the investment project, expected time limit for running casino business, expected number of gaming machines and/or gaming tables, categories of prize-winning games to be provided, assessment of business efficiency, expected needs for foreign currency receipt and spending, measures to assure social security, order and safety of the casino and plan for implementing the project.
7. A list of managers and executive officers of the casino with theircriminal records and authenticated copies or non-authenticated copies enclosed with the originals of their qualifications to prove their professional capacities.
Article 26.Proceduresfor issuance of the Certificate of eligibility for casino business
1.The enterprise shall submit 01 application for the Certificate of eligibilityfor casino businessto the Ministry of Finance. Within 15 days from the day on which the application is received,the Ministry of Financeshall notify the enterprise of the adequacy and validity of the application and request the supplementation (if necessary) and 06 copies of the application for inspection.
2.Within 60 working days from the day on which the satisfactory applicationisreceived, the Ministry of Finance shallconsider issuing the Certificate of eligibility for casino business. If the application is rejected,the Ministry of Financeshall send the enterprise a written notification containing the explanation.
3. Procedures for inspection of the application
a) Within 15 days from the day on which the satisfactory application is received,the Ministry of Financeshall request in writing the opinions of relevant authorities, includingthe Ministry of Planning and Investment, the Ministry of Public Security,the Ministry of Culture, Sports and Tourism,the State bank of Vietnamand People s Committees of the province where the enterprise’s casino is intended to be opened;
b) Within 15 days from the day on which the request for opinions is received, the receiving authority shall send writings containing opinions tothe Ministry of Financeand take responsibility for its opinions.
c) After receiving the opinions from the relevant Ministries specified in point a clause 3 of this Article,the Ministry of Financeshall collect opinions and consider whether or not to issue the Certificate of eligibility for casino business.
4. Inspection contents
Pursuant to provisions of this Decree andrelevant law provisions,the Ministry of Financeand relevant authorities shall conduct the inspection of the applications according to the requirements specified in clause 1 Article 24 of this Decree.
Article 27. Certificate of eligibility for casino business
1. ACertificate of eligibility for casino businessmust have the following contents:
a) Name and address of the enterprise applying for the Certificate of eligibility for casino business;
b) Number and date of issue of the Certificate of investment registration or the decision on investment policy;
c) Legal representative of the enterprise;
d) The maximum number of gaming machines and/or gaming tables that the enterprise may install;
dd) Location of the casino and the surrounding area in the casino-included entertainment complex;
e) Effective period;
g) Other contents according to the enterprise’s management requirement.
2. The Certificate of eligibility for casino business shall specify its effective period on the basis of the application of the enterprise which must not exceed the effective period of the Certificate of investment registration or the decision on investment policy and not exceed 20 years from the day on which the Certificate of investment registration or the decision on investment policy, excluding the cases specified in Article 62 of this Decree.
Article 28.Reissuance ofCertificate of eligibility for casino business
1. If the Certificate of eligibility for casino business of is lost or damaged by natural disaster or due to other objective reasons, the owner enterprise shall apply for reissuance of the Certificate of eligibility for casino business.
2.An application forreissuance ofaCertificate of eligibility for casino business shall contain:
a) An application form for reissuance of the Certificate of eligibility for casino business;
b) A certified true copy of the Certificate of investment registration or the decision on investment policy which contains the provisions regarding the casino business and amending documents thereof(if any) which are issued by competent authorities according to laws on investment or a non-certified copy enclosed with the original for comparison;
c) Acertified true copyof the Certificate of eligibility for casino business which is lost or damaged (if any).
3.Procedures forreissuance of the Certificate of eligibility for casino business
The enterprise shall submit 01 application forreissuance ofthe Certificate of eligibilityfor casino businessto the Ministry of Finance.Within 15 days from the day on which the satisfactory application is received,the Ministry of Financeshall preside over and cooperate with relevant authorities specified in clause 3 Article 26 of this Decree in considering reissuing the Certificate of eligibility for casino business which specify the time of reissuance. The number of the reissuedCertificate of eligibility for casino businessshall be the number of the formerly issued certificate.
4. The effective period of the reissued Certificate of eligibility for casino business shall be the remaining effective period of the formerly issued one.
Article 29.Modification of theCertificate of eligibility for casino business
1. Any enterprise wishing to modify a content of a Certificate of eligibility for casino business specified in clause 1 Article 27 of this Decree shall apply for modification of the Certificate. Particularly for the change in the maximum number of gaming machines and/or gaming tables allowed to be used by the enterprise, the enterprise must satisfy the conditions specified in clause 3 Article 8 of this Decree.
2.An application formodificationof the Certificate of eligibility for casino business shall contain:
a) An application form for modification of the Certificate of eligibility for casino business;
b) A certified true copy of the Certificate of investment registration or the decision on investment policy which contains the provisions regarding the casino business and amending documents thereof(if any) which are issued by competent authorities according to laws on investment or a non-certified copy enclosed with the original for comparison;
c) A certified true copy of the Certificate of eligibility for casino business;
d) Documents proving that the modification is conformant with the regulations in this Decree andrelevant law provisions.
3.Procedures formodificationof the Certificate of eligibility for casino business
The enterprise shall submit 01 application formodificationof the Certificate ofeligibility for casino businessto the Ministry of Finance. Within 30 days from the day on which the satisfactory application is received, the Ministry of Finance shall preside over and cooperate with relevant authorities specified in clause 3 Article 26 of this Decree in consideringissuing a modifiedCertificate of eligibility for casino business which specify the time ofmodification.
4.The expiry date of themodifiedCertificate of eligibility for casino business shall be the expiry date of the formerly issued one.
