Circular 15/2014/tt-Nhnn: Guide To Foreign Exchange Management With Business Activities In The Electronic Games Are Rewards For Foreigners

Original Language Title: Thông tư 15/2014/TT-NHNN: Hướng dẫn về quản lý ngoại hối đất với hoạt động kinh doanh trò chơi điện tử có thưởng dành cho người nước ngoài

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THE STATE BANK OF VIETNAM
Number: 15 /2014/TT-NHNN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, July 24, 2014

IT ' S SMART

Oh. It ' s a big deal, and we ' re going to have to do foreign exchange management.

An electronic reward for the foreigners. i

________________

Vietnam State Bank Law School No. 46 /2010/QH12 June 16, 2010;

The Code of Credit: 47 /2010/QH12 June 16, 2010;

The foreign exchange commander. 28 /2005/PL-UBTVQH11 December 13, 2005 and French Order No. 06 /2013/UBTVQH13 March 18, 2013 amendment, adding some of the provisions of the Foreign Exchange Ordination;

Base of Protocol 86 /2013/NĐ-CP July 29, 2013 of the Government of the Electronic Game Business has a reward for foreigners;

The base of the decree. 156 /2013/NĐ-CP November 11, 2013 the Government regulates the functions, duties, powers, and organizational structure of the State Bank of Vietnam;

On the recommendation of the Chief of Foreign Exchange Management;

The Governor of the State Bank of Vietnam issued a foreign exchange management for foreign exchange management activities for foreigners.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information guidance on foreign exchange management for e-gaming business is awarded to foreigners.

What? 2. Subject applies

1. Electric gaming business is awarded to foreigners (later known as business).

2. Individuals are allowed to play at the Electronic Game Business Point that rewards foreigners (later called players).

3. Commercial banking, foreign bank branch business, and foreign exchange service in Vietnam (later called a permitted bank).

4. Organization, other individuals are involved in the gaming business that rewards foreigners.

What? 3. Receive and use foreign currency payout

Players receive a monetary reward and use the same amount of payment as follows:

1. The case of the player receiving the cash reward with cash currency:

a) Being sold foreign currency to the bank is allowed to take Vietnam;

b) The amount of cash foreign currency paid abroad through the permitted bank;

c) The bank is allowed to be confirmed to bring the amount of foreign currency to foreign exchange in accordance with the provisions of this Article 14.

d) To be filed with a cash-paid foreign currency into an open player's currency payment account in the permitted bank.

2. The case of the player receiving payment in foreign currency transfers:

a) The number of paid foreign currency transferred from the business 's foreign currency account to the player' s foreign currency payment account opened at the permitted bank;

b) The amount of return payment is transferred from the business ' s foreign currency account to the account of the open player abroad.

3. The player can authorize the business to contact the bank to be allowed to make foreign exchange transactions, transfer of foreign currency, obtain a certificate granting foreign currency foreign currency according to this privacy regulation.

What? 4. Concurrency

1. The price of the currency coins is to be written in Vietnam or by a type of foreign currency. The business makes a price of currency currency convention to Vietnam or foreign currencies, the rate of base conversion according to the bank's listing rate is allowed where the business is open to foreign currency accounts.

2. The player is exchanged for currency or Vietnamese currency in the event of not playing out or winning a contract with the convention at the business and is used in foreign currency exchange from the convention currency to carry out regulatory transactions in the country. Third of all.

What? 5. Range of revenue, foreign currency and other foreign exchange activities for the business.

1. Except for the specified case at paragraph 2 This, the State Bank of Vietnam (later known as the State Bank) grants the obtained license, foreign currency, and other foreign exchange activities (later called a License) for the business within the following range:

a) A cash income from the sale of the coin.

b) The cash currency from the gaming machine has a reward for the player's direct cash income;

c) Capture the transfer from the player ' s overseas account to move in;

d) The foreign currency of the currency or the transfer of the amount paid to the player winning;

) Spend cash returns on cash or transfers into an open player's currency payment account in the bank permitted in Vietnam or transferred to the player's overseas account in case the player does not play out of copper. The money was made.

e) The return to foreign currency transfers into the player's overseas account in case the player uses no foreign currency transferred from abroad into the business ' s foreign currency account;

g) Other foreign exchange activities under the regulation at this Smart include: open and use foreign currency accounts; cash currency funds; confirm the player's prize money.

