Vietnam’s casino industry has undergone significant transformation in recent years, with the government implementing comprehensive regulations to ensure responsible gaming while promoting economic growth. This guide provides an in-depth look at the current regulatory landscape for casino operations in Vietnam.

Introduction

The Vietnamese casino industry represents a growing sector in the country’s tourism and entertainment landscape. Since the introduction of Decree 03/2017/ND-CP, which established the framework for casino operations, Vietnam has carefully balanced economic opportunities with social responsibility.

Overview of Vietnam’s Casino Industry

Vietnam currently hosts several integrated resorts and casinos, primarily catering to international tourists and eligible Vietnamese citizens. The industry has seen steady growth, particularly in popular tourist destinations like Phu Quoc and Ha Long Bay.

Legal Framework

The casino industry in Vietnam operates under a strict regulatory framework, governed by several key pieces of legislation:

Casino Licensing Requirements

Conditions for Registering a Casino Investment Project

Minimum Investment Capital
Investors must commit to a minimum capital investment of US$2 billion for an integrated entertainment complex with a casino.
Legal Basis: Article 23.1.c, Decree 03/2017/ND-CP

Project Scope and Components
The casino must be part of a complex including essential components such as hotels, convention centers, commercial spaces, and entertainment and tourism facilities.
Legal Basis: Article 23.1.b, Decree 03/2017/ND-CP

Approval of Investment Policy
The project must secure approval from competent authorities for its investment policy, including casino operations.
Legal Basis: Article 23.1.a, Decree 03/2017/ND-CP

Plan to Mitigate Negative Impacts
Investors must present a feasible plan to control and minimize any adverse effects associated with casino operations.
Legal Basis: Article 23.1.d, Decree 03/2017/ND-CP

Conditions for the Certificate of Casino Business Eligibility

Capital Disbursement of 50%
Investors must disburse at least 50% of the total registered investment capital for the project as stipulated in the IRC.
Legal Basis: Article 24.1.b, Decree 03/2017/ND-CP

Compliant Casino Business Area
The casino must be located in a designated area meeting all technical and security standards.
Legal Basis: Article 24.1.c, Decree 03/2017/ND-CP

Experienced Management Personnel
The casino’s management must have a minimum of 1 year of experience in casino operations and hold at least a bachelor’s degree. They must not fall under any prohibition against managing businesses.
Legal Basis: Article 24.1.d, Decree 03/2017/ND-CP

Comprehensive Business Plan
Investors are required to submit a detailed business plan ensuring compliance with Vietnam’s legal framework.
Legal Basis: Article 24.1.đ, Decree 03/2017/ND-CP

Operational Requirements

Casino operators in Vietnam must comply with strict operational guidelines to maintain their licenses. These requirements ensure the lawful, secure and responsible operation of casinos. 

Location and Facilities 

Under Article 5.2 of Decree No. 03/2017/ND-CP, the Vietnamese government imposes strict regulations on the location and facilities of casino operations to ensure their alignment with national economic and social objectives :

Casinos operate exclusively within integrated resort developments that authorities have approved. These developments typically offer luxury accommodations, entertainment venues, and various facilities that boost tourism and economic growth. By incorporating casinos into larger projects, developers aim to attract international tourists through comprehensive entertainment offerings. This transformation highlights the actors (authorities and developers) and focuses on their actions for a more dynamic tone.

Minimum gaming area requirements : This provision ensures a safe and comfortable environment for players. 

Mandatory security and surveillance systems : It aims to uphold safety and prevent illegal activities. These systems must include 24/7 monitoring of gaming areas and secure storage for surveillance recording. 

Staff Requirements

Casino operators in Vietnam must adhere to strict staffing regulations which govern employee qualifications, responsabilités and training standards. These rules ensure that operators conduct casino operations professionally and in full compliance with laws.

Mandatory training programs for all gaming staff : These programs are designed to equip employees with essential skills in gaming operations, customer service and legal compliance. Indeed, the training emphasizes awareness of problem gambling behaviors and strategies for addressing them responsibly. 

Background checks for key personnel : These checks ensure that all key personnel have no criminal records, conflict of interest or history of misconduct. It aims to safeguard the integrity of casino operations and minimise risks of fraud, corruption or other unethical practices.

