Nghị định 137/2021/NĐ-CP quy định xử phạt vi phạm hành chính lĩnh vực kinh doanh đặt cược và trò chơi có thưởng

                     

DECREE

On sanctioning of administrative violations in the business of betting and prize-winning games

____________

 

Pursuant to the Law on Organization of the Government dated June 19, 2015; the Law Amending and Supplementing a Number of Articles of the Law on Organization of the Government and the Law on Organization of Local Administration dated November 22, 2019;

Pursuant to the Law on Handling of Administrative Violations dated June 20, 2012; the Law amending and supplementing a number of articles of the Law on Handling of Administrative Violations dated November 13, 2020;

Pursuant to the Law on Anti-Money Laundering dated June 18, 2012;

Pursuant to the Law on Anti-Terrorism dated June 12, 2013;

At the proposal of the Minister of Finance;

The Government hereby promulgates the Decree on sanctioning of administrative violations in the business of betting and prize-winning games.

 

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation

This Decree stipulates forms and levels of sanctions, remedial measures, competence to make written records and competence to impose sanctions of administrative violations in the business of betting, casino and prize-winning electronic games for foreigners (hereinafter referred to as betting and prize-winning games).

Article 2. Subjects of application

1. This Decree applies to:

a) Organizations and individuals that commit administrative violations in the business of betting and prize-winning games;

b) Persons competent to make records, competence to impose sanctions of administrative violations, state management agencies related to the examination, inspection and handling of administrative violations in the business of betting and prize-winning games.

2. Organizations specified in Clause 1 of this Article include:

a) Enterprises engaged in the business of horse racing, greyhound racing and international football betting;

b) Enterprises engaged in the casino business;

c) Enterprises engaged in the business of prize-winning electronic games for foreigners;

d) Other organizations committing violations in the business of betting and prize-winning games.

Article 3. Administrative sanctioning forms

1. Principal sanctions:

a) Warning;

b) Fine.

2. Additional sanctions:

a) Deprivation of the right to use the Certificate of eligibility for betting business, the Certificate of eligibility for casino business, the Certificate of eligibility for the business of prize-winning electronic games for foreigners (hereinafter referred to as the Certificate of Business Eligibility) for a given period of time.

b) Confiscation of material evidences and means used for commission of administrative violations.

Article 4. Remedial measures

Depending on the nature and severity of their violations, organizations and individuals that commit administrative violations in the business of betting and prize-winning games may also be subject to one or more than one of the following remedial measures as specified in Chapter II of this Decree:

1. Forcible return of erased or modified Certificates of eligibility for business.

2. Forcible destruction or re-export of game machines, game tables, prize-winning game equipment, and tokens in excess of the quantity, incorrect category or type of prize-winning games.

3. Forcible restoration of casino business facilities, prize-winning electronic game facilities (hereinafter referred to as business facilities) fully meeting the conditions and located in the places licensed by state management agencies.

4. Forcible keeping of monitoring books or issuance of e-cards to fully monitor and manage the entities entering and exiting the business facilities.

5. Forcible establishment of an internal control department and arrangement of managers to fully meet the conditions in accordance with regulations.

6. Forcible payment of prizes to players in accordance with the game rules, betting rules.

7. Forcible revocation of certificates of winning amounts for improper persons or different from actual winnings.

8. Forcible dismantlement of advertising contents and forms in contravention of law provisions.

9. Forcible liquidation of contracts signed with individuals and organizations that fail to fully satisfy the conditions for acting as bet ticket-selling agents in accordance with law provisions.

10. Forcible correction of published information, sending of reports, provision of complete and accurate information and data in accordance with law provisions.

11. Forcible refund of illicit profits earned through the commission of administrative violations.

Article 5. Fines, the competence to impose fines and the principles of applying the form of sanctioning of administrative violations

1. The maximum fine to be imposed on an individual or organization committing an act of administrative violation in business of betting and prize-winning games is VND 100,000,000 or VND 200,000,000, respectively.

2. The fines, competence to impose fines and competence to confiscate material evidences and means used in administrative violations of each title for administrative violations specified in this Decree are applicable to organizations, except for the cases specified in Articles 13, 31 and 45 of this Decree, which only apply to individuals. The fines, competence to impose fines of each title on an individual is equal to 14 times that of an organization committing the same act of administrative violation specified in this Decree.

Article 6. Statute of limitations, sanctioning procedures, execution of administrative sanctions in the business of betting and prize-winning games

1. The statute of limitations for sanctioning an administrative violation in the business of betting and prize-winning games is 01 year.

2. The time for determining the statute of limitations for handling administrative violations in the business of betting and prize-winning games is prescribed as follows:

a) For in-progress administrative violations, the statute of limitations is counted from the date the person competent to perform official duties detects the violation;

b) For completed administrative violations, the statute of limitations is counted from the date when the violation stops.

3. The time when administrative violations stop, which is used to determine the statute of limitations for handling a number of violations specified in Chapter II of this Decree, is prescribed as follows:

a) For acts of violating regulations on dossiers for grant of Certificates of eligibility for business as prescribed in Articles 8, 25 and 39 of this Decree, the time when administrative violations stop, which is used to determine the statute of limitations for sanctioning violations is the date of submission of dossiers to the Ministry of Finance;

b) For acts of modifying or erasing the contents of Certificates of eligibility for business as specified in Clause 1, Article 9, Clause 1, Article 26 and Clause 1, Article 40 of this Decree, the time when administrative violations stop, is the time of committing the act of correction or erasure. In case of failing to determine the date of modifying or erasing leading to the change in contents of the Certificates of eligibility for business, the time when administrative violations stop is the date of discovering such erasure or modification;

c) For acts of failing to send the game rules, betting rules to the state management agency, or the race rules to the race supervisory board within the prescribed time limit as specified in Clause 1, Article 14, Clause 1, Article 29 and Clause 1, Article 43 of this Decree, the time when the violations stop is the date of sending the game rules, betting rules to state management agencies, or the date of sending the race rules to the race supervisory board.

d) For acts of failing to notify state management agencies when changing the manager of the business facility within the prescribed time limit as specified at Point b, Clause 1, Article 34 and Point b, Clause 1, Article 48 of this Decree, the time when the violations stop is the date of sending the notice of such change to the state management agencies;

dd) For acts of violating regulations on disclosure and provision of information specified in Articles 22, 37 and 51 of this Decree, the time when violations stop is the date of sending the documents announcing and providing information;

e) For acts of violating regulations on advertising specified in Clause 3, Article 23, Clause 3, Article 36 and Clause 3, Article 50 of this Decree, the time when violations stop is the date of dismantling the advertising contents and form in contravention of the law;

g) For acts of violating regulations on reporting regime specified in Article 24, Article 38 and Article 52 of this Decree, the time when violations stop is the date of sending reports, providing complete and accurate information and data to state management agencies in accordance with law.