2. The collection, limb, and implementation of other foreign exchange activities concerning the currency of the country with the same borders are only made in the Border Area, the Regional Economic Zone between Vietnam and the country with the same borders. The State Bank grants the collection, spending and other foreign exchange activities on the currency of the country with the same borders to the business according to the provisions of this one Article. Order and procedure level, level, adjustment, extension, license recovery in accordance with regulation at Article 10, Article 11, Article 12 of this Information.

What? 6. Open and use the foreign currency account

The business is licensed by the State Bank to open 1 (one) a dedicated account for each type of foreign currency at 1 (one) the bank is allowed and is made of receivable transactions, the foreign currency is as follows:

1. Thu:

a) The cash currency on account in the case of cash foreign currency revenues from the sale of the convention currency, from the gaming machine that rewards the amount of funds that are under regulation at this Article 8;

b) Capture the transfer from the player's overseas account;

c) Colleconation from the business ' s foreign currency payment account by regulation at paragraph 2 Article 7 to meet the need for reward or the need for a specified cash currency specified at paragraph 2 This.

2. Chi:

a) The cost of an open player's currency payment account in the bank is permitted in Vietnam or abroad in the event that the player is rewarded or played without the sum of money;

b) The remaining foreign currency payments to the player's overseas account in case the player does not use all the foreign currency has moved from the player's overseas account to the business ' s foreign currency account;

c) The cash withdrawal to maintain the amount of cash currency that exists by regulation at 1 Article 8 This Information;

d) The cost of the bank is allowed;

The cost of the business's foreign currency is in accordance with the provisions of Article 7 of this.

What? 7. The currency transfer between the payment account and the business ' s foreign currency account.

1. Enterprise is transferred from foreign currency to an open foreign currency payment account in the permitted bank.

2. The case of cash foreign currency and foreign currency on foreign currency account is not enough to meet the need to pay or the need for a regulatory cash withdrawal specified at the point a, b, c a 2 Article 6 This Information, the business is transferred. foreign currency from the foreign currency account to foreign currency account.

What? 8. Money foreign currency.

1. The business is maintained a daily amount of cash-to-date (prescribed at the license) on the basis of calculating the amount of cash currency needed to meet the need for reward spending and the need to return the cash currency to the player in cash. You know, the case doesn't run out of money.

2. On the day of the next working day since the day of the cash foreign currency revenue from the gaming business that rewards the fund, the business has to pay off the cash foreign currency to the bank of the fund. It is permitted to rule in Article 6 of this.

What? 9. Credit Card Payment

The business is accepted by the player's credit card for the sale of the convention currency when participating in the bonus video games. The business is received only by Vietnamese copper from the card payment bank.

Chapter II

THE PROCEDURE OF COLLECTING PERMITS, FOREIGN CURRENCY AND OTHER FOREIGN EXCHANGE OPERATIONS

What? 10. Licensing Procedure

1. After being granted the authority to grant a Certificate in Certificate of Qualified Video Game Business, the business has a need for procurement, foreign currency and other foreign exchange activities prescribed at this Smart to send 2 (two) of the filing by filing form. Directly or sent via post office to the Provincial State Bank of the province, the Central City of the Central (later called the Provincial State Bank of the Province, City) on the site where the business places an award-rewarded video game business. For foreigners. The profile consists of:

a) A license to issue a License (in accordance with Appendix 01);

b) The copy of the Certificate of Investment Certificate or Corporate Registration Certificate;

c) The copy of the Certificate in Certificate of Qualified Video Game Business;

d) Management rules, internal control over revenues, foreign currency, by the law of the firm's contracting business.

2. In the 15 (fifteen) days of work since the date of the filing of the business, the State Bank branch of the provincial branch, the city is responsible for the full and valid audit of the filing and deposit of 01 (one) the case to the State Bank (the Management Case). Foreign exchange) is accompanied by a written opinion of the Bank of the State Bank of the province, the city on the record component.

3. During the 30 (thirty) days of work since the date received full of prescribed records, the State Bank reviewed and issued a license (according to the template at Annex 02). In the case of rejection, the State Bank of State notified by text stating the reason to refuse to send the business.

4. The duration of the license is consistent with the deadline of the Certificate of Eligible E-gaming Business of the business and maximum not more than 10 years from the date of the Certificate of eligible video game business in effect. Go.

What? 11. The procedure, adjust, renew the License.

