JOINT CIRCULAR No. 60/2006/TTLT-BVHTT-BBCVT-BCA ON THE MANAGEMENT OF ONLINE GAMES

JOINT CIRCULAR

Regarding the Management of Online Games (ONLINE GAMES)

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BASED on Decree No. 55/2001/NĐ-CP dated August 23, 2001 of the Government on management, provision, and use of Internet services;

BASED on Decree No. 90/2002/NĐ-CP dated November 11, 2002 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Posts and Telecommunications;

BASED on Decree No. 63/2003/NĐ-CP dated June 11, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Culture and Information;

BASED on Decree No. 136/2003/NĐ-CP dated November 14, 2003 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Public Security;

The Ministry of Culture and Information, Posts and Telecommunications, and Public Security hereby issue unified guidelines for the management of online games as follows:

Chapter 1:

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

This Circular regulates the production, provision, and use of online game services in Vietnam.

The subjects to which this Circular applies include enterprises and individuals producing online games, enterprises providing online game services, enterprises providing Internet access services (ISPs), Internet agents, and users of online game services.

Article 2. Interpretation of Terms

1. Online Game: An online game on the Internet that involves interaction between players and the server system of the enterprise providing online game services, as well as between players themselves.

The online games referred to in this Circular are multiplayer online games (MMOG - Massively Multiplayer Online Games), including role-playing games (MMORPG - Massively Multiplayer Online Role-Playing Games) and casual games.

2. Enterprise Providing Online Game Services: An enterprise that deploys equipment systems and directly provides online game services.

Article 3. Prohibited Acts

1. Importing, producing, and providing online game services containing the following contents:

a. Inciting the people against the Socialist Republic of Vietnam, undermining the unity of the entire people;

b. Inciting violence, promoting war of aggression, causing hatred among ethnic groups and peoples of different countries, inciting obscenity, depravity, and crime;

c. Disclosing state secrets, military secrets, security secrets, economic secrets, foreign affairs secrets, and other secrets prescribed by law;

d. Providing false information, distorting facts, slandering, and insulting the reputation of organizations, the honor, and dignity of citizens.

2. Providing online game services or acting as an agent to provide such services in Vietnam without permission from competent state management agencies.

3. Advertising or introducing online games not permitted for circulation in Vietnam.

Article 4. Production and Processing of Online Games

Enterprises and individuals producing games must ensure conditions and comply with legal regulations on software production. The State encourages and supports research and production activities of domestic enterprises and individuals in online games. Priority is given to the release of domestically produced online game products with content suitable to the history and cultural traditions of the nation.

Chapter 2:

PROVISION OF ONLINE GAMING SERVICES

Article 5. Conditions for Providing Online Gaming Services

A business entity shall be allowed to provide online gaming services if it meets the following conditions:

1. A Vietnamese business entity belonging to any economic sector that has registered to operate online gaming services or electronic games (not operating at its headquarters) in accordance with the provisions of the law. For foreign businesses and businesses with foreign investment capital, the review of conditions to provide online gaming services in Vietnam shall be based on the Investment Law and relevant international treaties related to cultural and internet services that Vietnam has signed or joined.

2. Having a document from the Ministry of Culture, Sports and Tourism agreeing on the content and script of each game;

3. Having a confirmation document from the Ministry of Posts and Telecommunications based on consensus with the Ministry of Public Security regarding the technical and operational conditions of the business entity providing online gaming services to ensure information security, service quality, and legitimate rights of service users.

Article 6. Documents and Review Process for Game Content and Script

1. Application Documents for Content and Script Review

The application documents for review shall be submitted to the Ministry of Culture, Sports and Tourism, including:

a. The business entity's application form.

b. A certified copy of the Business Registration Certificate of the business entity, which includes the type of online gaming service or electronic games (not operating at headquarters).

c. Information about the game, including:

- Name of the online game;

- Origin of the game (clearly indicating whether it is imported or produced domestically);

- Copyright certificate of the game software owned by the business entity and a document agreeing to the business entity's release of the game in Vietnam;

- Type of game (role-playing online game or regular online game);

- Summary of main contents and scripts of the game;

- Languages used in the game;

- Other necessary information.

2. Process for Assessing Game Content and Script

The Ministry of Culture, Sports and Tourism is the agency responsible for receiving application documents and approving the content and script of online games.

