Questions:

A foreign-invested software company is planning on buying the copyright of a game online software developed by a company in South Korea to publish this game in Vietnam. The company would like to ask about conditions and procedures for publishing this online game.

Our advice:

According to the mentioned-above information, the company has some questions relating to the conditions and procedures that the company needs to perform before providing online game services. Bizlawyer would like to have some advice as follows:

Article 31.1 of Decree No. 72/2013/ND-CP stipulates that online games are classified into 04 types as follows:

1. Electronic games in which players interact with each other via a game server of the company (hereinafter referred to as G1 games);
2. Electronic games in which players interact with the game server (hereinafter referred to as G2 games);
3. Electronic games in which players interact with each other but do not interact with the game server (hereinafter referred to as G3 games); and
4. Electronic games downloaded from the Internet in which there is no interaction among players and between players and the game server (hereinafter referred to as G4 games).

Under Article 31.2 and 31.3 of Decree No. 72/2013/ND-CP, a company is able to provide G1 game services after obtaining a License for providing game services and a Decision on approval of contents and script for each game issued by Department of Radio, Television and Electronic Information – Ministry of Information and Communications; to provide G2, G3, and G4 game services after obtaining a Certificate of registration of game service provision issued by the Department and  (có obtain rồi)a notice of service provision for each game.

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The License for providing game services, the Certificate of registration of game service provision and the Decision on approval of contents and script for each game shall be issued when the conditions below are satisfied:

For G1 games:

• Conditions for granting the License for providing game services

The company should satisfy the following conditions:

1. Being established in accordance with the law of Vietnam and having registered the provision of online game services at a competent business registration agency;
2. Having domain names registered which is used to provide services;
3. Having financial situation, technical capacity and personnel which are suitable for the company’s operation scale and consistent with relevant laws; Taking measures to ensure information safety and security

• Conditions for granting the Decision on approval of contents and script for G1 games

The company shall be granted the Decision when fully satisfying the following conditions

1. Having a License for providing online game services with a term of at least 01 year;
2. Ensuring that the contents and script of electronic games shall meet the following requirements:

a) Not containing images and sounds for any one of the following purposes:

– Opposing the Socialist Republic of Vietnam; threatening national security, social order, and safety; sabotaging national solidarity; propagating wars and terrorism; causing hatred and conflicts within ethnic groups and religions;

– Propagating and inciting violence, lust, depravity, crime, social problems, superstition; sabotaging national traditions;

– Revealing national, military, security, economic, foreign affairs secrets and other secret prescribed by law;

– Providing false information which damages the reputation of an organization or the human dignity of an individual;

– Advertising, propagating, trading in banned goods or services; spreading prohibited publications; or

– Impersonating other organizations and individuals to spread false information which violates its lawful rights and interests

b) Not containing images or sounds

– Depict acts of murder, torture;

– Incite violence, concupiscence, pornography, vulgarity;

– Are contrary to national ethics, culture, and traditions;

– Misrepresent, damage historical traditions, violate provisions relating to sovereignty and territorial integrity; or

– Incite suicide, drug use, drinking alcohol, smoking, gambling, terrorism; mistreatment, women/children abuse, human trafficking, and other harmful or prohibited behaviors

3. Having the classification of games by ages which is suitable for the contents and script of the game;

4. Taking measures to manage a player’s account information.

For G2, G3, G4 games:

The conditions for registering game service provision for G2, G3, G4 games include:

1. The company is established in accordance with the law of Vietnam and has registered the provision of online game services at a competent business registration agency;
2. The company has domain names registered which are used to provide services in case of providing them on the Internet;
3. The company has financial, technical capacity and personnel which are suitable for the company’s operation scale; and
4. Taking measures to ensure information safety and security

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Conclusion

The above is our preliminary advice for our client’s problem relating to game online service provision. For more detailed information, please contact us directly via: Info@bizlawyer.vn or Hotline Call: (+84)86.888.1900 for timely advice and support.