1. Level the License

a) The case of the lost, lost, damaged, natural or other objective cause, the business had to send 02 (two) the case of the proposed file reissued the license by the form of direct submission or sent through the post to the Bank of Housing. The provincial branch of the province, the city on the site where the business places the gaming business Point is rewarded for foreigners. The profile consists of:

-The application to regrant the License, which states the reason for the proposed reissue (in accordance with the Annex 3);

-A copy of the Certificate of Investment Certificate or Corporate Registration Certificate;

-A copy of the Certificate of Certificate of Electronic Gaming Business;

-A copy of the license certificate has been granted in effect (if any);

-Text, proof ID of the license that was lost, lost, damaged (if any);

b) The procedure to submit a record to the State Bank (the Foreign Exchange Management) implementation pursues Article 10 of this Information;

c) The procedure of issuing a Certificate in accordance with regulation at paragraph 3 Article 10 This Information;

d) The deadline of the License to be granted is the remaining deadline of the license issued at the nearest time.

2. The License adjustment

a) The business is governed the License in the following cases:

-Change of business name;

-Changing the bank is allowed where the business opens a foreign currency account;

-Change of cash currency.

b) The business has the need to adjust the contents of the Certificate of 602 (two) of the case set to adjust the License by filing directly or to send through the postal route to the Provincial State Bank branch of the province, the city on the site where the business is located. An electronic gaming business is awarded to foreigners. The profile consists of:

-The application adjuvpoints the License, which states the reason for the adjustment offer (in accordance with the Annex 3);

-The license certificate has been granted in effect;

-Text, formal documents that adjust the regulation in accordance with the regulation at the point of paragraph 2 This is (if any);

c) The procedure to submit the case to the State Bank (Foreign Exchange Management) implemented under the provisions of Article 2 Article 10 This message;

d) The procedure of issuing a Certificate in accordance with regulation at paragraph 3 Article 10 This article;

p) The deadline for the License to be adjusted is the remaining deadline of the license issued at the nearest time;

e) The case of changing the bank is allowed where the business is open to a foreign currency account, in the period 05 (year) day of work since being governed by the license, the business must open a new dedicated account and transfer the remaining foreign currency from it. a former professional account to a new dedicated account or a foreign currency payment account, while working as a procedure to close an old dedicated account and report of the State Bank (as template at Annex 04);

g) During the period 05 (five) days of work since being governed by the license, the business must submit to the original license issued to the State Bank (the Foreign Exchange Management).

3. Renewal License

a) At the end of the license deadline issued by the State Bank, the business must submit 2 (two) of the filing order that renew the License by filing directly or send through the postal route to the Provincial State Bank branch of the province, the city on the site where the business is It ' s a professional video game business score for foreigners. The recommended extension of the license includes:

-The license to renew the License (by template at Annex 3);

-A copy with a minimum validity of 1 (a) month before the extension application;

-The papers stipulate at point b, paragraph 1 Article 10 of this.

b) The procedure to submit a record to the State Bank (the Foreign Exchange Management) implementation pursues Article 10 of this Information;

c) The procedure for the extension of the implementation License pursuits at paragraph 3 Article 10 This Information;

d) The duration of the License to be renewed in accordance with the deadline of the Certificate of Sufficient Electronic Gaming Business;

During the period 05 (five) days of work since the date of a permit extension, the business must submit to the original license issued to the State Bank (the Foreign Exchange Management).

What? 12. recall License

The State Bank revoked the business of the business in the following circumstances:

1. The filing recommended that the license issued a fraudulent information in order to obtain eligible licenses.

2. The business does not deploy foreign currency revenues and other foreign exchange activities after 12 (twelve) months from the date of the license granted.

3. Businesses are divided, merged, merged, dissolved, bankrupt by the rule of law.

4. Businesses with a state agency have the authority to revoking the investment certificates, Business Registration Certificate or Certificate of Qualified Electronic Gaming Business.

5. The business is treated for administrative violations from 3 (three) times its return to the administrative violation of foreign exchange management.

Chapter III

THE RESPONSIBILITY OF THE ORGANIZATIONS AND INDIVIDUALS INVOLVED

GO TO THE GAMING BUSINESS THAT REWARDS

FOR FOREIGNERS.

What? 13. The responsibility of the State Bank branch of the provincial branch, the city

1. The bank guide is allowed and businesses on the site approve of the full regulations at this Smart.

2. Ombudging, inspection, surveillance operations monitoring, foreign currency and other foreign exchange activities of the business on the site have been licensed by the State Bank. The case of the detection of regulatory violations at the license and regulation at this Smart, the State Bank of the Provincial Branch, the city on the site of the treatment under the provisions of the relevant law.

3. Coordinate with the agencies, organizations, individuals who are involved in implementing room measures, anti-money laundering in e-gaming business activities that are rewarded under the rule of law.

