Thông tư 24/2014/TT-BTTTT

CIRCULAR

PROVIDING FOR THE MANAGEMENT, PROVISION AND USE OF ONLINE GAMING SERVICES

Pursuant to the Decree No. 72/2013/ND-CP dated July 15, 2013 by the Government on management, provision and use of Internet service and online information;

Pursuant to the Decree No. 132/2013/ND-CP dated October 16, 2013 by the Government defining the functions, tasks, entitlements and organizational structure of the Ministry of Information and Communications;

At the request of the Director of Department of Broadcasting, television and Electronic information control,

The Minister of Information and Communications promulgates the Circular providing guidance on a number of articles of the Decree No. 72/2013/ND-CP dated July 15, 2013 by the Government on the management, provision and use of Internet service and online information about online games.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and regulated entities

1. This Circular provides for the management, provision and use of online video gaming services (hereinafter referred to as video gaming services)

2. This Circular applies to any organizations, enterprises, individuals that participates in the management, provision and use of gaming services.

Article 2. Interpretation of terms

1. Video game payment services include any activity that enables video game providers to collect money from players, including the payment intermediary services, bank-based payment services and other payment methods according to the regulations.

2. Virtual currency is a type of currency that is used for the exchange and trade of virtual items, game points and skills according to the rules drawn up by video game providers.

Article 3. Prohibited acts in the provision of video gaming services prescribed in Article 5 of the Decree No. 72/2013/ND-CP

1. Importing, manufacturing, providing, advertising, playing video games that contain:

a) Images, sounds, acts of cruelly murder and torture; incitement to violence or lust; acts of dividing the parts of human body; bloody frightening images; images, sounds, acts that are erotic, vulgar, immoral, contrary to traditional morality, culture, habits and customs; distort, destroy historical tradition, violate the sovereignty and territorial integrity;

b) Images, sounds of acts or incitement of suicide, using drugs, drinking alcohol, smoking; acts of maltreatment, abusing, trade of women and kids;

c) Other violations prescribed in Clause 1 Article 5 of the Decree No. 72/2013/ND-CP.

2. Advertising, introducing, providing the video games that have not been issued with the decision to approve contents and notification of service provision as prescribed in Clauses 2 and 3 Article 31 of the Decree No. 72/2013/ND-CP.

3. Misusing the provision and use of video gaming service for gambling, organizing gambling, defrauding, illegally trading or other violations.

Article 4. Classification of video games by players’ ages

1. Video games are classified as follows:

a) Adult games (for players of at least 18 years old, symbol: 18+) are games that contain armed combats without erotic acts, images or sounds.

b) Games for teens (for players of at least 12 years old, symbol: 12+) are games that contain armed combats where graphics are not very clear and detailed and collision sounds of arms when fighting are mitigated; graphics, sounds and acts of characters are not scanty, erotic and do not make the sensitive parts of body noticeable;

c) Video games for all age (00+) are animation simulation games without armed combats; images, sounds that are eery or violent; images, activities, characters that are scanty, erotic and sensitive parts of body are not noticeable.

2. Responsibilities of game providers in the classification of games by players’ ages:

a) Classify the games by players’ ages as specified in Clause 1 of this Article;

b) Present the classification by players’ ages in the application for approval for contents (applied to G1 games) or in the documents on notification of games provision (applied to G2, G3, G4 games). The classification of games by players’ ages is one of G1 games’ contents subject to inspection;

c) The result of classification by players’ ages shall be presented at top-left of the advertising frame and on the screen of the device when the player is playing games.

3. If there are evidences proving that the classification of G2/G3/G3 games by players’ ages are unconformable to the regulation in Clause 1 of this Article, Department of Broadcasting, television and Electronic information control shall send the owner enterprise a written request for adjustment within 15 (fifteen) working days.

If the enterprise fails to adjust the classification, Department of Broadcasting, television and Electronic information control shall send them a written request for suspending from providing service and taking measures to assure the benefits of players. After 15 (fifteen) working days from the day on which such document is promulgated, if the enterprise fails to comply with the request, Department of Broadcasting, television and Electronic information control shall revoke the certificate of registration for providing online gaming services.

Article 5. Video game appraisal consultation council

1. Members of Video game appraisal consultation council are representatives of relevant bodies and organizations that have relevant specialized skills.

2. Video game appraisal consultation council is responsible for giving advices during the appraisal of contents, plot, technical plans for G1 video game provision and other special cases at the request of the Ministry of Information and Communications, ensuring the tightness and objectiveness of the appraisal consultation process.

