MINISTRY OF INFORMATION AND
COMMUNICATIONS
SOCIALIST REPUBLIC OF VIETNAM
Independence – Freedom - Happiness
No: 24 /2014/TT-BTTTT
Ha Noi, December 29th, 2014
CIRCULAR
Detailing management, provision
and use of online gaming services
Pursuant to Decree No. 72/2013/NĐ-CP dated July 15, 2013 by the
Government on management, provision and use of Internet and online
information;
Pursuant to Decree No. 132/2013/NĐ-CP dated October 16, 2013 by the
Government defining the functions, tasks, power and organizational structure of
the Ministry of Information and Communications;
At the request of Director of Department of Broadcasting, television and
Electronic information control,
The Minister of Information and Communications promulgates the
Decree providing the guidance on a numbers of articles of the Decree
No. 72/2013/NĐ-CP dated July 15, 2013 by the Government on management,
provision and use of Internet and online information for online games.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. This Circular details management, provision and use of online gaming
services (hereinafter referred to as online games).
2. This Circular is applicable to organizations, enterprises, individuals
participating in management, provision and use of online gaming services
Article 2. Interpretation of terms
1. A service of payment support in online games: means all activities
supporting online gaming enterprises in collecting money from players,
including intermediary payment service, payment service via banks and other
payment modes in accordance with the law.
2. Virtual unit: means a tool converted by online gaming enterprises used
in exchange, sale of virtual items, bonus points, skills in online games.
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Article 3. Detailing violations in online gaming provision at Article 5
decree No. 72/2013/NĐ-CP
1. Import, manufacture, supply, advertise, use online gaming services with
the content:
a) Cruel, awful pictures, sounds, acts of murders, torture; stimulate
violence, concupiscence; acts of breaking, separating parts of the body; bloody,
terrific pictures; sexy, vulgar, immoral, pictures, sounds, acts and those against
moral, cultural tradition, habits and customs of the country; distort, destroy
historical tradition, offense sovereignty and territorial integrity;
b) Pictures, sounds describe acts, stimulate suicide, use of drug, alcohol,
cigarettes; acts abuse, injure, exchange women, children;
c) Other violations defined at Item 1 Article 5 decree No. 72/2013/NĐCP.
2. Advertise, introduce, supply online gaming services to those without
approval of content, screenplay, not notice online gaming provision as defined at
Item 2, 3 Article 31 Decree No. 72/2013/NĐ-CP.
3. Exploit the provision, use of online games to gamble, hold gamble,
defraud, do illegal business or violate other unlawful acts.
Article 4. Classification of online games in age of players
1. Online games are classified in the following ages:
a) Online games for adults (from 18 years of age and more, signed 18+)
are ones that have antagonistic acts with weapons; without sexy acts, pictures
and sounds;
b) Online games for teenager (from 12 years of age and more, signed 12+)
are ones that have antagonistic acts with weapons in which weapon’s pictures
are not clearly watched a close-up; limited impact sounds of weapons upon
fighting; without sexy acts, pictures, sounds and characters showing a lot of
cleavage filmed a close-up focusing on sensitive parts of the body;
c) Online games for all ages (signed 00+) are ones that emulate animated
form; without antagonistic acts with weapons; ghostly, horrible, violent pictures
and sounds; sexy acts, pictures, sounds and characters showing a lot of cleavage
filmed a close-up focusing on sensitive parts of the body;
2. Responsibility of online gaming enterprises in classification of online
games in age of players:
a) Self-classify online games in age of players defined at Item 1 of this
Article;
b) Note the result of the classification of online games in age of players in
the document proposing an approval of the content, screenplay of online games G1,
in the document noticing a provision of online games G2, G3 and G4. Classifying
online games in age of players is one of the evaluated contents in online games G1;
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c) Note the result of the classification of online games in age of players in
top left corner of advertising frame and device screen while players use online
gaming services.
3. When having any foundation in concluding the classification of online
games in age of players by enterprises to online games G2, G3 and G4 that is not
suitable to the law at Item 1 of this Article, the Agency of Broadcasting and
Electronic Information gives a writing notice to ask enterprises adjust the
classification within 15 (fifteen) working days.
In the case, enterprises do not adjust the result of the classification of
online games in age of players, the Agency of Broadcasting and Electronic
Information gives a writing notice to ask enterprises stop providing the service
to such online games and give solutions to ensure players’ benefits. Within 15
(fifteen) working days, from the date of the above document issued, if
enterprises do not stop the issue as requested, the Agency of Broadcasting and
Electronic Information will withdraw a certificate of online gaming provision.
Article 5. Online games evaluating Advisory Council
1. Online games evaluating Advisory Council includes representatives of
some agencies, organizations related with proper qualification.