What? 14. The bank ' s responsibility is allowed

1. Do the test, control of the paperwork, the player from the player, the publishing business to make cash filing transactions cash into account, transfer of foreign currency, confirmation of the player ' s foreign currency (according to the template at Annex). Number 05).

The certificate for foreign currency abroad only has a value used in the 30 (thirty) date from the date of release.

2. Save the documents, the evidence relates to the foreign exchange transactions prescribed in this Information and by the regulation of the relevant law.

3. Detout violations of regulations at this site of the business or of the player, in time to report the Provincial State Branch State Bank, the city on the site where the business places an electronic gaming business point of reward for the player. It's foreign to take care of it.

4. Accept the right regulations at this Smart, the provisions of the law on the chamber, against money laundering and the provisions of the relevant law.

What? 15. Corporate Responsibility

1. The report, which publicly announced the exchange rate between the price of currency conventions with the Vietnamese and the foreign currency.

2. Do the confirmation of the award, the reward, the exchange of the convention for the player (in accordance with the Appendix 06), provide paperwork, relevant evidence and is accountable to the law on the legalization of the prize money, the reward, the amount of money. In exchange from currency-made currency, the player does not play as the basis for the bank to be allowed to confirm the carrying, foreign currency to foreign currency, to pay foreign currency to the player's account in accordance with Article 3 of this Information.

The certificate is valid only 1 (one) for the duration of 30 (thirty) days from the date of release.

3. The full-paper, magnetic certificate for the bank is allowed to make a cash-in-currency transaction in foreign currency and transaction transactions, foreign currency transfers.

4. Do the record, statistics, save evidence from the relevant regulation of the law.

5. Building the Management Regulation, internal control over the source, the foreign currency in the active video game business activity for foreigners, of which the minimum includes the following contents: the collection process, the foreign currency; the control process. The source, the foreign currency guarantees regulation of money laundering prevention, guarantees safe to the amount of cash obtained during the course of business; functionality, duties, the powers of the parts, the individual involved.

6. Accept the correct rules at the Permits, Regulations at This Smart, the provisions of the law on the chamber, anti-money laundering and the provisions of the relevant law.

7. quarterly, before October 10 (ten) of the following quarter, the business must report the State Bank (Foreign Exchange Management) and the Provincial Branch State Bank, the city on the site where the business places the e-gaming business Point awarded to the public. Foreign currency, foreign currency, and other foreign exchange activities (based on Appendix 07).

What? 16. The player's responsibility

The player is responsible for the strict approval of regulations at this level and the provisions of the relevant law.

Chapter IV

THE ORGANIZATION.

What? 17. The transition clause

1. The transition deadline

In the December 12 (twelve) months since the date of this private day, the former businesses have been granted the implementation by the State Bank, the cash currency in the face of the award-paid video game business. Foreign must be a procedure to convert the previously approved text to the license. Too long, the business does not make the transition to the end of the recording, the foreign currency and other foreign exchange activities that are associated with the business game business that rewards foreigners.

2. The transition range

The collection, cash currency, and other foreign exchange activities are being made by the business under the previously approved text of the State Bank which is converted to a license within the provisions of this Article 5.

3. Profile, sequence, conversion procedure

a) Business filed 2 (two) of the filing order filing a license to submit a license to submit directly or send through a postal route to the Provincial State Bank of the province, the city on the site where the business places the gaming business point of the award. The foreigners. The profile consists of:

-The application to convert the License (in accordance with the Appendix 08);

-A copy of the Certificate of Investment Certificate or Corporate Registration Certificate;

-A copy of the Certificate of Certificate of Electronic Gaming Business;

-Management Regulation, internal control over revenues, foreign currency expenditure by the representative by the law firm of the business;

-The written approval of the cash currency procurement operation and other foreign exchange activities has been granted;

-Financial conditions report, foreign currency, and other foreign exchange activities associated with an electronic gaming business that has been awarded since being approved by the Bank of State Bank (in accordance with Appendix 09);

b) The procedure to submit a record to the State Bank (the Foreign Exchange Management) implementation pursues Article 10 of this Information;

c) The procedure of issuing a Certificate in accordance with regulation at paragraph 3 Article 10 This message.

What? 18. Organization of Action

1. This message has been in effect since September 6, 2014.

2. Chief of Staff, Deputy Foreign Minister of Foreign Affairs, Head of related units of the State Bank of Vietnam, Director of the Bank of the State Branch of the Province, Central City, Chairman of the Board, Chairman of the Board of Directors, The Director General (Director) of the authorized banks, the Director General (Director) of the business is responsible for the organization's organization.

KT. GOVERNOR.
Vice Governor.

(signed)

The Emperor.