3. Video game appraisal consultation council is founded and operated according to the Decision by the Minister of Information and Communications.

Article 6. Personal information of players

1. When creating a G1 video game account, any player shall provide the following information:

a) Full name;

b) Date of birth;

c) Permanent place of residence;

d) ID number or passport number, date of issue and place of issue;

dd) Phone number, mail address (if any).

If the player is younger than 14 (fourteen) years old and has not obtained an ID card or passport, his/her guardian shall consider registering personal information to express his/her consent and shall take legal responsibilities for the registration.

2. G1 video game providers shall retain players’ personal information during the time the players use the service and 06 (six) months from the time players stop using their game accounts; G1 game providers shall operate a specialist technical system that is available to connect with national database of Personal Identification Number or Identity card so as to verify the player’s information.

Article 7. Regulations on virtual items, virtual currency, game points

1. Game providers must not adopt the designs of virtual items, virtual currency, game points for game unless they conform with the ones  approved by competent authority.

2. Players may use game points or virtual currency in his/her account’s budget to exchange for virtual items designed by the game providers.

3. Game providers shall keep virtual items, virtual currency and game points under control according to the game rules and in accordance with the approved contents.

4. Virtual items, virtual currency, game points shall be used only in the game and according to the purposes presented in the reported document. Virtual items, virtual currency and game points are not assets and shall not be reversed into money, game cards, coupons or other items having transaction value outside of the game.

5. Virtual items, virtual currency, game points must not be traded between players.

Article 8. Rights and obligations of enterprises lending out server, server location; telecommunication enterprises, Internet service providers

1. Refuse to connect, disconnect for definite or indefinite period with any gaming service providers that has not obtained an approval decision for the contents or has not made any notification of service provision according to regulations in Clauses 2 and 3 Article 31 of the Decree No. 72/2013/ND-CP.

2. Refuse to connect, disconnect for definite or indefinite period with any gaming service providers that has not obtained any license or certificate of registration for providing video gaming services and any providers that has not obtained an approval decision for the contents or has not made any notification of service provision according to the regulation in Clauses 2 and 3 Article 31 of the Decree No. 72/2013/ND-CP at the request of the regulatory bodies.

3. Cooperate with regulatory bodies in ensuring information safety and security and investigating, preventing the violations against regulations on provision and use of video gaming services.

Article 9. Rights and obligations of video game payment service providers

1. Refuse to connect, disconnect for definite or indefinite period with the gaming service providers that has not obtained an approval decision for the content or has not made any notification of service provision according to the regulation in Clauses 2 and 3 Article 31 of the Decree No. 72/2013/ND-CP

2. Refuse to connect, disconnect for definite or indefinite period with the gaming service providers that has not obtained an approval decision for the contents or has not made any notification of service provision according to the regulation in Clauses 2 and 3 Article 31 of the Decree No. 72/2013/ND-CP at the request of regulatory bodies.

3. Cooperate with regulatory bodies in ensuring information safety and security and investigating, preventing the violations against the regulation pertaining to payment services in provision, use of gaming services.

Article 10. Responsibilities of the Services of Information and Communications of provinces

1. Take lead, cooperate with agencies relating to the organization in conducting on-site inspection of technical conditions of gaming service providers in local area when the enterprises begin providing service.

2. Conduct inspection, examination and take measures against the violations pertaining to the provision of gaming services of enterprises whose offices or service provision systems are located in local area in accordance with tasks and entitlements prescribed in the laws.

Article 11. Regulations on information provision and reporting activities

1. Information provision:

a) The Ministry of Information and Communications shall post on their website (www.mic.gov.vn) the list of enterprises that have their license/certificate of registration for gaming service provision issued/revoked; the list of G1 games that have obtained the approval decision for contents or have such decision revoked; the list of G2/G3/G4 that have fulfilled the notification procedures for service provision; the list of games that have been terminated; the list of license, certificate, approval decision on the contents that are no longer effective.

b) Services of Information and Communications of provinces shall post on their website the list of G1 games that have obtained the decision to approve contents or have such decision revoked; list of G2/G3/G4 that have fulfilled the notification procedures for service provision; update the list of games that have been terminated and notify the owners of servers providing public gaming services in local area.