Article 30.Extension ofCertificate of eligibility for casino business
1. Only Certificates of eligibility for casino business of large-scale casino-operating enterprises defined in clause 15 Article 2 of this Decree shall be considered extending.
2. Any large-scale casino-operating enterprise having a Certificate of eligibility for casino business expired according to regulations in this Decree which wishes to continue the casino business shall apply for extension of the Certificate at least 06 months before the Certificate expires.
3.Requirements forextensionofaCertificate of eligibility for casino business:
a) The current Certificate of eligibility for casino business shall be effective for at least 06 more months before the time of application for the extension;
b) The requirements specified in points a, c and d clause 1 Article 24 of this Decree are satisfied;
c) The casino business is concluded conformant by a regulatory body upon the nearestperiodic inspectionaccording to regulations in clause 3 Article 60 of this Decree.
4. An applicationfor extension of a Certificate of eligibility for casino businessshall contain:
a) An application form for extension of the Certificate of eligibility for casino business;
b) Acertified true copyof the current Certificate of eligibility for casino business which is effective for at least 06 more months before the time of application for the extension;
c) Documents specified in clauses 2, 4, 5 and 7 Article 25 of this Decree;
d) Acertified true copyof the record of the regulatory body’s conclusion about the nearestperiodic inspectionas prescribed in clause 3 Article 60 of this Decree.
5. Procedures for extension of the Certificate of eligibility for casino business shall be conformant with regulations in clauses 1, 2 and 3 Article 26 of this Decree.
6.Inspection contents
Pursuant to provisions of this Decree and relevant law provisions, the Ministry of Finance and relevant authoritiesspecified in clause 3 Article 26 of this Decreeshall conduct the inspection of the applications according to the requirements specified in clause3 of this Article.
7. A Certificate of eligibility for casino business shall be extended according to the application of the enterprise by a period not exceeding the effective duration of the Certificate of investment registration or the decision on investment policy and not exceeding 10 years from the day on which the Certificate of eligibility for casino business is extended.
Article 31.Revocation ofCertificate of eligibility for casino business
1. The Certificate of eligibility for casino business of an enterprise shall be revoked in any of the following cases:
a) The operation has not been carried out for 12 months from the date of issue of the Certificate of eligibility for casino business;
b) The enterprise is dissolved or bankrupt according to laws;
c) The Certificate of investment registration or decision on investment policy is revoked;
d) The enterprise is concluded not satisfying the requirements for issuance of the Certificate of eligibility for casino business by a competent authority according to point a clause 3 Article 60 of this Decree;
dd)The enterprise is concluded violating all the regulations on casino business by a competent authority according to point b clause 3 Article 60 of this Decree.
2. Certificates of eligibility for casino business specified in point b and c clause 1 of this Article shall automatically expire and be revoked.
3.The Ministry of Financeshall preside over and cooperate with relevant agencies specified in clause 3 Article 26 of this Decree deciding on the revocation of Certificates of eligibility for casino business for cases specified in points a, d and dd clause 1 of this Article. Such decisions shall be sent to the enterprise 10 days before the date of revocation.
4. The enterprise shall immediately terminate the casino business at the time the Certificate of eligibility for casino business is revoked.
5. The decision on revocation of the Certificate of eligibility for casino business of the enterprise shall be published onmeans of mass mediabythe Ministry of Finance.
Chapter IV
PROCEDURES FOR ISSUANCE OF LICENSE FOR FOREIGN CURRENCY RECEIPT AND EXPENDITURE AND OTHER FOREIGN EXCHANGE TRANSACTIONS
Article 32.Procedures for issuance of License for foreign currency receipt and expenditure and other foreign exchange transactions
1. After receiving the Certificate of eligibility for casino business issued by the competent authority, any enterprise wishing to receive and spend foreign currencies and participate in aforeign exchange transactionspecified in this Decree shall submit directly or send by post 02 applications to provincialbranches of the State Bankof the place where the casino is located.The application shall contain:
a) An application form for the License for foreign currency receipt or expenditure and otherforeign exchange transactions(hereinafter referred to as the License);
b) Acertified true copyor a copy enclosed with the original of the Certificate of investment registration or the decision on investment policy;
c) A certified true copy or a copy enclosed with the original of the Certificate of eligibility for casino business;
d) A set of regulations on internal management and controlling of foreign currency receipt and expenditure signed by therepresentative at lawof the enterprise.
2. Within 15 days from the day on which the applications are received, the provincialbranch of the State Bankshall check the adequacy and validity of the applications and send 01 of them tothe State bank of Vietnamin association with a document containing its opinion of the application.
3. Within 30 days from the day on which the application is received,the State bank of Vietnamshall consider issuing the License. If the application is rejected,the State bank of Vietnamshall send the applicant a document containing the explanation.
4. The effective period of the License shall be in accordance with the effective period of the Certificate of eligibility for casino business and not exceed 20 years from the day on which such Certificate takes effect.
Article 33. Procedures for reissuance, modification and extension of the License
1. Reissuance of the License
a) If the License is lost or damaged of natural disaster or fire or due to other objective reasons, the enterprise shall submit directly or send by post 02 applications for reissuance of the License to a provincialbranch of the State Bankof the place where the casino of the enterprise is located.The application shall contain:
- An application form for reissuance of the License which contains the reasons for reissuance;
-A certified true copy or a copy enclosed with the original of the Certificate of investment registration or the decision on investment policy;
-A certified true copy or a copy enclosed with the original of the Certificate of eligibility for casino business;
-A certified true copy or a copy enclosed with the original of theissuedCertificatewhich is still effective (if any);
- Documents proving the loss or damage of the License (if any);
b) The application shall be sent tothe State bank of Vietnamaccording to regulations in clause 2 Article 32 of this Decree;
c) The License shall be issued according to regulations in clause 3 Article 32 of this Decree;
d) The expiry date of the License shall be the expiry date of the formerly issued License.