2. Online games evaluating Advisory Council is responsible for advise in
the evaluation on the content, screenplay, technical manners providing online
games G1 and other special cases as requested by the Ministry of Information
and Communications, to ensure close, objective evaluation.
3. Online games evaluating Advisory Council is established and operated in
a decision by the Ministry of Information and Communications.
Article 6. Personal information of players
1. Creating using account of online games G1, players have to provide the
following personal information:
a) Full name;
b) Date of birth;
c) Permanent residence address;
d) Passport or ID number, date of issue, place of issue;
đ) Tel., email (if any).
In case of players under 14 years of age (fourteen) without Passport or ID
card, legal tutor of such player decides to register their personal information to
agree and responsible to the law on such registration.
2. Online games G1 enterprises must keep Personal information of players
during the use of players and 06 (six) months after players stop using the
service; Online games G1 enterprises must develop technical system of
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operation ready to linking with ID card or national personal codes database as
requested by the authorities in order to confirm players’ information.
Article 7. Regulation on virtual items, virtual units, bonus points
1. Online gaming enterprises are only initialized virtual items, virtual
units, bonus points in online games in the content, screenplay reported by
enterprises in the document granted an approval of the content, screenplay of
online games and in periodic reports by enterprises.
2. Players are used bonus points or virtual units in their account to
exchange virtual items initialized by Online gaming enterprises.
3. Online gaming enterprises are responsible to manage virtual items,
virtual units, bonus points in online games in the principle of online games
declared and suitable to the content, screenplay of approved online games.
4. Virtual items, virtual units, bonus points are only used in scope of
online games and in the purpose reported by enterprises. Virtual items, virtual
units, bonus points are not assets without a conversion into money, payment
cards, vouchers or in kind possible to trade out of online games.
5. Do not buy, sell virtual items, virtual units, bonus points amongst
players.
Article 8. Rights and obligations of enterprises of server, server space
lease; telecommunication enterprises, Internet supplying enterprises
1. Actively refuse, suspend or stop linking with online gaming enterprises
without an approval of the content, screenplay by approval authorities or without
a notice on service provision as defined at Item 2, Article 31 Decree No.
72/2013/NĐ-CP.
2. Follow requirements from the State authorities in suspending or
stopping linking with enterprises without a license, a certificate of online
gaming provision; online gaming enterprises without an approval of the content,
screenplay by approval authorities or without a notice on service provision as
defined at Item 2, Article 31 Decree No. 72/2013/NĐ-CP.
3. Cooperate with the State authorities in information safety, security and
inspection, prevention from unlawful acts in the provision, use of online games.
Article 9. Rights and obligations of enterprises of payment support in
online games
1. Actively refuse, suspend or stop linking with online gaming enterprises
without an approval of the content, screenplay by approval authorities or without
a notice on service provision as defined at Item 2, Article 31 Decree No.
72/2013/NĐ-CP.
2. Follow requirements from the State authorities in suspending or
stopping linking with enterprises without a license, a certificate of online
gaming provision; online gaming enterprises without an approval of the content,
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screenplay by approval authorities or without a notice on service provision as
defined at Item 2, Article 31 Decree No. 72/2013/NĐ-CP.
3. Cooperate with the State authorities in information safety, security and
inspection, prevention from unlawful acts in the provision, use of online games.
Article 10. Responsibility of the Department of Information and
Communications in cities, provinces directly under the Central authority
1. Preside, cooperate with relevant agencies in holding actual inspection
of technical conditions from Online gaming enterprises being operated in the
locality after official provision of enterprises.
2. Hold inspection, audit and settlement of violations to online gaming
provision from enterprises with registered head-office or service supplying
equipment and system located in the locality in the missions, rights defined by
the law.
Article 11. Regulation on information provision and reporting
regulations
1. Information provision:
a) The Ministry of Information and Communications declares a list of
enterprises granted, withdrawn a license, a certificate of online gaming
provision; a list of online games G1 granted, withdrawn a decision of approval
on the content, screenplay; a list of online games G2, G3, G4 given a notice on
service provision; a list of online games stopped providing; a list of licenses,
certificates, decisions of approval on the content, screenplay without validity on
the portal gate of the Ministry of Information and Communications at the
address www.mic.gov.vn;
b) Departments of Information and Communications in cities, provinces
directly under the Central authority update a list of online games G1 granted,
withdrawn a decision of approval on the content, screenplay; a list of online
games G2, G3, G4 given a notice on service provision on the website of the
Ministry of Information and Communications; a list of online games stopped
providing and give a notice to owners of public online gaming points in the area.
2. Reporting regulations:
a) Online gaming enterprises conduct periodic reporting regulations every
06 (six) months (on June 01st and December 01st annually) in Form No.9 to the
Agency of Broadcasting and Electronic Information, the local Department of
Information and Communications where enterprises register operational headoffice and suddenly report as requested by the state authorities;
b) The Department of Information and Communications periodically
reports the Ministry of Information and Communications (the Agency of
Broadcasting and Electronic Information ) once 06 (six) months (on June 15th
and December 15th annually) on management, provision and use of online
gaming services in the locality in Form No.10.
