THE GOVERNMENT
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|
THE SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
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|
No.:
122/2017/ND-CP
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Hanoi, November
13, 2017
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DECREE
FINANCIAL
MANAGEMENT AND PERFORMANCE ASSESSMENT OF LOTTERY ENTERPRISES, STOCK EXCHANGES
AND VIETNAM SECURITIES DEPOSITORY
Pursuant to the Law on Government Organization
dated June 19, 2015;
Pursuant to the Enterprise Law dated November
26, 2014;
Pursuant to the Law dated November 26, 2014 on
management and utilization of state capital invested in the enterprises’
manufacturing and business operations;
Pursuant to the Law on Securities dated June 29,
2006 and the Law dated November 24, 2010 on amendments to the Law on
Securities;
At the request of Minister of Finance;
The Government promulgates this Decree to
provide for certain contents about financial management and performance
assessment of lottery enterprises, stock exchanges and Vietnam Securities
Depository.
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GENERAL PROVISIONS
Article 1. Scope
This Decree deals with the financial management and
performance assessment of lottery enterprises, stock exchanges and Vietnam
Securities Depository.
Article 2. Regulated entities
1. Lottery enterprises, including single-member
limited liability companies that are duly incorporated by People's Committees
of provinces or central-affiliated cities and Vietnam Lottery One-member
Limited Liability Company (hereinafter referred to as “Vietlott”).
2. Stock Exchanges and Vietnam Securities
Depository.
3. Representative agencies of state capital owner
in lottery enterprises, Stock Exchanges and Vietnam Securities Depository.
4. Other organizations and individuals involved in
the financial management and performance assessment of lottery enterprises,
Stock Exchanges and Vietnam Securities Depository.
Chapter II
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Article 3. Investments by a
lottery enterprise
A lottery enterprise is only allowed to make
investments in industries/sectors directly relating its lottery business.
Article 4. Revenue of a lottery
enterprise
1. Revenues earned by a lottery enterprise include:
Revenues from licensed lottery operations, revenues from other business
operations, financial incomes as regulated by law and other incomes.
2. With regard to accumulated prizes of
computerized lottery products, if over the claim period but the winner fails to
claim his/her prize, the lottery enterprise that is licensed to engage in
online lottery business may record such unclaimed prize as its other incomes.
Article 5. Expenses
When making declaration of the corporate income
tax, the lottery enterprise may record the following expenses as its deductible
expenses:
1. Prize expenses:
a) Prize expenses incurred in course of launching
traditional lottery products, lotto games and instant games shall be the
amounts actually paid to winners who have winning tickets in accordance with
regulations of law. With respect to traditional lottery products launched under
the cooperation mechanism for lottery issuance, prize expenses include: Prize
amounts actually paid out to winners by a lottery enterprise itself as provided
for in the Regulation on operation of the Regional Lottery Council; An amount
of prize payouts which must be paid by the lottery enterprise according to a
payment percentage set forth to winners who present winning tickets for which
the payment is jointly made by the lottery enterprise and the Regional Lottery
Council in accordance with the said Regulation on operation of the Regional
Lottery Council.
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2. Agent commissions:
a) Agent commission is the amount paid to a lottery
agent by the lottery enterprise in return for selling lottery tickets.
b) Ministry of Finance shall stipulate specific
rate of commission paid to lottery agents set forth in this clause in each
period.
c) The commission rate must be specified in the
lottery sales agent agreement signed by and between the lottery enterprise and
a lottery agent.
d) The lottery enterprise shall pay commission to a
lottery agent after the number of lottery tickets sold out by such agent in the
period has been verified and such agent has fulfilled all economic obligations
specified in the signed lottery sales agent agreement.
dd) Before paying commission to a lottery agent,
the lottery enterprise shall deduct the tax amount to be paid by such agent in
accordance with regulations of the Law on Taxation.
3. Fees of authorization for payment to prize
winners
a) Ministry of Finance shall stipulate specific
fees paid to lottery agents authorized to make payments to prize winners as set
forth in this clause in each period.
b) Authorization fee shall be paid according to the
lottery sales agent agreement signed by and between the lottery enterprise and
a lottery agent which includes a clause on authorization for payment to prize
winners and other documents proving that such lottery agent has made payments
to prize winners.
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4. Drawing cost and supervisory fee:
a) Drawing cost includes the cost of leasing hall
for organize drawing activities and costs of other equipment/services purchased
or leased to conduct a draw. In case of cooperation in lottery issuance, all
participating lottery enterprises shall together conduct a draw, the cost of
such lottery draw incurred by each lottery enterprise shall be determined
according to the ratio of quantity of lottery tickets received for sale by such
lottery enterprise to the total quantity of tickets of an issuance."