2. Modification of the License
a) An enterprise may have its License modified in the following cases:
- Change in the name of the enterprise;
- Change in the bank permissible to provideforeign exchangeservices at which the enterprise opens the specialized account for use of foreign currencies;
- Change in the remaining amount ofcash in foreign currencies.
b) Any enterprise wishing to modify the content of the License shall submit directly or send by post 02 applications for modification of the License to the provincialbranch of the State Bankof the place where the enterprise’s casino is located.The application shall contain:
-An application form formodificationof the License which contains the reasons formodification;
-A certified true copy or a copy enclosed with the original of the issued Certificate which is still effective;
- Documents proving that the contents being modified are conformable to the provisions of point a clause 2 of this Article (if any).
c) The application shall be sent to the State bank of Vietnam according to regulations in clause 2 Article 32 of this Decree;
d) The License shall be issued according to regulations in clause 3 Article 32 of this Decree;
dd) The expiry date of the License shall be the expiry date of the formerly issued License.
e) Regarding the change in the bank permissible to provide foreign exchange services at which the enterprise opens the specialized account for use of foreign currencies, within 05 working days from the day on which the License is modified, the enterprise shall open a new specialized accounted and transfer the remaining foreign currencies from the current specialized account to the new one or to a foreign currency payment account and conduct the procedures for closing the current specialized account and send report the transfer to the State bank of Vietnam;
g) Within 05 working days from the day on which the License is modified, the enterprise shall send the original of the formerly issued License to the State bank of Vietnam.
3. Extension of the License
a) When the License issued bythe State bank of Vietnamexpires, the enterprise shall submit directly or send by post 02 applications for extension of the License to thebranch of the State Bankof the place where the enterprise’s casino is located. An application for extension of the License shall include:
- An application form for extension of the License;
- Acertified true copyor a copy enclosed with the original of the License with is effective for at least 01 more month before the time of application for extension;
- Documents specified in points b and c clause 1 Article 32 of this Decree;
b) The application shall be sent to the State bank of Vietnam according to regulations in clause 2 Article 32 of this Decree;
c) The License shall be extended according to regulations in clause 3 Article 32 of this Decree;
d) The License shall be extended by a period in accordance with the effective period of the Certificate of eligibility for casino business;
dd) Within 05 working days from the day on which the License isextended, the enterprise shallsendthe original of the formerly issued License to the State bank of Vietnam.
Article 34. Revocation of the License
The State bank of Vietnam shall revoke the License of the enterprise in any of the following cases:
1. The application for the License contains information that has been falsified.
2. The enterprise fails to conduct the foreign currency receipt and/or expenditure and otherforeign exchange transactionswithin 12 months from the date of issue of the License.
3. The enterprise is divided,mergered, amalgamated, dissolved or bankrupt according to laws.
4. The enterprise has the Certificate of investment registration or decision on investment policy or the Certificate of eligibility for casino business revoked by a competent authority.
5. The enterprise has been imposed administrativepenaltiesforadministrative violationspertaining toforeign exchangemanagement for at least 03 times.
Article 35. Transformation into License
1. Time limit for transformation
Enterprises specified in clause 1 Article 62 of this Decree which have been permitted bythe State bank of Vietnamto conduct the receipt and expenditure ofcash in foreign currenciesin the casino business may continue such receipt and expenditure according to the written approval. In case of need, the enterprise may apply for transformation of the written approval into the License.
2. Composition of applications and procedures for transformation
a) The enterprise shall submit directly or send by post 02 applications for the License to thebranch of the State Bankof the place where the casino is located.The application shall contain:
-An application form fortransformation intothe License;
-A certified true copy or a copy enclosed with the original of the Certificate of investment registration or the decision on investment policy;
-A certified true copy or a copy enclosed with the original of the Certificate of eligibility for casino business(if any);
-A set of regulations on internal management and controlling of foreign currency receipt and expenditure signed by the representative at law of the enterprise;
- The issued written approval for the receipt and expenditure ofcash in foreign currenciesand otherforeign exchange transactions;
- A report on theforeign currencyreceipt and expenditure and otherforeign exchange transactionsrelated to casino business sincethe State bank of Vietnamhas been issued with the written approval.
b) The application shall be sent to the State bank of Vietnam according to regulations in clause 2 Article 32 of this Decree;
c) The License shall be issued according to regulations in clause 3 Article 32 of this Decree.
Chapter V
INFORMATION, ADVERTISING AND SALES PROMOTION
Article 36. Provision of information
1. The enterprise shall post fully the rules for entering or leaving the casino and publish fully the game rules and regulations on dispute settlement at the casino.
2. The enterprise shall provide information and figures relevant to casino business for competent authorities on request to serve the supervision, inspection and investigation according to laws.
3. The enterprise shall take responsibility for the accuracy and honesty of the information published and provided.
Article 37. Advertising
1.Only enterprises having the Certificatesof eligibility for casino business issued according to this Decree and enterprises specified in clause 1 Article 62of this Decree shall be allowed toconduct the advertising of activities relevant to casino business.
2. The advertising of activities relevant to casino business must comply with laws on advertising.Advertisement contents:
a) Name and address of the enterprise;
b) Names of prize-winning games;
c) Persons eligible to play games at the casino as specified in Articles 11 and 12 of this Decree.
