Casino is a conditional business and is strictly regulated by the law. Specifically, in Vietnam, what criteria should be met to be allowed to do business and play at casinos? The following article will answer these questions about these casino rules in Vietnam.
After many years of waiting, finally, the first legal casino allowed to pilot for Vietnamese people to play – Corona Casino Phu Quoc – officially came into operation. With this event, the first door of the Vietnamese Casino industry has been opened, although all are still a prudent step in the first phase. The pilot period allowed by the Vietnamese Government to open a Casino is initially 3 years.
Casino Law in Vietnam
Legal basis for casino regulations in Vietnam
- The government’s Decree No. 83/2013/ND-CP regulates the business of prize-winning electronic games for foreigners;
- The Decree No. 175/2016/ND-CP amending the Decree No. 86/2013/ND-CP on the business of prize-winning electronic games for foreigners.
- The Circular No. 11/2014/TT-BTC guiding a number of articles on casinos in Vietnam in the Decree No. 86/2013/ND-CP dated July 29, 2013 of the Government on the business of electronic games for foreigners.
Casino business conditions
The casino business is a form of gambling. Therefore, casino business conditions are specified in Article 19 of the Decree No. 86/2013/ND-CP as follows:
- Organizations that have been licensed by competent agencies to establish and operate tourist accommodation establishments in accordance with the Law on Investment and the Law on Enterprises;
- Enterprises whose tourist accommodation establishments have been rated 5 stars or higher and ranked by competent state management agencies under the provisions of the Law on Tourism and guiding documents;
- There is an area to arrange Business Spots that fully satisfy the conditions specified in Article 5 of this Decree;
- There are managers and executives with good ethics; have at least a university or higher training degrees; have at least 03 years of experience in the management of prize-winning electronic game business and not be prohibited from establishing and managing enterprises under the provisions of the Law on Enterprises, the Decree No. 72/2009/ND-CP dated September 3, 2009 of the Government regulating security and order conditions for a number of conditional business lines, and guiding, replacing, amending and supplementing documents (if any);
- Meet security and order conditions for the conditional business lines specified in the Decree No. 72/2009/ND-CP;
- Have sufficient financial capacity; made profits and had no accumulated losses in the preceding year of the year to submit application for business eligibility certificate.
- Have an effective plan for trading prize-winning electronic games and ensuring social security, order and safety as prescribed by the law.
Remarks: According to Vietnam’s casino law, each tourist accommodation establishment is only considered and issued one (01) Business Eligibility Certificate and Business Eligibility Certificate is only granted to the enterprise that owns such tourist accommodation establishment.
Subjects allowed to play Casino in accordance with the laws of Vietnam
Article 11: Persons eligible for playing games at casino business facilities
- Foreigners and overseas Vietnamese who have foreign passports granted by foreign authorities, valid laissez passers and lawfully enter Vietnam.
- Persons defined in Clause 1 of this Article shall be those who have full civil act capacity in accordance with Vietnamese law and willingly observe game rules, the internal regulations of casino business facilities of enterprises and the provisions of this Decree.
Article 12: Pilot on allowing Vietnamese people to enter Casino
1. Piloted location
Pilot allowing Vietnamese to enter and play at casino business facilities at investment projects of services, tourism and entertainment complex with casino at locations meeting the provisions of this Decree and being authorized by the competent authority.
2. Pilot period
The pilot period is 03 years from the date the first casino business enterprise is allowed to pilot allowing Vietnamese to play at the casino. After 3 years of piloting, the Government will review, evaluate and decide whether to allow Vietnamese people to play at casinos or to stop allowing Vietnamese people to play at casinos in Vietnam.
3. Vietnamese people are allowed to enter and play at casino business facilities specified in clause 1 of this Article when the following conditions are fully satisfied:
- Be a person of full 21 years of age or older and have full capacity for civil acts under the provisions of the law of Vietnam;
- Have sufficient financial capacity to play at Casino Business Facilities. Players shall prove to have a regular income of VND 10 million/month or more or be taxable from level 3 or higher according to the provisions of the Law on Personal Income Tax. The Ministry of Finance specifically guides the documents proving that the player has sufficient financial capacity;
- Purchase tickets at Casino Business Facilities. The ticket price is VND 01 million/24 consecutive hours/person or VND 25 million/month/person;
- Not be the subject of a relative with full civil act capacity in the family being a father, adoptive father, mother, adoptive mother, spouse, biological child or a petition to the casino business facility not to allow to play at the casino business facility;
- Vietnamese people who are allowed to enter and play at the casino business facility can only use Vietnam dong to exchange for the conventional currency and to exchange the conventional currency into Vietnam dong in case of incomplete play or winning prizes.
4. Vietnamese people who are banned from playing at casino business facilities include:
- Persons who have been criminally prosecuted and investigated, prosecuted or tried by Vietnamese or foreign procedural agencies;
- Persons with convictions for crimes of infringing upon national security or other crimes due to intentional errors are sentenced to 3 years or more in prison, but have not had their criminal records removed;
- Persons who are in a period of suspension from serving a prison sentence;
- Persons who are serving a penalty of non-custodial reform, probation, residence ban, prohibition from holding positions, prohibition from conducting business in investment and business subject to security and order conditions under the court’s decision;
- Persons being subject to the measure of education at communes, wards or townships; having a decision to apply administrative handling measures pending the implementation of the decision; being addicted to drugs; being suspended or temporarily suspended from the execution of decisions to send to compulsory education establishments or to compulsory detoxification establishments;
- Persons who have been applied administrative handling measures, but the time limit is not considered as having not been applied administrative handling measures.
5. All proceeds from tickets for participation in casino activities specified at Point c, Clause 3 of this Article shall be left to the locality where the enterprise conducts the casino business for the purposes of serving the social welfare, serving the community, and ensuring security and social order under the guidance of the Ministry of Finance.
6. Responsibilities of a casino business enterprise that is allowed to pilot allowing Vietnamese people to play at casino business facility
- Develop and promulgate regulations to ensure strict management and control of Vietnamese people playing at Casino Business Facilities;
- Issue electronic cards to Vietnamese people to play at casino business facilities, electronic cards shall ensure the following contents:
– Electronic card number;
– Full name of player;
– Identification card or passport number;
– Identification photo;
– Time of entering and leaving the casino business facility;
– Amount of money played and awarded for each time played at the casino business facility;
– Other information related to the control of players according to the enterprise’s management requirements.
- Provide regulations, documents, dossiers and images to competent state management agencies in the course of management, supervision, examination and inspection;
- Coordinate with competent state management agencies to review and evaluate the pilot implementation allowing Vietnamese people to play at casino business facilities.
Above are some of the rules on Phu Quoc casino that you may not know. Hopefully, through this article, you can better understand the casino business, as well as conditions for doing casino business or directly participating in casino games.