DECREE
On horse racing, greyhound racing and international football betting business
______________________________
Pursuant to the June 19, 2015 Law on Organization of the Government;
Pursuant the November 26, 2014 Law on Enterprises;
Pursuant to the November 26, 2014 Law on Investment;
Pursuant to the November 26, 2013 Bidding Law;
Pursuant to the June 20, 2012 Law on Handling of Administrative Violations;
Pursuant to the June 21, 2012 Law on Advertisement;
Pursuant to the June 14, 2005 Commercial Law;
At the proposal of the Minister of Finance;
The Government promulgates the Decree on horse racing, greyhound racing and international football betting business.
Chapter I
GENERAL PROVISIONS
Article 1. Scope of regulation and subjects of application
1. Scope of regulation:
This Decree prescribes the horse racing and greyhound racing betting business, management of these betting business activities and sanctioning of administrative violations in these betting business activities, and pilot permission for international football betting in the territory of the Socialist Republic of Vietnam.
2. Subjects of application
a/ Businesses conducting horse racing, greyhound racing and international football betting;
b/ Persons permitted to place bets;
c/ State management agencies having functions related to the licensing, management, supervision, examination, inspection of, and the sanctioning of administrative violations in, betting business activities;
d/ Other organizations and individuals involved in betting business activities.
Article 2. Interpretation of terms
In this Decree, the terms and expressions below are construed as follows:
1. “Betting” means a prize leisure game in which bettors predict the result of a sport or an entertainment event which may be used for betting business. Bettors who makes a correct prediction will be paid a winning in cash or in kind or service which may be converted into cash at the end of the event according to betting rules.
2. “Betting business” means the provision of a betting product to bettors on the principle that bettors buy bet tickets and receive winnings when winning their bets under this Decree.
3. “Betting event” means a horse race or greyhound race, an international football match or tournament used by a betting business for bettors to place bets under this Decree.
4. “International football” means football matches or tournaments organized outside the Vietnamese territory or organized by international organizations in the Vietnamese territory.
5. “Event organizing committee” means a unit or section responsible for organizing a betting event to serve betting business.
6. “Payout rate” means the rate of the total money amount to be paid out to bettors to the total bets placed by bettors and collected by a betting business.
7. “Odds” means the ratio of a money amount placed by a bettor as a bet to a money amount which such bettor may win.
8. “Fixed payout” means a method of calculating the value of winnings to be paid out to bettors based on the odds provided by a betting business at a time.
9. “Turnover-based payout” means a method of calculating the value of winnings to be paid out according to a set payout rate to bettors based on turnover from bet ticket sales and number of winning bettors. At the end of a betting event, winnings not won by any bettors will be converted into turnover of the next betting event.
10. “Jockey” means a horse rider that fully satisfies the conditions prescribed in this Decree.
11. “Race” means a competition between racing horses or racing dogs the result of which may be used to serve betting business.
12. “Bettor account” means an account of a bettor for placing bets as prescribed in Article 17 of this Decree.
13. “Bettor” means a person permitted to place bets under Clause 1, Article 7 of this Decree.
14. “Betting terminal device” (below referred to as terminal device) means an electronic device used to recording betting data, printing out bet tickets for bettors and checking winning bet tickets and directly operated by a betting business or bet ticket sale agent assigned by a betting business.
15. “Investment registration certificate” means a written or electronic document recording information registered by an investor on an investment project in accordance with the investment law.
Article 3. Betting business principles
1. Betting business is a conditional business line not encouraged to be developed and subject to strict control by competent state management agencies in order to be compliant with this Decree and relevant regulations.
2. Only businesses that are granted a certificate of eligibility for betting business under this Decree and businesses specified in Clause 1, Article 79 of this Decree may conduct betting business activities.
3. The organization of betting business activities must ensure transparency, objectiveness and honesty and protect lawful rights and interests of involved parties.
4. The currency used to buy bet tickets and pay out winnings in betting business activities is Vietnam dong.
Article 4. Prohibited acts in betting business activities
1. Conducting betting business activities without a certificate of eligibility for betting business, except for businesses specified in Clause 1, Article 79 of this Decree.
2. Conducting betting business activities at variance with contents of business licenses granted by a competent state management agency in accordance with law.
3. Organizing horse racing, greyhound racing or international football betting business activities or placing bets for horse racing, greyhound racing or international football at variance with the provisions of this Decree in any form and with any devices.
4. Leasing, lending or transferring a certificate of eligibility for betting business.
5. Conducting betting business activities after the certificate of eligibility for betting business is revoked or having the right to use it deprived of.
6. Conducting betting business activities without a certificate of satisfaction of security and order conditions, except for businesses specified in Clause 1, Article 79 of this Decree.
7. Conducting betting business activities after the certificate of satisfaction of security and order conditions is revoked or having the right to use it deprived of.
8. Placing bets when being not permitted to do so under Clause 1, Article 7 of this Decree.
9. Providing information to those other than persons permitted to place bets specified in Clause 1, Article 7 of this Decree for use in making registration for opening bettor accounts under Article 17 of this Decree.
10. Participating in fixing or reaching agreement to falsify the results of betting events.
11. Betting businesses providing loans to bettors to place bets.
12. Letting individuals not permitted to place bets under Clause 2, Article 7 of this Decree place bets in any form and for any reason.
13. Taking advantage of betting business activities to organize betting activities in violation of this Decree.
14. Providing information on odds established by a betting business without the latter’s consent or authorization.
15. Taking advantage of betting business activities to commit money laundering in any form.
16. Taking advantage of sales promotion based on luck or entertainment to illegally take bets from customers for profit-making purpose.
17. Causing public disorder at racecourses or bet ticket offices.
18. Other prohibited acts as prescribed by law.
Chapter II
ORGANIZATION OF BETTING BUSINESS ACTIVITIES
Article 5. Types of betting
Types of betting permitted to be dealt in include:
1. Horse racing betting.
2. Greyhound racing betting.
3. International football betting.
Article 6. Betting products
1. For horse and greyhound racing betting: Betting products are based on finishing places of racing horses or dogs in races organized by betting businesses under Chapter III of this Decree.
2. For international football betting: Betting products are based on scores of matches, rounds/halfs, events occurring during matches and rankings/places in tournaments. To be selected for use for international football betting, football matches and tournaments must be international ones announced or approved by the International Federation of Football Associations (FIFA). The Ministry of Culture, Sports and Tourism shall publicize the list of international football matches and tournaments to be selected for use for international football betting.
Article 7. Bettors
1. A bettor must be at least full 21 years of age and have full civil act capacity as prescribed by law.
2. The following persons are not permitted to place bets:
a/ Persons other than those specified in Clause 1 of this Article;
b/ Managers, executive officers and staff members of betting businesses and blood parents, spouses and birth children of these managers and executive officers who may not place bets in betting activities organized by their respective businesses;
c/ Members of race supervisory boards and their blood parents, spouses and birth children, who may not place bets in horse or dog races under the supervision of these members;
d/ Jockeys, football players, referees and their blood parents, spouses and birth children, who may not place bets in races, matches or tournaments which these jockeys, football players or referees participate in or control;
dd/ Persons who are refused by betting businesses to place bets according to written requests made by these persons themselves or by their parents, spouses or birth children who have full civil act capacity;
e/ Persons who are being examined for penal liability or have completely served their penalties but their convictions have not yet been expunged; persons who are subject to the measure of education in communes, wards or townships or consignment to reformatories or compulsory education or detoxification establishments.
3. Bettors have the following rights:
a/ To be certified as winners and have their winnings fully paid by betting businesses according to publicized betting rules;
b/ Foreigners or overseas Vietnamese who win bets may purchase foreign currencies from banks licensed for foreign exchange in order to remit or carry their winnings abroad in accordance with the law on foreign exchange management;
c/ To have their lawful interests arising from the placement of bets and confidentiality of their personal winning information protected by law;
d/ To file complaints or denunciations against betting businesses about payout results or cheating acts of betting businesses and related parties;
dd/ To enjoy other lawful interests in accordance with law and publicized betting rules.
4. Bettors have the following obligations:
a/ To produce their personal identification papers to prove they are eligible for placing bets when so requested by betting businesses or state management agencies;
b/ To comply with regulations on betting business and publicized betting rules;
c/ To fulfill tax obligations toward the State in accordance with law;
d/ To refrain from committing any cheating acts in the course of bet placement;
dd/ To keep bet tickets for receiving winnings.
Article 8. Betting limits
1. The minimum bet is VND 10,000 (ten thousand Vietnam dongs).
2. The maximum bet that a bettor can place per day for each betting product at a betting business is VND 1,000,000 (one million Vietnam dongs).
3. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourism, Ministry of Planning and Investment, Ministry of Justice and Ministry of Public Security in, proposing the Government to decide on adjustment of the minimum and maximum bets specified in Clauses 1 and 2 of this Article in each period.
