I intend to open an online game store near a high school because it is easy to carry out business here and the customers are mainly students. I would like to be advised if my business is banned from being near school and conditions and procedures for opening an online game store?
FDVN’s opinion:
Sincerely thank you for your concerning our legal consulting service. We are glad to give you our advice for your question about opening an online game store.
[1] Conditions for an online game store:
According to Clause 35 Article 1 of Decree No. 27/2018/NĐ-CP on amendments to government’s Decree No. 72/2013/ND-CP dated on July 15, 2013, on management, provision, and use of internet services and online information
“Organizations and individuals may only run public gaming centers after obtaining the certificate of eligibility to run public gaming centers.”
Thus, you shall obtain the certificate of eligibility to run public gaming centers in the case that you want to run a public game center (Online game store).
According to Clause 35 Article 1 of Decree No. 27/2018/NĐ-CP, organizations and individuals obtaining the certificate of eligibility to run public gaming centers shall meet the following requirements:
a) The public gaming center is registered;
b) The public gaming center is at least 200m far away from primary schools, lower secondary schools, upper secondary schools, secondary schools, continuing education centers, upper-secondary ethnic boarding schools, and upper-secondary ethnic day schools, based on the shortest road length from the public gaming center to the main entrance or side entrance to these schools;
c) A sign saying “public gaming center” is put up, which specifies the name, address, phone number, and business registration number. If the public gaming center is also an Internet agency, the sign must also say “Internet agency”. If the public gaming center is also a public Internet access point, the sign must also say “public Internet access point”.
d) The total area of computer rooms of the public gaming center is at least 50 m2 for urban areas in the special class, class I, class II, class III, at least 40 m2 for urban areas in class IV, class V, and at least 30 m2 for other areas;
đ) Light and brightness in the computer rooms are balanced;
e) The procedure and equipment for fire prevention and fighting are sufficient, according to regulations of the Ministry of Public Security;
g) The fee of issuance of the Certificate of eligibility to run public gaming centers is paid.
[2]. Business registration procedures for opening an online game store.
You shall be allowed to choose the type of business that meets your needs depending on your conditions and expectations. Nowadays, most of public video game service points are open in the form of business households. You can refer to the business registration procedure stipulated in Decree No. 78/2015/ND-CP on enterprise registration:
Documents for registration:
– Application form for business household registration
– List of individuals contributing capital to establish business households
– Legitimate copies of the unexpired ID cards or passports of individuals in the business household or representative of the household.
– A legitimate copy of the minutes of the meeting of the group of individuals on the establishment of the business household.
Authority agency:
Business registration authority of the district where the business household locates.
Procedures for business household registration:
Each business household shall submit 01 application to the business registration authority of the district when applying for business household registration and receive the receipt from the business registration authority of the district.
When receiving the application, the business registration authority of the district shall give a receipt to the applicant and issue the certificate of business household registration within 03 working days from the receipt of the application if all of the following conditions are satisfied:
+ The registered business lines are not prohibited;
+ The name of the business household is conformable with Article 73 of this Decree;
+ Fees and charges for registration are fully paid.
If the application is not satisfactory, within 03 working days from the receipt of the application, the business registration authority of the district shall inform the applicant of necessary revisions or supplementation.
[2] Procedure for applying for the certificate of eligibility to run public gaming centers:
According to Clause 36 Article 1 of Decree No. 27/2018/NĐ-CP:
Documents for applying: 01 set.
– An application form for the certificate using Form 05 or 06 in Appendix I issued herewith;
– Certified true copy(ies) of the public gaming center registration certificate;
– Certified true copy(ies) of ID card/citizen identification card/passport of public gaming center owner if the owner is an individual; certified true copy(ies) of ID card/citizen identification card/passport of representative of the organization or enterprise running the public gaming center if the owner is an organization or enterprise.
The issuing authorities:
Departments of Information and Communications or the People’s Committees of districts authorized by People’s Committees of provinces and central-affiliated cities (hereinafter referred to as provinces) in terms of issuance of certificates of eligibility to run public gaming centers.
Time limit and application processing:
Within 10 working days from the date on which the application prescribed in Clause 2 of this Article is received, the issuing authority shall verify the application, undertake an inspection visit to the facility and consider issuing a certificate of eligibility to run public gaming center. If the application is refused, the issuing authority must provide an explanation in writing.
Above are the advice of FDVN Limited Law Firm base on studying law provisions and theories. We hope that our opinions would be useful.
Legal Expert: Nguyen Thi Hai Nhi
FDVN Law Company
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