3.The advertising shall be performed on panels and/or signboards and locatedin casinos, provided that people not entering thecasinos willnot hear or see the advertisement contents. Apart from the form specified in this clause, the enterprise must not perform the adverting of casino businessin any shape or form.
4. Apart from the advertising forms specified in clause 3 of this Article, any casino-operating enterprise satisfying regulations in Article 12 of this Decree may perform the advertising in an entertaining program on electronic equipment of an international flight or in the secure area of an international airport or an international port within the period of pilot permission for Vietnamese citizens to play in casinos.
Article 38. Discount and sales promotion
Casino-operating enterprises may give discounts for gamblers or conduct sales promotion activities according to applicable laws on taxes andrelevant law provisions.
Chapter VI
FINANCE, ACCOUNTING AND AUDIT
Article 39. Financial regime
1.Fiscal years of the enterprise shall be conformable to laws on accounting.
2. Casino-operating enterprises are not eligible for incentives for taxes, charges and fees directly related to the purchase of gaming machines, gaming tables, gaming equipment and taxes, charges and feespayablefrom casino business. Tax, charge and fee incentives for other investment and business activities shall be accordance with the applicable law provisions.
3. Enterprises shall perform tax obligations towards the State under applicable laws on taxes.
4. The Ministry of Financeshall provide guidance on thefinancial managementaccording to the particular characteristics of casino business.
Article 40. Revenue andtaxmanagement
1. Any casino-operating enterprise shall arrange a place in the casino with necessary means and equipment for performing the tasks of management and surveillance directly or via electronic equipment and camera system.
2. Officials of regulatory bodies shall supervise directly or via electronic equipment and camera system transactions conducted at the casino which relevant to currencies and/or tokens. Such transactions shall be recorded and reported to relevant regulatory bodies.
3. The inventorying and calculation of transactions performed at cashier area and/or areas for counting and storing cashes and tokens shall be recorded in minutes and conducted under the surveillance of a regulatory body directly or via electronic equipment and camera system;
4.The Ministry of Finance shalldetail the regimes of management and surveillance of the tax collection, the samples of applications and declarations according to laws on taxes and the particular characteristics of casino business.
Article 41. Accountingand reporting regimes
1. Accounting regime andfinancial statementfor enterprises shall be in accordance with law and the guidance ofthe Ministry of Finance.
2. Enterprises shall separately account the turnovers and expenses related to casino business. Enterprises shall allocate the turnovers and expenses are associated with other business activities under the guidance of the Ministry of Finance.
3. The reporting on the professional operations of enterprises shall be conformable to regulations ofthe Ministry of Finance.
Article 42. Audit and disclosure offinancial statements
1.Annual financial statements ofcasino-operating enterprises mustbeannuallyaudited.
2. At the end of a fiscal year, casino-operating enterprises shall disclose their financial statements according to law.
Chapter VII
PENALTIES FOR ADMINISTRATIVE VIOLATIONS
Article 43. General provisions for violation handling
1. Chapter VII of this Decree provides for the administrative violations, forms and levels of penalties andremedial measures, powers to impose penalties and level of pecuniary penalties according to each position in casino business.
2.Administrative violations against regulationspertaining to other sectors relevant to casino business shall the handled according to documents providing for such sectors.
Article 44. Penalties for administrative violations and remedial measures
1. Penalties for administrative violations include:
a)Warnings;
b)Pecuniary penalties.
A fine not exceeding VND 100,000,000 or VND 200,000,000 shall be imposed respectively on any individual or organization committing anadministrative violation against regulations oncasino business;
The fine imposed on administrative violations specified in this Decree shall be applicable to organizations, except the provisions of Article 51 of this Decree which are applicable to individuals.
The fine imposed on individuals shall be a half as much as that imposed on organizations, applicable to administrative violations specified in this Decree.
2.Additional penaltiesfor violations against regulations on casino business:
a) Limited suspension of the Certificate of eligibility for casino business;
b) Confiscation of exhibits and means used for the administrative violation.
3. Apart from penalties specified in clause 1 and clause 2 of this Article, depending on thenature and severity of the violations, the organizations and/or individuals committing the violations may incur one or multipleremedial measuresas follows:
a) Forcible restoration of the original condition;
b) Forcible re-export or destruction of gaming machines, tables and equipment and tokens;
c) Forcible destruction of falsified, forged or counterfeited documents;
d) Forcible correction of reported information and data which are untruthful, insufficient or misleading;
dd) Forcible transfer of illegal earnings from administrative violations to the state budget.
Article 45.Violation against regulations on composition of applications for Certificate of eligibility for casino business
1. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on the falsification of documents in the applications for issuance, reissuance, modification or extension of the Certificate of eligibility for casino business.
2.A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed onany entity that forges or counterfeit documents inthe applications for issuance, reissuance, modificationorextension of the Certificate of eligibility for casino business.
3.Additional penalties:
A 03 to 06 – month suspension of the Certificate of eligibility for casino business shall be imposed on any administrative violation specified in this Article.
4.Remedial measures:
Forcible destruction of falsified, forged or counterfeited documents, applicable to administrative violations specified in this Article.
Article 46. Violation against regulations on for Certificate of eligibility for casino business
1.A fine of from VND 40,000,000 to VND 60,000,000 shall be imposed on the falsification ofthe Certificate of eligibility for casino business.
2.A fine of from VND 130000,000 to VND 150,000,000 shall be imposed on thelease out, lending or transferof the Certificate of eligibility for casino business.