2. Reporting activities:

a) Video gaming service providers shall make report every 06 (six) months (on every June 01 and December 01) using Form No. 9 and submit it to the Department of Broadcasting, television and Electronic information control, local Services of Information and Communications where such enterprises register as office location and carry out the irregular report activities at the request of regulatory body;

b) Services of Information and Communications shall report to the Ministry of Information and Communications (through the Department of Broadcasting, television and Electronic information control) every 06 (six) months (on every June 15 and December 15) on the management, provision and use of video gaming service in local area using Form No. 10.

Chapter II

ISSUANCE OF LICENSE TO PROVIDE G1 GAMING SERVICE AND APPROVAL FOR G1 GAME CONTENTS

Article 12. Requirements for management and staff for video gaming service provision

 Requirements for management and staff for video gaming service provision prescribed in Clause 1 Article 32 of the Decree No. 72/2013/ND-CP can be construed as follows:

1. There shall be office with determined address and phone number.

2. There shall be a game administrative staff in accordance with the scope of operation, ensuring that 02 (two) servers are under control of at least 01 (one) administrator.

3. Staff includes members having college degrees responsible for managing the provision of video games.

Article 13. Technical conditions for G1 gaming service provision

Technical conditions for G1 gaming service provision prescribed in Clause 1 Article 32 of the Decree No. 72/2013/ND-CP can be construed as follows:

1. The system of devices serving provision of any type of games shall satisfy these following requirements:

a) The devices shall have ability to store and update players’ personal information prescribed in Article 6 of this Circular;

b) Managerial payment system of video games shall be located in Vietnam and shall be connected with Vietnamese payment service providers, ensuring the accuracy and sufficiency in updating and storing, enabling players to look up the detailed information about his/her payment accounts;

c) The devices shall have ability to control the playing time of user from 00:00 to 24:00 every day and ensure that the total amount of playing time of a G1 game provided by a enterprise of each user under 18 years old does not exceed 180 minutes per day;

d) The devices shall display the classification of video games by ages when introducing, advertising the games and providing gaming services ; the devices shall display the warnings "Playing game for more than 180 minutes per day may harm your health” at a noticeable position on the forum of the game and on the screen when the player is playing game.

2. There shall be plans on assurance of service quality and benefits of players.

3. There shall be technical and specialized measure for the management of the game forum (if any) conformable with regulations in Circular No. 09/2014/TT-BTTTT dated August 19, 2014 by the Ministry of Information and Communications providing guidance on the management, provision, use of data on electronic information pages and social network.

4. There shall be standby plans for devices and connection and there shall be data-backup plan to ensure the safety of the system when a problem occurred.

5. There shall be plans to ensure the information safety and security and confidentiality of personal information of the player.

Article 14. Application for license to provide G1 gaming services

Application for the license to provide gaming services shall include:

1. The Form No. 1.

2. A certified true copy of the Certificate of Enterprise registration or the Investment certificate in which online gaming service provision is the main business.

3. Resumes of staff members who are in charge of managing the provision of gaming services (certified by a competent agency)

4. Documents certifying the legality of the domain name.

5. Written documents of project on video gaming services provision including:

a) A plan on provision of service, finance capacity, organization of structure and staff members carrying out the provision that satisfies the conditions prescribed in Articles 12 and 13 of this Circular;

b) An overall diagram of service providing devices and their locations;

c) A detailed description of service provision devices including the main devices and the spare ones including their expected names, functions, configuration;

d) Detailed information about mode and scope of service provision; a plan on Internet and telecommunications network connection (name of enterprise, domain name, IP address, capacity of connection channel, game distributing channel);

dd) A detailed description of payment system in game and a plan on connection with video game payment service providers in Vietnam (including name of the providers, form of connection, rights and entitlements of parties);

e) A plan on use of Internet resources;

g) A plan on assurance of service quality and benefits of players.

h) Detailed description of the device system (hardware, software) serving the control of operation of service providing system; a plan on data-backup and a standby plan for devices and connection; service operating, developing, providing and using processes; a plan on confidentiality and security of players’ personal information;

i) A detailed description of device system (including hardware and software) ensuring information safety and security and confidentiality of players’ personal information and of regulation on the cooperation between gaming service providers and functional agencies in ensuring information safety and security.

Article 15. Procedures for issuance of license to provide G1 gaming services

1. Any applicant shall submit 01 (one) original application for license to provide G1 gaming services to the Ministry of Information and Communications (through the Department of Broadcasting, television and Electronic information control) by one of the following methods:

a) Directly;

b) By post.

