AMENDMENTS TO DECREE NO. 121/2021/ND-CP DATED DECEMBER 27, 2021 ON BUSINESS OF PRIZE-WINNING ELECTRONIC GAMES FOR FOREIGNERS

“3. Altering, erasing, leasing, lending, or transferring the business eligibility certificate, the investment registration certificate, the enterprise registration certificate, or documents issued by competent state authorities permitting the business of prize-winning electronic games.

4. Conducting the business of prize-winning electronic games in the following cases:

a) During the period of revocation of the right to use the certificate of eligibility for conducting the business of prize-winning electronic games for a definite period or suspension of prize-winning electronic game business operations for a definite period in accordance with a decision of a competent state authority;

b) During the period of suspension of business operations in accordance with a decision of a competent state authority.”.

1. At least 15 days before the opening of the prize-winning electronic game business operations, the enterprise shall issue a written notice to the Ministry of Finance of Vietnam, the Department of Finance, the provincial Police, and the provincial tax authority for monitoring and management.

2. The enterprise is permitted to conduct business operations on all days of the year, except for days on which operations are not permitted according to the decision of a competent state authority.

In cases where the enterprise is subject to revocation of the right to use the business eligibility certificate for a definite period, or suspension of prize-winning electronic game business operations for a definite period, or is required by a state authority to suspend business operations, upon receipt of the decision or written request, the enterprise shall immediately cease business operations; at the same time, it shall announce at the business facility the time of suspension and the reason for suspension.

3. The enterprise may suspend business operations at its own discretion for management needs. At least 15 days before the suspension date, the enterprise shall issue written notices to the state authorities specified in Clause 1 of this Article for monitoring and management. The notice must specify the time of business suspension, the reason for suspension, and the expected time for resumption of business operations. In case of any change to the resumption time, the enterprise shall notify these authorities again in writing. The enterprise shall also announce the suspension at the business facility.

4. During the suspension period, the enterprise shall be responsible for monitoring and supervising the entry and exit areas of the business facility using a camera system, as well as storing the camera image data in accordance with Point b Clause 2 Article 5 of this Decree for management, inspection, and examination activities by competent state authorities.”.

“b) A logbook for monitoring and controlling persons permitted to enter and exit the business facility, as prescribed in Clauses 2, 3, and 4 of this Article, must include the following basic contents:

- Electronic card codes (if any);

- Full name and identification photo (if an electronic card is issued);

- Personal identification number, passport, or valid international travel document;

- Position and title of the assigned job at the business facility;

- Working time at the business facility;

- Other information relevant to the control of persons permitted to enter and exit the business facility, as required for the enterprise’s management purposes.”.

“4. Within 30 days, the enterprise shall carry out re-export or destruction of prize-winning electronic gaming machines, tokens, and gaming devices in the following cases:

a) The enterprise voluntarily terminates its business operations, is dissolved, is declared bankrupt by a Court, or has its investment registration certificate, enterprise registration certificate, or business eligibility certificate revoked, or its prize-winning electronic game business operations are terminated;

b) Prize-winning electronic gaming machines, tokens, or gaming devices have reached the end of their lifespan as specified by the manufacturer or are damaged beyond repair or restoration;

c) Prize-winning electronic gaming machines, tokens, or gaming devices are no longer needed;

d) Pursuant to conclusions of inspection or examination authorities or competent state authorities;

dd) Upon expiry of the permitted duration for conducting the business of prize-winning electronic games as stated in the investment registration certificate or the business eligibility certificate, except where procedures for renewal of the certificate of eligibility for conducting the business of prize-winning electronic games are being carried out.”.

1. Amendments to the title of Article 15:

2. Addition of Clause 3:

“3. Regulations on dispute settlement at the business facility

a) The enterprise shall develop dispute settlement regulations to handle disputes between players and the enterprise arising during participation in prize-winning electronic games at the business facility. Such regulations must include the following basic contents:

- Principles for dispute settlement;

- Cases subject to dispute settlement under the regulations;

- Responsibilities of players and the enterprise in reporting and reflecting cases where games are considered not to comply with the game rules, and requesting settlement;

- Conditions regarding the status quo for complaints to be considered and handled;

- Procedures for dispute settlement between players and the enterprise, including: complaint dossiers, complaint-receiving units, time limits for handling disputes, and authority to settle disputes;

- Rights, obligations, and responsibilities of players and the enterprise.

b) The enterprise shall publicly post the dispute settlement regulations at the business facility or distribute leaflets to players.

c) Where the enterprise and the player do not conduct mediation or do not agree with the dispute settlement outcome, either party has the right to initiate court proceedings or choose arbitration in accordance with the law.”.