Regular compliance training : Ongoing training is mandatory to ensure the staff remain updated on evolving legal and regulatory requirements. Employees are better equipped to identify and prevent violations and ensure that casino operations reman lawful and transparent. 

Player Regulations

Vietnam maintains strict rules governing casino access to ensure responsible gaming and compliance with national laws. These rules define who can legally enter casinos and under what conditions. 

Entry Requirements

Foreign passport holders : foreign nationals holding valid passports are granted unrestricted access to casinos in Vietnam. This policy reflects the objective to attract international tourists and foreign investors and to boost the economic growth through integrated resorts.

Legal basis : Article 11 of Decree 03/2017/ND-CP

Vietnamese citizens : Vietnamese citizens are subject to strict eligibility criteria to enter casinos. Indeed, they must meet a minimum monthly income of 10 million VND. It ensures that only those with sufficient financial means are permitted to gamble. 

Legal basis : Article 12.3.b of Decree 03/2017/ND-CP and Article 4 of Circular 102/2017/TT-BTC

Age restriction (for both): Only individuals over 21 years old are allowed to enter casinos and have full civil act capacity. It aligns with international standards to safeguard younger people from the social and financial risks associated with gambling.  

Legal basis : Article 12.3.a of Decree 03/2017/ND-CP

Financial Regulations

Casino operators in Vietnam must adhere to comprehensive and rigorous financial regulations to ensure transparency, accountability and compliance with national laws.

Tax Obligations

Special consumption tax : Casino operators are subject to a 35% tax on gross gaming revenue. Gaming is treated as a luxury activity, with significant contributions expected from operators to national and local budgets.  

Legal basis : Law on Special Consumption Tax 2008 and Consolidation Document No. 08/VBHN-VPQH

Corporate income tax : Casino operators are required to pay the corporate income tax under the standard rate of 20%. 

Legal basis : Law on Corporate Income Tax 2008

Regular financial reporting requirements : Casino operators must submit regulations financial reports including detailed records of revenue, expenses, tax declarations and compliance with AML measures. 

Legal basis : Articles 41 and 42 of Decree No. 03/2017/ND-CP and Chapter III of Circular No. 102/2017/TT-BTC

Compliance and Monitoring

Under articles 41 and 42 of Decree No. 03/2017/ND-CP, the government enforces strict compliance and monitoring ùechanisms to ensure the lawful and transparent operation of casinos. These measures aim to uphold regulatory standard, prevent illicit activities and safeguard public interest :

Regular audits by approved agencies : these audits ensure that casinos adhere to tax obligations, AML regulations and financial reporting requirements. Auditors verify revenue figures and gaming transactions. 

Quarterly compliance reports : These reports provide detailed information on financial performance and customer data, ipadates on the implementation of security protocol and adherence to legal obligations.  

On-site inspections by regulatory authorities : On-site inspections are carried out to monitor real-time compliance with laws and regulations. Inspectors review gaming operations, surveillance systems and staff practices. These inspections are often unannounced to detect potential violations or irregularities. 

Future Outlook

The Vietnamese casino industry shows promising growth potential, driven by strategic developments and evolving regulatory frameworks :

Expanding integrated resort areas at key tourist destinations will attract a large number of tourists and drive growth in the casino industry.

Potential reforms in the legal and regulatory framework could enhance access to the domestic market, creating significant opportunities for international investors.

Strengthening measures to ensure the sustainable and safe development of the casino industry, preventing issues related to gambling addiction, and protecting the rights of participants will create a safe and sustainable environment for players while maintaining social stability.

Conclusion

Vietnam’s casino regulations reflect a careful balance between promoting tourism growth and maintaining social responsibility. For investors and operators, understanding and complying with these regulations is crucial for successful casino operations in Vietnam.

For more detailed information about specific aspects of casino regulations or to begin the licensing process, interested parties should consult with the Ministry of Finance and relevant regulatory authorities.

Harley Miller Law Firm “HMLF”

Head office: 14th floor, HM Town building, 412 Nguyen Thi Minh Khai, Ward 05, District 3, Ho Chi Minh City.

Phone number: +84 937215585

Website: hmlf.vn 

Email: miller@hmlf.vn

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