2. Within 30 working days from the day on which the satisfactory application is received, the Department of Broadcasting, television and Electronic information control shall carry out the appraisal of the documents and request the Minister of Information and Communications to consider and issue the license to provide G1 gaming services according to the Form No. 2. If the application is rejected, the Ministry of Information and Communications shall make a written response containing the explanation.

3. 10 working days before the day the service is officially released, the applicant shall send a notification specifying the time when the game is officially provided to the Ministry of Information and Communications (through the Department of Broadcasting, television and Electronic information control), the Service of Information and Communications of the area where its head office is located and of the area where the provision device system is located; notify the enterprises lending out server/server location, and telecommunication service, Internet service and video game payment service providers. The receiving agency is responsible for sending a quittance to the applicant within 7 working days from the day on which the notification is received.

4. A license to provide G1 gaming services is valid for 06 months from the day on which it takes effect unless the enterprise is dissolved or bankrupt.

5. If the license to provide G1 gaming services expires or is revoked or the enterprise change any of information prescribed in Clause 6 Article 16 of this Circular, the reissuance shall be performed in accordance with the procedures for issuance prescribed in Articles 14 and 15 of this Circular.

Article 16. Modification, extension and reissuance of the license to provide G1 gaming services

1. Any applicant shall fulfill the application procedures for modification of the license to provide G1 gaming services in the following cases:

a) Change of enterprise name;

b) Change of name of lawful representatives of the enterprise;

c) Relocation of head office to another province.

The applicant may fulfill concurrently the procedures for modification of the license and procedures for modification of the approval decision for G1 game contents.

2. The applicant shall submit 01 (one) original application for modification of the license to provide G1 gaming services to the Ministry of Information and Communications (through the Department of Broadcasting, television and Electronic information control) by one of the following methods:

a) Directly;

b) By post.

3. An application for modification of the license to provide gaming services shall include:

a) A written request for modification of the license to provide G1 gaming services containing the contents subject to modification and reasons for modification;

b) A copy of the issued license to provide G1 gaming services and the approval decision for G1 game contents;

c) Documents proving the reasons for modification.

4. Within 15 working days from the day on which satisfactory application is received, the Ministry of Information and Communications shall consider issuing modified license. If the application is rejected, the Ministry of Information and Communications shall have a written response containing the explanation.

5. If the head office of the enterprise is moved to a place in the same province and using the transaction office and the server address is remained, then within 05 working days before the head office is moved, the enterprise shall send a written notification to the Ministry of Information and Communications (through the Department of Broadcasting, television and Electronic information control) and the local Service of Information and Communications where it has registered as its office location (the procedures for modification of the license of G1 gaming service provision registration may be skipped). The receiving agency is responsible for sending a quittance to the applicant within 7 working days from the day on which the notification is received.

6. Within 30 days from the day on which the decision on modification is received, the applicant shall follow the procedures for reissuance of license according to the regulation in Clause 5 Article 15 of this Circular and enclose with the original of the license to provide G1 gaming services with are in effect for one of the following cases:

a) 100% founding shareholders of a joint-stock company is changed; 100% members of a multi-member limited liability company is changed; in the  ownership of a single member limited company is changed; the owner of a private enterprise is changed;

b) The organizational structure of an enterprise is changed due to total division, partial division, amalgamation, merger and transition according to the regulations on enterprises.

7. An enterprise that has been issued with license to provide G1 gaming services and has adapted change in capital holding that lead to change in shareholders whose capital holding is at least 30% of charter capital shall send a written notification to the Ministry of Information and Communications (through the Department of Broadcasting, television and Electronic information control) and the local Service of Information and Communications where the enterprise has registered as office location within 15 days from the day on which the decision for modification is received. The receiving agency is responsible for sending a quittance to the applicant within 7 working days from the day on which the notification is received.

8. The reissuance of license to provide G1 gaming services shall be carried out if the license is lost or damaged.

a) If its license to provide G1 gaming services is lost or damaged, the enterprise shall submit an application form for reissuance to the Ministry of Information and Communications (through the Department of Broadcasting, television and Electronic information control) directly or by post;

b) The application form for reissuance of license to provide G1 gaming services shall include: Name and address of enterprise; number, place of issue, date of issue of the certificate of enterprise registration; number, place of issue, duration of the old license; reasons for reissuance; commitment of the enterprise on the declaration in the application form;

c) Within 15 working days from the day on which the satisfactory application form is received, the Ministry of Information and Communications shall consider reissuing the license. If the application form is rejected, the Ministry of Information and Communications shall make a written response containing the explanation.