“1. Enterprises shall develop and issue internal regulations on anti-money laundering, counter-terrorism financing, and counter-proliferation financing of weapons of mass destruction (hereinafter referred to as “internal regulations on anti-money laundering”) in accordance with the laws on anti-money laundering, counter-terrorism, counter-proliferation of weapons of mass destruction, and relevant amending, supplementing, and guiding documents.”.

1. Amendments to Point dd:

“dd) To settle disputes and complaints of players in accordance with the game rules, the dispute settlement regulations, and the law;”.

2. Amendments to Point g:

“g) To implement measures for anti-money laundering, counter-terrorism financing, and counter-proliferation financing of weapons of mass destruction in accordance with the law;”.

“1. Conditions and standards for managers and operators of the business facility:

a) Having full legal capacity; not being subject to criminal prosecution, not serving a custodial sentence, and not being prohibited by a Court from holding positions or practicing in the field of prize-winning electronic games;

b) Holding at least a bachelor’s degree and having at least 3 years of experience in managing and operating the business of prize-winning electronic games.”.

1. Amendments to Point a:

“a) Ensuring that the enterprise has tourist accommodation establishments, including hotels (excluding floating hotels), tourist villas, and tourist apartments that have been rated 5 stars by a competent state authority in accordance with the Law on Tourism, as well as its guiding documents;”.

2. Amendments to Point d:

“d) Having both charter capital and equity of at least VND 500 billion; in case the enterprise applies for certificates of eligibility for conducting business at multiple tourist accommodation establishments, it must ensure that for each additional business eligibility certificate, both charter capital and equity are increased by VND 500 billion from the minimum level. In the financial year immediately preceding the year of submission of the dossier for a business eligibility certificate, the enterprise must be profitable.”.

“8. Draft game rules, internal management regulations, internal control regulations, dispute settlement regulations, and internal regulations on anti-money laundering.

9. Business plan, including key contents: objectives; quantity, categories, and types of prize-winning electronic games; measures to ensure security, order, and social safety at the business facility; and implementation plan.

10. List and brief resume of qualifications and working experience, together with certified copies or copies presented with originals for comparison of documents proving that the manager/operator of the business facility satisfies the conditions and standards prescribed in Clause 1 Article 19 of this Decree.”.

1. An enterprise shall submit a dossier for a business eligibility certificate to the Ministry of Finance of Vietnam by one of the following methods:

a) In person at the Ministry of Finance of Vietnam;

b) By post;

c) Via the Ministry of Finance of Vietnam’s administrative procedure information system.

Where the dossier is incomplete or invalid, within 10 working days from the date of receipt, the Ministry of Finance of Vietnam shall issue a written notice requesting the enterprise to supplement and complete the dossier.

2. Within 90 days from the date of receipt of a complete and valid dossier, the Ministry of Finance of Vietnam shall consider granting the business eligibility certificate. In case of refusal, the Ministry of Finance of Vietnam shall provide a written response, specifying the reasons.

3. Appraisal procedures:

a) Within 10 working days from the date of receipt of a complete and valid dossier, the Ministry of Finance of Vietnam shall send the dossier to relevant authorities to solicit opinions, including the Ministry of Public Security of Vietnam, the Ministry of Culture, Sports and Tourism of Vietnam, the State Bank of Vietnam, and the People’s Committee of the province or city (hereinafter referred to as the “provincial People’s Committee”) where the enterprise proposes to conduct the business of prize-winning electronic games;

b) Within 10 working days from the date of receipt of the request of the Ministry of Finance of Vietnam, the receiving authorities shall provide written responses and take responsibility for their opinions;

c) After receiving all opinions from relevant authorities, the Ministry of Finance of Vietnam shall consolidate and consider whether to grant or refuse to grant the certificate;

d) After being granted the business eligibility certificate by the Ministry of Finance of Vietnam, the enterprise shall carry out procedures for amending and supplementing its business lines relating to prize-winning electronic games in the certificate of satisfaction of security and order conditions and notify the business registration authority of such changes in the national enterprise registration database in accordance with the law before commencing business operations.

4. Appraisal contents

Based on this Decree and other relevant laws, the Ministry of Finance of Vietnam and relevant authorities shall appraise the dossier in accordance with the conditions prescribed in Article 20 of this Decree.”.

