Circular No. 23/2013/TT-BTTTT stipulates the management of public Internet access points and public gaming service provision points.

CIRCULAR

Regulations on managing public internet access points and public electronic game service provision points

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Pursuant to the Law on Telecommunications dated November 23, 2009;

Pursuant to Decree No. 25/2011/NĐ-CP dated April 6, 2011, issued by the Government, detailing and guiding the implementation of certain provisions of the Law on Telecommunications;

Pursuant to Decree No. 72/2013/NĐ-CP dated July 15, 2013 of the Government on managing, providing, and using Internet services and information on networks;

Based on Decree No. 132/2013/ND-CP dated October 16, 2013 of the Government on the functions, tasks, powers, and organizational structure of the Ministry of Information and Communications;

At the proposal of the Director of the Telecommunications Administration,

The Minister of Information and Communications shall issue a Circular to regulate the management of public internet access points and public electronic game service provision points.

Article 1. Scope of Regulation

This Circular regulates the management of public internet access points and public electronic game service provision points.

Article 2. Applicability

This Circular applies to owners of public internet access points; owners of public electronic game service provision points; Provincial Departments of Information and Communications; District People's Committees; and other relevant organizations and individuals.

Article 3. Explanation of Terms

In this Circular, the following terms are understood as follows:

1. The issuing authority for certificates is the Provincial Department of Information and Communications or the District People's Committee assigned by the Provincial People's Committee to be responsible for issuing, amending, supplementing, renewing, reissuing, and revoking certificates for public electronic game service provision points that meet operational conditions.

2. The direct manager of a public electronic game service provision point is an individual representing the organization or enterprise directly managing such public electronic game service provision points.

Article 4. Public electronic game service provision point

A public electronic game service provision point includes:

1. Public internet access points providing electronic game services: Internet agents; public internet access points of Internet service providers; public internet access points at hotels, restaurants, airports, bus stations, train stations, coffee shops, and other public places with Internet agency contracts signed with Internet service providers.

2. Public electronic game service provision points through computer networks (LAN, WAN) without connecting to the Internet.

Article 5. Conditions for operation, rights, and obligations of public electronic game service provision points

1. The conditions for operating public electronic game service provision points are stipulated in Clause 1 and Clause 2 of Article 35 of Decree No. 72/2013/ND-CP dated July 15, 2013 of the Government on the management, provision, and use of Internet services and information on the network (hereinafter referred to as Decree No. 72/2013/ND-CP). The rights and obligations of the owner of public electronic game service provision points are stipulated in Article 36 of Decree No. 72/2013/ND-CP.

2. The provisions regarding the distance from the location of public electronic game service provision points to school gates at Point b Clause 2 of Article 35 of Decree 72 are applied and understood as follows:

a) Applied to primary schools, junior high schools, senior high schools, multi-grade general education schools, continuing education centers, general education boarding schools, and general education semi-residential schools;

b) Understood as the shortest road length from the main entrance or side entrance of the public electronic game service provision point to the main gate or side gate of the school mentioned in Point a Clause 2 of this Article.

3. The signboard of public electronic game service provision points, in addition to the information specified in Point c Clause 2 of Article 35 of Decree No. 72/2013/ND-CP, must also include the following information:

a) In the case where a public electronic game service provision point is simultaneously an Internet agent, additional information as specified in Point b Clause 1 of Article 9 of Decree No. 72/2013/ND-CP.

b) In the case where a public electronic game service provision point is simultaneously a public internet access point of an enterprise, additional information as specified in Point a Clause 2 of Article 9 of Decree No. 72/2013/ND-CP.

4. Public electronic game service provision points as stipulated in Clause 1 of Article 4 of this Circular must publicly display usage regulations including all information specified in Clause 3 of Article 36 and Point c Clause 1 of Article 9 of Decree No. 72/2013/ND-CP.

5. The People's Committee of provinces and centrally-administered cities shall provide specific guidance on the total area of computer rooms of public electronic game service provision points in different areas within their jurisdiction in accordance with the provisions at Point d Clause 2 of Article 35 of Decree No. 72/2013/ND-CP.

Article 6. Operating hours of public Internet access points and public electronic game service provision points

1. The operating hours of Internet agents and public Internet access points of businesses not providing electronic game services shall comply with the regulations of the People's Committee of the province or centrally-administered city.

2. The operating hours of public Internet access points located at hotels, restaurants, airports, ports, bus stations, coffee shops, and other public places not providing electronic game services shall follow the opening and closing hours of such locations.