9. Extension of license

a) If an enterprise wishes to continue the business but fails to fulfill the reissuance procedures before the expiry of the license, such enterprise shall carry out the extension of license. Each license shall be extended only 01 time to no more than 1 year;

b) Any applicant shall submit application form for extension enclosed with a copy of the license subject to extension to the Ministry of Information and Communications (through the Department of Broadcasting, television and Electronic information control) directly or by post;

c) The application form for extension of the license shall include: Name, enterprise address; number, place of issue, date of issue of the certificate of enterprise registration; number, place of issue, effectiveness of the old license; reasons for extension; commitment of applicant on the declaration in the application form;

d) Within 15 working days from the day on which the satisfactory application form is received, the Ministry of Information and Communications shall consider granting the extension. If the application form is rejected, the Ministry of Information and Communications shall make a written response containing the explanation.

Article 17. Conditions for decision to approve G1 game contents

An enterprise may be issued with the decision to approve G1 game contents if:

1. Such game has content complying with the regulation in Clause 1 Article 3 of this Circular; the classification of game by players’ ages that is in accordance with the game content as prescribed in Clause 1 Article 4 of this Circular.

The contents and forums of game are managed by staff members who have at least university degrees.

3. The owner enterprise has a technical plan that satisfies the following conditions:

a) The classification of video games by players’ age; the warnings "Playing game for more than 180 minutes a day may harm your health” are displayed repeatedly at a noticeable position on the forum of game and on the screen of player during the playing time;

b) The content of the chat between the players is managed according to regulations on the management of social network in Decree No. 72/2013/ND-CP and Circular No. 09/TT-BTTTT dated August 19, 2014 by the Ministry of Information and Communications.

4. There is a program to manage the account information that satisfies the following conditions:

a) Such program allows the game manager to connect directly and synchronously with the system of account information management;

b) Such program allows the game manager to connect directly and synchronously with the payment service system of the enterprise;

c) Such program help store and update constantly and exactly the information about the user name, the playing time, the information relating to the ownership of virtual items, virtual currency, game points.

5. There are plans on assurance of service quality, assurance of system safety in case of error.

Article 18. Application for the decision to approve G1 game contents/plots

The application for the decision to approve G1 game contents shall include:

1. An application form for approval for content using the Form No. 3 enclosed with the commitment of the applicant on fulfillment of rights and obligations of enterprise prescribed in Article 34 of the Decree No. 72/2013/ND-CP

2. A copy of the license to provide G1 gaming services that is effective for at least 01 year.

3. Resumes of staff members who are in charge of managing the content of the game (certified by a competent agency).

4. A certified true copy of documents certifying the lawful copyright and a written agreement allowing the enterprise to release the game in Vietnam. If the certification document and the written agreement is in foreign language, there shall be a certified translation.

5. A detailed description on contents of game shall include:

a) Name and origin of the game;

b) The details about contents; character systems, mission systems, maps; virtual items, virtual currency, game points; interactive activities and combats between characters; forms of payment and versions;

c) The methods and the result of the classification of game by players’ ages.

6. A technical plan that satisfies the requirements prescribed in Clauses 3 and 4 Article 17 of this Circular, including:

a) A detailed diagram of the gaming device system;

b) The detailed address of the location of game provision system and the name of the server location lessor (in case of lease of server location);

c) A detailed description of service provision devices including the main ones and the spare ones that specifies the expected names, functions, configuration of each device;

d) The description of the display of the classification of game by ages; the warning "Playing game for more than 180 minutes a day may harm your health” at a noticeable position on the forum of game and on the screen of player during the playing time;

dd) A detailed description of account information management that satisfied the requirement in Article 6 of this Circular.

7. Devices for recording images, activities, typical sounds of game: images of a number of classes of characters, a number of items, equipment; images of characters that are carrying out missions, mainly at the 5 highest levels (if any); typical activities (ex: combats) between characters.

Article 19. Procedures for the issuance of approval decision for G1 game contents

1. Any applicant shall submit 01 (one) original application for the approval decision for G1 game contents to the Ministry of Information and Communications (through the Department of Broadcasting, television and Electronic information control) by one of the following methods:

a) Submit directly;

b) Submit by post.

2. Within 20 working days from the day on which the satisfactory application is received, the Minister of Information And Communications shall carry out the inspection and issue the decision to approve G1 game contents to the applicant. If the application is rejected, the Ministry of Information and Communications shall make a written response containing the explanation.

