DNVN - The Vietnam Federation of Commerce and Industry (VCCI) has just provided some comments on the Draft Decree amending Clause 2, Article 12 of Decree No. 3/2017/ND-CP dated January 16, 2017 of the Government on casino business (Draft), including concerns about the time to pilot casino business.
Regarding the assessment of the pilot implementation, the Draft stipulates that "The Ministry of Finance shall preside over and coordinate with the Ministry of Public Security , the Ministry of Planning and Investment, the Ministry of Culture, Sports and Tourism, the State Bank of Vietnam and the Provincial People's Committees to summarize, evaluate and report to the Government to decide whether to continue allowing Vietnamese people to play in casinos or to possibly stop allowing Vietnamese people to play in casinos before December 31, 2024" (Point b, Clause 2, Article 12 (amended).
According to the provisions of Point a, Clause 2, Article 12 (amended), there are two pilot implementation periods: the pilot implementation period applies to the first casino business enterprise permitted to pilot: until the end of 2024; the pilot implementation period applies to other casino projects: 3 years from the date of being granted the Certificate of eligibility to operate a casino.
According to VCCI, the regulation at Point b, Clause 2, Article 12 above can be understood as applying to all businesses that are granted a certificate of eligibility to operate casinos (for the first businesses and businesses that are later licensed).
VCCI made many comments on the Draft Decree amending Clause 2, Article 12 of Decree No. 03/2017/ND-CP dated January 16, 2017 of the Government on casino business.
"This is inconsistent with the provisions in Point a, Clause 2, Article 12 (amended) when other casino projects are allowed to pilot for 3 years from the date of licensing, the licensing time may be after 2024. We propose that the Drafting Committee adjust this provision to apply to the first licensed project," VCCI stated.
Concerned about the pilot period, VCCI said: Point c, Clause 2, Article 12 (amended) stipulates: "During the period of summarizing and evaluating, businesses are allowed to continue allowing Vietnamese people to play at casino business locations until there is a Resolution of the Government".
This provision needs to be considered and reviewed. The reason is that according to the provisions of Point b, Clause 2, Article 12 (amended), the time for summarizing, evaluating and reporting to the Government is before December 31, 2024. This time is also consistent with the time for pilot implementation until the end of 2024 as prescribed in Point a, Clause 2, Article 12. Thus, if the summarizing and evaluating activities are carried out within the time limit prescribed in Point b, Clause 2, Article 12, the provisions of Point c, Clause 2, Article 12 are unnecessary.
If the summary, assessment and reporting to the Government are carried out after December 31, 2024 and/or the Government issues a Resolution after December 31, 2024, will businesses be allowed to continue allowing Vietnamese people to play at casino business locations? If understood this way, it is necessary to review the provisions at points a and b, clause 2, Article 12 to ensure consistency.
Regarding the end date of the pilot implementation, the Draft stipulates that “the pilot implementation period for Vietnamese people to play in casinos is until the end of 2024 from the date the first casino business is allowed to pilot allowing Vietnamese people to play at the Casino Business Point”. To ensure clarity and specificity, VCCI proposed that the Drafting Committee amend the phrase “end of 2024” to December 31, 2024.
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