1. Amendments to Point b Clause 1: 

“b) After it is reorganized (division, separation, merger, consolidation, or conversion of enterprise type) in accordance with the Law on Enterprises and fully satisfies the business conditions prescribed in Points a, b, and c Clause 3 Article 20 of this Decree, and has charter capital and equity satisfying the requirements prescribed in Point d Clause 3 Article 20 of this Decree. Within 15 days from the date of completion of the reorganization procedures, the enterprise shall carry out procedures for re-granting the business eligibility certificate.”.

2. Amendments to Point b Clause 2: 

“b) The enterprise shall submit 1 dossier requesting the re-granting of the business eligibility certificate in accordance with Clause 1 Article 22 of this Decree. Within 10 working days from the date of receipt of the enterprise’s application, the Ministry of Finance of Vietnam shall re-grant the business eligibility certificate to the enterprise.”.

1. Within 6 months before the business eligibility certificate expires, where the enterprise wishes to continue conducting the business of prize-winning electronic games, it shall carry out procedures for renewal of the certificate.

2. Conditions for the renewal of the certificate include:

a) Fully satisfying the business conditions prescribed in Points a, b, and c Clause 3 Article 20 of this Decree;

b) Having charter capital and equity satisfying the requirements prescribed in Point d Clause 3 Article 20 of this Decree;

c) Ensuring that the enterprise has not been administratively sanctioned in the form of revocation of the right to use the business eligibility certificate or suspension of business operations of prize-winning electronic games for 2 times or more in accordance with the law on penalties for administrative violations within 10 years before the time of submission of the dossier for renewal.

3. The dossier for the renewal of the business eligibility certificate includes:

a) An application for renewal of the business eligibility certificate according to Form No. 03 in Appendix II issued together with this Decree;

b) The documents prescribed in Clauses 3, 4, 5, 6, and 10 Article 21 of this Decree;

c) The business plan, including the following principal contents:

- Situation of the business of prize-winning electronic games in the last 3 years up to the time of submission of the dossier for renewal, including information on the business facility; quantity, categories, and types of machines and games actually operated; business results (revenue, expenses, profit, and payments to the state budget);

- Proposed business plan for the upcoming period, including quantity, categories, and types of prize-winning electronic gaming machines and games; projected business results (revenue, expenses, profit, and payments to the state budget); measures to ensure security, order, and social safety at the business facility; proposed renewal period; implementation plan;

- Compliance status with the law on the business of prize-winning electronic games and the enterprise’s commitment to comply with relevant laws.

4. Procedures for renewing the business eligibility certificate shall comply with Clauses 1, 2, and 3 Article 22 of this Decree.

5. Appraisal contents

Based on this Decree and other relevant laws, the Ministry of Finance of Vietnam shall take charge and cooperate with the relevant authorities specified in Clause 3 Article 22 of this Decree in appraising the dossier in accordance with the conditions prescribed in Clause 2 of this Article to consider granting the renewed business eligibility certificate to the enterprise, specifying the renewal instances.

6. The renewal period shall be based on the enterprise’s request, but must not exceed the duration of the investment registration certificate or the enterprise registration certificate, and must not exceed 10 years from the date the business eligibility certificate is renewed.”.

1. Amendments to Points d and dd Clause 1

“d) It fails to satisfy all business conditions for prize-winning electronic games prescribed in Point a Clause 2 Article 40 of this Decree, as concluded by inspection or examination authorities;

dd) It has committed serious violations of regulations on the organization of the business operations of prize-winning electronic games, as concluded by inspection or examination authorities;”.

2. Addition of Point h Clause 1:

“h) It allows persons not prescribed in Article 9 of this Decree to play prize-winning electronic games.”.

3. Amendments to Clause 3:

“3. The Ministry of Finance of Vietnam shall issue a decision to revoke the business eligibility certificate in the cases prescribed in Points a, d, dd, e, g, and h Clause 1 of this Article.”.

“3. Within 45 days from the date of receipt of a complete dossier as prescribed, the State Bank of Vietnam shall consider granting the license according to Form No. 05 in Appendix II issued together with this Decree. In case of refusal, the State Bank of Vietnam shall provide a written response, specifying the reasons.

In case the dossier is incomplete or invalid, within 10 working days from the date of receipt, the State Bank of Vietnam shall issue a written request for the enterprise to supplement the dossier.”.

“1. Enterprises shall publicly disclose in full the game rules and the dispute settlement regulations at business facilities.”.