4. In-progress administrative violations, completed administrative violations, sanctioning procedures, execution of sanctioning forms, execution of sanctioning decisions and enforcement of sanctioning decisions in the business of betting and prize-winning games shall comply with the Law on Handling of Administrative Violations and its guiding documents.

Article 7. Transfer of violation case files

1. When detecting violations specified in Clause 2, Article 8, Clause 2, Article 25, Clause 2, Article 39, and Clause 2, Article 56 of this Decree, a competent person who has accepted and is examining administrative violation case shall transfer the violation case file to a competent criminal procedure-conducting agency to examine for penal liability in accordance with Clauses 1, 2 and 4, Article 62 of the Law on Handling of Administrative Violations and amending and supplementing documents (if any).

2. In case the criminal procedure-conducting agency issues one of the decisions not to examination for penal liability in accordance with the law on criminal procedures and returns the case file to the competent person who has forwarded the file, the violation case file shall be transferred to a person with sanctioning administrative competence as prescribed in Clause 3, Article 62 and Article 63 of the Law on Handling of Administrative Violations and amending and supplementing documents (if any) to sanction administrative violations in accordance with this Decree.

 

Chapter II

ACTS OF ADMINISTRATIVE VIOLATIONS, SANCTIONING FORMS, LEVELS AND REMEDIAL MEASURES

 

Section 1

ACTS OF VIOLATING REGULATIONS ON BETTING BUSINESS

 

Article 8. Acts of violating regulations on dossiers for grant of Certificates of eligibility for betting business

1. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for the act of tampering with or erasing without permission documents in the dossiers of application for grant, re-grant, modification or extension of the Certificate of eligibility for betting business. For acts of erasing, tampering or falsifying the contents of the judicial record sheets in the dossiers of application for grant or extension of the Certificate of eligibility for betting business, the fine shall comply with Clause 2, Article 47 of the Government's Decree No. 82/2020/ND-CP dated July 15, 2020, on sanctioning of administrative violations in the field of legal aid; judicial administration; marriage and family; civil judgment enforcement; bankruptcy of enterprises and cooperatives (hereinafter referred to as the Decree No. 82/2020/ND-CP) and amending and supplementing documents (if any).

2. A fine from VND 80,000,000 to VND 100,000,000 shall be imposed for the act of compiling and certifying forged dossiers and documents or containing false or untruthful information or concealing the truth in the dossiers of application for grant, re-grant, modification or extension of the Certificate of eligibility for betting business. For acts of using a fake judicial record sheet in the dossier of application for grant or extension of the Certificate of eligibility for betting business, the fine shall comply with Point r, Clause 2, Article 81 of the Decree No. 82/2020/ND-CP and amending and supplementing documents (if any).

3. Additional sanctions:

Confiscation of material evidences and means used in administrative violations which are modified, erased, forged documents or those containing false, untrue or concealed information, for administrative violations specified in this Article.

4. Remedial measures:

Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 1 and 2 of this Article.

Article 9. Acts of violating regulations on management and use of Certificates of eligibility for betting business

1. A fine from VND 90,000,000 to VND 100,000,000 shall be imposed for the act of modifying or erasing the contents of Certificates of eligibility for betting business.

2. A fine from VND 160,000,000 to VND 180,000,000 shall be imposed for the act of leasing, lending or transferring Certificates of eligibility for betting business.

3. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violation:

a) Betting business without the Certificate of eligibility for betting business;

b) Betting business during the period of revocation or deprivation of the right to use the Certificate of eligibility for betting business.

4. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for betting business from 06 to 12 months, for administrative violations specified in Clause 2 of this Article.

5. Remedial measures:

a) Forcible return of erased or modified Certificates of eligibility for business, for administrative violations specified in Clause 1 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 2 and 3 of this Article.

Article 10. Acts of violating regulations on scope of business

1. A fine from VND 160,000,000 to VND 180,000,000 shall be imposed for any 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 betting business.

2. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violation:

a) Conducting betting business beyond the scope licensed by a competent state management agency in accordance with law provisions;

b) Taking advantage of results of betting events to place bets or organize illegal betting business.

3. Additional sanctions:

a) Deprivation of the right to use the Certificate of eligibility for betting business from 06 to 12 months for administrative violations specified in Clause 2 of this Article, if the violation is committed for the first time;

b) Deprivation of the right to use the Certificate of eligibility for betting business from 12 to 24 months for administrative violations specified in Clause 2 of this Article, if the violation is committed for the second time or more.

4. Remedial measures:

Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 1 and 2 of this Article.

Article 11. Acts of violating regulations on betting types and betting products

1. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violation:

a) The betting types in contravention of the law on betting business;

b) The betting products in contravention of the law on betting.

2. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for betting business from 06 to 12 months for administrative violations specified in Clause 1 of this Article.

3. Remedial measures:

Forcible refund of illicit profits earned through the commission of administrative violations specified in this Article.

Article 12. Acts of violating regulations on management of players

1. A fine from VND 130,000,000 to VND 150,000,000 shall be imposed for the act of selling bet tickets to persons not permitted to place bets.

2. A fine from VND 160,000,000 to VND 180,000,000 shall be imposed for the act of lending money to players for placing bets.

3. Additional sanctions:

a) Deprivation of the right to use the Certificate of eligibility for betting business from 06 to 12 months in case of committing violation for the first time; from 12 to 24 months, if the violation is committed for the second time or more, for the administrative violations specified in Clause 1 of this Article;

b) Deprivation of the right to use the Certificate of eligibility for betting business from 06 to 12 months for administrative violations specified in Clause 2 of this Article.

4. Remedial measures:

Forcible refund of illicit profits earned through the commission of administrative violations specified in this Article.