Within fifteen working days from the date of receipt of a valid application, the Ministry of Culture, Sports and Tourism shall issue a document stating its agreement or disagreement with the content and script of the game, along with the reasons.

Article 7. Technical and Operational Conditions and Review Process

1. Technical and Operational Conditions

a. Having a system of servers providing online gaming services located in Vietnam, which can be placed at the business entity's headquarters or rented from an Internet Service Provider (ISP). In the case where the business entity places servers at its headquarters, the entity must not establish its own transmission lines to connect the server system to ISPs, Internet Exchange Points (IXPs), and end-users but must lease telecommunications transmission lines from licensed telecommunication enterprises.

b. Having plans to ensure service quality and emergency measures to ensure safety in case of incidents.

c. Having premises, equipment, and technical and operational plans to ensure network safety and information security according to the regulations of the Ministry of Public Security.

d. Having technical and operational measures to manage playing hours installed on servers. Accordingly, each account will earn 100% of points for the first 180 minutes, 50% of points from minute 181 to 300, and no points thereafter.

đ. Having technical and operational measures to manage information about service users.

2. Process for Assessing Technical and Operational Conditions

After completing the deployment of equipment systems and technical and operational plans, the business entity must submit a report to the Ministry of Posts and Telecommunications. Within fifteen working days from the date of receipt of the report, the Ministry of Posts and Telecommunications, in coordination with the Ministry of Public Security, will conduct an on-site inspection of the business entity's deployment. If the business entity meets all the conditions for providing services stipulated in Clause 1 of this Article, the Ministry of Posts and Telecommunications will issue a confirmation document verifying the fulfillment of technical and operational conditions. If the application is rejected, the Ministry of Posts and Telecommunications will issue a document explaining the reasons for the rejection so that the business entity can supplement and rectify deficiencies.

Article 8. Conditions for Providing New Games

1. There must be a written agreement from the Ministry of Culture, Sports and Tourism regarding the content and script of the new game.

2. At least fifteen working days before the planned date to provide additional new games, the enterprise must report to the Ministry of Information and Communications on the current status of providing online gaming services (existing games being provided, network equipment systems, issues related to quality, customer service, information security), and technical and operational plans when providing new online games.

In cases where there are changes to the technical and operational plans compared to the current status reported to competent state management agencies when providing additional new games, the Ministry of Information and Communications will review and issue a written response within fifteen working days from the date of receipt of the enterprise's report. If the Ministry of Information and Communications does not issue a written response beyond this period, the enterprise has the right to provide the reported game.

Chapter 3:

 LIABILITY OF ORGANIZATIONS AND INDIVIDUALS PROVIDING AND USING ONLINE GAMING SERVICES

Article 9. Responsibilities of Enterprises Providing Online Gaming Services

1. Adhere to regulations set by competent state management agencies;

2. Develop management regulations for online gaming activities with the purpose of:

a. Requiring users to provide personal information such as name, address, identification number, and other factors necessary to identify the user;

b. Advising users about potential unintended impacts such as physical and mental effects from excessive play, and rights over assets generated within the game.

These regulations must also be submitted to the Ministries of Culture, Sports and Tourism, Information and Communications, and Public Security.

3. The enterprise is responsible for retaining user information and providing it to competent state management agencies upon request.

4. Enterprises providing online gaming services must register to establish an electronic bulletin board and manage information on the bulletin board and information exchanged by users in the game forum in accordance with current laws.

The homepage of the game must provide the following information:

- Rules of the game;

- Management regulations for online gaming activities and regulations ensuring fairness in the game;

5. Implement appropriate measures to ensure legitimate rights of users and resolve disputes between users; bear responsibility towards users for service quality, information security, and charges.

Enterprises providing online gaming services shall not create valuable assets within the game for commercial purposes and shall not alter information about player assets.

6. Report to the Ministries of Culture, Sports and Tourism, Information and Communications, and Public Security every six months and at any time when required.

7. Be subject to inspection and supervision by competent state management agencies in accordance with current laws.

8. In case of intent to cease providing online gaming services, enterprises providing online gaming services must report in writing to the Ministry of Culture, Sports and Tourism, the Ministry of Information and Communications, and the Ministry of Public Security; announce on the game’s homepage at least three months prior to the cessation date and must ensure the rights of users.

Article 10. Responsibilities of Internet Service Providers (ISPs)

Ensure service quality standards when providing online gaming services to online game providers through leased channels and internet connections, and during network congestion.