3. The decision to approve G1 game contents is no longer in effect since the license to provide G1 gaming services is revoked or expires or in case the enterprise does not carry out the service provision during 06 months from the day on which the decision takes effect.

4. 10 working days before the day the service is officially released, the enterprise shall send a notification specifying the releasing time to the Ministry of Information and Communications (through the Department of Broadcasting, television and Electronic information control), the Service of Information and Communications of the area where the head office is located and of the area where the provision device system is located; the enterprise shall also notify the server/server location lessors, the telecommunication service providers, Internet service providers and video game payment service providers. The receiving agency is responsible for sending a quittance to the applicant within 7 working days from the day on which the notification is received.

5. If the decision to approve game contents is no longer in effect or is revoked, the reissuance shall be performed in accordance with the procedures for issuance prescribed in Articles 18 and 19 of this Circular.

6. If a game is simultaneously classified as G1, G2, G3 or G4 game and obtains an approval decision for game contents, the notification procedures prescribed in Article 26 of this Circular may be skipped.

Article 20. Modification and reissuance of decision to approve G1 game contents

1. An enterprise shall carry out the procedures for the modification of the decision to approve G1 game contents in the following case:

a) The name of game is changed;

b) The contents is updated/upgraded and has contents different from the former version that is approved.

2. The enterprise shall submit 01 (one) original application for modification of the approval decision for G1 game contents to the Ministry of Information and Communications (through the Department of Broadcasting, television and Electronic information control) by one of the following methods:

a) Submit directly;

b) Submit by post.

3. An application for modification of Decision to approve G1 game contents shall include:

a) A copy of the approval decision for game contents;

b) An application for modification of the approval decision or G1 game contents containing the specification of content subject to modification and the reasons for modification;

c) Detailed description of contents subject to modification and relevant proof documents.

4. Within 15 working days from the day on which the satisfactory application form is received, the Ministry of Information and Communications shall inspect and issue the decision on modification to the applicant. If the application is rejected, the Ministry of Information and Communications shall make a written response containing the explanation.

5. Within 05 working days before the methods, scope of gaming service are modified (domain name – applied to games on the Internet or distributing channel – applied to games on telecommunications network), the enterprise may not carry out the modification procedures. However, there shall be a written notification sent to the Ministry of Information and Communications (through the Department of Broadcasting, television and Electronic information control) and the Service of Information and Communications in the local area where the office is located. The receiving agency is responsible for sending a quittance to the applicant within 7 working days from the day on which the notification is received.

6. Reissuance of decision

a) If the Decision to approve game contents is lost or damaged that no longer usable, the applicant shall submit an application form for reissuance to the Ministry of Information and Communications (through the Department of Broadcasting, television and Electronic information control) including number, date of issue of the former decision and reasons for the application for reissuance;

b) Within 15 working days from the day on which the satisfactory application form is received, the Ministry of Information and Communications shall consider and issue the new license. If the application form is rejected, the Ministry of Information and Communications shall make a written response containing the explanation.

Chapter III

REGISTRATION FOR PROVIDING G2/G3/G4 GAMING SERVICES AND NOTIFICATION OF G2/G3/G4 GAMING SERVICES

Article 21. Conditions of management and staff for G2/G3/G4 gaming service provision

Conditions of management and staff prescribed in Clause 1 Article 33 of the Decree No. 72/2013/ND-CP can be construed as follows:

1. The head office shall have determined address and phone number.

2. Staff members shall include members having college degree responsible for managing the provision of video games.

3. Staff members administrating the video game shall in accordance with the scope of operation and the form of service provision.

Article 22. Technical requirements for providing G2/G3/G4 gaming services

Technical requirements prescribed in Clause 1 Article 33 of the Decree No. 72/2013/ND-CP can be construed as follows:

1. Payment management system of video games shall be located in Vietnam and connected with Vietnamese video game payment service providers, ensuring the accuracy and sufficiency that enable player to look up the detailed information about his/her payment account.

2. There shall be plans on the assurance of service quality and benefits of players.

Article 23. Application for license of registration for providing G2/G3/G4 gaming services

Application for the certificate of registration for providing G2/G3/G4 gaming services shall include:

1. An application form for the certificate of registration for providing G2/G3/G4 gaming services using the Form No. 5.

2. A certified true copy of Certificate of Enterprise registration or the Investment certificate in which specified online gaming services as a business.

