What is the business of electronic games with prizes for foreigners? To be granted a business license for prize-winning electronic games for foreigners, what procedures must be followed?

What is the business of electronic games with prizes for foreigners?

Pursuant to Clause 1 and Clause 2, Article 2 of Decree 121/2021/ND-CP specific regulations as follows:

– Electronic games with prizes are games of chance held on electronic gaming machines with prizes in which players spend money to participate and can win monetary prizes.

– Trading in prize-winning electronic games for foreigners is a conditional business activity licensed by a competent state management agency to trade prize-winning games on prize-winning electronic game machines.

Conditions for issuance of Certificate of eligibility for business in prize-winning electronic games for foreigners

Pursuant to Article 20 of Decree 121/2021/ND-CP specifically stipulates as follows:

– Enterprises are only considered for issuance of Certificates of eligibility for business of prize-winning electronic games when they have registered doing business in electronic games with prizes according to the provisions of the Investment Law and Enterprise Law and meeting the conditions specified in Clause 3 of this Article.

– Before organizing prize-winning electronic game business, businesses specified in Clause 1 of this Article must apply for a Certificate of business eligibility.

– Conditions for being granted a Certificate of business eligibility include:

+ Enterprises with tourist accommodation establishments that have been rated 5 stars by competent state management agencies according to the provisions of the Law on Tourism and guiding documents;

+ There is an area to arrange a Business Point that meets the conditions specified in Article 5 of this Decree;

+ There is a person managing and operating the business location that meets the conditions and standards prescribed in Clause 1, Article 19 of this Decree;

+ Have a minimum charter capital of 500 billion VND and the fiscal year immediately preceding the year the enterprise submits its application for a Certificate of Business Eligibility, the enterprise is profitable;

+ Have a business plan for prize-winning electronic games to ensure the maintenance of security, order and social safety according to the provisions of law.

– Each tourist accommodation establishment is only considered and issued with one Business Qualification Certificate and the Business Qualification Certificate is only issued to the enterprise that owns that tourist accommodation establishment.

To be granted a business license for prize-winning electronic games for foreigners, what procedures must be followed?

Regarding documents, based on Article 21 of Decree 121/2021/ND-CP specifically stipulates as follows:

The application for a Business License includes the following basic documents:

– Application for issuance of Certificate of business eligibility according to Form No. 01 specified in Appendix II issued with this Decree.

– A copy of the Investment Registration Certificate or Business Registration Certificate issued by a competent state management agency in accordance with the provisions of the Investment Law and the Enterprise Law, including business registration for the prize-winning electronic game industry.

– A copy of the decision to rank the tourist accommodation establishment issued by the competent state management agency and documents proving that the enterprise owns the tourist accommodation establishment.

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

– Business Location layout diagram, including explanation of the following basic contents: exit and entrance doors to the Business Location; area where prize-winning electronic game machines are located; Cashier and treasury areas for counting cash and tokens and storing equipment for storing cash and tokens; Area for arranging electronic equipment and camera systems for monitoring, surveillance and fire prevention and fighting equipment.

– The financial statements of the year immediately preceding the year the enterprise submits the application for a Certificate of Business Eligibility are audited by an independent auditing organization for units with public interests. Audited financial statements are fully approved reports. In case the audit opinion is exceptional, the exceptional factor does not affect the conditions for granting the Certificate of business eligibility specified in Point d, Clause 3, Article 20 of this Decree.

– Copy of Certificate of satisfaction of security and order conditions for tourist accommodation establishments issued by a competent police agency.

– Draft internal management regulations, organization of the internal control department, internal regulations on money laundering prevention and game regulations.

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

– List, brief curriculum vitae of qualifications and work experience, copies of diplomas certified by competent state management agencies or copies accompanied by the presentation of originals for comparison to prove the professional qualifications and skills of the person managing and operating the business location.

Regarding procedures, based on Article 22 of Decree 121/2021/ND-CP, it is specifically stipulated as follows:

– Enterprise submits 01 set of application documents for issuance of Certificate of business eligibility to the Ministry of Finance in one of the following forms:

+ Submit directly to the Ministry of Finance;

+ Through postal mail;

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

Within 15 days from the date of receiving the dossier, the Ministry of Finance shall notify the completeness and validity of the dossier and request the enterprise to supplement documents (if any) and send 06 sets of official dossiers for appraisal in the form specified in Points a and b of this Clause.

– Within 60 days from the date of receipt of 06 sets of official documents, the Ministry of Finance shall review and issue a Certificate of business eligibility. In case of refusal to issue a Business Eligibility Certificate, the Ministry of Finance shall notify the enterprise in writing and clearly state the reason for refusal.

– Procedures for appraising documents:

+ Within 15 days from the date of receiving a valid dossier, the Ministry of Finance sends the dossier to seek opinions from relevant agencies including: Ministry of Public Security, Ministry of Culture, Sports and Tourism, Ministry of Planning and Investment, State Bank of Vietnam and People’s Committees of provinces and centrally run cities (hereinafter referred to as Provincial People’s Committees) where the enterprise applies for permission to organize prize-winning electronic game business activities;

+ Within 15 days from the date of receiving the complete dossier for comments, the agency receiving comments must send written comments to the Ministry of Finance and take responsibility for the contents consulted;

+ After receiving all comments from relevant agencies, the Ministry of Finance synthesizes opinions; Coordinate with the Ministry of Public Security, the Ministry of Culture, Sports and Tourism, the Provincial People’s Committee and relevant agencies to organize inspections at tourist accommodation establishments to determine the area where the Business Point will be located that meets the conditions specified in Point a, Clause 2, Article 5 of this Decree; Determine the number of accommodation rooms that have been put into business as a basis for determining the maximum number of electronic game machines with prizes that the enterprise is allowed to operate according to the provisions of Clause 1, Article 7 of this Decree and consider and decide whether or not to grant a Certificate of business eligibility;+ After being granted a Certificate of business eligibility by the Ministry of Finance, the enterprise is responsible for carrying out procedures to adjust and supplement the business lines of prize-winning electronic games in the Certificate of eligibility for security and order according to the provisions of law before organizing prize-winning electronic game business activities.

– Content of appraisal

Pursuant to the provisions of this Decree and other relevant legal provisions, the Ministry of Finance and relevant agencies evaluate the dossier according to the contents in accordance with the conditions specified in Article 20 of this Decree.