3. The operating hours of public electronic game service provision points as stipulated in Article 4 of this Circular shall comply with Clause 8 of Article 36 of Decree 72/2013/NĐ-CP.

Article 7. Certificate of Eligibility for Operating Public Electronic Game Service Provision Points

1. The Certificate of Eligibility for Operating Public Electronic Game Service Provision Points has a validity period of three years.

2. The Certificate of Eligibility for Operating Public Electronic Game Service Provision Points includes the following basic information:

a) The name and specific address of the public electronic game service provision point including: house number, village/street, commune/district/city, district/province/centrally-administered city;

b) Business registration number of the public electronic game service provision point;

c) Full name, identification card number, contact phone number, email address of the owner of the public electronic game service provision point if the owner is an individual; full name, identification card number, contact phone number, email address of the direct manager of the public electronic game service provision point if the owner is an organization or business;

d) Validity period of the certificate;

e) Total area of computer rooms;

f) Rights and obligations of the owner of the public electronic game service provision point.

3. The form of the Certificate of Eligibility for Operating Public Electronic Game Service Provision Points is specified in Form No. 01a/GCN and Form No. 01b/GCN attached to this Circular.

Article 8. Procedures for Issuing the Certificate of Eligibility for Operating Public Electronic Game Service Provision Points

1. Application dossier for issuing the Certificate of Eligibility for Operating Public Electronic Game Service Provision Points

Organizations and individuals applying for issuance of the Certificate of Eligibility for Operating Public Electronic Game Service Provision Points shall submit directly or use postal services one set of application dossier to the issuing authority including:

a) Application form according to Form No. 02a/ĐĐN or Form No. 02b/ĐĐN attached to this Circular;

b) Certified copy of the business registration certificate of the public electronic game service provision point;

c) Certified copy of the identification card of the owner of the public electronic game service provision point if the owner is an individual; certified copy of the identification card of the direct manager of the public electronic game service provision point if the owner is an organization or business.

2. Time limit and processing procedure for the dossier

Within ten working days from the date of receipt of the dossier as stipulated in Clause 1 of this Article, the issuing authority shall examine the dossier, conduct on-site inspection, and issue the Certificate of Eligibility for Operating Public Electronic Game Service Provision Points. In case of refusal, the issuing authority shall notify in writing the organization or individual concerned, specifying the reasons for refusal.

3. For points that have already been issued the Certificate of Eligibility for Operating Public Electronic Game Service Provision Points, at least twenty days before the expiration date of the certificate, the owner wishing to continue operating must complete the procedures for issuing the Certificate of Eligibility for Operating Public Electronic Game Service Provision Points as prescribed in Clauses 1 and 2 of this Article.

Article 9. Amendment and Supplement to the Certificate of Eligibility for Operating Public Electronic Game Service Provision Points

1. During the validity period of the Certificate of Eligibility for Operating Public Electronic Game Service Provision Points, the owner of the public electronic game service provision point must complete the procedures for amending and supplementing the Certificate of Eligibility for Operating Public Electronic Game Service Provision Points already issued in one of the following cases:

a) Change of name of the public electronic game service provision point;

b) Change of owner of the public electronic game service provision point if the owner is an individual or change of the direct manager of the public electronic game service provision point if the owner is an organization or business.

2. Application dossier for amending and supplementing the Certificate of Eligibility for Operating Public Electronic Game Service Provision Points

Organizations and individuals shall submit directly or use postal services one set of application dossier for amending and supplementing the Certificate of Eligibility for Operating Public Electronic Game Service Provision Points to the issuing authority including:

a) Application form for amending and supplementing the contents of the certificate according to Form No. 03a/ĐĐN or Form No. 03b/ĐĐN attached to this Circular;

b) Certified copy of the Certificate of Eligibility for Operating Public Electronic Game Service Provision Points still in effect;

c) Relevant documents related to the changed information (if any).

3. Time limit and processing procedure for the dossier

Within five working days, the issuing authority shall be responsible for examining and issuing the amended and supplemented Certificate of Eligibility for Operating Public Electronic Game Service Provision Points replacing the old certificate. In case of refusal, the issuing authority shall provide a written response, specifying the reasons for refusal.

4. The amended and supplemented Certificate of Eligibility for Operating Public Electronic Game Service Provision Points has the same validity period as the old certificate.