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Chapter II
LICENSING ONLINE GAMES G1 PROVISION AND APPROVING
CONTENT, SCREENPLAY OF ONLINE GAMES G1
Article 12. Conditions on organization, personnel of online games G1
provision
Conditions on organization, personnel defined at Item 1 Article 32 Decree
No. 72/2013/NĐ-CP mean as follows:
1. Have head-office, contact address and telephone.
2. Have a team of online gaming administrators suitable to operational
scale, ensuring at least 01 (one) administrator in charge of 2 (two) servers.
3. Have personnel graduated from the university and more responsible to
management of online gaming provision.
Article 13. Conditions on techniques of online games G1 provision
Conditions on techniques defined at Item 1 Article 32 Decree No.
72/2013/NĐ-CP mean as follows:
1. A system of online gaming provision to all online games of enterprises
must meet the following conditions;
a) Capable to store, update full personal information of players as defined
at article 6 of this Circular;
b) A system of payment control to all online games of enterprises is
located in Viet Nam and linked with payment supporting enterprises in Viet
Nam, ensuring full and accurate update, storage and allowing players to search
for the details on their payment account;
c) Manage playing time of players from 00h00 to 24h00 daily and ensure
total using time to all online games G1of one Enterprise to each player under 18
years of age within 180 minutes of 24 hours per day;
d) Display the result of the classification of online games in age of players
for all online games provided by enterprises upon an introduction, advertising of
online games and provision of online gaming services; have a recommendation
with the content ”Playing over 180 minutes a day will have a bad impact on the
health” at easy-to-see position in the forum of online games and on device’s
screen of players during the play.
2. Give the solutions ensuring service quality, players’ benefits.
3. Have technical methods, management operation of forum content of
games (if any), comply with the regulation at Circular No. 09/2014/TT-BTTTT
on August 19th, 2014 of the Ministry of Information and Communications
detailing management, provision and use of the information on websites and
social networks.
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4. Give provisional solutions on equipment and connection, data backup
to ensure the system’s safety upon incidents occurred.
5. Give solutions to ensure safety, security of the information and
confidentiality of personal information of players.
Article 14. The document proposing an issue of a certificate of online
games G1 provision
The document proposing an issue of a certificate of online games includes
the following documents:
1. An application of license issue in Form No.1
2. A notarized copy of Enterprise registration certificate or a certificate of
investment, including business line of online gaming provision.
3. CV of personnel in charge of managing online gaming provision with
the authority’s confirmation.
4. A document of legal domain name confirmation.
5. A Project of online gaming provision including the following main
contents:
a) A plan of service provision, financial capacity, machine organization
and personnel implementing service provision meeting conditions defined at
Article 12, 13 of this Circular;
b) A overall diagram of service provision system, locations of installation;
c) Detailed description on main and provisional parts of service provision
system including: expected figuration of each equipment;
d) Details on the method, scope of service provision; a plan in linking
with Internet and telecom network (Enterprise name, domain name, IP address,
linking channel volume, online gaming distributing channel);
đ) Detailed description on payment system and plan of linking payment
supporting enterprises in Viet Nam (Enterprise name, linking method, rights and
obligations of parties);
e) A plan of using Internet resources;
g) A Project of service quality, ensuring players’ benefits;
h) Detailed description on the system (hardware, software) monitoring the
operation of service provision system; a plan of data backup and provisional
manners on equipment, connection; a procedure of operation, development,
provision and use of services; a plan of confidentiality, safety of players’
personal information;
i) Detailed description on the system (hardware, software) ensuring
confidentiality, safety of players’ personal information; regulations in
cooperation with function agencies in information safety, security.
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Article 15. Procedure issuing a license of online games G1 provision
1. Enterprises submit 01 (one) set of original document issuing a license of
online games G1 provision to the Ministry of Information and Communications
(the Agency of Broadcasting and Electronic Information ) in one of the
following methods:
a) Direct submission;
b) Submission via postal service.
2. Within 30 (thirty) working days, from the receipt of valid document,
the Agency of Broadcasting and Electronic Information conducts a document
evaluation and then submits the Minister of Information and Communications
for review, issue of a license of online games G1 provision in Form No.2. If
without an issue, the Ministry of Information and Communications must give a
writing response with an explanation of refuse.