3. A fine of from VND 180,000,000 to VND 200,000,000 shall be imposed on casino business without a Certificate of eligibility for casino business, except enterprises specified in clause 1 Article 62 of this Decree.
4.Additional penalties:
a) A 03 to 06 - month suspension of the Certificate of eligibility for casino business shall be imposed on the administrative violation specified in clause 1 of this Article.
b) A 06 to 12 - month suspension of the Certificate of eligibility for casino business shall be imposed on the administrative violation specified in clause 2 this Article.
5.Remedial measures:
Forcible transfer of illegal benefits from the administrative violations specified in clauses 2 and 3 of this Article to the state budget.
Article 47. Violations against regulations on location of casinos
1.A fine of from VND 90,000,000 to VND 100,000,000 shall be imposed on any location of casino unconformable to the requirements provided for by law.
2. A fine of from VND 180,000,000 to VND 200,000,000 shall be imposed oncasino business run at a place which is not licensed by a competent authority according to law.
3. Additional penalties:
a) A 03 to 06 - month suspension of the Certificate of eligibility for casino business shall be imposed on the administrative violation specified in clause 1 of this Article;
b) A 06 to 12 – month suspension of the Certificate of eligibility for casino business shall be imposed on the administrative violation specified in clause 2 this Article.
4. Remedial measures:
Forcible restoration of original location ofthe casinowhich fully satisfy the requirements prescribed by laws andis licensed by the competent authority.
Article 48. Violations against regulations on the number of gaming machines, gaming tables and types and categories of prize-winning games
1. A fine of from VND 130,000,000 to VND 150,000,000 shall be imposed on the provision of a prize-winning game unconformable to the types and categories prescribed by law and this Decree.
2. A fine of from VND 180,000,000 to VND 200,000,000 shall be imposed on the use of gaming machines and/or gaming tables with the quantity exceeding the one allowable by law and this Decree.
3.Additional penalties:
A 06 to 12-month suspension of the Certificate of eligibility for casino business shall be imposed on the administrative violation specified in clause 2 this Article.
4.Remedial measures:
a) Forcible destruction or re-export of gaming machines and/or gaming tables serving prize-winning games with the quantity, types and/or categories unconformable to law;
b) Forcible transfer of illegal benefits from the administrative violations specified in this Article to the state budget.
Article 49. Violations against regulations on establishment and announcement of game rules
1. A fine of from VND 60,000,000 to VND 90,000,000 shall be imposed on the failure to announce the game rules as prescribed in clause 2 Article 10 of this Decree.
2.A fine of from VND 100,000,000 to VND 180,000,000 shall be imposed on the failure toestablishthe game rules as precribed in clause 1 Article 10 of this Decree.
3. Additional penalties:
A 06 to 12-month suspension of the Certificate of eligibility for casino business shall be imposed on the administrative violation specified in clause 2 this Article.
Article 50. Violations against regulations on the surveillance and management of persons permitted to enter and/or leave a casino
1. A fine of from VND 90,000,000 to VND 100,000,000 shall be imposed on the failure to keep monitoring book or issue e-card for controlling the persons permitted to enter and/or leave a casino.
2. A fine of from VND 180,000,000 to VND 200,000,000 shall be imposed on any enterprise that permits a person to enter and/or leave a casino in contravention of law.
3.Additional penalties:
a) A 03 to 06 - month suspension of the Certificate of eligibility for casino business shall be imposed on the administrative violation specified in clause 1 of this Article;
b) A 06 to 12 - month suspension of the Certificate of eligibility for casino business shall be imposed on the administrative violation specified in clause 2 this Article.
4.Remedial measures:
Forcible transferof illegal benefits from the administrative violations specified in this Articleto the state budget.
Article 51. Violations against regulations on obligations of gamblers
1. A warning shall be imposed on any person committing any of the following violations:
a) Failure to comply with the game rules announced by the enterprise;
b) Failure to comply with the casino’s rules announced by the enterprise;
c) Failure to comply with the internal rules announced by the enterprise.
2. A fine of from VND 20,000,000 to VND 30,000,000 shall be imposed on any person who causes the disturbance and disorder at a casino.
3. A fine of from VND 90,000,000 to VND 100,000,000 shall be imposed on any person who cheats while playing games at a casino.
4.Additional penalties:
Forcibletransferof illegal benefits from the administrative violations specified inclause 3 ofthis Articleto the state budget.
Article 52. Violations against regulations on management of tokens
1. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed on any enterprise that uses tokens which do not fully satisfy thetechnical standardsspecified in this Decree.
2. A fine of from VND 50,000,000 to VND 70,000,000 shall be imposed on any enterprise that fails to register its tokens with a regulatory body according to regulations.
3.A fine of from VND 90,000,000 to VND 100,000,000 shall be imposed on any enterprise thatuses tokens of another enterprise or other than those registered with the regulatory bodies.
4. A fine of from VND 90,000,000 to VND 100,000,000 shall be imposed on any Vietnamese citizen playing in casino who fails to exchange Vietnam dong for tokens or exchange remaining or winning tokens for Vietnam dong.
5.Additional penalties:
a) A confiscation of all the tokens shall be imposed on violations specified in clause 1 and clause 3 of this Article;
b) A 03 to 06 - month suspension of the Certificate of eligibility for casino business shall be imposed on the administrative violation specified in clause 2 and clause 4 of this Article.
Article 53.Violations against regulations onmanagement of gaming machines, tables and equipment
1. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed on any enterprise that fails to keep books for management of gaming machines, tables and equipment.
2. A fine of from VND 60,000,000 to VND 70,000,000 shall be imposed on any enterprise that imports and/or manages spare equipment in contravention of law.