Article 10. Extension and Reissue of Certificate of Eligibility for Operation of Public Electronic Game Service Points

1. Public electronic game service points that have been issued a certificate of eligibility for operation and wish to continue operating according to the contents of the certificate without applying for a new certificate as prescribed in Clause 3, Article 8 of this Circular, at least 20 (twenty) days before the expiration date of the certificate, the point owner shall submit directly or through postal services to the issuing authority one set of application documents for extension of the certificate including:

a) An application for extension in accordance with the form specified in Form No. 04a/ĐĐN or Form No. 4b/ĐĐN attached to this Circular;

b) A certified copy of the identity card of the point owner if the owner is an individual.

2. Within five working days, the issuing authority shall review and issue a decision on extending the certificate of eligibility for operation of public electronic game service points in accordance with Form No. 05/QĐ attached to this Circular. In case of refusal, the issuing authority shall provide a written response specifying the reasons for refusal.

3. The certificate of eligibility for operation of public electronic game service points may be extended once for a maximum period of six months.

4. In case the certificate of eligibility for operation of public electronic game service points is lost, torn, burned, or destroyed in another manner, the public electronic game service point owner must submit directly or through postal services one application for reissuing the certificate in accordance with Form No. 06a/ĐĐN or Form No. 06b/ĐĐN attached to this Circular to the issuing authority. Within five working days, the issuing authority shall reissue the certificate of eligibility for operation of public electronic game service points.

In case of refusal, the issuing authority shall provide a written response specifying the reasons for refusal.

Article 11. Revocation of Certificate of Eligibility for Operation of Public Electronic Game Service Points

1. The public electronic game service point owner shall have their certificate of eligibility for operation revoked in any of the following cases:

a) Engaging in fraudulent behavior or providing false information to obtain the certificate of eligibility for operation of public electronic game service points;

b) Changing the total area of gaming rooms but not meeting the conditions stipulated in Point d, Clause 2, Article 35 of Decree 72/2013/NĐ-CP;

c) Six (six) months after receiving a notification from the issuing authority regarding non-compliance with the distance requirements set forth in Clause 2, Article 5 of this Circular due to the opening of a new location or center as specified in Point a, Clause 2, Article 5 of this Circular or for other objective reasons.

2. In case of revocation pursuant to Point a, Clause 1 of this Article, the public electronic game service point owner may apply for a new certificate one year after the date of revocation if they meet the conditions for obtaining a certificate as prescribed. In cases of revocation under Points b and c, Clause 1 of this Article, the public electronic game service point owner may immediately apply for a new certificate upon meeting the conditions for obtaining a certificate as prescribed.

Article 12. Responsibilities of the Department of Information and Communications

1. To develop and submit to the People's Committee of the province or centrally governed city for promulgation the procedures for reviewing applications, inspecting actual conditions, and issuing, amending, supplementing, renewing, reissuing, and revoking certificates of eligibility for operating public electronic game service points within its jurisdiction.

2. To publicly disclose lists of public electronic game service points that have been issued and revoked certificates of eligibility for operating public electronic game service points within its jurisdiction.

3. To update on the Department of Information and Communications' electronic information website lists of G1 games that have been approved for content and scripts, and lists of G1 games that have had their approval decisions for content and scripts revoked, and to notify the operators of public electronic game service points within its jurisdiction.

4. To take the lead and coordinate with the People's Committees of districts and counties in managing, inspecting, checking, compiling statistics, and reporting on the operation of public Internet access points and public electronic game service points within its jurisdiction.

5. To take the lead and coordinate with the People's Committees of districts and counties and Internet service providers and electronic game service providers to disseminate laws governing Internet and electronic game management within its jurisdiction.

6. Before December 15 each year, to report to the Ministry of Information and Communications (Telecommunications Department) on the contents according to Form No. 07/BC attached to this Circular.

Article 13. Effective Date

This Circular takes effect from February 10, 2014.

Article 14. Transitional Provisions

Within twelve months from the date this Circular takes effect, public Internet access points providing electronic game services currently operating under Decree No. 97/2008/NĐ-CP dated August 28, 2008 of the Government on the management, provision, and use of Internet services and electronic information must convert to comply with the conditions stipulated in this Circular.

Article 15. Implementation Organization

1. The Heads of the Office, Heads of agencies and units under the Ministry, Directors of Departments of Information and Communications, and related organizations and individuals are responsible for implementing this Circular.

2. During implementation, if any difficulties arise, organizations and individuals should reflect them to the Ministry of Information and Communications (Telecommunications Department) for supplementation and amendment to ensure compliance./.