3. Before 10 (ten) days of service provision, enterprises must send a
detailed notice on official time of service provision to the Ministry of
Information and Communications (the Agency of Broadcasting and Electronic
Information ), the Department of Information and Communications at the
locality where enterprises register operational head-office and have the system
of service provision; notice to enterprise providing services of leasing server,
server space, telecom enterprises, enterprises of Internet provision, payment
supporting enterprises in online games. Upon the receipt of such notice,
receiving agencies are responsible to send the receipt to enterprises within 7
(seven) working days, from the receipt of such notice.
4. A license of online games G1 provision is invalid when enterprises are
dissolved, bankrupted or after 06 (six) months from the valid date of such
license, enterprises do not carry out service provision in reality.
5. If a license of online games G1 provision is invalid, withdrawn or
enterprises change the contents defined at Item 6 Article 6 of this circular, reissuing a license is same to a procedure of new issue as defined at Article 14, 15
of this Circular.
Article 16. Amendment, alternation, extension, re-issue of a license of
online games G1 provision
1. Enterprises must propose to amend, alter the content in a license of online
games G1 provision in the following cases:
a) Change Enterprise name;
b) Change name of legal representative of enterprises;
c) Change head-office when enterprises transfer it to other city, province.
Enterprises can simultaneously carry out a procedure of amending, altering
a license and a procedure of amending, altering a decision of approving content,
screenplay of online games G1granted.
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2. Enterprises submit 01 (one) set of original document proposing to amend,
alter the content in a license of online games G1 provision to the Ministry of
Information and Communications (the Agency of Broadcasting and Electronic
Information ) in one of the following methods:
a) Direct submission;
b) Submission via postal service.
3. The document proposing to amend, alter the content in a license of online
games G1 provision includes the following documents:
a) An application proposing to amend, alter the content in a license of
online games G1 provision in which specifies the content and reason required to
amend, alter;
b) A copy of a license of online games G1 provision, a copy of a decision
of approving content, screenplay of online games G1granted;
c) Documents proving reasons required to amend, alter.
4. Within 30 (thirty) working days, from the receipt of valid document,
the Ministry of Information and Communications considers to issue a amended,
altered license. If without an issue, the Ministry of Information and
Communications must give a writing response with an explanation of refuse.
5. Within 05 (five) working days, before changing head-office address but
in the same city, province, transaction office, server lease address, enterprises
need not amend, alter a license of online games G1 provision but give a writing
notice to the Ministry of Information and Communications (the Agency of
Broadcasting and Electronic Information ) and the Department of Information
and Communications at the locality where enterprises register operational headoffice. Upon the receipt of the notice, receiving agencies are responsible to send
the receipt to enterprises within 7 (seven) working days, from the receipt of such
notice.
6. In the effectiveness of a license of online games G1 provision,
enterprises have to do procedure of re-issuing a license as defined at Item 5,
Article 15 of this Circular attached to an original of a licenses granted within 30
(thirty) days from the date of a decision changing one of the following cases:
a) Change 100% shareholders of joint stock company; change 100%
members of liability limited company with two members and more; change
owners of one member liability limited company; change owners of private
enterprise;
b) Change organizational structure of enterprises due division, separation,
consolidation, merge, transfer of a company in accordance with the law on
enterprises.
7. For enterprises granted a license of online games G1 provision, when
having a change of capital contribution resulting in a change of contribution
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members (or shareholders) with 30% chartered capital and more, they are
required to give a writing notice to the Ministry of Information and
Communications (the Agency of Broadcasting and Electronic Information ) and
the Department of Information and Communications at the locality where
enterprises register operational head-office. Upon the receipt of the notice,
receiving agencies are responsible to send the receipt to enterprises within 7
(seven) working days, from the receipt of such notice.
8. Re-issue a license of online games G1 provision if lost, broken or
unused.
a) If a license of online games G1 provision is lost, broken or unused,
enterprises send an application to
the Ministry of Information and
Communications (the Agency of Broadcasting and Electronic Information ) in
one of the methods: direct submission or submission via postal service;
b) An application of re-issuing a license of online games G1 provision
including: name, address of enterprise; number, date of issue, valid date of a
license granted; reason of re-issuing a license; commitment of enterprise on
declarations in the application;
c) Within 15 (fifteen) working days, from the receipt of valid application,
the Ministry of Information and Communications considers to re-issue a license
to enterprises. In case of a refuse, the Ministry of Information and
Communications must give a writing response with an explanation of refuse.
9. Extension of a license
a) Before the expiry of a license, if enterprises cannot finish a procedure
of re-issue, they have to do a procedure of extension if they still continue their
operation. Each license is only extended 01 (one) time, each time is within 01
(one) year;
b) Enterprises send an application of license extension and a copy of a
license to the Ministry of Information and Communications (the Agency of
Broadcasting and Electronic Information ) in one of the methods: direct
submission or submission via postal service;
c) The content in an application of license extension includes: name,
address of enterprise; number, date of issue, valid date of an enterprise
registration certificate; reason of license extension; commitment of enterprise on
declarations in the application;
d) Within 15 (fifteen) working days, from the receipt of a valid
application of license extension, the Ministry of Information and
Communications considers, decides to extend a license to enterprises. In case of
a refuse, the Ministry of Information and Communications must give a writing
response with an explanation of refuse.