Article 9. Betting rules
1. A betting business shall issue betting rules for each betting product. Betting rules must comply with law and contain the following information:
a/ Name of the betting product;
b/ Description of the betting product;
c/ Persons permitted to place bets;
d/ Method of placing bets;
dd/ Points of time when the bet taking starts and closes;
e/ Method of determining winning bets for payment of winnings;
g/ Payout method;
h/ Payout rate;
i/ Cases of refund of bet tickets;
k/ Conditions of bet tickets for receiving winnings;
l/ Methods of settling disputes;
m/ Rights and obligations of bettors;
n/ Other rules to meet management requirements of the betting business in accordance with law.
2. At least 5 working days before beginning betting business activities, a betting business shall:
a/ Send its betting rules to the Ministry of Finance, provincial-level Finance Department and local tax agency that directly manages it for monitoring and management;
b/ Publicize the betting rules at racecourses (applicable to horse racing and greyhound racing betting), its head office and fixed bet ticket offices.
3. In case a state management agency detects that its betting rules fail to comply with Clause 1 of this Article, within 5 working days after this state management agency requests in writing and guides the revision of such betting rules, a betting business shall modify or supplement its betting rules to comply with Clause 1 of this Article.
4. Within 5 working days after changing any contents of its betting rules, a betting business shall send the new rules to the Ministry of Finance, provincial-level Finance Department and local tax agency directly managing it and a document clearly stating the modified, supplemented or replaced rules and reasons for the modification, supplementation or replacement. At the same time, the business shall publicize the new rules under Point b, Clause 2 of this Article.
Article 10. Payout methods
1. Methods of paying bet winnings include:
a/ Method of fixed payout;
b/ Method of turnover-based payout;
c/ Combination of the methods specified at Points a and b of this Clause.
2. A betting business shall select payout methods appropriate to each type of betting product based on those prescribed in Clause 1 of this Article.
Article 11. Payout rate
1. For the method of fixed payout: The payout rate may depend on odds but the planned payout rate must be at least 65% of ticket sale turnover for each type of betting product.
2. For the method of turnover-based payout: The planned payout rate shall be established by a betting business but must be at least 65% of ticket sale turnover for each type of betting product.
Article 12. Methods of distributing bet tickets
1. Bet tickets may be distributed by the following methods:
a/ Via terminal devices;
b/ Via telephone (fixed telephone and cell phone). The distribution of bet tickets via the Internet or Internet apps in cell phones may only be applied after 1 year from the date of application of the method of distribution of bet tickets via terminal devices.
2. Technical conditions of a betting system
a/ Hardware (for servers and terminal devices):
- Being of clear origin and lawfully imported into Vietnam (for imported servers and terminal devices);
- Being up to the G7 standards and accompanied with sufficient documents showing technical specifications, installation method, detailed diagram of parts, methods of replacing and repairing parts, list of accompanying spare parts, operation instructions, warranty and maintenance methods;
- Being installed according to technical parameters and instructions provided by manufacturers to ensure their safe and stable operation;
- Being capable of integrating at least 2 channels for transmitting data to the server system to ensure that there is at least one standby channel to transmit data when the main channel breaks down;
- Having a backup server operating together with the main server to store data on placed bets.
b/ Software:
- Being copyrighted in accordance with law;
- Being designed in compliance with law and betting rules for each type of betting product;
- Ensuring timely and accurate recording of data on placed bets, accurate calculation of turnover and winnings, and checking of details of winning bet tickets;
- Being highly confidential to prevent hacking or intervention from the outside to falsify data on placed bets and other data serving betting business activities.
c/ Data transmission lines (including also terminal device and telephone systems):
- Being highly stable and having transmission capacity and speed meeting requirements on prompt information exchange and processing between the server, terminal devices, telephone systems and equipment directly related to betting business activities;
- Ensuring security, safety and confidentiality of telephone service users’ information in accordance with law;
- Ensuring accurate recording of all information (in the form of electronic files or audio recordings) on placed bets for use for the management, supervision and winning payout by betting businesses.
Article 13. Betting business places
Horse racing, greyhound racing and international football betting places shall be determined based on the methods of bet ticket distribution specified in Article 12 of this Decree and stated in the certificates of eligibility for betting business, specifically:
1. Places of horse racing and greyhound racing betting business include:
a/ Within the racecourses of betting businesses prescribed in this Decree that distribute bet tickets via terminal devices;
b/ Outside the racecourses nationwide, for betting businesses that distribute bet tickets via terminal devices and telephone. Betting business may be only conducted outside racecourses after 1 year from the date of commencing the betting business within racecourses.
2. Places of international football betting business include:
a/ In a number of provinces and centrally run cities where bet tickets are distributed via terminal devices. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourism, Ministry of Planning and Investment, Ministry of Justice and Ministry of Public Security in, submitting the list of provinces and centrally run cities where international football betting business may be organized on a pilot basis to the Prime Minister for decision.
b/ Nationwide, for bet tickets distributed via telephone.
Article 14. Fixed bet ticket offices
Betting businesses may directly set up fixed bet ticket offices or select bet ticket sale agents to open fixed bet ticket offices to distribute bet tickets. A fixed bet ticket office must satisfy the following conditions:
1. Being situated in betting business places referred to in Article 13 of this Decree.
2. Being at least 500 meters away from schools and children’s public entertainment centers.
3. Having facilities capable of promptly and fully transmitting bet placement information.
Article 15. Betting frequency and starting time of bet taking
1. The organization of horse racing and greyhound racing betting shall be decided by betting businesses at their own discretion at the frequency of no more than 3 days a week. Horse or greyhound races serving the betting business must end before 23:00 hours of the date such race is organized.
2. Points of time of starting and ending the bet taking must comply with the following provisions:
a/ For horse racing and greyhound racing betting: The time of starting the taking of bets for a race must be within 12 hours before the race starts and the time of ending the taking of bets must be at least 1 minute before such race starts;
b/ For international football betting: The time of starting the taking of bets for an international football event is the time the organizing committee announces the event schedule and venue and the time of ending the taking of bets must be at least 5 minutes before such event ends.
Article 16. Bet tickets
1. Bet tickets may be distributed in the form of certificate or electronic data, depending on the method of distribution specified in Article 12 of this Decree.
2. A bet ticket in the form of certificate must contain the following information:
a/ Name of the issuer;
b/ Name or code of the betting event;
c/ Date and time of the betting event;
d/ Bettor’s choice;
dd/ Value of the bet;
e/ Date and time of issue;
g/ Validity period of the bet ticket (if any);
h/ Odds (if any);
i/ Sign of the bet ticket sale agent or terminal device;
k/ Number and identification code of the bet ticket to prevent forgery;
l/ Other details to meet management requirements of the betting business in accordance with law.
3. A bet ticket in the form of electronic data must have the following information:
a/ Information specified at Points a, b, c, d, dd, e, g, h and l, Clause 2 of this Article;
b/ Bettor’s account number.
Article 17. Bettor accounts
1. A bettor who places bets via telephone (fixed telephone or cell phone) must have an account registered with the betting business for bet placement.
2. When registering an account, a bettor shall provide information and take responsibility before law for the accuracy of such information. Information to be provided by a bettor includes:
a/ His/her full name;
b/ His/her date of birth;
c/ Serial number of his/her people’s identity card or passport (for foreigners), date and place of issue;
d/ Place registered for bet placement;
dd/ Number of his/her account opened at a credit institution lawfully established and operating in Vietnam;
e/ Name, address, telephone number and email address of his/her related person for contact when necessary;
g/ Other information to meet management requirements of the betting business in accordance with law.
3. After a bettor registers for opening an account, the betting business shall issue an account ID number and initial password for access to place bets. The bettor shall manage and protect his/her account and password in the course of using the account.
4. The payment of bets and winnings between a bettor and a betting business shall be made via the bettor account opened at a credit institution lawfully established and operating in Vietnam.
Article 18. Bet ticket sale agents
1. A horse racing and greyhound racing betting business may select organizations or individuals to act as its bet ticket sale agents. An international football betting business may select organizations to act as its bet ticket sale agents.
2. Conditions for an individual to act as a bet ticket sale agent:
a/ Being a Vietnamese citizen who is at least full 18 years of age, permanently resides in Vietnam and has full civil act capacity in accordance with law;
b/ Satisfying the requirement on security for the payment obligation as prescribed by the law on secured transactions so as to secure the fulfillment of the payment obligation to the betting business;
c/ Having a fixed place for bet ticket sale as prescribed in Article 14 of this Decree.
3. Conditions for an organization to act as a bet ticket sale agent:
a/ Being an economic organization lawfully established and operating in Vietnam;
b/ Satisfying the requirement on security for the payment obligation as prescribed by the law on secured transactions so as to secure the fulfillment of the payment obligation to the betting business;
c/ Having a fixed place for bet ticket sale as prescribed in Article 14 of this Decree.