1. Amendments to Point b Clause 1: 

“c) Conducting specialized inspection and handling violations of law related to business operations of prize-winning electronic games in accordance with this Decree and the law on penalties for administrative violations in the field of prize-winning games;”.

2. Addition of Point d Clause 4:

“d) Direct enterprises providing online social network services to proactively prevent and refrain from providing prize-winning electronic games via online social networks.”.

3. Amendments to Clause 5:

“5. Ministry of Science and Technology of Vietnam shall:

a) Direct enterprises providing internet services, network infrastructure services, and telecommunications services to proactively prevent and refrain from providing prize-winning electronic games via computer networks, telecommunications networks, and the internet;

b) Cooperate with the Ministry of Public Security of Vietnam and relevant ministries and central authorities in preventing the provision of gambling services via computer networks, telecommunications networks, and the internet from overseas into Vietnam.”.

4. Amendments to Points b and c Clause 8:

“b) Assume responsibility for the management, supervision, specialized inspection, and examination to ensure that local business operations of prize-winning electronic games fully comply with this Decree and relevant laws;

c) Direct relevant agencies under their management to implement the management, supervision, specialized inspection, and examination of the local business operations of prize-winning electronic games to ensure regular and continuous implementation.”.

1. Specialized inspection and examination activities by state authorities shall be conducted on a periodic or ad hoc basis. Ad hoc specialized inspections and examinations shall only be conducted when there are indications that an enterprise has violated the law, upon request for settlement of complaints or denunciations, for anti-corruption purposes, or upon assignment or request by the head of a competent state authority.

2. The Ministry of Finance of Vietnam shall take charge and cooperate with the Ministry of Public Security of Vietnam, the Ministry of Culture, Sports and Tourism of Vietnam, relevant ministries and central authorities, and the provincial People’s Committee where the enterprise conducts business operations in carrying out periodic specialized inspections once every 3 years. The inspection contents include:

a) Inspection of compliance with the conditions for granting of the business eligibility certificate as prescribed in Points a, b, and c Clause 3 Article 20 of this Decree.

For enterprises specified in Clause 1 Article 42 of this Decree, the inspection shall cover compliance with the conditions for conducting the business of prize-winning electronic games as licensed by competent state authorities in accordance with the law.

b) Inspection of compliance with regulations on organization of the business operations of prize-winning electronic games, including the following principal contents:

- Management of prize-winning electronic gaming machines, gaming devices, and tokens;

- Management of persons permitted to play and persons permitted to enter and exit the business facility;

- Compliance with internal management regulations, internal control regulations, financial regulations, and the game rules;

- Foreign exchange management and compliance with internal regulations on anti-money laundering;

- Compliance with the laws on finance, accounting, and obligations to make payments to the state budget.

3. The provincial People’s Committee and provincial Police shall decide to conduct ad hoc specialized inspections when detecting signs of violations relating to persons permitted to play or the assurance of security, order, and social safety, or upon receipt of crime denunciations related to the enterprise, and other violations related to business operations of prize-winning electronic games, and shall send inspection results to the Ministry of Finance of Vietnam and relevant state authorities within 30 days from the date of completion of the inspection.

4. Specialized inspection of the enterprise’s compliance with tax obligations shall be conducted in accordance with the law on taxation.

5. Within 12 months from the date the enterprise commences the business operations of prize-winning electronic games in accordance with Clause 1 Article 6 of this Decree, the provincial People’s Committee shall conduct specialized inspection in accordance with the contents prescribed in Clause 2 of this Article and send the inspection results to the Ministry of Finance of Vietnam for monitoring and management.

6. Inspection of the business operations of prize-winning electronic games shall be conducted in accordance with the law on inspection.”.

“3. Request the enterprise to temporarily suspend part or all of its business operations of prize-winning electronic games at the business facility in cases where the competent state authority has sufficient grounds to believe that the enterprise is committing serious violations of the law, and notify, in writing, the authority granting the business eligibility certificate and relevant competent state authorities for handling in accordance with the law.”.

1. Any enterprise that has been granted an investment registration certificate or an enterprise registration certificate, which include the business operations of prize-winning electronic games, or that has been granted written approval by a competent state authority permitting the business of prize-winning electronic games before the effective date of Decree No. 86/2013/ND-CP may continue conducting the business of prize-winning electronic games in accordance with the granted investment registration certificate, enterprise registration certificate, or such written approval.

