Enterprises providing electronic game services must demonstrate results is legal content that readers often need to check carefully before implementing it in practice. This article has been reorganized by ANT Legal in an easy-to-understand way, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
What is a business providing video game services? Who is an online video game player?
Pursuant to Clauses 10 and 12, Article 3 of Decree 72/2013/ND-CP, then:
Enterprises providing online video game services (referred to as electronic game service providers) is an enterprise established under Vietnamese law that provides video game services through the establishment of equipment systems and the legal use of video game software.
Online video game players (referred to as players) is an individual who enters into a contract with a business providing electronic game services or a public electronic game service provider to play electronic games.
In addition, online video game service (referred to as video game service) is the provision of players the ability to access the network and play online video games.
Where on the screen must businesses providing video game services display the results of classifying video games according to player age?
Pursuant to Clause 2, Article 31a of Decree 72/2013/ND-CP supplemented by Clause 17, Article 1 of the Decree 27/2018/ND-CP regulating the classification of video games by player age:
Classification of video games by player age
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2. Responsibilities of businesses providing video game services in classifying games by age:
a) Self-classifying video games according to player age as prescribed in Clause 1 of this Article;
b) Showing the results of classifying video games by player age in the application for approval of content and script for G1 video games, in the service provision notification dossier G2, G3 and G4 video game services. Classifying video games according to player age is one of the assessed contents of G1 video games;
c) Shows the results of classifying video games by player age in the upper left corner of the advertising frame and device screen while players use video game services.
Thus, businesses providing video game services must show the results of classifying video games according to player age in the upper left corner of the advertising frame and device screen while the player uses the video game service.
In particular, video games are classified according to the following ages:
(1) Video games for adults (18 years and older, denoted 18+) are games with fighting activities using weapons; no pornographic activities, sounds, or images;
(2) Video games for teenagers (from 12 years old and up, denoted 12+) are games with fighting and fighting activities using weapons but the weapon images cannot be seen up close and clearly; moderate the sound of weapon collisions during combat; There are no activities, images, sounds, characters wearing revealing clothes, pornography, or close-ups that draw attention to sensitive parts of the human body;
(3) Video games for all ages (denoted as 00+) are cartoon simulation games; no resistance activities with weapons; no images or sounds of ghosts, horror, or violence; There are no activities, sounds, or images of characters wearing revealing, pornographic, close-up shots that draw attention to sensitive parts of the human body
Is an enterprise providing video game services that does not classify video games by age subject to suspension of operations?
Pursuant to point a, clause 2, Article 104 of the Decree 15/2020/ND-CP violating regulations on providing online video game services:
Violating regulations on providing online video game services
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2. Fine from 20,000,000 VND to 30,000,000 VND for one of the following acts:
a) Failure to provide information about online video games or not classifying video games by age or do not recommend possible negative impacts to players in advertising programs, on the business’s website, or in each game;
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7. Additional penalties:
a) Deprive the right to use the decision approving the content and script of G1 video games from 01 month to 03 months for violations specified in Point c, Clause 5 of this Article;
b) Suspension of the right to use the License to provide G1 video game services, the Certificate of providing online video game services from 22 months to 24 months for violations specified in Clause 6 of this Article;
c) Confiscate evidence and means of administrative violations for the acts specified in Clauses 3 and 6 of this Article;
d) Suspension of operations from 01 month to 03 months for violations specified in Points b and dd Clause 2, Clauses 3, 4, Points a and d Clause 5 of this Article.
Note: According to the provisions of Clause 3, Article 4 of Decree 15/2020/ND-CP, the above fine is the fine for organizations.
Thus, if a business providing video game services does not classify video games by age, their operations will not be suspended.
However, businesses can be fined from 20,000,000 VND to 30,000,000 VND for not classifying video games according to age according to regulations.
Note on Applying Current Legal Regulations
This article belongs to the Business & M&A group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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