Article 13. Acts of violating regulations on obligations of players

1. Warning shall be imposed on a person who buys at his/her own discretion a bet ticket although he/she is not permitted to place bets as prescribed by law.

2. A fine from VND 30,000,000 to VND 50,000,000 shall be imposed for the act of tampering or erasing a bet ticket in order to receive winnings.

3. A fine from VND 90,000,000 to VND 100,000,000 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 measures:

Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 2 and 3 of this Article to the betting enterprises.

Article 14. Acts of violating regulations on formulation and announcement of race rules and betting rules

1. A fine from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following acts of violation:

a) Failing to send the betting rules to a competent state management agency within the time limit as prescribed by law;

b) Failing to send the race rules to the race supervisory board within the time limit as prescribed by law;

2. A fine from VND 90,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violation:

a) Failing to publicize the betting rules as prescribed by law;

b) Failing to publicize the race rules as prescribed by law;

c) Failing to send the betting rules to a competent state management agency as prescribed by law;

d) Failing to send the race rules to the race supervisory board as prescribed by law.

3. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violation:

a) Failing to formulate and issue the betting rules as prescribed by law;

b) Failing to formulate and issue the race rules in accordance with law provisions.

4. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for betting business from 06 to 12 months for administrative violations specified in Clause 3 of this Article.

Article 15. Acts of violating regulations on fixed bet ticket offices

1. A fine from VND 180,000,000 and VND 200,000,000 shall be imposed for the act of establishing a fixed bet ticket office which does not fully satisfy the conditions prescribed by law.

2. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for betting business from 06 to 12 months for administrative violations specified in Clause 1 of this Article.

3. Remedial measures:

Forcible refund of illicit profits earned through the commission of administrative violations specified in Clause 1 of this Article.

Article 16. Acts of violating regulations on methods of distributing bet tickets

1. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for the act of using methods of distributing bet tickets not licensed by a competent state management agency for betting business as prescribed by law.

2. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for betting business from 06 to 12 months for administrative violations specified in Clause 1 of this Article.

3. Remedial measures:

Forcible refund of illicit profits earned through the commission of administrative violations specified in Clause 1 of this Article.

Article 17. Acts of violating regulations on frequency of organizing bets and time of taking bets

1. A fine from VND 90,000,000 to VND 100,000,000 shall be imposed for the act of violating regulations on the time of taking bets.

2. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for the act of violating regulations on the frequency of organizing bets.

3. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for betting business from 06 to 12 months for administrative violations specified in Clause 2 of this Article.

4. Remedial measures:

Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 1 and 2 of this Article.

Article 18. The acts of violating regulations on bet tickets

1. A fine from VND 90,000,000 to VND 100,000,000 shall be imposed for the act of providing bet tickets without sufficient content or information as prescribed by law.

2. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for the act of providing bet tickets with a face value lower than the minimum bet or higher than the maximum bet as prescribed by law.

3. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for business from 06 to 12 months for administrative violations specified in Clause 2 of this Article.

4. Remedial measures:

Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 1 and 2 of this Article.

Article 19. The acts of violating regulations on bet ticket-selling agents

1. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for the act of signing agency contracts with individuals or organizations that fail to fully satisfy the conditions for acting as agents as prescribed by law.

2. Remedial measures:

a) Forcible liquidation of contracts signed with individuals and organizations that fail to fully satisfy the conditions for acting as bet ticket-selling agents as prescribed by law;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clause 1 of this Article.

Article 20. Acts of violating regulations on winning payment, payout rate and winning payment methods

1. A fine from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of failing to comply with regulations on the time of paying winnings to winning players.

2. A fine from VND 180,000,000 to VND 200,000,000 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 supervisory board 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 law;

c) Formulating a payout rate lower than the minimum rate, which is 65% of ticket sale turnover for each type of betting product;

d) Certifying winning amounts for improper persons or different from actual winnings.

3. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for betting business from 03 to 06 months for administrative violations specified in Clause 2 of this Article.

4. Remedial measures:

a) Forcible payment of winning to players in accordance with the betting rules, for administrative violations specified in Clause 1, Points a, b and c, Clause 2 of this Article;

b) Forcible revocation of Certificates of winning amount for improper persons or different from actual winnings, for the administrative violation specified at Point d, Clause 2 of this Article.

Article 21. Acts of violating regulations on organization of horse races or greyhound races

1. A fine from VND 90,000,000 to VND 100,000,000 shall be imposed for the act of violating regulations on racing horses, racing dogs, jockeys and referees as prescribed by law.

2. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for the act of violating the conditions for organization of horse races and greyhound races as prescribed by law.

3. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for betting business from 03 to 06 months for administrative violations specified in Clause 2 of this Article.

Article 22. Acts of violating regulations on information disclosure and provision

1. A fine from VND 40,000,000 to VND 50,000,000 shall be imposed for the act of disclosing or providing inadequate or inaccurate information prescribed by the law on betting business.

2. Remedial measures

Forcible correction of inadequate or inaccurate information, providing complete and accurate information as prescribed by law.

Article 23. Acts of violating regulations on discounts, sales promotion, advertising and financial management regime

1. A fine from VND 60,000,000 to VND 70,000,000 shall be imposed for the act of violating the financial management regime promulgated by a competent state management agency.

2. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for the act of violating regulations on discounts and sales promotion as prescribed by law.

3. A fine from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violation:

a) Advertising the betting business activities without being licensed by a competent state management agency as prescribed by law;

b) Contents and forms of advertisement do not comply with the law on betting business.

4. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for betting business from 01 to 02 months for administrative violations specified in Clause 2 and Point b, Clause 3 of this Article.

5. Remedial measures:

Forcible dismantlement of advertising contents and forms that do not comply with the law, for administrative violations specified in Clause 3 of this Article.

Article 24. Acts of violating reporting regulations

1. Warning shall be imposed for the act of failing to fully send reports to competent state management agencies in accordance with law provisions.

2. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of failing to send reports to competent state management agencies within the time limit as prescribed by law.

3. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of reporting inadequate or inaccurate information or data to competent state management agencies.

4. Remedial measures:

Forcible sending of reports and provision of adequate and accurate information and data to competent state management agencies, for administrative violations specified in Clauses 1, 2 and 3 of this Article.