Article 17. Conditions on issuing a decision of approving content,
screenplay of online games G1
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Enterprises are issued a decision of approving content, screenplay of
online games G1if they meet the following conditions:
1. Online games with the content of screenplay do not violate regulations
defined at Item 1 Article 3 of this Circular; the result of self-classifying online
games in age of players by enterprises is suitable to games’ content, screenplay
defined at Item 1 Article 4 of this Circular.
2. Have personnel graduated from the university and more on managing
games’ content and forum of players.
3. Have technical solutions meeting the following requirements:
a) Continuously provide and display the information on the result of
classifying online games in age of players; a recommendation “Playing over 180
minutes a day will badly affect on the health” at easy-to-see positions in the
forum of games and on device’s screen in the play;
b) Mange player’s dialogue in accordance with the law on social network
management at Decree No. 72/2013/NĐ-CP and Circular No. 09/TT-BTTTT on
August 19th, 2014 of the Ministry of Information and Communications detailing
management, provision and use of the information on websites and social
networks.
4. Have solutions in managing the information of player’s accounts
meeting the following requirements:
a) Directly and synchronously connect with a system of managing
players’ personal information;
b) Directly and synchronously connect with a system of service payment
of enterprises;
c) Fully store, continuously update correct information on the history of
use of players including: account’s name, time of use, information relating to
virtual items, virtual units, bonus points of players.
5. Have solutions on service quality, system security if there is any
incident occurred.
Article 18. The document proposing an approval of content,
screenplay of online games G1
The document proposing an approval of content, screenplay to each game
includes the following documents:
1. An application on an approval of content, screenplay in Form No.3.
attached to a commitment from enterprises on their rights and obligations
defined at Article 34 Decree No. 72/2013/NĐ-CP.
2. A copy of a license of online games G1 provision with the term of at
least 01 (one) year.
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3. CV of personnel in charge of managing the content of online games
with a confirmation from the authority.
4. A notarized copy of a certificate of legal copyright and a writing
agreement on allowing enterprises issuing online games in viet Nam. For a
certificate and agreement in foreign language, require to translate into
Vietnamese notarized.
5. Detailed description of content, screenplay of online games includes
the following information:
a) Name, source, origin of online games;
b) Detailed screenplay, content of games; characters, tasks, maps
(diagrams); virtual items, virtual units, services, bonus points, interactions,
antagonistic acts amongst characters; mode of payment, versions of release;
c) The method and the result of classifying online games in age of players
by enterprises.
6. Technical method meeting requirements defined at Item 3, 4 Article 17
this circular includes the following contents:
a) Detailed diagram of a system providing online games;
b) Specific address where installs a system providing services and name
of enterprises providing services of leasing server space (if case of hiring server
space);
c) Detailed description on main and provisional parts including: name,
functions, expected figuration of each equipment;
d) Description of the method to display the result of classifying online
games in age of players; have a recommendation with the content ”Playing over
180 minutes a day will have a bad impact on the health” at easy-to-see position
in the forum of online games and on device’s screen of players during the play.
đ) Detailed description on a system of managing players’ accounts
meeting requirements at Article 6 this Circular.
7. Recording device of typical pictures, actions, sounds in online games:
pictures of some characters, items, equipages for characters; pictures, actions of
characters implementing tasks mainly in the highest levels (if any); typical
actions (e.g: antagonistic actions) amongst characters.
Article 19. Procedure on issuing a decision of approving of content,
screenplay of online games G1
1. Enterprises submit 01 (one) set of original document on issuing a
decision of approving of content, screenplay of online games G1 to the Ministry
of Information and Communications (the Agency of Broadcasting and
Electronic Information ) in one of the methods:
a) Direct submission;
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b) Submission via postal service.
2. Within 20 (twenty) working days, from the receipt of valid document,
the Ministry of Information and Communications conducts an evaluation, issue
of a decision approving content, screenplay of online games G1 to enterprises.
In case of a refuse, the Ministry of Information and Communications must give
a writing response with an explanation of refuse.
3. A decision of approving content, screenplay of online games G1 is
invalid when a license of online games G1 provision are withdrawn or expired
or after 06 (six) months from the valid date of such decision, enterprises do not
carry out service provision in reality.
4. Before 10 (ten) working days of public gaming provision, enterprises
must send a detailed notice on official time of gaming provision to the Ministry
of Information and Communications (the Agency of Broadcasting and
Electronic Information ), the Department of Information and Communications at
the locality where enterprises register operational head-office and have the
system of service provision; notice to enterprise providing services of leasing
server, server space, telecom enterprises, enterprises of Internet provision,
payment supporting enterprises in online games. Upon the receipt of such
notice, receiving agencies are responsible to send the receipt to enterprises
within 7 (seven) working days, from the receipt of such notice.
