On 16/01/2017, the Government issued Decree No. 03/2017 / ND-CP guiding on casino business. Accordingly, this Decree provides for casino business, business management and penalties for administrative violations against regulations on casino business in Vietnam.
Casino business is a conditional business subject to the strict control by competent authorities to assure that such business is compliant with this Decree and relevant law provisions. Only enterprises having the Certificate of eligibility for casino business shall be allowed to run a casino business.
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.
The organization of and participation in prize-winning games must ensure the transparency, objectiveness and honesty, ensuring the lawful rights and interests of relevant parties.
Organizations and individuals related to the organization of and participation in prize-winning games must comply with this Decree and relevant law provisions.
The decree also specifies the prohibited acts such as allowing direct betting between gamblers depending on the results of prize-winning games at casinos; committing a fraud in the organization of and/or participation in a prize-winning game at a casino; performing acts that affect the security and social order and safety at casinos according to laws; Using gaming machines, gaming tables, token and/or gaming equipment with contents and images which are not permitted by competent inspection authorities.
In addition, it is strictly forbidden to misuse the casino business to organize and provide prize-winning games illegally via a computer network, telecommunications network or Internet; misusing the casino business to smuggle or transport foreign currency, gold, silver, gemstones and/or precious metals and launder money, finance the terrorism or trade in prostitution; certifying the fictitious prize, certify the prize untruly or ultra vires or prevent a gambler from certifying the prize without plausible reasons.
A casino operating enterprise may only run a casino business at a sole facility licensed by a competent authority according to laws.
The casino shall be located separately from other business areas of the enterprise and meets the following conditions: Have separate entrance and exit doors; Have electronic equipment and cameras for constant surveillance and control of all the activities in the casino (24/24); Have security staff, sufficiently equipment and routes for security and fire safety according to relevant law provisions; 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.
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 to the Ministry of Finance, People’s Committees of provinces, Department of Finance, Investment registry office 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 above authorities.
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: The implementation of the project of casino has been approved by a competent authority; The project contains at least hotels, service, tourism, commercial and entertaining areas and conference centers; The investment in the project is at least USD 02 billion; There are plans and measures which are feasible and suitable for Vietnam’s conditions for controlling and eliminating negative effects of the casino business.
Requirements for issuance of the Certificate of eligibility for casino business: The enterprise has the Certificate of investment registration or decision on investment policy issued by a competent authority which covers casino business; 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; The location of the casino fully satisfies the requirements; There are persons in charge of managing or controlling the casino; There is a business plan as prescribed in this Decree.
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.
This Decree comes into force from 15/3/2017.
Le Thi Diem Quynh
(Source: Agency for Business Registration)