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Circular No. 03/1998/tt-Bvhtt: Guidelines For Managing Electronic Game

Original Language Title: Thông tư 03/1998/TT-BVHTT: Hướng dẫn quản lý trò chơi điện tử

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Circular electronic game management pursuant to article 58 of law issued legal documents on 12/11/1996;
Pursuant to Decree 81/CP dated 8/11/1993 of the Government regulations on functions, tasks, powers and organization of the Ministry of culture and information;
In order to strengthen governance, better meet the entertainment needs of healthy people, the Ministry of culture-information issued this circular guide electronic game management, i. GENERAL PROVISIONS article 1. Video games include: 1. The machine has installed electronic game content or other entertainment content by electronic engineering;
2. The tape, disk, electronic game content;
3. Start the machine, electronic game equipment;
4. The computer, computer network, electronic game content.
Article 2. Active object video games include: 1. The individual, collective business video games have lower equity capital in accordance with the provisions of Decree 66/dated 2/3/1992 of the Council of Ministers (Government);
2. Business, the company has registered sales of other business trades more electronic game services;
3. Business, the company specializes in the business of electronic game services;
4. collective, personal use of electronic games not business purposes;
5. The object prescribed in clause 2 and 3 of this article including business cooperation contracts and joint ventures with foreign countries.
Article 3. Individual, business entity electronic games services (including production, tape cloning, disk, content components) must be licensed by the State administration of culture and information has the authority under the provisions of article 8 and article 12 of this circular and business registration in accordance with the law.
Article 4. Individuals, organizations or business services, electronic games are only allowed to use the machine or a tape, disk contents are healthy recreation, contributing to the development of physical, aesthetic awareness for people.
Article 5. Prohibit the following acts: 1. electronic games organization, production, import and export of machines, equipment, tapes, disks, video game accessories, take on the computer or the Internet video games with content: a. against the State of the Socialist Republic of Vietnam;
b. incite violence, split between the nation and the people of the country, spread the ideology, culture, lifestyle, debauchery, crime, social ills sweating, superstition, undermining Vietnam customs;
v. misrepresent history, deny revolutionary achievements, insulting human grandeur, national hero, slander, offend the Organization's reputation, honour and dignity of citizens;
2. The organization of electronic games have cash prizes or gamble.
 
II. Conditions for BUSINESS and CERTIFICATION AUTHORITY QUALIFIED to SERVICE BUSINESS VIDEO GAMES article 6. The condition.
Business objects electronic game services provided in this circular must contain the following conditions: 1. place in the ownership or the right to use his legal guarantees of hygiene, the summer is cool, winter is warm; do not obstruct traffic safety order;
2. equipment ensures clear audio technical standards, colors beautiful, sharp images; ensure healthy aesthetic;
3. Audience of individuals must be 18 years of age, have permanent address locally, health guarantee (not limit disease or loss of cognitive ability), there is no money, the money for the crime spread toxic culture, not in the time being prejudice to criminal or Penal Executive;
4. Objects wishing to establish business or company to service business video games must have a capital, technical-economic justification in accordance to established businesses.
Article 7.-the procedure please business.
1. Subject to the provisions in paragraphs 1, 2 and 3 article 2 to this circular service businesses want electronic games must apply for business or apply for business establishment in the Department of culture and information. Attached, objects must have written confirmation of the conditions stipulated in article 6 of this circular.
For the object specified in clause 2 2 of this circular must be accompanied by a copy of business registration has been granted.
For the object specified in clause 3 2 of this circular must include technical economic demonstration.
In the local has done the procedure a door in the licensing business, the business application object in the licensing agency. Review license must have written appraisal of the Department of culture and information.
2. Audience want to cooperate or entrepreneurial ventures with foreign business service professional video games or business service video games is that the jurisdiction granted the investment license of provincial people's committees, central cities must have a written evaluation of the Department of culture and information. The text of the appraisal Department of culture and information, the Ministry of culture sends information (Service Plan) to report.
3. Audience want to cooperate or entrepreneurial ventures with foreign business service professional video games or business service video games is that the jurisdiction granted the investment license of the Ministry of planning and investment to have a written appraisal of Ministry of culture-information.
Article 8. The authority and the time limit for eligibility certification for business objects.
1. After receipt of the application, check the content and specific conditions, grounded in local planning, Department of culture and information, certificate of eligibility for the objects specified in paragraphs 1, 2, 3 article 2, have written the appraisal for the object specified in item 2 article 7; The Ministry of culture and information, have written appraisal for objects specified in paragraph 3 article 7 of this circular;
2. In the provinces, central cities have wide area or population density, people's committees, the city may be decentralized to the cultural Room-level information in the certification of eligibility for the objects specified in clause 1 2 of this circular.
3. The time limit for eligible certification or authentication of documents and information, the Ministry of culture, Department of culture and information, culture and information, not more than 15 days from the receipt of the application;
4. In the locality has not done the procedure a door in the licensing business, the cultural agency following his information the certificate of eligibility, the objects do next for business registration according to the current rules.
5. Objects registered business must pay according to the current rules.
6. in case of not granting the certificate of eligibility, agency accepting responsibility to reply in writing.
 
III. active ELECTRONIC GAME SERVICES article 9. After being granted the investment license or certificate of eligibility and registration of electronic games services, allowed business objects as specified in the license has been granted; Audience business cooperation or joint ventures with foreign operations to send a text to register with the Department of culture and information. The registration documents must specify the number of licenses on investment licensing, agency, the headquarters of the unit, the phone number, the location of the electronic game business and to implement the relevant provisions of this circular.
Object has allowed the business to want to change the location or content was allowed to do permission procedures at the Agency have qualified certification and business registration agency or licensed investment.

Article 10.-individuals, organizations using video games to be responsible for the content, don't violate these regulations prohibited in article 5 of this circular; the business service points are not too active 12 hours night.
The case does not determine the content in regulated or not banned, individuals, organizations using video games to suggest the Department of culture and information in order to determine the appraisal and valuation fees. The Department of culture – information must have signs to identify the tape, disk, Relational components have been verified and allowed the popular.
Article 11.
1. The import of locomotives, electronic game equipment, bringing video game content on the Internet must be licensed by the Ministry of culture-information according to the current rules.
2. The business objects electronic game machines installed the putting special available content to use, record, import components have electronic game content must be licensed by the Department of culture and information.
The Department of culture and information organized the stamping or symbols on the machine with pre-installed content was allowed to use the Facility.
 
IV. AWARDS and HANDLE BREACH of article 12.
1. The object game activities specified in article 2 of this circular do not have licenses, not the right content is allowed or prohibited the violation according to the nature, the degree of which may be administrative sanctions or be blind for criminal liability.
2. The licensing of electronic games business wrong prescriptions or harassed in the licensing, the person in charge that cover the breach must be disciplined.
3. People have discovered, accusations or violations have achievements in the management of electronic games services are rewarded according to the regulations of the State.
 
V. IMPLEMENTATION article 13. This circular effect after 15 days from the date of signing. Individual organizations have been the local business service allowed video games prior to the date of this circular in force only if there is enough business continued the conditions specified in this circular.
The Organization, individuals are not qualified, do not ensure the right content specified in this circular are suspended operation since the day this circular effect.
Article 14. The Department of culture and information, is responsible for specific guidelines to implement this circular in its local and regular inspection, violation processing according to the authority.
Article 15. The people's committees of provinces and cities under central, he, Ms. Chief, Chief Inspector, Deputy Chief, Department of the Service, the Bureau of the Ministry of culture-related information, is responsible for guiding, inspecting the implementation of this circular.