Circular No. 03/1998/TT-BVHTT guiding the management of electronic games

CIRCULAR

Guidelines for Managing Video Games

Pursuant to Article 58 of the Law on Legislative Acts promulgated on November 12, 1996;

Pursuant to Decree No. 81/CP dated November 8, 1993 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture and Information;

In order to strengthen state management and better meet the growing demand for healthy entertainment among the people, the Ministry of Culture and Information issues this Circular to guide the management of video games,

This technical regulation sets out technical requirements, testing methods, sampling procedures; management requirements; responsibilities of organizations and individuals producing, trading, and importing cigarettes.

Article 1. Electronic games include:

1. Machines pre-installed with electronic game content or other forms of entertainment content using electronic technology;

2. Tapes, discs, and components containing electronic game content;

3. Game consoles, equipment for playing video games;

4. Computers and computer networks containing electronic game content.

Article 2. The subjects involved in electronic game activities include:

1. Individuals or organizations operating video game services with capital lower than the legally prescribed amount as stipulated in Decree No. 66/HĐBT dated March 2, 1992 of the Council of Ministers (now the Government);

2. Enterprises and companies engaged in other business sectors that additionally operate electronic game services;

3. Enterprises and companies specializing in the operation of electronic game services;

4. Individuals or organizations using video games without the purpose of business;

5. The subjects specified in Clause 2 and 3 of this Article include joint venture contracts and cooperative business ventures with foreign countries.

Article 3. Individuals and organizations operating video game services (including production, duplication of tapes, discs, and components containing content) must obtain permission from competent state cultural information management authorities in accordance with Articles 8 and 11 of this Circular and register their business operations in compliance with the law.

Article 4. Individuals and organizations using or operating video game services may only be permitted to use machines or tapes, discs with content that is healthy entertainment, contributing to physical development, enhancing aesthetic awareness in people.

Article 5. Strictly prohibited are the following acts:

1. Organizing video games, producing, importing/exporting machines, equipment, tapes, discs, components of video games, inserting video games into computers or the Internet with content:

a. Opposing the Socialist Republic of Vietnam;

b. Inciting violence, dividing ethnic groups and peoples of other countries, spreading reactionary thoughts, culture, decadent lifestyles, criminal acts, social evils, superstitious beliefs, and destroying Vietnamese traditional customs;

c. Distorting history, denying revolutionary achievements, slandering great men, national heroes, defaming the reputation of organizations, and insulting the dignity and personality of citizens;

2. Organizing electronic games with monetary prizes or gambling nature;

II. CONDITIONS AND PROCEDURES FOR BUSINESS LICENSES AND
AUTHORITY TO ISSUE CERTIFICATES OF ELIGIBILITY
FOR OPERATING VIDEO GAME SERVICES

Article 6. Conditions.

Subjects operating electronic game services as stipulated in this Circular must satisfy the following conditions:

1. Location owned or legally used by the entity must ensure hygiene, be well-ventilated in summer and warm in winter; not obstruct traffic safety;

2. Equipment must meet technical standards for clear sound, beautiful colors, sharp images; ensuring healthy aesthetics;

3. For individuals, they must be at least 18 years old, have a permanent residence address in the locality, have good health (not suffering from diseases that limit or impair cognitive ability), have no criminal record for disseminating harmful culture, not currently under criminal investigation or serving a criminal sentence;

4. Those wishing to establish a business or company to operate video game services must have the required capital and economic-technical feasibility studies to establish a business.

Article 7.- Procedures for applying for business licenses.

1. Entities specified in Clauses 1, 2, and 3 of Article 2 of this Circular who wish to operate video game services must submit an application for business operation or establishment of a business facility to the Provincial Department of Culture and Information. Along with the application, entities must provide a confirmation document regarding the conditions specified in Article 6 of this Circular.

For entities specified in Clause 2 of Article 2 of this Circular, they must attach a copy of the business registration certificate already issued.

For entities specified in Clause 3 of Article 2 of this Circular, they must attach an economic-technical feasibility study.

AT In localities where a single-window procedure for issuing business licenses has been implemented, applicants must submit their applications to the licensing authority. The issuance of licenses must be accompanied by a review document from the Provincial Department of Culture and Information.

2. For entities wishing to engage in joint ventures or cooperatives with foreign countries primarily engaged in video game services or mainly in video game services, which fall within the investment license issuance authority of the People's Committee of provinces or centrally-administered cities, must have a review document from the Provincial Department of Culture and Information. The review document from the Provincial Department of Culture and Information is simultaneously sent to the Ministry of Culture and Information (Planning Department) for reporting.