4. Bet ticket sale agents shall fulfill their tax obligations toward the State in accordance with law.
Article 19. Principles of determining betting results for payment of winnings
1. A betting business shall announce the result of each betting event immediately after such event ends and such result shall be used as the basis for payment of winnings to bettors. The announcement of the result of a betting event shall be based on:
a/ For horse racing and greyhound racing betting: The result of the horse or dog race determined by the referee and confirmed by the race supervision council under Clause 3, Article 29 of this Decree and officially announced for the first time;
b/ For international football betting: Conclusion of the referee of the match, for betting products based on events or results of international football matches, or information officially announced for the first time by the event organizing committee, for betting products based on events or results related to international football tournaments.
2. Betting businesses shall take responsibility for the accuracy and truthfulness of announced information on results of betting events.
Article 20. Payment of winnings
1. The time limit for receiving a bet winning is 30 days after the result of the betting event is announced or the validity period of the bet ticket (if any) expires. Past that time limit, winning bet tickets are no longer valid for receipt of winnings.
2. Winnings shall be paid at head offices or branches of betting businesses, places where betting is organized or authorized bet ticket sale agents or via accounts of winning bettors opened at credit institutions lawfully established and operating in Vietnam.
3. The time limit for payment of a winning by a betting business is 5 working days after receiving the bettor’s request.
4. If a dispute arises or a complaint is filed, the time limit for payment of a winning may be prolonged until an official conclusion is made by a competent agency.
Article 21. Refund of bet tickets
1. A betting business shall refund bet tickets to all bettors in the following cases:
a/ The venue of the betting event is changed;
b/ The announced betting event is cancelled without a new schedule for its reorganization or with a new schedule for reorganizing the event at a new venue or at a time more than 36 hours behind the originally scheduled time;
c/ The race supervision council refuses to certify the result of the horse or dog race;
d/ The betting business violates the race rules;
dd/ Other special cases as prescribed by law.
2. Betting businesses shall refund bet tickets to bettors who have placed bets on racing horses or dogs which are eliminated before the race starts under decisions of race referees or race supervision councils.
3. Bet tickets eligible for refund must fully satisfy the conditions prescribed by law for bet tickets for receiving winnings.
Article 22. Internal regulations on anti-money laundering
1. A betting business shall formulate and issue its internal regulations on anti-money laundering in accordance with the Anti-Money Laundering Law and guiding documents.
2. A betting business shall promptly amend and supplement its internal regulations on anti-money laundering to conform with changes in law or in its organizational structure, size and money laundering risks. It shall disseminate such internal regulations among its sections, officials and employees responsible for enforcing such internal regulations.
Article 23. Rights and obligations of betting businesses
1. A betting business has the following rights:
a/ To organize betting business activities according to its certificate of eligibility for betting business;
b/ To refuse bets placed by persons ineligible to place bets under Clause 2, Article 7 of this Decree.
2. A betting business has the following obligations:
a/ To comply with the provisions of this Decree on betting business and other relevant regulations;
b/ To organize betting business activities according to its publicized betting rules;
c/ To take measures to ensure that only eligible persons specified in Article 7 of this Decree can place bets;
d/ To fully and promptly pay winnings to winning bettors. To certify winnings at the request of winning bettors;
dd/ To provide documents or invoices on winnings of bettors who are foreigners or overseas Vietnamese for banks licensed for foreign exchange to sell and remit abroad foreign currencies or grant certificates of foreign-currency amounts permitted to be brought abroad to such bettors;
e/ To keep confidential bet winning information at the request of bettors, unless such information is requested by competent state management agencies to serve the examination, inspection, investigation and supervisions in accordance with law;
g/ To settle disputes and complaints of bettors in accordance with the publicized betting rules and law;
h/ To fulfill the tax obligations and observe other relevant regulations in the course of business operation;
i/ To take anti-money laundering measures prescribed by law;
k/ To take measures to ensure security, social order and safety in accordance with law;
l/ To warn and advise bettors to place their bets corresponding to their incomes;
m/ To take direct responsibility before Vietnamese law for all betting business activities.
Chapter III
ORGANIZATION OF HORSE RACES AND GREYHOUND RACES TO BE USED FOR BETTING BUSINESS
Article 24. Conditions for organization of horse races and greyhound races
1. Only businesses having a certificate of eligibility for horse racing and greyhound racing betting business under this Decree and businesses specified in Clause 1, Article 79 of this Decree may organize horse races and greyhound races and use results of these races for betting business.
2. Businesses may organize horse races and greyhound races at racecourses licensed by a competent state management agency in accordance with law.
3. A horse race or greyhound race may be organized only when the following conditions are fully satisfied:
a/ There are race rules formulated and issued by the betting business;
b/ There is a list of racing horses or racing dogs and jockeys and information relating to racing horses or racing dogs and jockeys registered to participate in the race at least 24 hours before the first race of the day starts;
c/ Racing horses or racing dogs and jockeys participating in the race fully satisfy the conditions prescribed by law and race rules;
d/ There are referees and a race supervision council under this Decree;
dd/ Start equipment and cameras to identify horses or dogs finishing the race are sufficient and properly operate to ensure accuracy and honesty in the organization of the race and identification of race results.
4. Races shall be organized according to the procedures stated in the publicized race rules.
Article 25. Race rules
1. Horse racing and greyhound racing betting businesses shall formulate race rules and have such rules approved by the Ministry of Culture, Sports and Tourism before issuing them. Race rules must comply with law and have the following principal contents:
a/ Conditions and criteria for racing horses or racing dogs;
b/ Conditions and criteria for jockeys;
c/ Procedures for registration of racing horses or racing dogs and jockeys;
d/ Procedures for ranking and scheduling races for racing horses or dogs;
dd/ Procedures for examining racing horses or racing dogs and jockeys before and after a race and methods of identifying racing horses or racing dogs and jockeys ineligible for participating in a race;
e/ Responsibilities and powers of horse owners, dog owners, jockeys and referees;
g/ Process of organizing races and method of identifying horses or dogs finishing the race;
h/ Person competent to make final decisions on race results;
i/ Winnings and method of dividing winnings between the betting business and horse owners and dog owners;
k/ Violations and method of handling violations;
l/ Method of settling disputes;
m/ Other contents to meet management requirements of the betting business in accordance with law.
2. At least 5 working days before starting the betting business, a horse racing or greyhound racing betting business shall:
a/ Send its rules to the race supervision council prescribed in Article 29 of this Decree for monitoring and management;
b/ Publicize its rules at racecourses, its head office and fixed bet ticket offices and on its website (if any).
3. Any amendments and supplementations to the race rules shall be approved by the Ministry of Culture, Sports and Tourism. A horse racing or greyhound racing betting business shall send its amended and/or supplemented race rules at least 24 hours before a race starts to the race supervision council for monitoring and management. At the same time, the business shall publicize the amended and/or supplemented or new race rules under Point b, Clause 2 of this Article.
Article 26. Racing horses and racing dogs
1. A betting business shall set out specific criteria for racing horses or racing dogs to participate in races and for organizing horse racing or greyhound racing betting business, including the following:
a/ Racing horses must have been domesticated and trained to race;
b/ Racing dogs must be of greyhound breed which have been domesticated and trained to race.
2. Racing horses or racing dogs participating in a race must be registered in advance with a horse racing or greyhound racing betting business according to the race rules and have their own names and codes for identification when they reach the finishing line.
3. Referees and race supervision councils may request or designate experts to check any racing horses or racing dogs participating in a race if finding it necessary or detecting a sign of cheating. The handling of violations must comply with race rules and relevant regulations.
Article 27. Jockeys
1. Businesses shall set conditions and criteria for jockeys to ride horses in races for use for organizing horse racing betting business, which are subject to approval by the Ministry of Culture, Sports and Tourism before being issued. A jockey must meet the following criteria:
a/ Being an employee as prescribed by the Labor Code;
b/ Possessing a jockey certificate granted by a horse racing betting business or a jockey training institution;
c/ Having no familial relationship, such as a spouse, parent, adoptive parent, child, adopted child or blood sibling, with any person who owns a horse participating in the race.
2. In the course of riding racing horses, jockeys shall fully comply with the race rules. Violating jockeys shall be handled according to the race rules and relevant regulations.
3. At least 5 working days before organizing a horse race, a horse racing betting business shall send the list of jockeys to the race supervision council for monitoring and management.
Article 28. Referees
1. Referees shall be selected by a horse racing or greyhound racing betting business who meet the criteria for referees promulgated by the Ministry of Culture, Sports and Tourism.
2. A business shall arrange a sufficient number of referees to supervise all stages of a race from checking the eligibility of racing horses or racing dogs, leading racing horses or racing dogs to the starting points, monitoring the racing process to identify racing horses or racing dogs crossing the finishing line. Referees shall be organized into a referees’ committee with a chief referee to make final decisions of the committee and take responsibility for all decisions of the committee.
3. At least 5 working days before organizing a horse or dog race, a horse racing or greyhound racing betting business shall send a list of referees to the race supervision council for monitoring and management.
Article 29. Race supervision council
1. People’s Committees of provinces or centrally run cities (below collectively referred to as provincial-level People’s Committees) where racecourses are located shall establish, at the request of provincial-level Finance Departments, race supervision councils to supervise horse races and dog races.