 

Section 2

THE ACTS OF VIOLATING REGULATIONS ON CASINO BUSINESS

 

Article 25. Acts of violating regulations on dossiers for grant of Certificates of eligibility for casino business

1. A fine from VND 40,000,000 to 60,000,000 shall be imposed for the act of arbitrarily modifying or erasing documents in the dossiers of application for grant, re-grant, modification or extension of the Certificate of eligibility for casino business. For acts of erasing, modifying or falsifying the contents of judicial record sheets in the dossier of application for grant or extension of the Certificate of eligibility for casino business, the fine shall comply with provisions of Clause 2, Article 47 of the Decree No. 82/2020/ND-CP and amending and supplementing documents (if any).

2. A fine from VND 80,000,000 to VND 100,000,000 shall be imposed for the act of making and certifying forged dossiers and documents or containing false or untruthful information or concealing the truth in the dossiers of application for grant, re-grant, modification or extension of the Certificate of eligibility for casino business. For acts of using a fake judicial record sheet in the dossier of application for grant or extension of the Certificate of eligibility for casino business, the fine shall comply with the provisions of Point r, Clause 2, Article 81 of the Decree No. 82/2020/ND-CP and amending and supplementing documents (if any).

3. Additional sanctions:

Confiscation of material evidences and means used in administrative violations that are modified, erased, forged documents or those containing false, untrue or concealed information, for administrative violations specified in this Article.

4. Remedial measures:

Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 1 and 2 of this Article.

Article 26. Acts of violating regulations on management and use of Certificates of eligibility for casino business

1. A fine from VND 90,000,000 to VND 100,000,000 shall be imposed for the act of modifying or erasing the contents of Certificates of eligibility for casino business.

2. A fine from VND 160,000,000 to VND 180,000,000 shall be imposed for the act of leasing, lending or transferring Certificates of eligibility for casino business.

3. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violation:

a) Conducting casino business without being licensed by a competent state management agency as prescribed by law;

b) Conducting casino business during the period of revocation or deprivation of the right to use Certificates of eligibility for casino business.

4. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for casino business from 06 to 12 months for administrative violations specified in Clause 2 of this Article.

5. Remedial measures:

a) Forcible return of erased or modified Certificates of eligibility for casino business, for administrative violations specified in Clause 1 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 2 and 3 of this Article.

Article 27. Acts of violating regulations on establishing business facilities

1. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violation:

a) Establishing casinos that fail to fully meet the conditions as prescribed by law;

a) Organizing casino business at locations other than those licensed by competent state management agencies as prescribed by law;

2. Additional sanctions:

a) Deprivation of the right to use the Certificate of eligibility for casino business from 03 to 06 months for administrative violations specified at Point a, Clause 1 of this Article;

b) Deprivation of the right to use the Certificate of eligibility for casino business from 06 to 12 months for administrative violations specified at Point b, Clause 1 of this Article.

3. Remedial measures:

Forcible restoration of casinos that fully meet the conditions and in the locations licensed by competent state management agencies.

Article 28. Acts of violating regulations on quantity of game machines and tables or categories and types of prize-winning games

1. A fine from VND 160,000,000 to VND 180,000,000 shall be imposed for the act of trading in categories or types of prize-winning games at variance with those prescribed by law.

2. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for the act of organizing casino business with a quantity of game machines and tables exceeding the licensed quantity as prescribed by law.

3. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for casino business from 06 to 12 months for administrative violations specified in Clauses 1 and 2 of this Article.

4. Remedial measures:

a) Forcible destruction or re-export of game machines and tables in excess of the licensed quantity or at variance with categories or types of prize-winning games, for administrative violations specified in Clauses 1 and 2 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 1 and 2 of this Article.

Article 29. Acts of violating regulations on formulation and announcement of game rules

1. A fine from VND 40,000,000 to VND 50,000,000 shall be imposed for the act of sending game rules to competent state management agencies after the deadline as prescribed by law.

2. A fine from VND 90,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violation:

a) Failing to send game rules to state management agencies in accordance with law provisions;

b) Failing to announce game rules at business facilities.

3. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for the act of failing to formulate game rules in accordance with law provisions.

4. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for casino business from 06 to 12 months for administrative violations specified in Clause 3 of this Article.

Article 30. Acts of violating regulations on monitoring and management of persons permitted to enter and leave casinos

1. A fine from VND 130,000,000 to VND 150,000,000 shall be imposed for the act of failing to keep books for monitoring or grant e-cards for controlling persons entering and leaving casinos.

2. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violation:

a) Allowing ineligible persons to enter and leave casinos;

b) Failing to fully monitor persons entering and exiting casinos.

3. Additional sanctions:

a) Deprivation of the right to use the Certificate of eligibility for casino business from 03 to 06 months for administrative violations specified in Clause 1 of this Article;

b) Deprivation of the right to use the Certificate of eligibility for casino business from 06 to 12 months in case of committing violation for the first time; from 12 to 24 months, if the violation is committed for the second time or more, for the administrative violations specified in Clause 2 of this Article.

4. Remedial measures:

a) Forcible keeping of monitoring books or issuance of e-cards to fully monitor and manage the entities entering and exiting the business facilities, for administrative violations specified in Clause 1 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clause 2 of this Article.

Article 31. Acts of violating regulations on obligations of players

1. Warning shall be imposed on individuals who commit one of the following acts:

a) Failing to play by the game rules announced by casino enterprises;

b) Failing to observe the internal regulation of casinos announced by casino enterprises;

c) Failing to observe the internal management regulations announced by casino enterprises.

2. A fine from VND 90,000,000 to VND 100,000,000 shall be imposed for the act of cheating while playing prize-winning games at business facilities.

3. Remedial measures:

Forcible refund of illicit profits earned through the commission of administrative violations specified in Clause 2 of this Article to the casino enterprises.

Article 32. Acts of violating regulations on management of tokens

1. A fine from VND 40,000,000 to VND 50,000,000 shall be imposed for the act of using tokens that fail to fully meet the technical standards as prescribed.

2. A fine from VND 60,000,000 to VND 70,000,000 shall be imposed for the act of failing to register tokens with competent state management agencies according to regulations.

3. A fine from VND 120,000,000 to VND 130,000, 000 shall be imposed for the act of using tokens of other enterprises or using tokens other than those registered with competent state management agencies.