3. Resumes of staff members who are in charge of providing gaming services (certified by a competent agency)

4. Documents certifying the legality of the domain (applied to games connected to the Internet).

5. A project on video gaming services provision shall include:

a) A plan on provision of service, organization of structure and staff members carrying out the provision that satisfies the scope and the conditions prescribed in Articles 21 and 22 of this Circular;

b) An overall diagram of devices providing services, locations of service provision devices and the Internet connection;

c) A description of service provision devices including the main ones and the spare ones that includes name, function, configuration of each device;

d) Detailed information about mode and scope of service provision: Internet (domain name, IP address), telecommunications network (expectation of game distributing channel);

dd) Forms of payment for the service, types of coupons and cooperated enterprises  carry out the payment service (name of enterprise, method of payment);

e) Measures to assure  service quality and benefits of players.

Article 24. Procedure for the issuance of the certificate of registration for providing G2/G3/G4 gaming services

1. Any applicant shall submit 01 (one) original application for the certificate of registration for providing G2/G3/G4 gaming services to the Department of Broadcasting, television and Electronic information control by one of the following methods:

a) Submit directly;

b) Submit by post.

2. Within 15 working days from the day on which the satisfactory application is received, the Department of Broadcasting, television and Electronic information control shall consider and issue the certificate of registration for providing gaming services using Form No. 6. If the application is rejected, the Department of Broadcasting, television and Electronic information control shall make a written response containing the explanation.

3. 10 working days before the day the service is officially released, the enterprise shall send a notification specifying the releasing time to the Department of Broadcasting, television and Electronic information control, the Service of Information and Communications of the area where the head office is located; it shall also notify the server/server location lessors, telecommunication service providers, Internet service providers and video game payment service providers

The receiving agency is responsible for sending a quittance to the applicant within 7 working days from the day on which the notification is received.

4. A certificate of registration for providing G2/G3/G4 gaming services is no longer in effect if the enterprise is dissolved or bankrupt or if the enterprise  fails to carry out the provision during 12 months from the day on which the license takes effect.

5. If the certificate of registration for providing G2/G3/G4 gaming services is no longer in effect or is revoked or if the enterprise adjusts the contents prescribed in Clause 6 Article 25 of this Circular, the reissuance shall be performed in accordance to the procedures for issuance prescribed in Articles 23 and 24 of this Circular.

Article 25. Modification of the certificate of registration for providing G2/G3/G4 gaming services

1. The enterprise shall carry out the procedures for modification of the license to provide G2/G3/G4 gaming services in of the following cases:

a) The enterprise name is changed;

b) The name of lawful representatives of the enterprise is changed;

c) The head office is moved to another province.

2. Any applicant shall submit 01 (one) original application for modification of the certificate of registration for providing G2/G3/G4 gaming services to the Department of Broadcasting, television and Electronic information control by one of the following methods:

a) Submit directly;

b) Submit by post.

3. An application for modification of the certificate of registration for providing G2/G3/G4 gaming services shall include:

a) A copy of the former license;

b) A written request for modification of the certificate of registration for providing G2/G3/G4 gaming services containing the contents subject to modification and reasons for modification;

c) Documents proving the reasons for modification.

4. Within 15 working days from the day on which the satisfactory application is received, the Department of Broadcasting, television and Electronic information control shall consider issuing the new license to the applicant. If the application is rejected, the Department of Broadcasting, television and Electronic information control shall have a written response containing the explanation.

5. Within 05 working days before the day on which the methods, scope of gaming service are modified (domain name – applied to games on the Internet or distributing channel – applied to games on telecommunications network), types of games (G2, G3, G4) , the enterprise may not carry out the modification procedures. However, there shall be a written notification sent to the Department of Broadcasting, television and Electronic information control and the Service of Information and Communications in the local area where the office is located. The receiving agency is responsible for sending a quittance to the applicant within 7 working days from the day on which the notification is received.

6. Within 30 days from the day on which the decision for modification is received, the applicant shall follow the procedures for reissuance of license according to the regulation in Clause 5 Article 24 of this Circular enclosed with the original of the certificate of registration for providing G2/G3/G4 gaming services with are in effect for one of the following cases:

a) 100% of founding shareholders of a joint-stock company are changed; 100% members of a multi-member limited liability company are changed; the ownership of a single member limited company is changed; the owner of a private enterprise is changed;

b) The organizational structure of an enterprise is changed due to total division, partial division, amalgamation, merger and transition according to the regulations on enterprises.

