The Ministry of Finance said that this Decree takes effect from January 1, 2022 and replaces all regulations on sanctioning of administrative violations in Decrees on betting, casino and electronic games business. bonus (TCDTCT).
The Decree stipulates: based on the nature, severity and consequences of violations, warnings; a maximum fine of 200 million dong for organizations and 100 million dong for individuals; Deprivation of the right to use the Certificate of Business Eligibility (BRC) for a definite term (maximum 24 months); Confiscate exhibits and means used to commit administrative violations. Specifically:
A fine ranging from VND 180 to VND 200 million shall be imposed for violations of conditions on business organization, business scope, management of subjects who are allowed to play bets and prize-winning games, and the number of game machines. games, game tables and types and types of prize-winning games (for casino business and CIT). Apply the additional sanction of deprivation of the right to use the Business Registration Certificate for a maximum of 24 months.
Increase the level of fines for administrative violations regarding the application for the Certificate of Business Registration, the Game Rules/Betting Rules, etc. to reflect the true nature and extent of the violation and ensure deterrence and strictness. under the law. Specifically, a fine of from 40 to 60 million dong for acts of arbitrarily correcting or erasing documents in the application for a business registration certificate, from 80 to 100 million dong for making and certifying documents, documents forging documents in the application for the Certificate of Business Registration; a fine of from 40-50 million VND for the act of not submitting the Game Rules/Betting Rules to the state agency, from 90-100 million VND for the act of not publicly publishing the Game Rules/Sports Rules. betting odds, from 180 to 200 million dong for the act of not building and promulgating the Game Rules/Betting Rules.
The Decree stipulates that the fine level for administrative violations in casino business and betting is higher than the fine level in the business of financial institutions (such as violations of regulations on management of game machines, game tables, etc.) game equipment, payment of prizes, confirmation of winnings, etc.) in order to properly reflect the nature, extent and consequences of violations among different types of prize-winning entertainment and to ensure the correct principles of sanctioning administrative violations. prescribed in the Law on handling of administrative violations.
In the Decree, the Government added two groups of administrative violations as follows:
For violations of advertising: A fine of between VND 60 million and VND 80 million shall be imposed in case of advertising betting business and prize-winning games without a business license from a competent state management agency. or the content and form of advertisement are not in accordance with the provisions of law.
For violations on anti-money laundering: A fine of between VND 40-60 million for failure to update customer identification information; A fine of from 60 to 100 million dong for the act of failing to apply measures to identify customers; do not report large value transactions, suspicious transactions; A fine ranging from VND 180 to VND 200 million shall be imposed for non-supervisory acts, especially for transactions of unusually large value; organize or facilitate the conduct of money laundering without the level of criminal prosecution.
Regarding the authority to make minutes and sanction administrative violations: Chief Inspector of the Department of Finance has the right to impose a fine of up to 100 million VND, and confiscate exhibits and means of administrative violation up to 200 million VND; The head of the specialized inspection team of the Ministry of Finance has the power to impose a fine of up to 140 million dong, and confiscate material evidences and means of administrative violation up to 280 million dong; The Chief Inspector of the Ministry of Finance has the power to impose a fine of up to 200 million VND, confiscate exhibits and means of administrative violation and revoke the right to use the Business Registration Certificate for a definite term.
The head of the district-level police station, the head of the professional division of the Ministry of Public Security, the head of the provincial-level Public Security Department has the right to impose a fine of up to 40 million dong, to confiscate evidences and means of administrative offenses up to 80 million dong; Provincial-level police chiefs have the power to impose fines of up to VND 100 million, to confiscate evidences and means of administrative violations; The director of the Ministry of Public Security has the power to impose a fine of up to VND 200 million, and to confiscate administrative evidences and means.
The Chairman of the Provincial People’s Committee has the power to impose a fine of up to VND 200 million, confiscate exhibits and means of administrative violation and revoke the right to use the Business Registration Certificate for a definite term.
Le Kim Lien