4. A fine from VND 90,000,000 to VND 100,000,000 shall be imposed for the act of failing to exchange Vietnam dong for tokens or to exchange tokens for Vietnam dong in case Vietnamese players at casinos have not used up the tokens or win prizes.

5. Additional sanctions:

Confiscation of all tokens, for the administrative violations prescribed in Clauses 1 and 3 of this Article.

Article 33. Acts of violating regulations on management of game machines and tables and game equipment

1. A fine from VND 60,000,000 to VND 70,000,000 shall be imposed for the act of failing to keep books for managing game machines and tables and game equipment.

2. A fine from VND 90,000,000 to VND 100,000,000 shall be imposed for the act of importing or managing standby devices in contravention of law.

3. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violation:

a) Trading game machines and tables that fail to fully meet the conditions as prescribed by law;

b) There is no document from manufacturers or suppliers of the game machines or tables or from an independent accrediting organization proving that the game machines and tables fully meet the conditions as prescribed by law.

4. Additional sanctions:

a) Confiscation of all the gaming machines and tables and game equipment involved in violations, for violations prescribed in Clauses 2 and 3 of this Article.

b) Deprivation of the right to use the Certificate of eligibility for casino business from 01 to 02 months for administrative violations specified in Clause 2 of this Article;

c) Deprivation of the right to use the Certificate of eligibility for casino business from 03 to 06 months for administrative violations specified in Clause 3 of this Article.

5. Remedial measures:

Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 2 and 3 of this Article.

Article 34. Acts of violating regulations on internal control or managers of casinos

1. A fine from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following acts of violation:

a) Sending the internal management regulations to competent state management agencies after the deadline as prescribed by law;

b) Notifying state management agencies after the deadline as prescribed by law when changing managers of a casino according to the list registered in the dossier of application for grant of the Certificate of eligibility for casino business.

2. A fine from VND 90,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violation:

a) Failing to formulate and issue the internal management regulations as prescribed by law;

b) Failing to set up an internal control department as prescribed by law.

3. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for the act of appointing casino managers who fail to fully meet the conditions as prescribed by law.

4. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for casino business from 06 to 12 months for administrative violations specified in Clause 3 of this Article.

5. Remedial measures:

Forcible establishment of an internal control department and appointment of managers to fully meet the conditions, for administrative violations specified at Point b, Clauses 2 and 3 of this Article.

Article 35. Acts of violating regulations on winning payment and certification of winning amounts

1. A fine from VND 20,000,000 to VND 30,000,000 shall be imposed for the act of prolonging the winning payment to players without plausible reasons.

2. A fine from VND 120,000,000 to VND 130,000,000 shall be imposed for the act of certifying a winning amount for an ineligible person or certifying an incorrect winning amount.

3. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for casino business from 03 to 06 months for administrative violations specified in Clause 2 of this Article.

4. Remedial measures:

a) Forcible winning payment to players according to the game rules, for administrative violations specified in Clause 1 of this Article;

b) Forcible revocation of Certificates of winning amount for improper persons or different from the actual winning amount, for the administrative violations specified in Clause 2 of this Article.

Article 36. Acts of violating regulations on discounts, sales promotion, advertising and financial management regime

1. A fine from VND 60,000,000 to VND 70,000,000 shall be imposed for the act of violating the financial management regime promulgated by a competent state management agency.

2. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for the act of violating regulations on discounts and sales promotion in accordance with law provisions.

3. A fine from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violation:

a) Conducting advertise casino business activities without being licensed by a competent state management agency as prescribed by law;

b) Contents and forms of advertisement do not comply with the law on casino business.

4. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for casino business from 01 to 02 months, for violations specified in Clause 2 and Point b, Clause 3 of this Article.

5. Remedial measures:

Forcible dismantlement of advertising contents and forms that do not comply with the law, for administrative violations specified in Clause 3 of this Article.

Article 37. Acts of violating regulations on information disclosure and provision

1. A fine from VND 40,000,000 to VND 50,000,000 shall be imposed for the act of disclosing or providing inadequate or inaccurate information in accordance with the law on casino business.

2. Remedial measures:

Forcible correction of inadequate or inaccurate information, provision of complete and accurate information as prescribed by law.

Article 38. Acts of violating reporting regulations

1. Warning shall be imposed for the act of failing to fully send reports to competent state management agencies as prescribed by law.

2. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of sending reports to competent state management agencies after the deadline as prescribed by law.

3. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of reporting inadequate or inaccurate information or data to competent state management agencies.

4. Remedial measures:

Forcible sending of reports and provision of adequate and accurate information and data to competent state management agencies for administrative violations specified in Clauses 2 and 3 of this Article.

 

Section 3

ACTS OF VIOLATING REGULATIONS ON THE BUSINESS OF PRIZE-WINNING ELECTRONIC GAMES FOR FOREIGNERS

 

Article 39. Acts of violating regulations on dossiers for grant of Certificates of eligibility for business of prize-winning electronic games

1. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for the act of arbitrarily modifying or erasing documents in the dossiers of application for grant, re-grant, modification or extension of the Certificate of eligibility for business of prize-winning electronic games.

2. A fine from VND 80,000,000 to VND 100,000,000 shall be imposed for the act of compiling and certifying forged dossiers and documents or containing false or untruthful information or concealing the truth in the dossiers of application for grant, re-grant, modification or extension of the Certificate of eligibility for business of prize-winning electronic games.

3. Additional sanctions:

Confiscation of material evidences and means used in administrative violations that are modified, erased, forged documents or those containing false, untrue or concealed information for administrative violations specified in this Article.

4. Remedial measures:

Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 1 and 2 of this Article.

Article 40. Acts of violating regulations on management and use of Certificates of eligibility for business of prize-winning electronic games

1. A fine from VND 90,000,000 to VND 100,000,000 shall be imposed for the act of modifying or erasing the contents of Certificates of eligibility for business of prize-winning electronic games.

2. A fine from VND 160,000,000 to VND 180,000,000 shall be imposed for the act of leasing, lending or transferring Certificates of eligibility for business of prize-winning electronic games.

3. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violation:

a) Conducting business of prize-winning electronic games without being licensed by a competent state management agency prescribed by law;

b) Conducting business of prize-winning electronic games during the period of revocation or deprivation of the right to use Certificates of eligibility for business of prize-winning electronic games.

4. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for business of prize-winning electronic games from 06 to 12 months for administrative violations specified in Clause 2 of this Article.

5. Remedial measures:

a) Forcible return of erased or modified Certificates of eligibility for business of prize-winning electronic games, for administrative violations specified in Clause 1 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 2 and 3 of this Article.

Article 41. Acts of violating regulations on business facilities and areas where business facilities are located in tourist accommodation establishments

1. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violation:

a) Establishing casinos that fail to fully meet the conditions as prescribed by law;

a) Organizing business of prize-winning electronic games at locations other than those licensed by competent state management agencies prescribed by law;

2. Additional sanctions:

a) Deprivation of the right to use the Certificate of eligibility for business of prize-winning electronic games from 03 to 06 months for administrative violations specified at Point a, Clause 1 of this Article;

b) Deprivation of the right to use the Certificate of eligibility for business of prize-winning electronic games from 06 to 12 months for administrative violations specified at Points b, Clause 1 of this Article.

3. Remedial measures:

Forcible restoration of prize-winning electronic game facilities that fully meet the conditions and in the locations licensed by state management agencies, for administrative violations specified in Clause 1 of this Article.

Article 42. Acts of violating regulations on quantity, types and categories of prize-winning electronic games

1. A fine from VND 160,000,000 to VND 180,000,000 shall be imposed for the act of trading in categories or types of prize-winning games at variance with those prescribed by law.

2. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for the act of organizing business with a quantity of prize-winning electronic game machines exceeding the licensed quantity as prescribed by law.

3. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for business of prize-winning electronic games from 06 to 12 months for administrative violations specified at Clauses 1 and 2 of this Article.

4. Remedial measures:

a) Forcible destruction or re-export of prize-winning electronic game machines in excess of the licensed quantity or at variance with type of machines or categories of prize-winning games, for administrative violations specified in Clauses 1 and 2 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 1 and 2 of this Article.

Article 43. Acts of violating regulations on formulation, sending and announcement of game rules

1. A fine from VND 40,000,000 to VND 50,000,000 shall be imposed for the act of sending game rules to competent state management agencies after the deadline as prescribed by law.

2. A fine from VND 90,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violation:

a) Failing to send the game rules to a competent state management agency as prescribed by law;

b) Failing to announce game rules at business facilities.

3. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for the act of failing to formulate game rules as prescribed by law.

4. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for business of prize-winning electronic games from 03 to 06 months for administrative violations specified in Clause 3 of this Article.

Article 44. Acts of violating regulations on monitoring and management of persons permitted to play, enter and leave business facilities

1. A fine from VND 130,000,000 to VND 150,000,000 shall be imposed for the act of failing to keep books for monitoring or grant e-cards for controlling persons entering and leaving business facilities.

2. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violation:

a) Allowing ineligible persons to enter and leave business facilities;

b) Failing to fully monitor persons entering and exiting business facilities.

3. Additional sanctions:

a) Deprivation of the right to use the Certificate of eligibility for business of prize-winning electronic games from 03 to 06 months for administrative violations specified in Clause 1 of this Article;

b) Deprivation of the right to use the Certificate of eligibility for business of prize-winning electronic games from 06 to 12 months in case of committing violation for the first time; from 12 to 24 months, if the violation is committed for the second time or more, for the administrative violations specified in Clause 2 of this Article.

4. Remedial measures:

a) Forcible keeping of monitoring books or issuance of e-cards to fully monitor and manage the persons playing, entering and exiting the business facilities, for administrative violations specified in Clauses 1 and 2 of this Article;

b) Forcible refund of illicit profits earned through the commission of administrative violations specified in Clause 2 of this Article.

Article 45. Acts of violating regulations on obligations of players

1. Warning shall be imposed on individuals who commit one of the following acts:

a) Failing to play by the game rules announced by the enterprises;

b) Failing to observe the internal regulation of business facilities announced by the enterprises;

c) Failing to observe the internal management regulations announced by the enterprises.

2. A fine from VND 90,000,000 to VND 100,000,000 shall be imposed for the act of cheating while playing prize-winning games at business facilities.

3. Remedial measures:

Forcible refund of illicit profits earned through the commission of administrative violations specified in Clause 2 of this Article to the enterprises engaged in the business of prize-winning electronic games for foreigners.

Article 46. Acts of violating regulations on management of tokens

1. A fine from VND 40,000,000 to VND 50,000,000 shall be imposed for the act of using tokens that fail to fully meet the technical standards as prescribed.

2. A fine from VND 60,000,000 to VND 70,000,000 shall be imposed for the act of failing to register tokens with competent state management agencies as prescribed.

3. A fine from VND 90,000,000 to VND 100,000,000 shall be imposed for the act of using tokens of other enterprises or using tokens other than those registered with competent state management agencies.

4. Additional sanctions:

Confiscation of all tokens, for the administrative violations prescribed in Clauses 1 and 3 of this Article.

Article 47. Acts of violating regulations on management of prize-winning electronic game machines and equipment

1. A fine from VND 40,000,000 to VND 50,000,000 shall be imposed for the act of failing to keep books for management of prize-winning electronic game machines.

2. A fine from VND 60,000,000 to VND 70,000,000 shall be imposed for the act of importing or managing machines, standby devices in contravention of law.

3. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violation:

a) Trading prize-winning electronic game machines that do not fully satisfy the conditions and technical standards as prescribed by law;

b) There is no document from manufacturers of prize-winning electronic game machines or from an independent accrediting organization proving that the machines fully meet the conditions prescribed by law.

4. Additional sanctions:

a) Confiscation of all violating prize-winning electronic game machines and equipment, for administrative violations specified in Clauses 2 and 3 of this Article;

b) Deprivation of the right to use the Certificate of eligibility for business from 01 to 02 months for administrative violations specified in Clause 2 of this Article;

c) Deprivation of the right to use the Certificate of eligibility for business from 03 to 06 months for administrative violations specified in Clause 3 of this Article.

5. Remedial measures:

Forcible refund of illicit profits earned through the commission of administrative violations specified in Clauses 2 and 3 of this Article.

