Thông tư hướng dẫn Nghị định 121

NGHỊ ĐỊNH

SỬA ĐỔI, BỔ SUNG MỘT SỐ ĐIỀU CỦA NGHỊ ĐỊNH SỐ 49/2013/NĐ-CP NGÀY 14 THÁNG 5 NĂM 2013 CỦA CHÍNH PHỦ QUY ĐỊNH CHI TIẾT THI HÀNH MỘT SỐ ĐIỀU CỦA BỘ LUẬT LAO ĐỘNG VỀ TIỀN LƯƠNG

Căn cứ Luật tổ chức Chính phủ ngày 19 tháng 6 năm 2015;

Căn cứ Bộ luật lao động ngày 18 tháng 6 năm 2012;

Theo đề nghị của Bộ trưởng Bộ Lao động - Thương binh và Xã hội;

Chính phủ ban hành Nghị định sửa đổi, bổ sung một số điều của Nghị định số 49/2013/NĐ-CP ngày 14 tháng 5 năm 2013 của Chính phủ quy định chi tiết thi hành một số điều của Bộ luật lao động về tiền lương.

Điều 1. Sửa đổi, bổ sung một số điều của Nghị định số 49/2013/NĐ-CP ngày 14 tháng 5 năm 2013 của Chính phủ quy định chi tiết thi hành một số điều của Bộ luật lao động về tiền lương như sau:

1. Bổ sung Điều 8 Chương III như sau:

“Điều 8. Nguyên tắc xây dựng định mức lao động

Doanh nghiệp xây dựng định mức lao động làm cơ sở để trả lương cho người lao động hưởng lương theo sản phẩm, đảm bảo các nguyên tắc sau đây:”

2. Bổ sung vào cuối điểm a khoản 2 Điều 10 Chương IV như sau:

“Đối với doanh nghiệp sử dụng dưới 10 lao động được miễn thủ tục gửi thang lương, bảng lương, định mức lao động cho cơ quan quản lý nhà nước về lao động cấp huyện nơi đặt cơ sở sản xuất, kinh doanh của doanh nghiệp.”

Điều 2. Hiệu lực thi hành

1. Nghị định này có hiệu lực thi hành từ ngày 01 tháng 11 năm 2018.

2. Bộ trưởng, Thủ trưởng cơ quan ngang bộ, Thủ trưởng cơ quan thuộc Chính phủ, Chủ tịch Ủy ban nhân dân tỉnh, thành phố trực thuộc trung ương và các cơ quan, doanh nghiệp chịu trách nhiệm thi hành Nghị định này./.

CIRCULAR

Guiding a number of articles of the Government’s Decree No. 121/2021/ND-CP dated December 27, 2021, providing the business of prize-winning video games for foreigners

_____________

Pursuant to the Government’s Decree No. 121/2021/ND-CP dated December 27, 2021, providing the business of prize-winning video games for foreigners;

Pursuant to the Government’s Decree No. 87/2017/ND-CP dated July 26, 2017, defining the functions, tasks, powers and organizational structure of the Ministry of Finance;

At the proposal of Director of the Department of Banking and Financial Institutions;

The Minister of Finance promulgates the Circular guiding a number of articles of the Government’s Decree No. 121/2021/ND-CP dated December 27, 2021, providing the business of prize-winning video games for foreigners.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Circular guides contents of management of tokens; licensing fee; finance regimes; discount; and accounting and reporting regimes specified in Clause 2 Article 12, Article 27, Clause 2 Article 35, Clause 4 Article 36, Article 37 of the Government’s Decree No. 121/2021/ND-CP dated December 27, 2021, providing the business of prize-winning video games for foreigners [hereinafter referred to as Decree No. 121/2021/ND-CP].

Article 2. Subjects of application

1. Enterprises conducting the business of prize-winning video games for foreigners.

2. Persons permitted to play prize-winning video games and persons permitted to enter and leave facilities where the business of prize-winning video games for foreigners is conducted in accordance with law regulations.

3. State management agencies with the functions related to the licensing, management, supervision, examination and inspection of the business of prize-winning video games for foreigners.

4. Other organizations and individuals involved in the business of prize-winning video games for foreigners.

Chapter II

SPECIFIC PROVISIONS

Article 3. Management of tokens

1. At least 5 working days before putting tokens into business, an enterprise shall notify in writing the form, model, quantity and type of such tokens to the provincial-level Department of Finance and the local tax agency directly managing the enterprise for monitoring and management.

2. An enterprise may suspend the use of tokens according to its management requirements. At least 5 working days before suspending the use of tokens, the enterprise shall notify such in writing to the provincial-level Department of Finance and the local tax agency directly managing the enterprise for monitoring and management. A notification must clearly state the time of suspension, reason[s] for suspension and expected time of resumption of the use of tokens. In case of a change in the expected time of resumption of the use of tokens, the enterprise shall notify such in writing to the above-mentioned agencies.