2. Where enterprises specified in Clause 1 of this Article have demand, they shall carry out procedures for the granting of the business eligibility certificate as follows:

a) The dossier for the granting of the business eligibility certificate includes:

- Written approval by a competent state authority permitting the business of prize-winning electronic games (if any);

- Documents proving the quantity, categories, and types of prize-winning electronic gaming machines actually operated by the enterprise in accordance with the law before the effective date of Decree No. 86/2013/ND-CP, or written permission of a competent state authority (if any);

- The documents prescribed in Clauses 1, 3, 4, 5, 8, 9, and 10 Article 21 of this Decree. For enterprises without tourist accommodation establishments, documents prescribed in Clauses 3 and 4 Article 21 of this Decree are not required.

b) The enterprise shall submit the dossier for the business eligibility certificate to the Ministry of Finance of Vietnam. Within 30 days from the date of receipt of a complete and valid dossier, the Ministry of Finance of Vietnam shall grant the business eligibility certificate to the enterprise, in which:

- The quantity, categories, and types of prize-winning electronic gaming machines permitted for operation shall be determined based on the investment registration certificate, enterprise registration certificate, or written approval from a competent state authority, or based on the actual quantity, categories, and types of prize-winning electronic gaming machines operated by the enterprise in accordance with the law before the effective date of Decree No. 86/2013/ND-CP. In the case of discrepancies in the quantity of prize-winning electronic gaming machines, the enterprise shall be permitted to operate based on the highest number.

For enterprises that have not yet commenced the business operations of prize-winning electronic games, the quantity of prize-winning electronic gaming machines permitted shall be determined based on the investment registration certificate, enterprise registration certificate, or written approval from a competent state authority.  Where such documents do not specify the quantity of machines, the enterprise shall be permitted to operate in accordance with the quantity prescribed in Clause 1 Article 7 of this Decree.

- The validity period of the business eligibility certificate shall not exceed the remaining operational duration specified in the investment registration certificate, enterprise registration certificate, or written approval from a competent state authority. Where such documents do not specify the business duration, the validity period shall be determined in accordance with Article 23 of this Decree.

3. Upon expiry of the business period for prize-winning electronic games of enterprises specified in Clause 1 of this Article, such enterprises shall terminate their business operations of prize-winning electronic games. Where there is a demand to obtain the business eligibility certificate, the enterprise shall satisfy the conditions prescribed in Article 20 of this Decree, and not have been subject to revocation of the right to use the business eligibility certificate or suspension of business operations of prize-winning electronic games for 2 times or more within 10 years before the time of submission of the dossier for granting of the business eligibility certificate. Dossiers and procedures shall comply with Article 22 of this Decree.

4. During business operation, enterprises specified in Clause 1 of this Article shall have their business of prize-winning electronic games terminated upon the occurrence of one of the following cases:

a) Serious violations of regulations on the organization of business operations of prize-winning electronic games, as concluded by inspection or examination authorities;

b) Within 90 days from the date the Ministry of Finance of Vietnam issues a written notice of violations relating to the business facility and the managers/operators as prescribed in Articles 5 and 19 of this Decree, the enterprise fails to remedy such violations;

c) The enterprise allows persons not prescribed in Article 9 of this Decree to play prize-winning electronic games.

The Ministry of Finance of Vietnam shall issue a decision to terminate the business of prize-winning electronic games. The enterprise shall immediately cease such business operations at the time of termination.”.

1. Replace the phrase “Cục Thuế địa phương” (local Tax Department) with the phrase “cơ quan thuế cấp tỉnh” (provincial tax authority) in Clause 3 and Clause 4 Article 7; Clause 1, Clause 3, and Clause 4 Article 8; Clause 2 and Clause 3 Article 12; Clause 5 Article 14; Point b Clause 2 Article 15; Clause 2 Article 16.

2. Annul Point c and Point d Clause 2 Article 5; Clause 1 and Clause 2 Article 20; Clause 2 and Clause 7 Article 21; the second indent of Point a Clause 2 and the second indent of Clause 3 Article 24; Point b Clause 2 Article 25; Point b Clause 1 Article 29; the second indent of Point b Clause 1 Article 30; the second indent of Point a Clause 2 Article 32; Clause 2 Article 39.

1. This Decree comes into force as of May 15, 2026.  

2. Ministers, Directors of ministerial agencies, Directors of governmental agencies, Presidents of People’s Committees of provinces and centrally affiliated cities, and relevant organizations and individuals shall implement this Decree.