2. A race supervision council must be composed of representatives of the provincial-level Finance Department; Culture, Sports and Tourism Department; Justice Department; Police Department; Agriculture and Rural Development Department, and a representative of the horse racing or greyhound racing betting business. Depending on the scale of betting business and local practical conditions, the provincial-level People’s Committee shall decide on the composition of the race supervision council to ensure its streamlined apparatus and effective operation.
3. A race supervision council has the following functions, tasks and powers:
a/ To inspect the conditions for organizing horse races or greyhound races under Article 24 of this Decree. In case of a betting business that fails to satisfy such conditions, the race supervision council shall make a written record thereof and request the business to suspend the organization of races and report its failure to competent state management agencies for consideration and handling in accordance with law;
b/ To directly supervise the process of organizing horse races or greyhound races according to the publicized race rules;
c/ To sign written records certifying race results;
d/ To perform other functions and tasks as prescribed by law.
4. The operation mechanism of a race supervision council
a/ The race supervision council shall perform the tasks and exercise the powers specified in Clause 3 of this Article;
b/ The supervision and inspection by the race supervision council shall be based on the regulations on betting business, its operation regulation approved by the provincial-level People’s Committee at the request of the provincial-level Finance Department, and publicized race rules;
c/ All members of the race supervision council must be present when the council performs its tasks. In case some members cannot be present for an objective reason, there must be at least 2 other members in addition to the representative of the betting business;
d/ The race supervision council shall operate on the principle of consensus. In case opinions of council members are divergent on the same issue, it shall be handled as follows:
- The decision shall be adopted when it is approved by over 50% of the present council members;
- If the numbers of agreeing and disagreeing members are equal, the decision supported by the council chairperson shall be implemented.
dd/ Members of the race supervision council shall work on a part-time basis, except the representative of the betting business.
5. The Ministry of Finance shall provide detailed guidance on working regulations and payment of remuneration for members of race supervision councils and other contents related to their organization and operation.
Chapter IV
CONDITIONS AND PROCEDURES FOR GRANT OF CERTIFICATES OF ELIGIBILITY FOR BETTING BUSINESS
Section 1
FOR HORSE RACING AND GREYHOUND RACING BETTING
Article 30. Conditions, dossiers and procedures for grant of investment registration certificates for horse or greyhound racecourse investment projects covering horse racing or greyhound racing betting business
1. In addition to the conditions prescribed by the investment law, a horse or greyhound racecourse investment project covering horse racing or greyhound racing betting business must satisfy the following conditions:
a/ The site of the horse or greyhound racecourse to be built conforms to the local socio-economic development master plan;
b/ The investment capital is at least VND 1,000 billion (one trillion) for horse racing betting business, or at least VND 300 billion (three hundred billion) for greyhound racing betting business;
c/ The plan on organization of horse racing or greyhound racing betting business complies with law;
d/ The plan on investment in a technological system, technical equipment and software for business operation ensures their modernity, synchrony, upgradability and precise, safe and stable operation;
dd/ A commitment to complying with Vietnamese and international laws is made;
e/ A commitment to ensuring security and social order and assistance to the community is made.
2. Dossiers and procedures for grant of investment registration certificates for horse or dog racecourse investment projects covering horse racing or greyhound racing betting business must comply with the investment law and relevant laws.
3. In case two or more investors are interested in the same horse or dog racecourse investment project covering horse racing or greyhound racing betting business, the investor to implement such project shall be selected through bidding in accordance with the bidding law.
4. Horse racing or greyhound racing betting businesses shall be organized as limited liability companies or joint-stock companies.
Article 31. Conditions and dossiers of application for certificates of eligibility for horse racing or greyhound racing betting business
1. After completing the procedures for investment registration under Article 30 of this Decree and before organizing horse racing or greyhound racing betting business, a business shall apply for a certificate of eligibility for betting business. Conditions for grant of a certificate of eligibility for horse racing or greyhound racing betting business include:
a/ A horse or dog racecourse has been completely built according to the investment registration certificate or investment policy decision;
b/ A technological system, technical equipment and software for organizing horse or dog races and horse racing or greyhound racing betting business have been fully put into place under this Decree;
c/ There is a feasible plan on horse racing or greyhound racing betting business, method of distribution and places of sale of bet tickets in accordance with this Decree and law.
2. A dossier of application for a certificate of eligibility for horse racing or greyhound racing betting business must comprise:
a/ An application for a certificate of eligibility for betting business;
b/ A certified copy of the investment registration certificate or investment policy decision for the horse or greyhound racecourse investment project covering horse racing or greyhound racing betting business, granted by a competent state management agency in accordance with the investment law, or an uncertified copy enclosed with the original certificate or decision for comparison;
c/ A judicial record card, for the business manager or executive officer;
d/ Documents proving that the business satisfies the conditions prescribed in Clause 1 of this Article;
dd/ A certificate of construction quality standard conformity of the horse or dog racecourse granted by a competent state management agency;
e/ An operation plan with the following principal contents: objectives, types of products, method of distribution and places of sale of bet tickets, frequency of betting, assessment of operation efficiency (turnover, expenses, profits and state budget remittances), environmental impact assessment, solutions to ensuring security, social order and safety, implementation plan and business period;
g/ Draft betting rules, race rules, and internal regulations on anti-money laundering.
Article 32. Procedures for grant of certificates of eligibility for horse racing or greyhound racing betting business
1. A business shall submit 1 dossier of application for a certificate of eligibility for horse racing or greyhound racing betting business to the Ministry of Finance for checking its completeness and validity. Within 5 working days after receiving the dossier, the Ministry of Finance shall notify the business of whether the dossier is complete and valid its request for the business to add documents to the dossier (if necessary) and to send 5 official dossier sets for appraisal.
2. Within 90 days after receiving a complete and valid dossier, the Ministry of Finance shall consider and grant a certificate of eligibility for horse racing or greyhound racing betting business. In case of refusal to grant such a certificate, the Ministry of Finance shall reply in writing, clearly stating the reason.
3. Order and procedures for dossier appraisal
a/ Within 15 days after receiving a complete and valid dossier, the Ministry of Finance shall send it to related agencies, including the Ministry of Culture, Sports and Tourism, Ministry of Planning and Investment, Ministry of Public Security and provincial-level People’s Committee of the locality where the business registers to make investment in a racecourse, for opinion;
b/ Within 30 days after sending the dossier to the above related agencies for opinion, the Ministry of Finance shall form an interdisciplinary working team composed of representatives of the Ministry of Culture, Sports and Tourism, Ministry of Planning and Investment, Ministry of Public Security and provincial-level People’s Committee of the locality where the business registers to make investment in a racecourse to make a field inspection visit to the racecourse construction site, betting business place and head office of the applying business;
c/ Within 15 days after finishing the field inspection, the consulted agencies shall send their written opinions to the Ministry of Finance and take responsibility for their opinions;
d/ After receiving the opinions of the above-mentioned agencies, the Ministry of Finance shall summarize them and consider and decide to grant or refuse to grant a certificate of eligibility of betting business.
4. Contents to be appraised
Pursuant to this Decree, the Ministry of Finance and related agencies, including the Ministry of Culture, Sports and Tourism, Ministry of Planning and Investment, Ministry of Public Security and provincial-level People’s Committee of the locality where a business registers to make investment in a racecourse, shall appraise the dossier against the conditions prescribed in Article 31 of this Decree.
Article 33. Certificates of eligibility for horse racing or greyhound racing betting business
1. A certificate of eligibility for horse racing or greyhound racing betting business must contain the following details:
a/ Name and address of the business;
b/ Serial number and date of grant of the investment registration certificate or investment policy decision or enterprise registration certificate;
c/ At-law representative of the business;
d/ Betting type;
dd/ Address of the racecourse;
e/ Method of bet ticket distribution;
g/ Betting business place;
h/ Validity period;
i/ Other contents to meet management requirements.
2. The validity period of a certificate of eligibility for horse racing or greyhound racing betting business is that requested by the holding business but must not exceed the operation period of the project stated in the investment registration certificate or investment policy decision or 10 years since it becomes effective, except the cases specified in Article 79 of this Decree.
Article 34. Re-grant of certificates of eligibility for horse racing or greyhound racing betting business
1. In case its certificate of eligibility for horse racing or greyhound racing betting business of a business is lost, misplaced or damaged due to a natural disaster or fire or another objective event, a business shall carry out the procedures for re-grant of such certificate.
2. A dossier of request for re-grant of a certificate of eligibility for horse racing or greyhound racing betting business must comprise:
a/ A written request for re-grant of the certificate of eligibility for horse racing or greyhound racing betting business;
b/ A certified copy of the investment registration certificate or investment policy decision granted by a competent state management agency in accordance with the investment law, or an uncertified copy enclosed with the original certificate or decision for comparison;
c/ A certified copy of the enterprise registration certificate granted by a competent state management agency in accordance with the Law on Enterprises, or an uncertified copy enclosed with the original for comparison;
d/ A certified copy of the business’s certificate (if any) of eligibility for horse racing or greyhound racing betting business which is lost, misplaced or damaged.
