Dear Lawyer, I would like to establish a Poker club for business purposes in District 2, Ho Chi Minh City, aiming to organize tournaments and provide services for poker players. Could you please advise me on the legal conditions, procedures, and requirements for establishing a poker club and obtaining the necessary licenses to operate legally? Thank you!
Answer
In practice, a "Poker Club" is understood as an organization operating in the field of intellectual sports, focusing on organizing tournaments for interaction and skill development, without involving gambling or monetary betting. According to Vietnamese law, all forms of gambling are strictly prohibited, and the law currently does not permit the establishment of a business entity to engage in Poker as a regular commercial activity. Therefore, legal Poker activities may only be organized through the formation of a sports “Association.” This model is non-commercial and non-profit, aiming instead to promote the development of intellectual sports in the community in a lawful and healthy manner.
Establishing such an association or club is governed by Decree 126/2024/ND-CP and Decree 146/2024/ND-CP, and generally includes two main stages:
Stage 1: Establishing a Founding Committee
1. Conditions:
Based on your information, SB Law understands that you are an individual looking to form an association. The conditions for individuals to establish a founding committee are as follows:
- Members of the founding committee must be Vietnamese citizens who are committed, responsible, and active in the relevant field or related sectors.
- They must be of full legal capacity, in good health, and have no criminal record.
- The head of the founding committee must be of good political and moral standing, experienced, reputable, and knowledgeable in the intended field of the association, and must reside in Vietnam.
- Number of members required:
- National/inter-provincial level: at least 10 members representing different regions.
- Provincial level: at least 5 members from at least two district-level administrative units.
- District/commune level: at least 3 members.
Note: The founding committee will only be recognized by a competent state authority if all conditions are met.
- The founding committee must include a head, deputy head, and committee members.
- Responsibilities:
- Mobilize participants to register and form the association in accordance with the law.
- Within 12 months from the date of the official decision recognizing the founding committee, complete and submit a full dossier to the competent authority for approval.
- Automatically dissolve after the inaugural congress has elected the executive committee.
2. Required documents:
- Application for recognition of the founding committee.
- Brief resumes of proposed committee members and supporting documents.
- Curriculum vitae and Judicial Record No. 1 of each member, issued no more than 6 months prior to submission. (Not required for public officials with written approval from their managing authority.)
- Written approval from the competent authority regarding participation of public officials, if applicable.
3. Competent authority:
- Minister or head of ministry-level agency: for associations operating nationwide or inter-provincially.
- Chairman of the Provincial People’s Committee: for provincial-level associations.
- Chairman of the District People’s Committee: for district- or commune-level associations.
Since you intend to establish the association in Phu Nhuan District, Ho Chi Minh City, the competent authority is the Chairman of the Phu Nhuan District People’s Committee.
4. Procedures:
Within 30 working days from receipt of a valid application, the competent authority shall collect opinions from related agencies and either issue a decision recognizing the founding committee or provide a written refusal stating the reasons.
Note: If the founding committee fails to submit a complete and valid dossier within 12 months from the date of the recognition decision, that decision will automatically lapse.
Legal basis: Articles 11 and 12 of Decree 126/2024/ND-CP
Stage 2: Establishing the Association
1. Conditions:
- The name of the association must comply with Article 10.1 of Decree 126/2024/ND-CP.
- The primary field of activity must not overlap with any existing association’s main activity in the same jurisdiction.
- The association must have clear purposes, scope of activities, and comply with legal provisions.
- The association must have a draft charter.
- Must have a fixed and legal office address in Vietnam within the operational scope.
- Must have sufficient registered members:
- National/inter-provincial: at least 100 Vietnamese citizens.
- Provincial: at least 50 Vietnamese citizens.
- District/commune: at least 10 Vietnamese citizens.
- Must possess assets to ensure operations.
2. Required documents:
- Application for establishment of the association.
- Draft charter.
- Decision recognizing the founding committee and list of its members.
- List and application forms of individuals and organizations registering to participate.
- Curriculum vitae and Judicial Record No. 1 of the head of the founding committee (no older than 6 months).
- Approval from the authority managing public officers (if applicable).
- Documents proving lawful use of the proposed office location.
- Asset declaration for the association (if any).
- Commitment to funding the association’s operations for the first term (if applicable).
3. Competent authority:
- Prime Minister: for national-level associations with Party leadership.
- Minister of Home Affairs: for national/inter-provincial associations.
- Chairman of the Provincial People’s Committee: for provincial-level associations.
- Chairman of the District People’s Committee: for district/commune-level associations.
As you plan to form the association in Phu Nhuan District, Ho Chi Minh City, the competent authority is the Chairman of the Phu Nhuan District People’s Committee.
4. Procedures:
Within 60 working days from the receipt of a complete and valid dossier, the competent authority shall review, consult with relevant agencies, and issue a decision. If the application is denied, written reasons must be provided.
Establishing a Poker Club in Vietnam is possible, provided that it operates in line with the essence of an intellectual sport and does not become a disguised form of gambling. You must strictly comply with all regulations concerning association formation and ensure that tournament organization, chip usage, and participation fees are properly regulated and monitored.