5. If a decision of approving content, screenplay of online games G1 is
invalid, withdraw, re-issuing a decision is same to a procedure of new issue as
defined at Article 18, 19 of this Circular.
6. Classified games as games G1, G2, G3, G4 approved content,
screenplay by the authority, enterprises do not require to notice defined at article
26 of this Circular.
Article 20. Amending, altering, re-issuing a decision of approving
content, screenplay of online games G1
1. Enterprises have to do a procedure of amending, altering, re-issuing a
decision of approving content, screenplay of online games G1 granted in the
following cases:
a) Change name of games;
b) Update, upgrade new version with amending, altering content,
screenplay of games in comparison with a version approved content, screenplay
by the authority.
2. Enterprises submit 01 (one) set of original document on amending,
altering content, screenplay of online games G1 to the Ministry of Information
and Communications (the Agency of Broadcasting and Electronic Information )
in one of the methods:
a) Direct submission;
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b) Submission via postal service.
3. The document on amending, altering a decision of approving content,
screenplay of online games G1 includes the following contents:
a) A copy of a decision of approving content, screenplay of online games;
b) A document of amending, altering, re-issuing a decision of approving
content, screenplay of online games G1, in which specifies content, reason
required to amend, alter;
c) Detailed description of contents amended, altered and proving
documents related.
4. Within 15 (fifteen) working days, from the receipt of valid document,
the Ministry of Information and Communications evaluates, issue an amended,
altered decision to enterprises. In case of a refuse, the Ministry of Information
and Communications must give a writing response with an explanation of
refuse.
5. Within 05 (five) working days, before changing the mode, scope of
approved online games G1 provision (domain name for games on the Internet,
distributing channel for games on mobile telecommunications network),
enterprises do not require a procedure of amending, altering a decision but give
a writing notice to the Ministry of Information and Communications (the
Agency of Broadcasting and Electronic Information ), the Department of
Information and Communications at the locality where enterprises register
operational head-office. Upon the receipt of such notice, receiving agencies are
responsible to send the receipt to enterprises within 7 (seven) working days,
from the receipt of such notice.
6. Re-issuing a decision
a) If a decision of approving content, screenplay of online games G1is
lost, broken or unused, enterprises send an application to the Ministry of
Information and Communications (the Agency of Broadcasting and Electronic
Information ) in which specifies number, issuing date of a decision granted and
reason for re-issue;
b) Within 15 (fifteen) working days, from the receipt of valid application,
the Ministry of Information and Communications considers to re-issue a
decision to enterprises. In case of a refuse, the Ministry of Information and
Communications must give a writing response with an explanation of refuse.
Chapter III
REGISTRATION OF ONLINE GAMES G2, G3, G4 PROVISION AND
NOTICE ON ONLINE GAMES G2, G3, G4 PROVISION
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Article 21. Conditions on organization, personnel of online games G2,
G3, G4 provision
Conditions on organization, personnel defined at Item 1 Article 33 Decree
No. 72/2013/NĐ-CP mean as follows:
1. Have head-office, contact address and telephone.
2. Have a team of online gaming administrators suitable to operational
scale, ensuring at least 01 (one) administrator in charge of 2 (two) servers.
3. Have personnel graduated from the university and more responsible to
management of online gaming provision.
Article 22. Conditions on techniques of online games G2, G3, G4
provision
Conditions on techniques defined at Item 1 Article 33 Decree No.
72/2013/NĐ-CP means as follows:
1. A system of payment control to online games (if any) of enterprises is
located in Viet Nam and linked with payment supporting enterprises in Viet
Nam, ensuring accuracy and sufficiency and allowing players to search for the
details on their payment account;
2. Give the solutions on service quality, players’ benefits.
Article 23. The document of issuing a certificate of online games G2,
G3, G4 provision
The document of issuing a certificate of online games G2, G3, G4 provision
includes the following documents:
1. An application of issuing a certificate of online games provision in
Form No.5.
2. A notarized copy of an enterprise registration certificate or a certificate
of investment, including business line of online gaming provision.
3. CV of personnel in charge of managing online gaming provision with
the authority’s confirmation.
4. A document of legal domain name confirmation (for games provided
on the Internet).
5. A Project of online gaming provision including the following main
contents:
a) A plan of service provision, machine organization and personnel
implementing service provision suitable to operational scope and meeting
conditions defined at Article 21, 22 of this Circular;
b) A overall diagram of service provision system, locations of installation
and connection;
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c) Detailed description on main and provisional parts of service provision
system including: name, function, figuration;
d) Details on the method, scope of service provision: the Internet nerwork
(IP address, domain name), mobile telecom network (expected distribution);
đ) Payment methods, payment cards and cooperative enterprises in service
payment (name of enterprises, payment methods);
e) A Project of service quality, ensuring players’ benefits.