3. Order and procedures for re-grant of a certificate of eligibility for horse racing or greyhound racing betting business
Within 15 days after receiving a valid dossier, the Ministry of Finance shall consider re-granting a certificate of eligibility for horse racing or greyhound racing betting business to the concerned business, stating the time (first, second, …) of re-grant. The serial number of a re-granted certificate of eligibility for horse racing or greyhound racing betting business is that of the old one.
4. The validity period of a re-granted certificate of eligibility for horse racing or greyhound racing betting business is the remainder of the operation period stated in the granted or last re-granted or modified certificate.
Article 35. Modification of certificates of eligibility for horse racing or greyhound racing betting business
1. If wishing to have any of the contents prescribed in Clause 1, Article 33 of this Decree in its certificate of eligibility for horse racing or greyhound racing betting business modified, a business shall carry out procedures for modification of this certificate.
2. A dossier of request for modification of a certificate of eligibility for horse racing or greyhound racing betting business must comprise:
a/ A written request for modification of a certificate of eligibility for betting business;
b/ A certified copy of the certificate of eligibility for betting business or an uncertified copy enclosed with the original for comparison;
c/ Documents proving the to-be-modified contents of the certificate as prescribed in this Decree and relevant regulations.
3. Order and procedures for modification of a certificate of eligibility for horse racing or greyhound racing betting business
Within 30 days after receiving a valid dossier, the Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourism, Ministry of Planning and Investment, Ministry of Public Security and provincial-level People’s Committee of the locality where the business registers to make investment in building a racecourse in, considering and modifying the business’s certificate of eligibility for betting business, stating the time (first, second, …) of modification.
4. The validity period of a modified certificate of eligibility for horse racing or greyhound racing betting business is the remainder of the operation period stated in the granted or last re-granted or modified certificate.
Article 36. Extension of certificates of eligibility for horse racing or greyhound racing betting business
1. If wishing to continue conducting betting business after its certificate of eligibility for horse racing or greyhound racing betting business expires as prescribed in this Decree, a business shall request extension of this certificate at least 6 months before it expires.
2. Conditions for extension of a certificate of eligibility for horse racing or greyhound racing betting business:
a/ The certificate of eligibility for betting business remains valid for at least 6 months by the date a business makes a written request for extension of the certificate;
b/ The business fully satisfies the conditions prescribed in Clause 1, Article 31 of this Decree;
c/ The business fully satisfies the business conditions as concluded by the examination agency after conducting a periodical examination under Clause 2, Article 78 of this Decree.
3. A dossier of request for extension of a certificate of eligibility for horse racing or greyhound racing betting business must comprise:
a/ A written request for extension of a certificate of eligibility for betting business;
b/ A certified copy of the certificate of eligibility for betting business which remains valid for at least 6 months by the date of making the request;
c/ The documents specified at Points b, c, d, dd and e, Clause 2, Article 31 of this Decree;
d/ A certified copy of the written conclusion on the business’s satisfaction of the business conditions, issued by the examination agency after conducting a periodical examination under Clause 2, Article 78 of this Decree.
4. The order and procedures for extension of a certificate of eligibility for horse racing or greyhound racing betting business must comply with Clauses 1, 2 and 3, Article 32 of this Decree.
5. Contents to be appraised
Pursuant to the provisions of this Decree, the Ministry of Finance shall, together with the Ministry of Culture, Sports and Tourism, Ministry of Planning and Investment, Ministry of Public Security and provincial-level People’s Committee of the locality where the business registers to make investment in building a racecourse, appraise a dossier against the conditions specified in Clause 2 of this Article.
6. The extended period of a certificate of eligibility for horse racing or greyhound racing betting business is that requested by the concerned business but must not exceed the project’s operation period stated in the investment registration certificate or investment policy decision, and must not exceed 10 years from the effective date of the extended certificate.
Article 37. Revocation of certificates of eligibility for horse racing or greyhound racing betting business
1. A business shall have its certificate of eligibility for horse racing or greyhound racing betting business revoked in one of the following cases:
a/ It fails to carry out business activities after 12 months from the date of grant of the certificate;
b/ It dissolves or goes bankrupt as prescribed by law;
c/ It has its investment registration certificate or enterprise registration certificate revoked;
d/ It fails to fully meet the business conditions as concluded by an examination agency under Point a, Clause 2, Article 78 of this Decree;
dd/ It violates all regulations on organization of horse racing or greyhound racing betting business activities as concluded by an examination agency under Point b, Clause 2, Article 78 of this Decree.
2. A certificate of eligibility for horse racing or greyhound racing betting business shall automatically be invalidated and shall be revoked in the case prescribed at Point b or c, Clause 1 of this Article.
3. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourism, Ministry of Planning and Investment, Ministry of Public Security and provincial-level People’s Committee of the locality where the business registers to make investment in building a racecourse in, considering and issuing a decision to revoke a certificate of eligibility for betting business in the cases prescribed at Points a, d and dd, Clause 1 of this Article. This decision shall be notified to the concerned business at least 10 days before the date of revocation.
4. A business shall immediately terminate horse racing or greyhound racing betting business activities at the time its certificate of eligibility for betting business is revoked.
5. The Ministry of Finance shall publicize decisions revoking certificates of eligibility for betting business in the mass media.
Section 2
INTERNATIONAL FOOTBALL BETTING BUSINESS
Article 38. Pilot organization of international football betting business
1. The Government shall permit 1 business to organize international football betting business on a pilot basis for 5 years from the date this business is granted a certificate of eligibility for international football betting business. After the pilot period, the Government shall conduct a review in order to decide whether to further permit or to terminate the pilot international football betting business.
2. To be permitted to organize international football betting business on a pilot basis, a business must satisfy the following conditions:
a/ Having a charter capital of at least VND 1,000 billion (one trillion) or equivalent;
b/ Having a plan on investment in a technological system, technical equipment and software for business operation ensuring their modernity, synchrony, upgradability and precise, safe and stable operation;
c/ Having a feasible plan on horse racing or greyhound racing betting business, method of distribution and places of sale of bet tickets in accordance with this Decree and law;
d/ Making a commitment to observing Vietnamese and international laws;
dd/ Making a commitment to ensuring security and social order and assistance to the community.
3. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Culture, Sports and Tourism, Ministry of Planning and Investment, Ministry of Justice, Ministry of Public Security and related ministries and sectors in, organizing bidding to select a business eligible for organizing international football betting business on a pilot basis in accordance with the Bidding Law.
4. The business selected to organize international football betting business on a pilot basis under Clause 3 of this Article shall carry out investment procedures in accordance with the investment law.
Article 39. Conditions and dossier for grant of a certificate of eligibility for international football betting business
1. The business selected to organize international football betting business on a pilot basis under Article 38 of this Decree shall, before organizing international football betting business activities, apply for a certificate of eligibility for international football betting business.
2. To be granted a certificate of eligibility for international football betting business, a business must have physical and technical foundations ready for the business activities, including a technological system, technical equipment and software for business operation which are modern, synchronous and easily upgradable and operate in a precise, safe and stable manner.
3. A dossier of application for a certificate of eligibility for international football betting business must comprise:
a/ An application for a certificate of eligibility for betting business;
b/ A certified copy of the enterprise registration certificate granted by a competent state management agency in accordance with the law on enterprises, or an uncertified copy enclosed with the original for comparison;
c/ A certified copy of the investment registration certificate or decision on the policy on investment in international football betting business granted by a competent state management agency in accordance with the investment law, or an uncertified copy enclosed with the original for comparison;
d/ Judicial record cards of the business’s manager and executive;
dd/ Documents proving the business’s full satisfaction of the conditions specified in Clause 2 of this Article;
e/ Draft betting rules and internal regulations on anti-money laundering.
Article 40. Order and procedures for grant of a certificate of eligibility for international football betting business
1. A business shall submit 1 set of dossier of application for a certificate of eligibility for international football betting business to the Ministry of Finance which shall check the completeness and validity of the dossier. Within 5 working days after receiving the dossier, the Ministry of Finance shall notify of whether the dossier is complete and valid and its request for the business to supplement documents to the dossier (if necessary) and to send 5 sets of official dossier for appraisal.
2. Within 90 days after receiving a complete and valid dossier, the Ministry of Finance shall consider and grant a certificate of eligibility for betting business. If refusing to grant such a certificate, the Ministry of Finance shall issue a written notice to the business, stating the reason.
3. Order and procedures for dossier appraisal
a/ Within 15 days after receiving a valid dossier, the Ministry of Finance shall send it to the Ministry of Culture, Sports and Tourism, Ministry of Planning and Investment, Ministry of Public Security and provincial-level People’s Committee of the locality where the business makes investment registration, for opinion;
b/ Within 30 days after sending the dossier for opinion, the Ministry of Finance shall form an interdisciplinary working team composed of representatives of the Ministry of Culture, Sports and Tourism, Ministry of Planning and Investment, Ministry of Public Security and provincial-level People’s Committee of the locality where the business makes investment registration to make a field inspection visit to the betting business place and the head office of the applying business;
c/ Within 15 days after finishing the field inspection, the consulted agencies shall send written opinions to the Ministry of Finance and take responsibility for their opinions;
d/ After receiving the opinions of above-mentioned agencies, the Ministry of Finance shall summarize them and consider whether to grant or not to grant a certificate of eligibility for betting business.
