In recent years, the Vietnamese video game industry has experienced strong growth, attracting interest from both domestic and international players. In that context, mastering the regulations related to this type of business is extremely important. Vietnamese law has set out many specific regulations to manage video game business activities and ensure a legally and sustainable development of the industry. This not only helps create a fair business environment but also protects the rights of consumers and other relevant parties.
In this article, BLawyers Vietnam provides an overview of the current legal provisions in Vietnam regarding the video game business.
1. What is a video game business?
A video game service is a type of service that affects cultural and social factors, especially for individuals with high entertainment needs such as children, adolescents, and adults. Therefore, Vietnam has built a legal system that regulates the business of video games (except video game businesses with prizes for foreigners and online video game businesses with prizes) as a conditional business line.
Accordingly, for each type of video game, Vietnamese law stipulates the conditions regarding the content of the game, as well as the conditions for suitable enterprises to create and operate the corresponding video game. Vietnamese law has classified video games into four groups based on the method of service provision and service usage with two different groups of conditions, including:
- Video games that have interaction among multiple players via the game server of the enterprise (hereinafter referred to as “G1 Game”) with a License to provide game services and approval of content and scripts for each video game condition. Some popular G1 Games in Vietnam include games such as Valorant and League of Legends;
- Video games that only have interaction between players and the game server of the enterprise (hereinafter referred to as “G2 Game”) with a Certificate of Registration of game service provision and service provision notices for each video game condition. Some popular G2 Games in Vietnam include games such as 2048, Gold Miner;
- Video games that have interaction among multiple players without interaction between players and the game server of the enterprise (hereinafter referred to as “G3 Game”) with a Certificate of Registration of game service provision and service provision notices for each video game condition;
- Video games that are downloaded from the Internet without interaction among players and between players and the game server of the enterprise (hereinafter referred to as “G4 Game”) with a Certificate of Registration of game service provision and service provision notices for each video game condition. However, due to the increasing trend of playing games on online platforms, G3 Games and G4 Games are no longer as popular as G1 Games and G2 Games.
2. Video-game age rating
In addition to classifying video games according to the method of service provision and service usage as described, video games are classified according to age factors to ensure appropriate content and images for players. Vietnamese law stipulates that video games are classified by age as follows:
- Video games suited for adults (aged 18 and up, marked as 18+) are games that have armed combat but have no pornography acts, sounds or images. Some games with the 18+ symbol that are popular in Vietnam include games like Call of Duy mobile VN and Tam Quoc Chien;
- Video games suited for teenagers (aged 12 and up, marked as 12+) are armed combat games without close and graphic weapon images; with restricted weapon impact sounds; and without acts, images, sounds of exposed-skin characters, or close-up attention to sensitive parts of the human body. Some games with the 12+ symbol that are popular in Vietnam include games like BOOM Mobile and Gunni Mobile;
- Video games suited for everyone (marked as 00+) are animated cartoon games without armed combat; without ghostly, horrible and violent images and sounds; without acts, images and sounds of exposed-skin characters; and without close-up attention to sensitive parts of the human body. Some games with the 00+ symbol that are popular in Vietnam include games like Co Ty Phu (or Monopoly) and Nong Trai Vui Ve.
Additionally, video game provider enterprises have the following responsibilities in classifying video games by age:
- Self-rating video games according to the age of players;
- Representing the video-game age rating in the application for authorizing a script of the G1 Game or in the notification to provide G2, G3 and G4 Games. The video-game age rating is one of the criteria used to assess video games G1;
- Displaying the video-game age rating in the top-left corner of the advertising window and device screen while the players use the video games.
3. Conditions for foreign investors doing video game business in Vietnam
Vietnamese law not only regulates video game business conditions for Vietnamese enterprises but also for foreign investors. To promote the development of video game businesses and healthy competition, Vietnamese law stipulates specific conditions for foreign investors to invest in this industry in Vietnam. Accordingly, those conditions are stipulated as follows: Foreign organizations and individuals that provide online video game services for Vietnamese users must establish enterprises in accordance with Vietnamese laws on the establishment of enterprises to provide online video game services under the Vietnamese laws that regulate the provision of video game services and foreign investment.
Therefore, foreign investors need to ensure the implementation of the provisions of the Law on Investment 2020, Law on Enterprise 2020 and guiding documents to provide video game services in Vietnam.
The above is not official advice from BLawyers Vietnam. If you have any questions or suggestions about the above, please contact us at info@blawyersvn.com. BLawyers Vietnam would love to hear from you.
Date: 24 July 2024
Writer: Thai Bui