3.A fine of from VND 90,000,000 to VND 100,000,000 shall be imposed on any enterpriseusing gaming machines and/or tableswhich do notfullysatisfy the requirements specified in Article 16of this Decree;
4.Additional penalties:
Confiscation of all the unconformable gaming machines, tables and equipment, applicable to violations specified in clause 2 and clause 3 of this Article.
5.Remedial measures:
Forcibletransferof illegal benefits from the administrative violations specified in clauses 2 and 3 of this Articleto the state budget.
Article 54. Violations against regulations on internal control and managers and directors of casinos
1. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed on any enterprise that fails to issue internal management regulations.
2. A fine of from VND 90,000,000 to VND 100,000,000 shall be imposed on any enterprise that fails to establish an internal control division according to law.
3.A fine of from VND 180,000,000 to VND 200,000,000 shall be imposed onany enterprise that appoints a casino’s manager and/or director who fails to fully satisfy the requirements prescribed by law.
4.Additional penalties:
A 06 to 12 - month suspension of the Certificate of eligibility for casino business shall be imposed on the administrative violation specified in clause 3 this Article.
Article 55. Violations against regulations on prize payout and certification of winnings
1. A fine of from VND 10,000,000 to VND 20,000,000 shall be imposed on any entity that intentionally delays the payout of a prize to a gambler without plausible reasons.
2. A fine of from VND 90,000,000 to VND 100,000,000 shall be imposed on any entity that certifies a winning for ineligible person or of a value different from the actual winning value.
3.Additional penalties:
A 03 to 06 - month suspension of the Certificate of eligibility for casino business shall be imposed on the administrative violation specified in clause 2 this Article.
4.Remedial measures:
a) Forcible payout of the prize to the gamblers at his/her request or in accordance to the game rules;
b) Forcible revocation of the written certification of winnings, applicable to the violations specified in clause 2 of this Article.
Article 56. Violations against regulations on information provisions
1. A fine of from VND 40,000,000 to VND 50,000,000 shall be imposed on any entity that announce or provide insufficient or inaccurate information.
2.Remedial measures:
Forcible correction of the information which has been announced and/or provided insufficiently and/or inaccurately.
Article 57. Violations against regulations on discount, sales promotion andfinancial managementregime
1. A fine of from VND 60,000,000 to VND 70,000,000 shall be imposed on any entity that fails to comply with thefinancial managementregime prescribed by the competent authority.
2. A fine of from VND 90,000,000 to VND 100,000,000 shall be imposed on any entity committing violations against regulations on discounts and/or sales promotion provided for in this Decree.
3.Remedial measures:
Forcibletransferof illegal benefits from the administrative violations specified in this Articleto the state budget.
Article 58. Power to imposepenalties for administrative violationsand power to keepadministrative violationrecords
1. Financial inspectors of all levels who are on duty shall be entitles to impose warnings.
2. Powers ofChief Inspectors ofServicesof Finance:
a) Impose warnings;
b) Impose a fine up to VND 50,000,000;
c) Impose the confiscation of exhibits and/or means used for committing the violations whose value does not exceed the fine specified in point b of this clause;
d) Take aremedial measurespecified in clause 3 Article 44 of this Decree.
3. Powers of the Leader of the specialized inspectorate ofthe Ministry of Finance:
a) Impose warnings;
b) Impose a fine up to VND 140,000,000;
c) Impose the confiscation of exhibits and/or means used for committing the violations whose value does not exceed the fine specified in point b of this clause;
d) Take a remedial measure specified in clause 3 Article 44 of this Decree.
4.Powers of Chief Inspector ofthe Ministry of Finance:
a) Impose warnings;
b) Impose a fine up to VND 200,000,000;
c) Impose a limited revocation of the Certificate of eligibility for casino business as prescribed in this Decree;
d) Impose a confiscation of exhibits and means used for committing the administrative violations;
dd) Take a remedial measure specified in clause 3 Article 44 of this Decree.
5. The power to impose a fine specified in this Article applies to organizations; that applies to individuals shall be a haft as much.
6. Apart from the persons with power to impose penalties specified in Clauses 1, 2, 3 and 4 of this Article, any person having the power to imposepenalties for administrative violationsand working at a People s Committee of province or a police office according to law who, within his/her functions and tasks, finds an administrative violation in such sector or in the area under his/her management may apply regulations in this Decree to impose penalties.
7. When finding anadministrative violation, the person entitled to imposepenalties for administrative violationsas specified in this Article who is on duty shall promptlyhandletheadministrative violationaccording to this Decree and applicable law onhandling ofadministrative violations.
Chapter VIII
STATE MANAGEMENT AND INSPECTION
Article 59. Management of casino business
1. The Government shall unify the state management of casino business and promulgate policies on adjustment of casino business according to the competence.
2.The Prime Minister
a) Grant approval forpoliciesand promulgatelegislative documentsand necessary measures according to competence to manage casino business according to this Decree andrelevant law provisions;
b) Approve the quantity of gaming machines and tables and adjust the maximum quantity of gaming machines and tables applicable to the projects on casino-included entertainment complexes prescribed in Article 7 and Article 8 of this Decree;
c) Make decisions on other contents relevant to casino business intra vires according to this Decree and law provisions.
