Circular No. 08/2000/TT-BVHTT guides the management of video games.

 CIRCULAR

CIRCULAR NO. 08/2000/TT-BVHTT OF APRIL 28, 2000 GUIDING THE MANAGEMENT OF ELECTRONIC 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 over culture and information, ensure the autonomy in business operations of enterprises as prescribed by the Enterprise Law, and better meet the growing demand for healthy entertainment activities of the people, the Ministry of Culture and Information issues this Circular to guide the management of electronic games.

Chapter I. GENERAL PROVISIONS

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 and equipment for playing electronic games;

4. Computers and computer networks containing electronic game content.

Article 2

The subjects involved in electronic game activities include:

1. Individual businesses operating electronic game services as stipulated in Decree No. 02/2000/NĐ-CP dated February 3, 2000 of 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. Organizations functioning as public service units with revenue operating electronic game services;

5. Individuals and organizations using electronic games without commercial purposes;

6. Subjects specified in Clause 2 and 3 of this Article also include joint venture contracts and cooperative business agreements with foreign entities.

Article 3

Individuals and organizations using or operating electronic game services are only permitted to use machines or tapes, discs containing healthy entertainment content that contribute to physical development, enhance aesthetic awareness, and improve human understanding.

Article 4

Strictly prohibited are the following acts:

1. Organizing electronic games, producing, importing/exporting machines, equipment, tapes, discs, components for electronic games, or inserting electronic games into computers or computer networks with content:

a/ Contrary to the Socialist Republic of Vietnam;

b/ Inciting violence, dividing ethnic groups and peoples, spreading reactionary thoughts, cultures, immoral lifestyles, criminal behaviors, social evils, superstitious beliefs, and corrupting Vietnamese customs and traditions;

c/ Distorting history, negating revolutionary achievements, defaming national heroes and martyrs; slandering and insulting the reputation of organizations and the dignity and personality of citizens;

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

3. Operating electronic game services within 200 meters from the entrance gates of schools (from kindergarten to secondary level), regardless of their location.

Chapter II. CONDITIONS AND PROCEDURES FOR BUSINESS OPERATIONS

Article 5

Business Conditions.

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

1. The premises must be legally owned or used by them, ensuring hygiene, ventilation in summer, warmth in winter, and not obstructing traffic safety;

2. Equipment must be aesthetically pleasing and meet technical standards: clear sound, beautiful colors, and sharp images;

3. Individuals must comply with the provisions of Clauses 5 and 6 of Article 9 of the Enterprise Law;

4. Those wishing to enter into joint venture or cooperative business agreements with foreign entities to operate electronic game services must have capital and economic-technical feasibility studies in accordance with laws on foreign investment cooperation.

Article 6

Registration Procedures:

1. Subjects specified in Clause 1 of Article 2 of this Circular shall register their business at the District People's Committee's Business Registration Office;

2. Subjects specified in Clauses 2 and 3 of Article 2 of this Circular shall register their business at the Investment Planning Department's Business Registration Office;

3. For those wishing to engage in joint ventures or cooperative businesses with foreign entities to operate electronic game services (including both specialized electronic game service operators and those operating other industries with additional electronic game services) under the authority of provincial or centrally-administered municipal People's Committees to issue investment permits, they must obtain an assessment document from the Department of Culture and Information. The assessment document from the Department of Culture and Information must simultaneously be sent to the Ministry of Culture and Information (Planning Department) for reporting;

4. For those wishing to engage in joint ventures or cooperative businesses with foreign entities to operate electronic game services (including both specialized electronic game service operators and those operating other industries with additional electronic game services) under the authority of the Ministry of Planning and Investment to issue investment permits, they must obtain an assessment document from the Ministry of Culture and Information;

5. Subjects specified in Clause 4 of Article 2 of this Circular must register and pay taxes locally when conducting business.

Chapter III. ELECTRONIC GAME SERVICE ACTIVITIES

, Clause 1, Clause 2 Article 7a of this Regulation.

After obtaining an investment license or business registration certificate for electronic game services, the permitted entities may commence operations; for joint ventures or businesses collaborating with foreign entities, they must submit a registration document to the local Department of Culture and Information. The registration document must clearly state the investment license number, issuance date, issuing authority, headquarters address, telephone number, location of electronic game business operations, and comply with relevant provisions set forth in this Circular.

Article 8

Organizations and individuals using or operating electronic games shall be responsible for their content and must not violate prohibitions stipulated in Article 4 of this Circular; service sales points may not operate past midnight.

In cases where it is impossible to determine whether content falls under prohibited or non-prohibited categories, individuals or organizations using electronic games must request the local Department of Culture and Information to review and determine, and must pay the review fee. The Department of Culture and Information must mark tapes, discs, components that have been reviewed and approved for distribution.

Article 9

1. The inclusion of electronic game content on computer networks must be authorized by the Ministry of Culture and Information according to current regulations.

2. Entities engaged in the importation of pre-installed electronic game machines, tapes, discs, and components containing electronic game content must obtain permission from the Department of Culture and Information.

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

Chapter IV. REWARDS AND VIOLATION HANDLING

Article 10

1. Electronic game activity subjects violating the provisions of this Circular shall be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation.

2. Individuals who contribute to detecting, reporting violations, or achieving success in managing electronic game services shall be rewarded according to State regulations.

Chapter V. ORGANIZATION AND IMPLEMENTATION

Article 11

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

Article 12

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 13

Provincial People's Committees, municipal people's committees directly under the central government, Directors of the Office of the Ministry, Heads of the Ministry's Inspectorate, Heads of relevant Departments and Bureaus under the Ministry of Culture and Information are responsible for guiding and supervising the implementation of this Circular.