Article 48. Acts of violating regulations on internal control or managers of business facilities

1. A fine from VND 40,000,000 to VND 50,000,000 shall be imposed for any of the following acts of violation:

a) Sending the internal management regulations to competent state management agencies after the deadline as prescribed by law;

b) Notifying state management agencies after the deadline as prescribed by law when changing managers of a business facility according to the list registered in the dossier of application of grant for Certificate of eligibility for business of prize-winning electronic games.

2. A fine from VND 90,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violation:

a) Failing to formulate and issue the internal management regulations as prescribed by law;

b) Failing to set up an internal control department in accordance with law provisions.

3. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for the act of appointing casino managers who fail to fully meet the conditions prescribed by law.

4. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for business of prize-winning electronic games from 06 to 12 months for administrative violations specified in Clause 3 of this Article.

5. Remedial measures:

Forcible establishment of an internal control department and appointment of managers to fully meet the prescribed conditions, for administrative violations specified at Point b, Clauses 2 and 3 of this Article.

Article 49. Acts of violating regulations on winning payment and certification of winning amounts

1. A fine from VND 10,000,000 to VND 20,000,000 shall be imposed for the act of prolonging the winning payment to players without plausible reasons.

2. A fine from VND 90,000,000 to VND 100,000,000 shall be imposed for the act of certifying a winning amount for an ineligible person or certifying an incorrect winning amount.

3. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for business of prize-winning electronic games from 03 to 06 months for administrative violations specified in Clause 2 of this Article.

4. Remedial measures:

a) Forcible winning payment to players according to the game rules, for administrative violations specified in Clause 1 of this Article;

b) Forcible revocation of Certificates of winning amount for improper persons or different from the actual winning amount, for the administrative violation specified in Clause 2 of this Article.

Article 50. Acts of violating regulations on discounts, sales promotion, advertising and financial management regime

1. A fine from VND 60,000,000 to VND 70,000,000 shall be imposed for the act of violating the financial management regime promulgated by a competent state management agency.

2. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for the act of violating regulations on discounts and sales promotion as prescribed by law.

3. A fine from VND 60,000,000 to VND 80,000,000 shall be imposed for any of the following acts of violation:

a) Advertising the business of prize-winning electronic games without being licensed by a competent state management agency in accordance with law provisions;

b) Contents and forms of advertisement do not comply with the law on business of prize-winning electronic games.

4. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for business of prize-winning electronic games from 01 to 02 months for administrative violations specified in Clause 2 and Point b, Clause 3 of this Article.

5. Remedial measures:

Forcible dismantlement of advertising contents and forms that do not comply with the law, for administrative violations specified in Clause 3 of this Article.

Article 51. Acts of violating regulations on information disclosure and provision

1. A fine from VND 40,000,000 to VND 50,000,000 shall be imposed for the act of disclosing or providing inadequate or inaccurate information as prescribed by the law on business of prize-winning electronic games.

2. Remedial measures:

Forcible correction of inadequate or inaccurate information, provision of complete and accurate information in accordance with law provisions.

Article 52. Acts of violating reporting regulations

1. Warning shall be imposed for the act of failing to fully send reports to competent state management agencies in accordance with law provisions.

2. A fine from VND 5,000,000 to VND 10,000,000 shall be imposed for the act of sending reports to competent state management agencies after the deadline prescribed by law.

3. A fine from VND 10,000,000 to VND 15,000,000 shall be imposed for the act of reporting inadequate or inaccurate information or data to competent state management agencies.

4. Remedial measures:

Forcible sending of reports and provision of adequate and accurate information and data to competent state management agencies for administrative violations specified in Clauses 2 and 3 of this Article.

 

Section 4

ACTS OF VIOLATING REGULATIONS ON ANTI-MONEY LAUNDERING AND COUNTER-TERRORISM

 

Article 53. Acts of violating regulations on identifying and updating customer information; classification of customers by risk level

1. A fine from VND 40,000,000 to VND 60,000,000 shall be imposed for the act of failing to update customer identification information as prescribed in Clause 8, Article 10 of the Law on Anti-Money Laundering and Article 34 of the Law on Counter-Terrorism.

2. A fine from VND 60,000,000 to VND 100,000,000 shall be imposed for the act of failing to apply customer identification measures and enhanced assessment measures as prescribed in Clauses 2, 3 and 4, Article 12 of the Law on Anti-Money Laundering and Article 34 of the Law on Counter-Terrorism.

3. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for the act of having no risk management systems to identify foreign customers who are political influencers as prescribed in Clauses 2 and 3, Article 13 of the Law on Anti-Money Laundering.

Article 54. Acts of violating internal regulations on anti-money laundering

A fine from VND 120,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violations:

1. Failing to issue a risk management process for transactions involving new technologies as prescribed in Article 15 of the Law on Anti-Money Laundering.

2. Failing to formulate regulations on classification of customers on the basis of risk as prescribed in Clause 1, Article 12 of the Law on Anti-Money Laundering.

3. Failing to formulate and comply with internal regulations on anti-money laundering as prescribed by law.

Article 55. Acts of violating regulations on reporting high-value transactions, suspicious transactions and terrorism financing

1. A fine from VND 60,000,000 to VND 100,000,000 shall be imposed for any of the following acts of violation:

a) Failing to report high-value transactions;

b) Failing to report suspicious transactions in the business of betting and prize-winning games as prescribed in Clause 6, Article 22 of the Law on Anti-Money Laundering.

2. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for failing to specially monitor unusually high-value or complex transactions; transactions with organizations and individuals in countries or territories in the list published by the Financial Action Task Force for the anti-money laundering purpose or in the warning list as prescribed in Article 16 of the Law on Anti-Money Laundering; or falling to regularly check, clarify immediately when there is a suspicion that a player's transaction is related to terrorism financing.

Article 56. Acts violating regulations on prohibited acts in anti-money laundering and terrorism financing

1. A fine from VND 60,000,000 to VND 120,000,000 shall be imposed to the act of hindering the provision of information for anti-money laundering and terrorism financing.

2. A fine from VND 180,000,000 to VND 200,000,000 shall be imposed for any of the following acts of violation:

a) Organizing or facilitating the conduct of money laundering that is not serious enough for penal liability examination;

b) Failing to denounce acts of terrorism financing.