3. For entities wishing to engage in joint ventures or cooperatives with foreign countries primarily engaged in video game services or mainly in video game services, which fall within the investment license issuance authority of the Ministry of Planning and Investment, must have a review document from the Ministry of Culture and Information.

Article 8. Authority and time limit for issuing certificates of eligibility for business operations for entities.

1. After receiving the application, checking the content and specific conditions, based on the planning of the locality, the Provincial Department of Culture and Information will issue a certificate of eligibility for entities specified in Clauses 1, 2, and 3 of Article 2, and provide a review document for entities specified in Clause 2 of Article 7; the Ministry of Culture and Information will provide a review document for entities specified in Clause 3 of Article 7 of this Circular;

2. AT in provinces or centrally-administered cities with large areas or high population density, the People's Committee of the province or city may delegate the County Department of Culture and Information to issue certificates of eligibility for entities specified in Clause 1 of Article 2 of this Circular.

3. The time limit for issuing certificates of eligibility or review documents by the Ministry of Culture and Information, Provincial Department of Culture and Information, and County Department of Culture and Information shall not exceed 15 days from the date of receipt of the application;

4. AT in localities where a single-window procedure for issuing business licenses has not been implemented, after obtaining the Cultural Information Department's certificate of eligibility, entities must proceed with the current procedures for registering their business operations.

5. Applicants for business registration must pay fees as prescribed.

6. If a certificate of eligibility is not issued, the receiving authority must respond in writing.

III. VIDEO GAME SERVICE OPERATIONS

Article 9. After obtaining an investment permit or certificate of eligibility and registering for video game service operations, entities are allowed to operate according to the provisions of the issued permit; for entities engaging in joint ventures or cooperatives with foreign countries, when operating, they must register with the Provincial Department of Culture and Information. The registration document must clearly state the investment permit number, date of issuance, issuing authority, unit headquarters, telephone number, location of video game service operations, and comply with relevant provisions of this Circular./.

An entity that has been permitted to engage in business activities wishing to change its location or the content of the permitted activities must go through the procedure to obtain permission from the agency that issued the certificate of eligibility and the agency that registered the business or issued the investment permit.

Article 10.- Individuals and organizations using electronic games shall be responsible for the content thereof and shall not violate the prohibitions stipulated in Article 5 of this Circular; service operating businesses may not operate past midnight.

In cases where the content cannot be determined as prohibited or non-prohibited, individuals and organizations using electronic games must request the local Department of Culture and Information to review and determine such content and must pay the review fee. The Department of Culture and Information must have markings to identify tapes, discs, and components that have been reviewed and approved for distribution.

Article 11.

1. Importing game machines, equipment, and introducing game content onto the Internet must be authorized by the Ministry of Culture and Information according to current regulations.

2. Businesses engaging in electronic game operations that install pre-loaded content on machines for use, import tapes, discs, and components containing game content must obtain permission from the local Department of Culture and Information.

Local Departments of Culture and Information shall organize the affixing of labels or marks on machines with pre-installed content that has been approved for use.

IV. REWARDS AND SANCTIONS FOR VIOLATIONS

Article 12.

1. Entities engaged in electronic game activities as specified in Article 2 of this Circular without a license, not in accordance with the permitted content, or violating prohibitive provisions may be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation.

2. Those who issue electronic game business licenses in violation of regulations or harass applicants during the licensing process, and those responsible who cover up for violators shall be subject to disciplinary action.

3. Individuals who contribute to detecting violations or have achievements in managing electronic game services shall be rewarded according to state regulations.

V. IMPLEMENTATION

Article 13. This Circular shall take effect fifteen days from the date of signature. Organizations and individuals already permitted by localities to operate electronic game services before this Circular takes effect may continue to operate if they meet all conditions stipulated in this Circular.

Organizations and individuals who do not meet the required conditions or fail to comply with the prescribed content in this Circular shall be suspended from operation from the date this Circular takes effect.

Article 14. The Departments of Culture and Information are responsible for providing specific guidance for implementing this Circular in their respective localities and regularly inspecting and handling violations within their jurisdiction.

Article 15. Provincial People's Committees, the heads of the Ministry's Office, the heads of the Ministry's Inspectorate, and the directors of relevant departments and agencies under the Ministry of Culture and Information are responsible for guiding and supervising the implementation of this Circular./.