4. Contents to be appraised
Pursuant to the provisions of this Decree, the Ministry of Finance shall, together with the Ministry of Culture, Sports and Tourism, the Ministry of Planning and Investment, the Ministry of Public Security, and the provincial-level People’s Committee of the locality where the concerned business makes investment registration, appraise the dossier against the conditions specified in Article 39 of this Decree.
Article 41. Certificate of eligibility for international football betting business
1. A certificate of eligibility for international football betting business must have the contents prescribed at Points a, b, c, d, e, g, h and i, Clause 1, Article 33 of this Decree.
2. The validity period of a certificate of eligibility for international football betting business is 5 years.
Article 42. Revocation of certificates of eligibility for international football betting business
During the pilot organization of international football betting business, if detecting the business’s violation of the investment law or all regulations on organization of international football betting business activities as concluded by an examination agency under Point b, Clause 2, Article 78 of this Decree, the Ministry of Finance shall assume the prime responsibility for, and coordinate with related ministries and sectors in, revoking its certificate of eligibility for international football betting business.
Chapter V
INFORMATION, ADVERTISING AND SALES PROMOTION
Article 43. Information provision
1. Businesses shall publicly inform bettors of the racing rules, betting rules and information relating to betting events as well as results of betting events for identifying winners.
2. Businesses shall fully and promptly provide information and data relating to betting business activities at the request of competent state management agencies.
3. Businesses shall take responsibility for the accuracy and truthfulness of the information they have publicized and provided. Information relating to betting events must be truthful and from clear sources.
Article 44. Advertising
1. Only businesses with a certificate of eligibility for betting business under this Decree and businesses specified in Clause 1, Article 79 of this Decree may advertise betting business-related activities.
2. The advertising of betting business-related activities must comply with the advertising law. Advertising contents include:
a/ Name and address of the betting business;
b/ Names of betting products and betting events;
c/ Eligible bettors as defined in Article 7 of this Decree.
3. Betting businesses may only advertise by placing advertisement boards and signboards inside their head offices, and racecourses and fixed bet ticket offices, ensuring that persons outside these places can neither hear nor see the advertising contents. Businesses may not advertise activities related to horse racing, greyhound racing or international football betting business in any forms other than the forms prescribed in this Article and shall comply with the advertising law.
Article 45. Sales promotion
Businesses may not offer sales promotion policies in any form for bettors in the course of betting business.
Chapter VI
FINANCE, ACCOUNTING AND AUDIT
Article 46. Financial regulations
1. The fiscal year of businesses must comply with the accounting law.
2. Businesses shall pay taxes and other contributions to the State in accordance with current laws and the guidance of the Ministry of Finance.
3. The Ministry of Finance shall provide guidance on financial management mechanisms suitable to the specific characteristics of betting business activities.
Article 47. Accounting and reporting
1. The accounting regime and financial statements of businesses must comply with law and the guidance of the Ministry of Finance.
2. Businesses shall separately account revenues and expenditures related to their licensed betting business activities. If their revenues and expenditures are associated with other business activities, businesses shall allocate them under the guidance of the Ministry of Finance.
3. Businesses shall report on professional operations according to regulations of the Ministry of Finance.
Article 48. Audit, disclosure of financial statements
1. Businesses’ financial statements shall be audited on an annual basis.
2. After the end of a fiscal year, businesses shall disclose their financial statements in accordance with law.
Chapter VII
SANCTIONING OF ADMINISTRATIVE VIOLATIONS
Article 49. General provisions on sanctioning of administrative violations
1. This Chapter provides acts of administrative violation, sanctioning forms and levels, remedial measures, sanctioning competence, and specific fines that may be imposed by holders of different titles for violations in betting business activities.
2. Organizations and individuals involved in betting business activities that commit acts of administrative violation in other fields regulated by other legal documents shall be administratively sanctioned under relevant laws.
Article 50. Forms of administrative sanctioning and remedial measures
1. Principal sanctions for violations in betting business activities include:
a/ Warning;
b/ Fine.
The maximum fine to be imposed on an individual or organization committing an act of administrative violation in betting business activities is VND 100,000,000 or VND 200,000,000, respectively.
Fines for acts of administrative violation prescribed in this Decree shall be imposed on organizations, except those specified in Article 55 of this Decree which shall be imposed on individuals only.
The fine to be imposed on an individual is half of the fine imposed an organization for the same act of violation.
2. Additional sanction for violations in betting business activities:
Deprivation of the right to use the certificate of eligibility for betting business for a given period of time.
3. In addition to the sanctions prescribed in Clauses 1 and 2 and this Article, depending on the nature and severity of their violations, violators may also be forced to take either or both of the following remedial measures:
a/ Correcting inadequate or incorrect information it has provided or publicized.
b/ Delivering illegal gains it has acquired from commission of administrative violations to the State.
Article 51. Acts of violating regulations on management and use of certificates of eligibility for horse racing, greyhound racing or international football betting business
1. A fine of between VND 90,000,000 and VND 100,000,000 shall be imposed for tampering with a certificate of eligibility for betting business.
2. A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for leasing, lending or transferring a certificate of eligibility for betting business.
3. A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for conducting betting business without a certificate of eligibility for betting business, except the businesses specified in Clause 1, Article 79 of this Decree.
4. Additional sanction:
Deprivation of the right to use the certificate of eligibility for betting business for between 6 months and 12 months for the act of administrative violation prescribed in Clause 2 of this Article.
5. Remedial measure:
Forcible delivery of illegal gains acquired from commission of the acts of administrative violation prescribed in Clauses 2 and 3 of this Article to the State.
Article 52. Acts of violating regulations on scope of business
1. A fine of between VND 130,000,000 and VND 150,000,000 shall be imposed for either of the following acts of violation:
a/ Colluding with illegal betting partners to share risks;
b/ Providing information on odds without the consent or authorization of a betting business.
2. A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for either of the following acts of violation:
a/ Conducting betting business beyond the scope licensed by a competent state management agency under law;
b/ Taking advantage of results of betting events to place bets or organize illegal betting business.
3. Additional sanction:
Deprivation of the right to use the certificate of eligibility for betting business for between 6 months and 12 months for the act of administrative violation prescribed in Clause 2 of this Article.
4. Remedial measure:
Forcible delivery of illegal gains acquired from commission of the acts of administrative violation prescribed in this Article to the State.
Article 53. Acts of violating regulations on betting types and betting products
1. A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for trading in betting products at variance with Article 6 of this Decree.
2. Additional sanctions:
a/ Deprivation of the right to use the certificate of eligibility for betting business for between 6 months and 12 months for the act of administrative violation prescribed in Clause 1 of this Article;
b/ Deprivation of the right to use the certificate of eligibility for betting business for between 12 months and 18 months for repeating the act of administrative violation prescribed in this Article.
3. Remedial measure:
Forcible delivery of illegal gains acquired from commission of the act of administrative violation prescribed in this Article to the State.
Article 54. Acts of violating regulations on management of bettors
1. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for selling bet tickets to persons not permitted to place bets as defined in Clause 2, Article 7 of this Decree.
2. A fine of between VND 90,000,000 and VND 100,000,000 shall be imposed for lending money to bettors for placing bets.
3. Remedial measure:
Forcible delivery of illegal gains acquired from commission of the acts of administrative violation prescribed in this Article to the State.
Article 55. Acts of violating regulations on obligations of bettors
1. Warning shall be served on a person who buys at his/her own discretion a bet ticket although he/she is not permitted to place bets as prescribed in Clause 2, Article 7 of this Decree.
2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for tampering a bet ticket in order to receive winnings.
3. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for any of the following acts of violation:
a/ Forging bet tickets to receive winnings;
b/ Making arrangements to falsify the result of a betting event;
c/ Forging the winning result.
4. Remedial measure:
Forcible delivery of illegal gains acquired from commission of the acts of administrative violation prescribed in Clauses 2 and 3 of this Article to the State.
Article 56. Acts of violating regulations on formulation, issuance and publicization of racing regulations and betting rules
1. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for either of the following acts of violation:
a/ Failing to send the betting rules to a competent state management agency under Article 9 of this Decree;
b/ Failing to send the racing rules to the race supervision council under Article 25 of this Decree.
2. A fine of between VND 90,000,000 and VND 100,000,000 shall be imposed for either of the following acts of violation:
a/ Failing to publicize the betting rules under Article 9 of this Decree;
b/ Failing to publicize the racing rules to the race supervision council under Article 25 of this Decree.
3. A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for either of the following acts of violation:
a/ Failing to formulate and issue the betting rules under Article 9 of this Decree;
b/ Failing to formulate and issue the racing regulations under Article 25 of this Decree.
4. Additional sanction:
Deprivation of the right to use the certificate of eligibility for betting business for between 6 months and 12 months for the acts of administrative violation prescribed in Clause 3 of this Article.
