Eligibility Certificate for Prize-Winning Electronic Gaming Business: Dossier and Procedures

Dossier, order and procedures for issuance of the certificate of eligibility to operate prize-winning electronic games.

1. What conditions are required for issuance of the certificate of eligibility to operate prize-winning electronic games?

Under Article 20 of Decree 121/2021/ND-CP, when the following conditions are satisfied, the certificate of eligibility to operate prize-winning games is issued:

– An enterprise is considered for issuance of the certificate of eligibility to operate prize-winning electronic games only when it has registered the prize-winning electronic game business line under the Law on Investment and the Law on Enterprises and fully satisfies the conditions prescribed in Clause 3 of this Article.

– The enterprises prescribed in Clause 1 of this Article must apply for the certificate of eligibility before organizing prize-winning electronic game business activities.

– Conditions for issuance of the certificate of eligibility include:

+ The enterprise has a tourist accommodation establishment rated 5 stars by the competent state management authority under the Law on Tourism and guiding documents;

+ Having an area for arranging the business point that fully satisfies the conditions prescribed in Article 5 of this Decree;

+ Having managers and operators of the business point satisfying the conditions and standards prescribed in Clause 1, Article 19 of this Decree;

+ Having minimum charter capital of VND 500 billion and, in the fiscal year immediately preceding the year the enterprise submits the dossier requesting the certificate of eligibility, the enterprise operated profitably;

+ Having a prize-winning electronic game business plan ensuring maintenance of security, order and social safety as prescribed by law.

– Each tourist accommodation establishment is considered for only one certificate of eligibility, and the certificate of eligibility is issued only to the enterprise owning that tourist accommodation establishment.

2. What does the dossier requesting issuance of the certificate of eligibility to operate prize-winning electronic games include?

The dossier requesting issuance of the certificate of eligibility under Article 21 of Decree 121/2021/ND-CP includes:

– Application for issuance of the certificate of eligibility under Form No. 01 prescribed in Appendix II issued with this Decree.

– Copy of the Investment Registration Certificate or the Enterprise Registration Certificate issued by the competent state management authority under the Law on Investment and the Law on Enterprises, which registers the prize-winning electronic game business line.

– Copy of the tourist accommodation establishment rating decision issued by the competent state management authority and documents proving the enterprise owns that tourist accommodation establishment.

– Dossier proving the number of guest rooms put into business at the tourist accommodation establishment.

– Layout diagram of the business point, with explanations of the following basic contents: entrance and exit of the business point; area for arranging prize-winning electronic game machines; cashier area, cash vault for counting cash, tokens and storing cash and token containers; area for arranging electronic equipment and camera systems for monitoring and supervision, and fire prevention and fighting equipment.

– Financial report of the fiscal year immediately preceding the year the enterprise submits the dossier requesting the certificate of eligibility, audited by an independent auditing organization for a public interest entity. The audited financial report is an unqualified report. Where the audit opinion is qualified, the qualification must not affect the conditions for issuance of the certificate of eligibility prescribed in Point d, Clause 3, Article 20 of this Decree.

– Copy of the certificate of eligibility on security and order for the tourist accommodation establishment issued by the competent public security authority.

– Draft internal management regulations, organization of the internal control unit, internal regulations on anti-money laundering, and game rules.

– Business plan, including main contents: objectives, number, types and categories of prize-winning electronic games, estimated foreign currency revenue and expenditure needs, solutions to ensure security, order and social safety for the business point, and implementation plan.

– List, brief resumes of qualifications and work experience, certified copies of diplomas by the competent state management authority or copies with originals presented for comparison proving the professional qualifications and expertise of the managers and operators of the business point.

3. How are the procedures for issuance of the certificate of eligibility to operate prize-winning electronic games carried out?

Under Article 22 of Decree 121/2021/ND-CP, the procedures for issuance of the certificate of eligibility to operate prize-winning electronic games are carried out as follows:

– The enterprise submits 01 dossier requesting issuance of the certificate of eligibility to the Ministry of Finance in one of the following forms:

+ Direct submission to the Ministry of Finance;

+ By post;

+ Through the public service portal of the Ministry of Finance.

Within 15 days from the date of receipt of the dossier, the Ministry of Finance notifies the completeness and validity of the dossier and requests the enterprise to supplement documents (if any) and send 06 official dossiers for appraisal in the forms prescribed in Points a and b of this Clause.

– Within 60 days from the date of receipt of the full 06 official dossiers, the Ministry of Finance considers and issues the certificate of eligibility. Where refusing to issue the certificate of eligibility, the Ministry of Finance notifies the enterprise in writing and clearly states the reasons for refusal.

– Appraisal order and procedures:

+ Within 15 days from the date of receipt of the valid dossier, the Ministry of Finance sends the dossier to consult the relevant authorities including: the Ministry of Public Security, the Ministry of Culture, Sports and Tourism, the Ministry of Planning and Investment, the State Bank of Vietnam and the People’s Committee of the province or centrally-run city (hereinafter referred to as the provincial-level People’s Committee) where the enterprise applies to organize prize-winning electronic game business activities;

+ Within 15 days from the date of receipt of the complete consultation dossier, the consulted authority must provide written opinions to the Ministry of Finance and is responsible for the consulted contents;

+ After receiving all opinions of the relevant authorities, the Ministry of Finance consolidates the opinions; coordinates with the Ministry of Public Security, the Ministry of Culture, Sports and Tourism, the provincial-level People’s Committee and relevant authorities to organize an inspection at the tourist accommodation establishment to determine that the area for arranging the business point satisfies the conditions prescribed in Point a, Clause 2, Article 5 of this Decree; determine the number of guest rooms put into business as the basis for determining the maximum number of prize-winning electronic game machines the enterprise is permitted to operate under Clause 1, Article 7 of this Decree, and consider and decide on the issuance or non-issuance of the certificate of eligibility;

+ After being issued the certificate of eligibility by the Ministry of Finance, the enterprise is responsible for carrying out procedures to adjust and supplement the prize-winning electronic game business line in the certificate of eligibility on security and order as prescribed by law before organizing prize-winning electronic game business activities.

– Appraisal contents: Based on this Decree and other relevant laws, the Ministry of Finance and relevant authorities appraise the dossier according to the contents consistent with the conditions prescribed in Article 20 of this Decree.

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