Thông tư 08/2000/TT-BVHTT

CIRCULAR

OF THE MINISTRY OF CULTURE AND INFORMATION No. 08/2000/TT-BVHTT DATED APRIL 28, 2000 GUIDING THE MANAGEMENT OF ELECTRONIC GAMES

Pursuant to Article 58 of the Law on the promulgation of Legislative documents dated 12/11/1996;

Pursuant to Degree No. 81/CP dated 8/11/1993 by the Government on functions, tasks, powers and organizational structure of the Ministry of Culture and Information;

In order to reinforce the State management in term of Culture-Information, ensuring the right to be active in business of enterprises according to regulations in the Law on Enterprise so as to satisfy better and better the healthy entertainment needs of people, the Ministry of Culture and information promulgates this Circular guiding the management of electronic games.

I- GENERAL PROVISIONS

Article 1.

Electronic games include:

1. Any device with installed electronic games or other entertaining content through electronic technique;

2. Any tape, disc or component containing electronic games;

3. Any electronic game console.

4. Any computer, computer network containing electronic games.

Article 2.

Electronic game services providers include:

1. Individual business households specified in Decree No. 02/2000/ND-CP dated 3/2/2000 by the Government that provide game services;

2. Enterprises/companies having registered for trade in a sector with game service is an additional sector;

3. Enterprises/companies specialized in game services;

4. Organizations being public service providers doing trade in game services;

5. Individuals/organizations using games for non-business purposes;

6. Entities specified in clauses 2 and 3 of this Article, including contracts on trade cooperation and joint venture with foreign individuals/organizations.

Article 3.

Any individuals/organizations using  or providing game services shall use only recorders, tapes and discs with healthy entertainment contents, contributing in physical development, raising aesthetic awareness of people.

Article 4.

Every individual/organization is banned from:

1. Organizing electronic games; manufacturing, exporting or importing game recorders, tapes, discs or components; installing into computer electronic games with contents that:

a/ Opposing the Socialist Republic of Vietnam;

b/ Inciting violence, dividing ethnics and people of different countries, propagandizing reactionary thoughts or cultures, lewd or degenerate lifestyle, criminal actions, society’s vices and superstitions that destroying Vietnam’s habits and customs;

c/ Distorting history, denying revolutionary achievements, offending great people and national heroes; slandering, offending prestige of an organization, honor and dignity of a citizen;

2. Holding games with prizes in cash or games with gambling nature.

3. Providing game services within 200 m from gates of schools (including nursery schools, elementary schools, middle schools, and high schools), regardless of region.

II-CONDITIONS AND PROCEDURES FOR PROVIDING GAME SERVICES

Article 5.

Conditions for providing game services.

Any entities wishing to provide game services specified in this Circular must satisfy the following conditions:

1. The location is within his/her lawful ownership or the right to enjoyment and is hygienic, ventilated in summer and warm in winter; and must not obstruct traffic order;

2. Equipment must have wholesome appearance; ensuring technical standards: clear voice, nice color, high-solution image;

3. Any individual providing game services must comply with regulations in clauses 5 and 6 Article 9 of the Law on Enterprise;

4. Any entities wishing to provide game services through a cooperation contract or joint venture with foreigners must have capital and economic and technical feasibility study reports according to law provisions on cooperation with foreigners.

Article 6.

Procedures for business registration:

1. Entities specified in clause 1 Article 2 of this Circular shall carry out business registration at a Business registration office affiliated to People’s Committee of district.

2. Entities specified in clauses 2 and 3 Article 2 of this Circular shall carry out business registration at the Business registration office in the Service of Planning and Investment.

3. Regarding entities wishing to provide game services through a cooperation contract or joint venture with foreigners (including entities specialized in game services and entities trading in a sector with game service provision is an additional sector) within the competence in issuing the investment license of a People’s Committee central-affiliated cities and provinces, such entities must obtain a written appraisal from the Services of Culture and Information. Such written appraisal from the Services of Culture and Information shall be concurrently sent to the Ministry of Culture and Information for reporting.

4. Regarding entities wishing to provide game services through a cooperation contract or joint venture with foreigners (including entities specialized in game services and entities trading in a sector with game service provision is an additional sector) within the competence in issuing the investment license of the Ministry of Planning and Investment, such entities must obtain a written appraisal from the Ministry of Culture and Information.

5. Any entities specified in clause 4 Article 2 of this Circular that provide game services must register for paying taxes with a local tax authority.

III. PROVISION OF GAME SERVICES

Article 7.

After obtaining the investment license or the Certificate of Business registration for providing game services, entities providing game services through a cooperation contract or joint venture with foreigners must send a written registration to the Services of Culture and Information of local area.  The written registration must contain the code number of the investment license, date of issue, place of issue, head office, phone number and business location and must comply with relevant regulations specified in this Circular.

Article 8.

Any entities using or providing game services must be responsible for the contents and must not commit violations against regulations specified in Article 4 of this Circular; Gaming centers must not open after 12 p.m.

In case of confusion about whether the contents is permissible or not, any entities using game services must request the Service of Culture and Information of local area to conduct an appraisal for determination and must pay the fees for appraisal. The Services of Culture and Information must have a sign to mark that a tape/disc/component has been appraised and permitted by the Service of Culture and Information.

Article 9.

1. The installation of a game into a computer network must be carried out only after obtaining the permission from the Ministry of Culture and Information according to current regulations.

2. Any entities must provide game services that imports devices with installed games, tapes, discs or components containing games only after obtaining permission from the Service of Culture and Information.

The Services of Culture and Information are in charge of affixing stamps or signs on devices with permitted contents.

IV-CONSIDERATION OF AWARD AND ACTIONS AGAINST VIOLATIONS

Article 10.

1. Any entities using or providing game services that commit violations against regulations in this Circular, depending on the seriousness, shall be administratively sanctioned or liable to criminal prosecution.

2. Any people contributing in the discovery of violations or denunciating violations or contributing in the management of game services shall receive awards according to the State's regulations.

V- ORGANIZATION OF IMPLEMENTATION

Article 11.

This Circular comes into effect from June 1, 2000 and replaces Circular No. 03/1998/TT-BVHTT dated June 22, 1998 by the Ministry of Culture and Information.

Article 12.

Services of Culture and Information are responsible for providing guidance on the implementation of this Circular in local area and handling violations intra vires.

Article 13.

People’s Committees of central-affiliated cities and provinces, the Chief of the Ministry Office, the Chief Inspector of the Ministry Office, Directors of Departments affiliated to the Ministry of Culture and Information that are relevant are responsible for the implementation of this Circular.