3.The Ministry of Financeshall take responsibility before the Government for state management of casino business. To be specific:
a) Study, establish and requestcompetent authoritiesto promulgate policies on casino business and promulgate and provide guidance on the implementation oflegislative documentsabout casino business intra vires;
b) Send opinions about the maximum quantity of gaming machines/tables for projects on casino-included entertainment complexes prescribed in Article 7 and Article 8 of this Decree;
c) Preside over and cooperate with relevant Ministries and regulatory bodies to consolidate information and assess the pilot permission for Vietnamese citizens to play in casinos as prescribed in Article 12 of this Decree;
d) Carry out the issuance, reissuance, modification, extension and revocation of Certificates of eligibility for casino business according to regulations in this Decree;
dd) Conduct inspections and handle violations against regulations on the casino business prescribed in this Decree;
e) Carry out other tasks prescribed by law.
4.The Ministry of Planning and Investment
a) Preside over and cooperate with relevant Ministries and regulatory bodies in requesting the Prime Minister to decide on the policies on investment in projects on casino-included entertainment complexes according to laws on investment and this Decree;
b) Cooperate withthe Ministry of Financein considering the issuance, reissuance, modification, extension and revocation of Certificates of eligibility for casino business according to regulations in this Decree;
c) Cooperate with Ministries, regulatory bodies and local governments in the management, surveillance and inspection of casino business;
d) Carry out other tasks prescribed by law.
5. TheMinistry of Public Security
a) Take responsibility for the security and social order and safety in casino business according to law;
b) Promulgate or requestcompetent authoritiesto promulgate or amendlegislative documentsand provide guidance and inspection of the compliance with law on ensuring the security and social order and safety in casino business;
c) Preside over and cooperate with relevantagencies, organizations and individualsin fighting against violations pertaining to money laundering in casino business according to law;
d) Preside over and cooperate with relevant agencies and organizations in fighting against illegal gambling and other violations against law provisions;
dd) Cooperate with the Ministry of Finance in considering the issuance, reissuance, modification, extension and revocation of Certificates of eligibility for casino business according to regulations in this Decree;
e) Cooperate with Ministries, regulatory bodies and local governments in the management, surveillance and inspection of casino business;
g) Carry out other tasks prescribed by law.
6.The Ministry of Culture, Sports and Tourism
a) Provide guidance on the management and inspection of the contents of and images showed on gaming machines, gaming tables, tokens and gaming equipment to suit the Vietnamese habits, customs and esthetic sense according to law;
b) Cooperate with the Ministry of Finance in considering the issuance, reissuance, modification, extension and revocation of Certificates of eligibility for casino business according to regulations in this Decree;
c) Cooperate with Ministries, regulatory bodies and local governments in the management, surveillance and inspection of casino business;
d) Carry out other tasks prescribed by law.
7.The Ministry of Information and Communications
a) DirectInternet service providers, network infrastructure providers, online social network service providers and telecommunication service providers to actively prevent the provision and not to provide prize-winning game services via computer network,telecommunications networkor the Internet;
b) Cooperate with the Ministry of Public Security and relevant ministries and authorities in preventing the provision of prize-winning game services via computer network,telecommunications networkand the Internet from foreign countries to Vietnam;
c) Carry out other tasks prescribed by law.
8.The State bank of Vietnam
a) Carry out the issuance, reissuance, modification, extension, transformation and revocation of the License for foreign currency receipt and expenditure and other foreign exchange transactions relevant to casino business specified in this Decree;
b) Manage the receipt and use offoreign currencies by casino-operating enterprises according to law;
c) Cooperate with the Ministry of Finance in considering the issuance, reissuance, modification, extension and revocation of Certificates of eligibility for casino business according to regulations in this Decree;
d) Preside over and cooperate with relevant agencies, organizations and individuals in anti-money laundering in casino business according to law;
dd) Cooperate with Ministries, regulatory bodies and local governments in the management, surveillance and inspection of casino business;
e) Carry out other tasks prescribed by law.
9.The Ministry of Industry and Trade
Manage thesales promotion activities of casino-operating enterprises according to law.
10.The Ministry of Labor, War Invalids and Social Affairs
Manageemploymentof casino-operating enterprises according to law.
11.People s Committees of provinces
a) Cooperate with the Ministry of Finance in considering the issuance, reissuance, modification, extension and revocation of Certificates of eligibility for casino business according to regulations in this Decree;
b) Take responsibility for the management, surveillance and inspection to ensure that the casino business in local area fully complies with this Decree and law;
c) Direct relevant agencies which are under their management to carry out the management, surveillance and inspection of the casino business in local area regularly;
d) Carry out other tasks prescribed by law.
Article 60. Inspection
1. The inspection by regulatory bodies may be conducted periodically or irregularly. Irregular inspection shall be carried out only when the enterprises denote violations, when it is required for handling complaints and denunciations or fighting against misappropriation or when it is assigned by competent authorities.
2.People s Committees of provincesshall annually conduct periodic inspection of the compliance with regulations on requirements for operating casinos during the enterprise’s casino business. The periodic inspection shall be conducted not exceeding once per year for each enterprise.
3.The Ministry of Finance shall preside over and cooperate with the Ministry of Planning and Investment, the Ministry of Public Security and the Ministry of Culture, Sports and Tourism and relevant Ministries and regulatory bodies and People s Committees of provinces of the place where thecasinois located conducting inspection every02years for considering the ability of maintenance or revocation of the Certificate ofeligibility for casino businessof the enterprise or request a competent authority to consider handling according to laws. Inspection contents:
a) The compliance with requirements for issuance of the Certificate of eligibility for casino business specified in points a, b, c and d clause 1 Article 24 of this Decree;
Particularly for enterprises specified inclause 1Article62of this Decree, the compliance with the requirements foroperating casinos licensedby competent authorities according to laws.
b) The full compliance with regulations on casino business according to this Decree, including the following main contents:
- Themanagement of gaming machinesandtables, tokensandgamingequipment;
- The management ofpersons allowed to play in casinos and persons allowed to enteror leavecasinos as prescribed in this Decree;
- The compliance with internal management rules, financial mechanism and game rules;
- The management offoreign exchangeand the compliance with law on anti-money laundering;
- The compliance with law on finance, accounting andthe State budget remittance obligations.