Article 24. Procedure proposing on issuing a certificate of online
games G2, G3, G4 provision
1. Enterprises submit 01 (one) set of original document of proposing on
issuing a license of online games G2, G3, G4 provision to the Agency of
Broadcasting and Electronic Information in one of the following methods:
a) Direct submission;
b) Submission via postal service.
2. Within 15 (fifteen) working days, from the receipt of valid document,
the Agency of Broadcasting and Electronic Information considers, issues a
certificate of online gaming provision to enterprises in Form No.6. In case of a
refuse, the Ministry of Information and Communications must give a writing
response with an explanation of refuse.
3. Before 10 (ten) days of service provision, enterprises must send a
detailed notice on official time of service provision to the Agency of
Broadcasting and Electronic Information, the Department of Information and
Communications at the locality where enterprises registering operational headoffice; enterprises providing services of leasing server, server space, telecom
enterprises, Internet providing enterprises, payment supporting enterprises in
online games. Upon the receipt of such notice, receiving agencies are
responsible to send the receipt to enterprises within 7 (seven) working days,
from the receipt of such notice.
4. A certificate of online games G2, G3, G4 provision is invalid when
enterprises are dissolved, bankrupted or after 12 (twelve) months from the valid
date of such license, enterprises do not carry out service provision in reality.
5. If a certificate of online games G2, G3, G4 provision is invalid,
withdrawn or enterprises change the contents defined at Item 6 Article 25 of this
circular, re-issuing a certificate is same to a procedure of new issue as defined at
Article 23, 24 of this Circular.
Article 25. Amendment, alternation, re-issue of a certificate of online
games G2, G3, G4 provision
1. Enterprises must propose to amend, alter the content in a certificate of
online games G2, G3, G4 provision in the following cases:
a) Change Enterprise name;
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b) Change name of legal representative of enterprises;
c) Change head-office when enterprises transfer it to other city, province.
Enterprises can simultaneously carry out a procedure of amending, altering a
certificate and a procedure of amending, altering a decision of approving
content, screenplay of online games G2, G3, G4 granted.
2. Enterprises submit 01 (one) set of original document proposing on
amending, altering the content in a certificate of online games G2, G3, G4
provision the Agency of Broadcasting and Electronic Information in one of the
following methods:
a) Direct submission;
b) Submission via postal service.
3. The document proposing to amend, alter the content in a certificate of
online games G2, G3, G4 provision includes the following documents:
a) A copy of a certificate granted;
b) A writing proposal regarding amendment, alteration of a certificate
providing online Games G2, G3, G4 in which specifies contents to be amended and
reasons to be amended, altered;
c) Documents proving reasons required to amend, alter.
4. Within 15 (fifteen) working days, from the receipt of valid document,
the Agency of Broadcasting and Electronic Information considers to issue a
amended, altered certificate. If without an issue, the Agency of Broadcasting
and Electronic Information must give a writing response with an explanation of
refuse.
5. Within 05 (five) working days, before changing domain name on
websites (on the Internet), distributing channel to games (on mobile telecom
network), types of games (G2, G3, G4), enterprises need not amend, alter a
certificate of online gaming provision but give a writing notice to the Agency
of Broadcasting and Electronic Information and the Department of Information
and Communications at the locality where enterprises register operational headoffice. Upon the receipt of the notice, receiving agencies are responsible to send
the receipt to enterprises within 7 (seven) working days, from the receipt of such
notice.
6. In the effectiveness of a certificate of online games G2, G3, G4
provision, enterprises have to do procedure of re-issuing a certificate as defined
at Item 5, Article 24 of this Circular attached to an original of a certificate
granted within 30 (thirty) days from the date of a decision changing one of the
following cases:
a) Change 100% shareholders of joint stock company; change 100%
members of liability limited company with two members and more; change
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owners of one member liability limited company; change owners of private
enterprise;
b) Change organizational structure of enterprises due division, separation,
consolidation, merge, transfer of a company in accordance with the law on
enterprises.
7. For enterprises granted a certificate of online games G2, G3, G4
provision, when having a change of capital contribution resulting in a change of
contribution members (or shareholders) with 30% chartered capital and more,
they are required to give a writing notice to the Agency of Broadcasting and
Electronic Information
and the Department of Information and
Communications at the locality where enterprises register operational headoffice within 05 (five) working days from the date of a decision on such change.
Upon the receipt of the notice, receiving agencies are responsible to send the
receipt to enterprises within 7 (seven) working days, from the receipt of such
notice.