3. An enterprise shall keep a book for monitoring and management of its tokens, which must contain the following basic details:

a] Form of tokens;

b] Quantity and type of tokens which the enterprise has purchased, re-exported or destroyed, classified by par value and foreign currency, date of purchase, re-export or destruction, name of manufacturer or supplier [if any];

c] Other details according to management requirements of the enterprise.

Article 4. Management of cash and tokens at vaults, cashier’s counters and prize-winning video game machines

1. Enterprises shall elaborate and issue regulations on financial management and process of management of tokens, and organize the separate management at vaults, cashier’s counters and prize-winning video game machines.

2. Enterprises may only exchange cash into tokens for players before they play and exchange tokens into cash for players at cashier’s counters and make out exchange bills, using the form provided in Appendix No. 01 to this Circular. The cashier section shall monitor specific cash and token amounts actually exchanged in a given period.

3. Enterprises shall prepare special-use trunks [bags] for containing cash and tokens. These trunks [bags] must be sealed up before being taken out of vaults and immediately after being taken out of prize-winning video game machines.

4. The breaking of seals on trunks [bags] and inventory and counting of transactions at cashier’s counters shall be carried out at a certain time under enterprises’ regulations on financial management and process of management of tokens and be certified according to forms of invoices and documents, including token ex-warehousing bill, token warehousing bill, turnover summation bill and cash balance bill provided in Appendices No. 02, 03, 04 and 05 to this Circular.

Article 5. Licensing charge

1. The appraisal charge for the grant or extension of a business eligibility certificate of an enterprise is VND 150,000,000.

2. The appraisal charge for the re-grant or modification of a business eligibility certificate of an enterprise is VND 5,000,000.

3. The appraisal charges for grant, re-grant, modification and extension of business eligibility certificates under Clauses 1 and 2 of this Article are revenues of the central budget.

4. After appraising enterprises’ satisfaction of the conditions for the grant, re-grant, modification and extension of business eligibility certificates, the Ministry of Finance shall send notices to the enterprises for payment of appraisal charges in accordance with law regulations.

5. After receiving a notice of the Ministry of Finance, an enterprise shall pay the charge into the state budget according to the current state budget index in accordance with the Ministry of Finance’s Circular No. 328/2016/TT-BTC dated December 26, 2016 guiding the collection and management of state budget revenues through the State Treasury and its replacing or amending, supplementing documents [if any] and send a copy of the charge receipt to the Ministry of Finance. An enterprise may be granted or re-granted a business eligibility certificate or have it modified or extended only after paying the charge into the state budget.

Chapter III

FINANCIAL MANAGEMENT, ACCOUNTING AND AUDITING AND REPORTING REGIMES

Article 6. Principles of accounting and management of turnover and expenses

1. Enterprises shall account turnover and expenses in conformity with accounting standards and the guidance of this Circular.

2. Enterprises conducting the business of prize-winning video games shall separately account turnover, expense and profit amounts related to this business and have these amounts separately monitored in their accounting books and financial statements. In case it is not possible to separately account the turnover from the business of prize-winning video games, the wholly turnover shall be counted as the turnover from the business of prize-winning video games and be the turnover used to calculate their excise tax payable.

3. The determination of turnover, expenses and other incomes, and contents related to tax on the business of prize-winning video games must comply with tax law regulations.

Article 7. Turnover

1. Turnover from the business of prize-winning video games includes:

a] Turnover from the commercial operation of prize-winning video games that is all proceeds from the exchange of tokens for players and the money amount collected at the prize-winning video game machines after the amount returned to the winning players or the amount the players do not use are deducted.

b] Turnover from financial activities and other incomes arising from the business of prize-winning video games in accordance with current accounting regime regulations.

2. Discount given by enterprises conducting the business of prize-winning video games under Article 35 of Decree No. 121/2021/ND-CP shall be as follows:

a] Persons eligible for discount: Players who purchase tokens valued at least USD 50,000 per time.

b] Enterprises shall be eligible for reduction of taxable turnover in accordance with tax law regulations. The method of determination of reduced tax amounts must comply with tax law regulations.

c] Enterprises shall notify their discount policies to tax agencies directly managing them.

Article 8. Expenses

1. Expenses for the business of prize-winning video games are all expenses paid for this business and determined under law regulations. In cases expenses for the business of prize-winning video games are associated with enterprises’ other business activities, enterprises shall allocate such expenses according to the percentage [%] between the turnover from the business of prize-winning video games and the total turnover of the enterprises.

2. Expenses for prize payout are money amounts actually paid by enterprises to players who win games on prize-winning video game machine under game rules and tax law regulations.

Article 9. Accounting and audit regimes

1. Enterprises shall observe the accounting regime in accordance with the Accounting Law and current law regulations on accounting.