Article 57. Acts of violating regulations on fixed bet ticket offices
1. A fine of between VND 90,000,000 and VND 100,000,000 shall be imposed for establishing a fixed bet ticket office at variance with Article 14 of this Decree.
2. Remedial measure:
Forcible delivery of illegal gains acquired from commission of the acts of administrative violation prescribed in this Article to the State.
Article 58. Acts of violating regulations on methods of distributing bet tickets
1. A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for using methods of distributing bet tickets not licensed by a competent state management agency for betting business under law.
2. Additional sanctions:
a/ Deprivation of the right to use the certificate of eligibility for betting business for between 6 months and 12 months for the act of administrative violation prescribed in Clause 1 of this Article;
b/ Deprivation of the right to use the certificate of eligibility for betting business for between 12 months and 18 months for repeating the act of administrative violation prescribed in Clause 1 of this Article.
3. Remedial measure:
Forcible delivery of illegal gains acquired from commission of the acts of administrative violation prescribed in this Article to the State.
Article 59. Acts of violating regulations on frequency of organizing bets and time of taking bets
1. A fine of between VND 90,000,000 and VND 100,000,000 shall be imposed for violating regulations on the time of taking bets.
2. A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for violating regulations on the frequency of organizing bets.
3. Additional sanction:
Deprivation of the right to use the certificate of eligibility for betting business for between 6 months and 12 months for the act of administrative violation prescribed in Clause 2 of this Article.
4. Remedial measure:
Forcible delivery of illegal gains acquired from commission of the acts of administrative violation prescribed in this Article to the State.
Article 60. Acts of violating regulations on bet tickets
1. A fine of between VND 90,000,000 and VND 100,000,000 shall be imposed for providing bet tickets that lack the details and information prescribed by law.
2. A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for providing bet tickets with a face value lower than the minimum bet or higher than the maximum bet prescribed by law.
3. Additional sanction:
Deprivation of the right to use the certificate of eligibility for betting business for between 6 months and 12 months for the act of administrative violation prescribed in Clause 2 of this Article.
4. Remedial measure:
Forcible delivery of illegal gains acquired from commission of the acts of administrative violation prescribed in this Article to the State.
Article 61. Acts of violating regulations on bet ticket-selling agents
1. A fine of between VND 20,000,000 and VND 30,000,000 shall be imposed for failing to comply with regulations on security for the payment obligation of bet ticket sale agents under the law on secured transactions.
2. A fine of between VND 90,000,000 and VND 100,000,000 shall be imposed for signing agency contracts with individuals or organizations that fail to fully satisfy the conditions for acting as agents prescribed in Article 18 of this Decree.
Article 62. Acts of violating regulations on winning payment, payout rate and winning payment methods
1. A fine of between VND 10,000,000 and VND 20,000,000 shall be imposed for failing to comply with regulations on the time of paying winnings to winning bettors.
2. A fine of between VND 90,000,000 and VND 100,000,000 shall be imposed for any of the following acts of violation:
a/ Intentionally notifying winning results which are untrue to those stated in the written certification of the race supervision council or conclusion of the chief referee of an international football match, or to the results officially announced for the first time by the event organizing committee;
b/ Applying winning payment methods in contravention of Article 10 of this Decree;
c/ Formulating a payout rate lower than the minimum rate prescribed in Article 11 of this Decree;
d/ Certifying winning amounts for improper persons or different from actual winnings.
3. Remedial measure:
Forcible delivery of illegal gains acquired from commission of the acts of administrative violation prescribed in this Article to the State.
Article 63. Acts of violating regulations on organization of horse races or greyhound races
1. A fine of between VND 90,000,000 and VND 100,000,000 shall be imposed for violating this Decree’s provisions on racing horses, racing dogs, jockeys and referees.
2. A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for violating the provisions on organization of horse races and greyhound races in Article 24 of this Decree.
3. Additional sanction:
Deprivation of the right to use the certificate of eligibility for betting business for between 3 months and 6 months for the act of administrative violation prescribed in Clause 2 of this Article.
Article 64. Acts of violating regulations on information disclosure and provision
1. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for disclosing or providing inadequate or inaccurate information.
2. Remedial measure:
Forcible correction of inadequate or inaccurate information for the acts of administrative violation prescribed in this Article.
Article 65. Acts of violating regulations against money laundering
1. A fine of between VND 40,000,000 and VND 50,000,000 shall be imposed for any of the following acts of violation:
a/ Failing to update customer identification information;
b/ Failing to issue a risk management process for new technology-involving transactions;
c/ Failing to classify customers by money laundering risk;
d/ Having no risk management system for identifying individual foreign customers who have political influence;
dd/ Failing to review customers against the warning lists before establishing transactions;
e/ Failing to report on large-value transactions, suspicious transactions or money laundering acts aiming to finance terrorism.
2. A fine of between VND 90,000,000 and VND 100,000,000 shall be imposed for any of the following acts of violation:
a/ Failing to apply measures to delay transactions, block accounts, or seal up or temporarily seize assets under decisions of competent state management agencies;
b/ Failing to formulate and issue internal regulations on anti-money laundering;
c/ Organizing or facilitating acts of money laundering.
3. Additional sanction:
Deprivation of the right to use the certificate of eligibility for betting business for between 3 months and 6 months for the acts of administrative violation prescribed in Clause 2 of this Article.
Article 66. Acts of violating regulations on sales promotion
1. A fine of between VND 180,000,000 and VND 200,000,000 shall be imposed for intentionally implementing sales promotion policies for bettors.
2. Additional sanction:
Deprivation of the right to use the certificate of eligibility for betting business for between 6 months and 12 months for the act of administrative violation prescribed in this Article.
Article 67. Acts of violating reporting regulations
1. Warning shall be imposed for either of the following acts of violation:
a/ Failing to send or fully send reports to competent state management agencies in accordance with law;
b/ Sending reports to competent state management agencies after the deadline prescribed by law.
2. A fine of between VND 5,000,000 and VND 10,000,000 shall be imposed for reporting inadequate or inaccurate information or data to competent state management agencies.
3. Remedial measure:
Forcible correction of inadequate or inaccurate information for the act of administrative violation prescribed in Clause 2 of this Article.
Article 68. Sanctioning competence and competence to make written records of administrative violations
1. On-duty inspectors of financial inspectorates at all levels may impose warnings.
2. Chiefs of Inspectorates of provincial-level Finance Departments may:
a/ Impose warnings;
b/ Impose fines of up to VND 50,000,000;
c/ Apply the remedial measures prescribed in Clause 3, Article 50 of this Decree.
3. Heads of specialized inspection teams of the Ministry of Finance may:
a/ Impose warnings;
b/ Impose fines of up to VND 140,000,000;
c/ Apply the remedial measures prescribed in Clause 3, Article 50 of this Decree.
4. The Chief of the Inspectorate of the Ministry of Finance may:
a/ Impose warnings;
b/ Impose fines of up to VND 200,000,000;
c/ Deprive of the right to use the certificate of eligibility for betting business for a given period of time in accordance with this Decree;
d/ Apply the remedial measures prescribed in Clause 3, Article 50 of this Decree.
5. The fine levels prescribed in this Article shall be imposed on organizations, which shall be halved when imposed on individuals.
6. In addition to the persons with sanctioning competence defined in Clauses 1 thru 4 of this Article, those competent to sanction administrative violations under provincial-level People’s Committees or public security agencies as prescribed by the law on handling of administrative violations shall, when detecting acts of administrative violation in betting business activities or in geographical areas under their management, apply the provisions of this Decree to sanction the violations within the ambit of their functions and tasks.
7. Competent to make written records of administrative violations are persons with sanctioning competence defined in this Article and civil servants and public employees on duty.
Chapter VIII
STATE MANAGEMENT, EXAMINATION AND INSPECTION
Article 69. The Government
1. The Government shall perform the unified state management of betting business.
2. The Ministry of Finance shall study and report to the Government for promulgation policies on management of betting business activities according to its competence.
Article 70. The Prime Minister
To decide to select a number of provinces and centrally run cities where international football betting business may be organized on a pilot basis under Point a, Clause 2, Article 13 of this Decree.
Article 71. The Ministry of Finance
To take responsibility before the Government for performing the state management of betting business, specifically as follows:
1. To study, formulate and submit to competent authorities for promulgation policies on management of betting business activities.
2. To promulgate, and guide the implementation of, legal documents on betting business according to its competence.
3. To grant, re-grant, modify, extend and revoke certificates of eligibility for betting business.
4. To conduct examination and inspection and handle violations of the law on betting business within the ambit of its powers defined in this Decree and by law.
5. To perform other tasks in betting business activities as assigned by the Government or the Prime Minister in accordance with this Decree and law.
Article 72. The Ministry of Planning and Investment
1. To examine, supervise and inspect investment activities of betting business projects in accordance with the investment law.
2. To coordinate with the Ministry of Finance in considering and advising on the grant, modification, extension and revocation of certificates of eligibility for betting business.