3. Additional sanctions:

Deprivation of the right to use the Certificate of eligibility for business from 03 to 06 months for administrative violations specified in Clause 2 of this Article.

 

Chapter III

COMPETENCE TO SANCTION ADMINISTRATIVE VIOLATIONS, APPLICATION OF REMEDIAL MEASURES AND PROCEDURES FOR SANCTIONING OF ADMINISTRATIVE VIOLATIONS

 

Article 57. Competence of inspectors

1. On-duty inspectors of financial inspectorates at all levels may impose warnings.

2. The Chief Inspectors of the Departments of Finance may:

a) Impose warnings;

b) Impose fines up to VND 100,000,000;

c) Confiscate material evidences and means used in administrative violations with a value not exceeding VND 200,000,000;

d) Apply the remedial measures specified in Article 4 of this Decree.

3. Heads of specialized inspection teams of the Ministry of Finance may:

a) Impose warnings;

b) Impose fines up to VND 140,000,000;

c) Confiscate material evidences and means used in administrative violations with a value not exceeding VND 280,000,000;

d) Apply the remedial measures specified in Article 4 of this Decree.

4. The Chief Inspector of the Ministry of Finance may:

a) Impose warnings;

b) Impose fines up to VND 200,000,000;

c) Confiscate material evidences and means used in administrative violations;

d) Deprive the right to use Certificates of eligibility for business for a definite time in accordance with this Decree;

dd) Apply the remedial measures specified in Article 4 of this Decree.

Article 58. Competence of the Public Security Force

1. Policemen and chiefs of commune-level police offices who are on duty may impose warnings.

2. Chiefs of district-level police offices, heads of the professional sections of the Police Department for Administrative Management of Social Order; heads of the professional sections of the Department of Cybersecurity and Hi-tech Crime Prevention; heads of the professional sections of the Immigration Management Department; heads of sections of provincial-level police offices including heads of police sections for administrative management of social order, heads of police sections for investigation of social order-related crimes, heads of police sections for investigation of crimes related to corruption, economy, and smuggling, heads of police sections for Cybersecurity and Hi-tech Crime Prevention, heads of immigration management sections, heads of economic security sections may:

a) Impose warnings;

b) Impose fines up to VND 40,000,000;

c) Confiscate material evidences and means used in administrative violations with a value not exceeding VND 80,000,000;

d) Apply the remedial measures specified in Clauses 4, 5, 6, and 7, Article 4 of this Decree.

3. Directors of provincial-level Departments of Public Security may:

a) Impose warnings;

b) Impose fines up to VND 100,000,000;

c) Confiscate material evidences and means used in administrative violations;

d) Apply the remedial measures specified in Article 4 of this Decree.

4. The director of the Economic Security Department, the director of the Police Department for Administrative Management of Social Order, the director of Police Department for Investigation of Social Order-Related Crimes, the director of Police Department for Investigation of crimes related to corruption, economy, and smuggling, the director of Department of Cybersecurity and Hi-tech Crime Prevention may:

a) Impose warnings;

b) Impose fines up to VND 200,000,000;

c) Confiscate material evidences and means used in administrative violations;

d) Apply the remedial measures specified in Article 4 of this Decree.

Article 59. Competence of the Chairpersons of provincial-level People’s Committees

1. Impose warnings.

2. Impose fines of up to VND 200,000,000.

3. Confiscate material evidences and means used in administrative violations.

4. Deprive of the right to use Certificates of eligibility for business for a definite time in accordance with this Decree.

5. Apply the remedial measures specified in Article 4 of this Decree.

Article 60. Making of written records of administrative violations

1. Upon detecting administrative violations in the fields of betting and prize-winning games, competent persons who are on duty specified in Articles 57, 58 and 59 of this Decree, shall promptly make written records.

2. A written record of an administrative violation must be made in accordance with the contents, forms and procedures prescribed by the law on handling of administrative violations and shall be used as a basis for making decisions on sanctioning of administrative violations.

3. In addition to the persons with sanctioning competence specified in Articles 57, 58, and 59 of this Decree, persons competent to sanction administrative violations from other agencies as defined in the law on handling of administrative violations may, within the ambit of their assigned functions and tasks, make written records of administrative violations in the field of betting and prize-winning games which they detect in the fields or localities under their management.

Article 61. Complaints and denunciations

The lodging and settlement of complaints and denunciations about decisions on sanctioning administrative violations in the field of betting and prize-winning games shall comply with the law on complaints and denunciations.

 

Chapter IV
IMPLEMENTATION PROVISIONS

 

Article 62. Effect

1. This Decree takes effect on January 01, 2022.

2. This Decree annuls a part of the following legal documents:

a) Chapter VII of the Government's Decree No. 06/2017/ND-CP dated January 24, 2017, on horse racing, greyhound racing and international football betting business;

b) Chapter VII of the Government's Decree No. 03/2017/ND-CP dated January 16, 2017, on casino business;

c) Chapter VII of the Government's Decree No. 86/2013/ND-CP dated July 29, 2013, on the business of prize-winning electronic games for foreigners;

d) Clauses 13, 14 and 15, Article 1 of the Government's Decree No. 175/2016/ND-CP dated December 30, 2016, amending and supplementing a number of articles of the Government’s Decree No. 86/2013/ND-CP of July 29, 2013, on provision of prized video game services for foreigners.

Article 63. Transitional provisions

1. For violations committed before the date on which this Decree takes effect but are detected or considered for handling decision after the effective date of this Decree, if this Decree does not provide for liability or impose lighter liability, this Decree shall prevail.

2. For administrative violations related to betting and prize-winning games for which the sanctioning decisions have been issued or have been executed before the effective date of this Decree, if administratively sanctioned organizations and individuals still lodge complaints, they shall be handled in accordance with the Government's Decree No. 06/2017/ND-CP dated January 24, 2017, on horse racing, greyhound racing and international football betting business, the Government's Decree No. 03/2017/ND-CP dated January 16, 2017, on casino business and the Government's Decree No. 86/2013/ND-CP dated July 29, 2013, on the business of prize-winning electronic games.

Article 64. Implementation responsibility

Ministers, heads of ministerial-level agencies, heads of government-attached agencies, chairpersons of People’s Committees of provinces and centrally-run cities, and related organizations and individuals shall implement this Decree.