7. Any enterprise that has been issued with the certificate of registration for providing G2/G3/G4 gaming services and  has adapted the change in capital holding that lead to change in shareholders whose capital holding is at least 30% of charter capital shall send a written notification to the Department of Broadcasting, television and Electronic information control and the local Service of Information and Communications where the enterprise has registered as office location within 5 days from the day on which the decision for modification is received. The receiving agency is responsible for sending a quittance to the applicant within 7 working days from the day on which the notification is received.

8. The reissuance of the certificate of registration for providing G2/G3/G4 gaming services shall be carried out if the license is lost or damaged.

a) If the certificate of registration for providing G2/G3/G4 gaming services is lost or damaged that no longer usable, applicant shall submit an application form for reissuance to the Department of Broadcasting, television and Electronic information control including the enterprise’s name, address; number, place of issue, date of issue of the former license; reasons for the application for reissuance; commitment of the applicant on the declaration in the application form;

Within 15 working days from the day on which the satisfactory application is received, the Department of Broadcasting, television and Electronic information control shall consider issuing the new license to the applicant. If the application is rejected, the Department of Broadcasting, television and Electronic information control shall have a written response containing the explanation.

Article 26. Notification of the release of G2/G3/G3 game

1. At least 30 working days before the day on which a G2/G3/G4 game is officially released, the enterprise shall send a notification of the release of such game to the Department of Broadcasting, television and Electronic information control directly or by post;

2. Document for the notification of the release of G2/G3/G4 gaming services shall include:

a) Notification of the release of G2/G3/G3 game using the Form No. 7;

b) A copy of the application form for the certificate of registration for providing G2/G3/G4 gaming services;

c) Certified true copies of documents certifying the lawful copyright and a written agreement allowing the enterprise to release the game in Vietnam. If the certification document and the written agreement is in a foreign language, there shall be a certified translation.

3. Within 15 working days from the day on which the satisfactory application is received, the Department of Broadcasting, television and Electronic information control shall issue a writing certifying the notification of provision of gaming services using Form No. 8. After that period, if there is no response from the Department of Broadcasting, television and Electronic information control, the enterprise may release the game on the date specified in the notification.

4. The enterprise shall submit an additional notification to the Department of Broadcasting, television and Electronic information control if one of the following contents is adjusted within the release time of the gaming service:

a) Name of the game;

b) The classification of games according to players’ ages;

c) The type of the game (G2, G3, G4);

d) Scope, methods of service provision: domain name, IP address (on electronic information pages), game distributing channel (mobile telecommunications network).

Article 27. Forms for the management, provision and use of gaming service

These following forms are enclosed with this Circular:

1. Application form for license to provide G1 online gaming services (Form No. 01).

2.  License to provide G1 online gaming services (Form No. 02).

3. Application form for the approval for contents of G1 online game (Form No. 03).

4. Decision to approve G1 online game contents (Form No. 04).

5. Application form for Certificate of registration for providing online gaming services (Form No. 05).

6. Certificate of registration for providing online gaming services (Form No. 06).

7. Notification of provision of online game using the Form No. 07;

8. Confirmation of notification to provide gaming services  (Form No. 08).

9. Report on provision of online gaming services (form No. 09).

10. Report on management, provision and use of online gaming services in local area (form No. 10).

Chapter IV

IMPLEMENTATION

Article 28. Effect

This Circular takes effect on February 12, 2015.

Article 29. Transitional provisions

1. Any enterprise providing online gaming services shall carry out the procedures for application for the issuance of to the certificate of registration for providing G1 online gaming services, certificate of registration for providing G2/G3/G4 online gaming services and report the classification of video game by players' ages according to regulations in this Circular within 180 days from the day on which this Circular takes effect.

2. With regard to the video game having obtained the approval decision for online game contents prescribed in the Joint Circular No. 60/2006/TTLB-BVHTT-BBCVT-BCA dated June 01, 2006 by the association of the Ministry of Culture, Sports and Tourism, the Ministry of Posts and Telecommunications on the management of online games; if the game is changed in name or updated/upgraded that the contents is modified, the owner enterprises shall carry out the application procedures for the approval for contents as prescribed in Article 17, 18 and 19 of this Circular within 180 days from the day on which this Circular takes effect.

3. Difficulties that arise during the implementation of this Circular should be reported to the Ministry of Information and Communications (through the Department of Broadcasting, television and Electronic information control) for consideration and solution.