3. To coordinate with the Ministry of Finance and related ministries, sectors and localities in managing, supervising and examining betting business activities.
Article 73. The Ministry of Public Security
1. To promulgate or propose competent authorities to promulgate, amend and supplement legal documents, and guide and examine the implementation of regulations on assurance of security, order and safety in betting business activities.
2. To assume the prime responsibility for, and coordinate with related agencies and organizations in, combating money laundering crimes in betting business activities in accordance with law.
3. To coordinate with the Ministry of Finance in considering and advising on the grant, modification, extension and revocation of certificates of eligibility for betting business.
4. To coordinate with the Ministry of Finance and related ministries, sectors and localities in managing, supervising and examining betting business activities.
Article 74. The Ministry of Culture, Sports and Tourism
1. To announce the list of international football matches and tournaments selected for international football betting business in accordance with this Decree.
2. To coordinate with the Ministry of Finance in considering and advising on the grant, modification, extension and revocation of certificates of eligibility for betting business.
3. To coordinate with the Ministry of Finance and related ministries, sectors and localities in managing, supervising and examining betting business activities.
4. To approve horse racing or greyhound racing rules; to approve conditions and criteria for jockeys and issue professional regulations on criteria for referees and supervisors and operation conditions of organizers of horse racing or greyhound racing activities in accordance with this Decree.
Article 75. The Ministry of Information and Communications
1. To direct internet service providers, network infrastructure operators, online social networking service providers, and telecommunications businesses to prevent the illegal provision of betting services via computer networks, telecommunications networks or the Internet at the request of the Ministry of Public Security.
2. To assume the prime responsibility for, and coordinate with related state management agencies in, directing press agencies and communication agencies in providing information on the state management of betting business activities; to enhance public communication work and mobilize people not to organize or participate in illegal betting activities.
Article 76. The State Bank of Vietnam
To coordinate with the Ministry of Finance and related ministries, sectors and localities in managing, supervising and examining betting business activities.
Article 77. Provincial-level People’s Committees
1. To manage betting business activities in their localities in accordance with this Decree and law.
2. To coordinate with the Ministry of Finance in considering and advising on the grant, re-grant, modification, extension and revocation of certificates of eligibility for betting business.
3. To form race supervision councils for managing and supervising the organization of horse racing or greyhound racing activities by businesses in their localities.
4. To examine and inspect betting business activities in their localities in accordance with this Decree and law.
5. To perform other tasks in accordance with this Decree and law.
Article 78. Examination and inspection
1. Examination and inspection by competent state management agencies may be conducted on a periodical or an extraordinary basis. Extraordinary examination or inspection shall be conducted only upon detecting signs of violation of law, serving the settlement of complaints and denunciations or anti-corruption work, or when assigned by heads of competent state management agencies.
2. The Ministry of Finance shall assume the prime responsibility for, and coordinate with the Ministry of Planning and Investment, Ministry of Public Security, Ministry of Culture, Sports and Tourism, related ministries and sectors, and provincial-level People’s Committees of localities where there are businesses that are granted investment registration certificates in, conducting periodical examinations once every 2 years in order to consider whether to permit these businesses to continue operating or to revoke their certificates of eligibility for betting business, or propose competent state management agencies to consider and settle in accordance with law. Contents to be examined include:
a/ Whether a business fully satisfies the conditions for grant of a certificate of eligibility for betting business prescribed in Articles 31 and 39 of this Decree.
Particularly, the businesses defined in Clause 1, Article 79 of this Decree shall be examined to see whether they fully satisfy the conditions for doing betting business in order to be licensed by a competent state management agency in accordance with law.
b/ Whether a business fully and strictly complies with this Decree’s provisions on organization of betting business activities regarding:
- Betting products, bet limits; methods of distributing bet tickets, places of issuance of bet tickets, frequency of organizing bets, and time of taking bets;
- Observance of racing rules, racing horses, racing dogs, jockeys and referees (applicable to horse racing and greyhound racing betting business);
- Management of bettors, observance of betting rules and internal regulations on anti-money laundering;
- Compliance with regulations on finance, accounting, and payments to the state budget.
3. Provincial-level People’s Committees or public security agencies shall conduct extraordinary examinations when detecting signs of violation of regulations on bettors or assurance of security, order and safety or when receiving criminal reports related to businesses.
4. The examination and inspection of businesses regarding their performance of the tax obligations must comply with law.
Chapter IX
ORGANIZATION OF IMPLEMENTATION
Article 79. Transitional provisions
1. Businesses that have been granted investment registration certificates or enterprise registration certificates covering horse racing or greyhound racing betting business activities or written permissions (including pilot permissions) for horse racing or greyhound racing betting business before the effective date of this Decree and have organized horse racing or greyhound racing betting business activities may continue conducting these activities under such certificates or written permissions. If wishing to obtain a certificate of eligibility for horse racing or greyhound racing betting business, a business shall carry out procedures as follows:
a/ A dossier of application for a certificate of eligibility for betting business must comprise:
- An application for a certificate of eligibility for betting business;
- A certified copy of the valid investment registration certificate or enterprise registration certificate covering horse racing or greyhound racing betting business activities or a competent state management agency’s written permission for horse racing or greyhound racing betting business, or an uncertified copy enclosed with the original for comparison;
- The documents specified at Points c, e and g, Clause 2, Article 31 of this Decree.
b/ The business shall submit 1 set of dossier of application for a certificate of eligibility for betting business to the Ministry of Finance. Within 15 days after receiving a valid and complete dossier from the business, the Ministry of Finance shall check the dossier and decide to grant a certificate of eligibility for betting business to the business, which must specify:
- Types of betting, methods of distributing bet tickets and betting business places as specified in the investment registration certificate or enterprise registration certificate or a competent state management agency’s written permission. If such certificate or written permission does not contain these contents, the provisions of this Decree shall apply.
- The validity period of a certificate of eligibility for betting business must not exceed the remainder of the operation period stated in the investment registration certificate or enterprise registration certificate or a competent state management agency’s written permission. If such certificate or written permission does not specify the operation period, the validity period of a certificate of eligibility for betting business must comply with Article 33 of this Decree.
2. For businesses that have been granted investment registration certificates or enterprise registration certificates covering horse racing or greyhound racing betting business or written permissions for horse racing or greyhound racing betting business before the effective date of this Decree but have not yet organized betting business activities:
Before organizing horse racing or greyhound racing betting business activities, such a business shall carry out procedures for grant of a certificate of eligibility for betting business in accordance with this Clause.
a/ Conditions for a business to obtain a certificate of eligibility for betting business:
- Having a still valid investment registration certificate or enterprise registration certificate covering horse racing or greyhound racing business, or a competent state management agency’s written permission for horse racing or greyhound racing business;
- Fully satisfying the conditions for horse racing or greyhound racing betting business specified in the investment registration certificate or enterprise registration certificate or a competent state management agency’s written permission for horse racing or greyhound racing business. If such certificate or written permission does not specify those conditions, the business must fully satisfy the conditions specified in Clause 1, Article 31 of this Decree.
b/ A dossier of application for a certificate of eligibility for betting business must comprise:
- An application for a certificate of eligibility for betting business;
- A certified copy of the valid investment registration certificate or enterprise registration certificate covering betting business activities or a competent state management agency’s written permission for betting business, or an uncertified copy enclosed with the original for comparison;
- The documents proving the business’s full satisfaction of the conditions for horse racing or greyhound racing betting business (if any) specified in the investment registration certificate or enterprise registration certificate or a competent state management agency’s written permission for horse racing or greyhound racing betting business. If such certificate or written permission does not specify those conditions, the business shall submit a dossier prescribed at Point d, Clause 2, Article 31 of this Decree;
- The documents specified at Points c, dd, e and g, Clause 2, Article 31of this Decree.
c/ The order and procedures for grant of a certificate of eligibility for betting business must comply with Clauses 1, 2 and 3, Article 32 of this Decree.
d/ Contents to be appraised
Pursuant to the provisions of this Decree, the Ministry of Finance and the agencies defined in Clause 3, Article 32 of this Decree shall appraise a dossier of application for a certificate of eligibility for betting business against the conditions specified at Point a of this Clause, specifically as follows:
- Types of betting, methods of distributing bet tickets and betting business places as specified in the investment registration certificate or enterprise registration certificate or a competent state management agency’s written permission. If such certificate or written permission does not contain these contents, the provisions of this Decree shall apply.
- The validity period of a certificate of eligibility for betting business must not exceed the remainder of the operation period stated in the investment registration certificate or enterprise registration certificate or a competent state management agency’s written permission. If such certificate or written permission does not specify the operation period, the validity period of a certificate of eligibility for betting business must comply with Article 33 of this Decree.
Article 80. Implementation provisions
1. This Decree takes effect on March 31, 2017.
2. The Minister of Finance shall assume the prime responsibility for, and coordinate with related ministries and sectors in, detailing the contents of this Decree as assigned.
3. Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of provincial-level People’s Committees, and related organizations and individuals shall implement this Decree.-
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Prime Minister |
(Signed) |
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Nguyen Xuan Phuc |