Article 11. Responsibilities of Internet Agents

1. Strictly comply with regulations on users stipulated in Circular Joint No. 02/2005/TTLT-BCVT-VHTT-CA-KHDT dated July 14, 2005, issued by the Ministries of Posts and Telecommunications, Culture and Information, Public Security, and Planning and Investment regarding Internet agent management.

2. Only provide online gaming services at Internet agent business locations from 6:00 AM to 11:00 PM daily.

3. Only provide online gaming services at locations at least 200 meters away from school entrances (from kindergarten to high school), regardless of the location of the schools.

Chapter 4:

INSPECTION, AUDIT, AND VIOLATION HANDLING

Article 13. Inspection and Audit

Specialized inspection agencies under the Ministry of Culture and Information, Posts and Telecommunications shall be responsible for inspecting and auditing online gaming production, provision, and usage activities as specified in Article 1 of this Circular within their respective areas of state management.

Online gaming producers, providers, Internet agents, and online gaming service users who violate online gaming management regulations will be subject to administrative penalties or criminal prosecution according to the law, depending on the nature and severity of the violation.

Chapter 5:

1. Ministry of Culture and Information:

a. Direct and guide online gaming service providers to ensure compliance with state regulations on management and information provision in online games.

Article 14. Handling Violations

b. Coordinate with relevant state agencies to direct and guide mass media organizations in disseminating information about online gaming activities and state management of this service type.

c. Inspect, audit, and handle violations in areas under the Ministry of Culture and Information's state management authority concerning online gaming management.

IMPLEMENTATION

Article 15. Responsibilities of Ministries and Sectors

2. Ministry of Posts and Telecommunications:

a. Direct Internet service providers to develop plans and measures to ensure transmission quality and internet access service standards.

b. Direct provincial Posts and Telecommunications Departments to lead and coordinate with related units to strengthen inspections of Internet agent operations.

c. Inspect, audit, and handle violations in areas under the Ministry of Posts and Telecommunications' state management authority concerning online gaming management.

a. Direct and implement preventive and combat measures against crimes arising from online gaming activities.

b. Direct relevant units, public security departments of provinces and centrally-administered cities to cooperate with specialized postal and telecommunications inspectors and cultural and information inspectors to carry out inspections, audits, and handling of violations in online gaming service provision and operation according to current laws.

4. People's Committees of Provinces and Centrally-Administered Cities:

a. Direct all levels of government to manage, inspect, and audit the operations of online gaming producers, providers, and Internet agents.

3. Ministry of Public Security:

Develop specific plans and measures to exchange information, share experiences, and address issues related to online gaming management and violation handling; educate and guide the public to strictly comply with legal regulations, combining family and school efforts in managing and educating young people participating in online gaming.

b. Direct provincial Posts and Telecommunications, Culture and Information, and Public Security Departments to organize regular and spot inspections of online gaming producers, providers, and Internet agents operating within their jurisdictions and handle violations according to their assigned tasks and powers as defined by law.

c. Coordinate with ministries and ministerial-level agencies to manage the operations of online gaming service providers and Internet agents operating in their jurisdictions.

a. Direct the各级政府进行管理、监督和检查在线游戏服务的生产和提供活动，以及提供在线游戏服务的互联网代理。

制定具体计划和方案，以配合信息交流、经验分享及相关管理工作中的问题处理；宣传、教育并指导各阶层人民严格遵守法律规定；结合家庭和学校在未成年人参与在线游戏时的管理和教育工作。

b. 指导邮政、电信、文化与信息、公安部门定期和不定期地对辖区内生产和提供在线游戏服务的企业和个人，以及提供在线游戏服务的互联网代理进行监督检查，并根据法律规定权限处理违规行为。

协同各部和相当于部级的机构执行对本地在线游戏服务提供商和互联网代理提供在线游戏服务活动的管理工作。

Chapter 6:

IMPLEMENTATION PROVISIONS

Article 16This Circular shall take effect fifteen days after its publication in the Official Gazette.

The Ministry of Culture, Sports and Tourism, the Ministry of Posts and Telecommunications, and the Ministry of Public Security shall guide agencies, organizations, and individuals within their respective duties and authorities to implement the provisions of this Circular.

In the course of implementation, if there are any difficulties, agencies, organizations, and individuals shall report them to the Ministry of Culture, Sports and Tourism, the Ministry of Posts and Telecommunications, and the Ministry of Public Security for guidance on resolution.