4. TheMinistry of Finance,People s Committees of provincesand Police officesofprovincesor higher levels shall decide on irregular inspection when finding violations against regulations onpersonsallowed to play games andsecurity and socialorderand safetyor when receivingadenunciation relevant to the enterprise.
5. The inspection of the fulfillment of tax liability by the enterprise shall comply within accordance with regulations of law on taxation.
Article 61. Responsibilities ofregulatory bodies
During the conduct of the management and inspection of a casino, the regulatory bodies specified in this Decree shall be entitled to:
1. Approach all the rooms in the casino.
2. Request the casino-operating enterprise and relevant individuals to provide documents, data and information to serve the management and inspection.
3. Request the enterprise to suspend partially or wholly the casino business if such regulatory body has sufficient ground that the enterprise violates seriously law regulations and send written notification to the issuer of the Certificate of eligibility for casino business of the case for cooperation in inspection and handling according to regulations.
Chapter IX
IMPLEMENTARYPROVISIONS
Article 62. Transitional provisions
1. Any enterprise having gained the Certificate of investment registration containing provision for the casino business run before the effective date of this Decree and having been operating the casino may continue the casino business according to the issued Certificate of investment registration.If necessary, the enterprise may apply for the Certificate of eligibilityfor casino businessas follows:
a) An application for a Certificate of eligibility for casino business shall contain:
-An application form for the Certificate of eligibility for casino business;
-A certified true copyor a copy enclosed with the originalofan effectiveCertificate of investment registration whichcovers casino businessandthe modified Certificate of investment registration(if any);
-Documents specified in clauses 4, 5, 6 and 7 Article 25 of this Decree.
b) The enterprise shall submit 01 application for the Certificate of eligibility for casino business to the Ministry of Finance.Within 15 days from the day on which the satisfactory application is received, the Ministry of Finance shallcheck the composition of the application and decide on the issuance ofthe Certificate of eligibilityfor casino businessto the enterprise, where:
-The number of gaming machines and/or gaming tablesthat the enterprise uses shall not exceed the number of gaming machines and/or tables specified on the Certificate of investment registration. If the Certificate of investment registration does not specify the number of gaming machines and/or tables, the maximum number of gaming machines and/or tables the enterprise may use shall be determined according to the number approved by the competent authorities or the number that the enterprise has registered with the competent authority before the effective date of this Decree;
- The location of the casino shall be conformant with the Certificate of investment registration;
-The expiry date of theCertificate of eligibility for casino business shall not be later than the expiry date of the casino business specified on the Certificate of investment registration.
2.Any enterprise having gained the Certificate of investment registration containing provisionsfor thecasino businessbefore the effective date of this Decree and having not operatedthe casinoshall apply for the Certificate of eligibility for casino business as follows:
a) Requirements for issuance of the Certificate of eligibility for casino business:
- Having the Certificate of investment registration which covers casino business;
- Satisfying the requirements for operating a casino prescribed in the Certificate of investment registration. If the Certificate of investment registration does not contain the requirements for operating a casino, the enterprise shall fully satisfy the requirements specified in points b, c, d and dd clause 1 Article 24 of this Decree.
b) An application for a Certificate of eligibility for casino business shall contain:
-An application form for the Certificate of eligibility for casino business;
-A certified true copy or a copy enclosed with the original of an effective Certificate of investment registration whichcovers casino businessand the modified Certificate of investment registration (if any);
- Documents proving that the enterprise satisfiesthe requirements for operating a casino prescribed in the Certificate of investment registration(if any). If the Certificate of investment registration does not contain the requirements for operating a casino, the enterprise shallsubmit the application specified in clause 3 Article 25 of this Decree.
-Documents specified in clauses 4, 5, 6 and 7 Article 25 of this Decree.
c) Procedures for issuance of the Certificate of eligibility for casino business shall be conformant with regulations in clauses 1, 2 and 3 Article 26 of this Decree.
d) Inspection contents
Pursuant to provisions of this Decree and relevant law provisions, the Ministry of Finance and relevant authorities specified in clause 3 Article 26 of this Decree shall conduct the inspection of the applications according to the requirements specified inpoint a of this clause, where:
-The number of gaming machines and/or gaming tables that the enterprise uses shall not exceed the number of gaming machines and/or tables specified on the Certificate of investment registration. If the Certificate of investment registration does not specify the number of gaming machines and/or tables, the maximum number of gaming machines and/or tables the enterprise may use shall be determined according to the number approved by the competent authorities or the number that the enterprise has registered with the competent authority before the effective date of this Decree;
-The location of the casino shall be conformant with the Certificate of investment registration;
-Theeffective periodof the Certificate of eligibility for casino business shall notexceedtheeffective periodof the casino business specified on the Certificate of investment registration.
Article 63. Implementation provisions
1.This Decreetakes effect onMarch15, 2017.
2.The Minister of Finance shall preside over and cooperate with relevant Ministries and regulatory bodies in guiding the implementation of this Decree.
3.Ministers, Heads of ministerial-level agencies, Heads of governmental agencies, Presidents of People’s Committees of provinces and relevant entitiesshall implementthis Decree./.
For the Government
The Prime Minister
Nguyen Xuan Phu