8. Re-issue a certificate of online games G2, G3, G4 provision if lost,
broken or unused.
a) If a certificate of online games G2, G3, G4 provision is lost, broken or
unused, enterprises send an application to the Agency of Broadcasting and
Electronic Information in which specifies name, address of enterprise; number,
place of issue, date of issue of an enterprise registration certificate , number,
date of issue of a certificate granted; reason of re-issuing a certificate;
commitment of enterprise on declarations in the application;
b) Within 15 (fifteen) working days, from the receipt of valid application,
the Agency of Broadcasting and Electronic Information considers to re-issue a
certificate to enterprises. In case of a refuse, the Agency of Broadcasting and
Electronic Information must give a writing response with an explanation of
refuse.
Article 26. Notice on online games G2, G3, G4 provision
1. Within at least 30 (thirty) working days, before official online games
G2, G3, G4 provision, enterprises must send a document of notice for each game
to the Agency of Broadcasting and Electronic Information in one of the
following methods: Direct submission, Submission via postal service.
2. A document of notice on online games G2, G3, G4 provision includes
the following documents:
a) A notice on online gaming provision in Form No.7;
b) A copy of a certificate of online gaming provision;
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c) A notarized copy of a certificate of legal copyright and an agreement
that allows enterprises issue games in Viet Nam. In case of a certificate or an
agreement in foreign language, enterprises must translate into Vietnamese
notarized.
3. Within 15 (fifteen) working days, from the receipt of valid application,
the Agency of Broadcasting and Electronic Information issues a confirmation on
the notice on online games G2, G3, G4 provision in Form No.8. After the above
time, if without any ideas from the Agency of Broadcasting and Electronic
Information, enterprises are allowed to provide games in the expected date
mentioned in the notice.
4. Enterprises must send an addition notice to the Agency of Broadcasting
and Electronic Information if there is any change of one of the following
contents while online gaming provision:
a) Name of game;
b) Result of classifying online games in age of players;
c) Type of online games being provided (G2, G3, G4);
d) Scope, method of provision: domain name, IP address (on websites),
distributing channel to games (on mobile telecom network).
Article 27. Promulgating forms in management, provision and use of
online gaming services
Attached to this Circular, promulgate the following forms:
1. An application proposing on issuing a license of online games G1
provision (Form No.01).
2. A license of online games G1 provision (Form No.02).
3. An application proposing on approving content, screenplay of online
games G1 (Form No.03).
4. A decision of approving content, screenplay of online games G1 (Form
No.04).
5. An application proposing on issuing a license of online gaming provision
(Form No.05).
6. A certificate of online gaming provision (Form No.06).
7. A notice on online gaming provision (Form No.07).
8. A confirmation on online gaming provision (Form No.08).
9. A report on online gaming provision (Form No.09).
10. A report on management, provision and use of online gaming services
at the locality (Form No.10).
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Chapter IV
IMPLEMENTING PROVISIONS
Article 28. Effectiveness
This Circular comes effect commencing on February 12th, 2015.
Article 29. Transitional provision
1. Enterprises who are providing online games must carry out a procedure of
proposing a license of online games G1 provision, a certificate of online games
G2, G3, G4 provision and make a report of results of classifying online games in
age of players as defined at this Circular within 180 days from the effectiveness
of this Circular.
2. For online games granted a decision on approving content, screenplay
of online games as defined at Joint Circular No. 60/2006/TTLB-BVHTTBBCVT-BCA on June 01st, 2006 of the Ministry of Culture-Information, the
Ministry of Posts and Telecommunications, the Ministry of Public Security
regarding the management of online games, if enterprises change game’s name,
update, upgrade new version, change, alter content, screenplay of games, they
must do a procedure of proposing on approving content, screenplay as defined
at Article 17, 18, 19, this Circular within 180 days from the effectiveness of this
Circular.
3. In the performance, in case of any queries and difficulties,
organizations, enterprises, individuals need to reflect to the Ministry of
Information and Communications (the Agency of Broadcasting and Electronic
Information) for revise, settlement./.
Recipients:
- Prime Minister and the Deputy Prime Minister;
- Congress Office;
- Central Office and Commissions;
- Secretary General Office;
- President Office;
- Government Office;
- The ministries, ministerial-level agencies, agencies under the Government;
- Supreme People's Court;
- Supreme People's Procuracy;
- State Auditor;
- Ministry of Justice (Department of Document Examination);
- People's Committees of provinces and cities under Central authority;
- Departments of Information and Communications of the provinces and cities
directly under Central Government;
- Gazette ;
- Government Electronic Portal;
- Electronic information website of Ministry of Information and
Communications;
- MIC: Ministers and Deputy Ministers; the agencies, units of the Ministry;
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MINISTER
(Signed)
Nguyen Bac Son
- Save: Telecom, MIC
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