2. Annual financial statements of enterprises conducting the business of prize-winning video games must be audited by licensed independent audit firms lawfully operating in Vietnam.

3. Enterprises shall preserve their financial statements in accordance with the Accounting Law and amending, supplementing or replacing documents [if any].  Special declaration forms specified in Appendices No. 01, 02, 03, 04 and 05 to this Circular must be preserved for at least 5 years to serve the examination and inspection by state management agencies.

Article 10. Reporting regime

1. For financial statements

a] An enterprise conducting the business of prize-winning video games must make a financial statement as prescribed in Clause 2, Article 9 of this Circular and send it to the Ministry of Finance, the provincial-level Department of Finance, and the local Tax Department within 90 days from the last day of an annual accounting period;

b] Within 120 days from the last day of an annual accounting period, the enterprise conducting the business of prize-winning video games shall publicize its financial statement in accordance with law regulations.

2. For reports on professional operations

a] On a quarterly basis and at the end of the year, an enterprise conducting the business of prize-winning video games shall make and send the following reports on professional operations:

-  Report on number and types of prize-winning video game machines and prize-winning video games, made according to the form provided in Appendix No. 06 to this Circular;

- Report on purchase, use, re-export or destruction of equipment of prize-winning video game machines, made according to the form provided in Appendix No. 07 to this Circular;

-  Report on situation of the business of prize-winning video games, made according to the form provided in Appendix No. 08 to this Circular.

b] Period for closing report data

- For quarterly reports: From the first day of the first month of a quarter to the last day of the last month of the quarter of the reporting period;

- For annual reports: From January 01 to December 31 of the reporting year;

c] Time limit and place of receipt of reports

Reports on professional operations specified at Point a of this Clause shall be sent to the Ministry of Finance; provincial-level Department of Finance; provincial-level Department of Culture, Sports and Tourism [or provincial-level Department of Culture and Sports] and local Tax Department within 15 days from the last day of a [quarterly or annual] accounting period. The at-law representative of the enterprise conducting the business of prize-winning video games shall take responsibility before law for the accuracy and truthfulness of these reports.

3. In addition to the reports prescribed in Clauses 1 and 2 of this Article, an enterprise conducting the business of prize-winning video games must make and send an irregular report to the Ministry of Finance at the request of management.

4. Methods of sending reports

a] Send directly in the form of paper documents;

b] Send by post in the form of paper documents;

c] Send via e-mail system or specialized reporting information software system;

d] Other methods as specified by law regulations.

Chapter IV

RESPONSIBILITIES OF ORGANIZATIONS

Article 11. Responsibilities of provincial-level Departments of Finance

To manage, supervise and examine the business of prize-winning video games in their localities and advise People’s Committees of provinces and centrally-run cities on the management, supervision and examination of this business in their localities in accordance with the Decree No. 121/2021/ND-CP, this Circular and relevant law regulations.

Article 12. Responsibilities of local Tax Departments

1. To coordinate with provincial-level Departments of Finance and related agencies in managing, supervising and examining the business of prize-winning video games in their localities in accordance with the Decree No. 121/2021/ND-CP, this Circular and relevant law regulations.

2. To manage, examine and inspect the performance of the obligations to pay taxes and charges by enterprises conducting the business of prize-winning video games in accordance with law regulations.

Article 13. Responsibilities of enterprises conducting the business of prize-winning video games

1. To comply with law regulations on the business of prize-winning video games, including the Decree No. 121/2021/ND-CP, this Circular and other relevant law regulations.

2. To elaborate and issue their professional management regulations and processes to ensure the transparency, truthfulness and compliance with law regulations on prize-winning video game business.

Chapter V

ORGANIZATION OF IMPLEMENTATION

Article 14. Implementation provisions

1. This Circular takes effect on August 08, 2022.

2. This Circular replaces the following documents:

a] The Ministry of Finance’s Circular No. 11/2014/TT-BTC dated January 17, 2014, guiding a number of articles of the Government’s Decree No. 86/2013/ND-CP dated July 29, 2013, providing the business of prize-winning video games for foreigners;

b] The Ministry of Finance’s Circular No. 57/2017/TT-BTC dated June 2, 2017 on amending and supplementing a number of articles of the Circular No. 11/2014/TT-BTC dated January 17, 2014 of the Ministry of Finance, guiding a number of articles of the Government’s Decree No. 86/2013/ND-CP dated July 29, 2013, providing the business of prize-winning video games for foreigners.

3. This Circular annuls Article 8 of the Ministry of Finance’s Circular No. 84/2020/TT-BTC dated October 01, 2020 on amending and supplementing regulations on the periodic report regime under the Minister of Finance’s decision in the field of finance and banking.

4. Any problem arising in the course of implementation shall be promptly reported to the Ministry of Finance for consideration and settlement./.

* All Appendices are not translated herein.