Is it legal to open an internet cafe near a school in Vietnam?

Is it legal to open an internet cafe near a school in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What is an internet cafe?

Currently, there are no documents specifically regulating internet cafes. However, we can understand that an internet cafe (also known as a game room, internet cafe, internet room, game shop, internet access point...) is a type of e-business where the owner installs a certain number of computers, has an internet connection, and charges by the hour of play.

Thus, this is considered a place providing public electronic game services and internet access for customers.

2. Is it legal to open an internet cafe near a school in Vietnam?

According to Clause 2, Article 35 of Decree 72/2013/ND-CP (amended and supplemented in Decree 27/2018/ND-CP), the certificate of eligibility to run public gaming centers shall be issued after the conditions below are satisfied:

- The public gaming center is registered;

- 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;

- 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”;

The total area of computer rooms of the public gaming center is at least 50 m2 for urban areas in 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;

- Light and brightness in the computer rooms are balanced;

- The procedure and equipment for fire prevention and fighting are sufficient, according to regulations of the Ministry of Public Security;

- The fee of issuance of the Certificate of eligibility to run public gaming centers is paid.

Thus, opening an internet cafe near a school must ensure a minimum distance of 200 m or more from the school from the main or side door of the cafe to the main or side gate of the school.

3. Is there a penalty for opening an internet cafe too close to a school in Vietnam?

Clause 2, Article 105 of Decree 15/2020/ND-CP stipulates a fine ranging from VND 3,000,000 to VND 5,000,000 shall be imposed for the commission of one of the following violations:

- Establishing a point of public electronic gaming services in less than 200 m away from a primary school, lower or upper secondary school;

- Failing to indicate all of required information on the signboard as prescribed;

- Failing to post internal regulations on public electronic gaming services;

- Failing to post the updated list of G1 online games with approved scripts, accompanied by the age-ratings of such games, at the point of public electronic gaming services.

Thus, in case of establishing a public electronic game service provision point less than 200 m from the gate of an elementary school, middle school, or high school, a fine of from 3,000,000 VND to 5,000,000 VND may be imposed.

Nguyen Ngoc Que Anh

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