Determination of drawing cost incurred by each lottery enterprise is specified
in the Regulation on operation of the Regional Lottery Council.
b) Payment of remunerations to members of the
lottery supervision council shall depend on the approval by the representative
agency of state capital owner according to the request by the lottery
enterprise. Determination of such remunerations shall apply the principle
of economy and efficiency in conformity with duties of each member so as to
emphasize his/her responsibility to fulfill supervisory duties.
5. Contributions towards preventing illegal numbers
game and issuance of fake lottery tickets:
a) Contribution principle:
- Contributions shall be directly made to police
authorities and relevant agencies in local area or in the administrative
location where business activities are carried out so as to conduct
investigation and handling of cases of illegal numbers game and issuance of
fake lottery tickets.
- Each lottery enterprise shall make contributions
according to its financial capacity.
- Contributions are proved by legal
invoices/vouchers issued in accordance with regulations of law.
- Contributions shall be made according to copies
of judgments issued by people’s courts, decisions on filling a lawsuit or
decisions on imposition of administrative penalties and receipts of fine
payment.
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b) Ministry of Finance shall stipulate specific
limits of contributions towards preventing illegal numbers game and issuance of
fake lottery tickets in each period in accordance with regulations herein.
c) Based on the reality and contribution limits
prescribed in this clause, the lottery enterprise shall request the
representative agency of state capital owner to consider giving approval for
specific contents and contributions.
6. Contributions to prize reserve fund:
a) Principles for setting aside the prize reserve
fund:
- A lottery enterprise is allowed to set aside the
prize reserve fund only when launching licensed lottery products according to
the fixed pay-out method in compliance with regulations of the Law on Lottery Business.
- When setting up the prize reserve, the lottery
enterprise must not incur loss and have the actual payout smaller than the
planned payout as regulated by the Law on Lottery Business. Actual payout in
the period is determined by adopting the following formula:
Actual payout
=
Total prize
expenses paid in the period
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100%
Total taxable
revenue in the period
Total taxable revenue of Vietlott in the period shall
exclude receipts from sale of lottery tickets in previous periods when drawing
is not yet conducted.
- At the time of setting aside the prize reserve,
total balance of the prize reserve fund of a lottery enterprise in the Northern
or Central region shall not exceed 10% of total taxable revenue from all
licensed lottery types, and that of a lottery enterprise in Southern region or
Vietlott shall not exceed 3% of the same.
b) The prize reserve for each lottery type is
determined by adopting the following formula:
Prize reserve
=
Total taxable
revenue from a certain licensed lottery type in the period
x
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-
Total prize amounts
actually paid to winners of that licensed lottery type by the lottery
enterprise.
c) The lottery enterprise is allowed to
provisionally set aside the prize reserve on a quarterly basis and record such
reserve in accounts at the end of the fiscal year if it satisfies the
requirements in Point a of this Clause
d) The lottery enterprise may use the prize reserve
fund to pay out prizes if the actual payout is greater than the planned payout
in the period. In case the balance of the prize reserve fund is not enough to
pay prize amounts to all winners, the deficit shall be recorded as operating
expenses. Ending balance of the prize reserve fund shall be carried forward to
the previous year. If the balance of the prize reserve fund set up in the
period by a lottery enterprise exceeds the limit prescribed in Point a of this
Clause, the difference must be reserved to “other incomes” account.
7. Lottery ticket expenses:
a) Cost of printing lottery tickets as the actual
amounts paid to the printing facility, costs of transport, loading/unloading
and storage, and surcharges (if any) or payments for printing lottery tickets
of each issuance in accordance with regulations of the Regional Lottery Council
on the basis of the economic contract signed by and between the lottery
enterprise and printing facility.
b) Cost of printing betting slips, buying printing
paper, printing inks and other expenses incurred in course of launching
computerized lottery products according to economic contracts signed between
the lottery enterprise and relevant service providers.
c) If a lottery enterprise prints lottery tickets
itself, cost of printing lottery tickets shall be reasonable expenses actually
incurred and recorded as its general administration expenses.
8. Costs of providing information about lottery
tickets, draws and drawing results:
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b) These costs are paid according to economic
contracts, valid invoices and vouchers as regulated by the Law on Taxation.
9. Contributions towards maintaining operation of
the Regional Lottery Council:
a) Ministry of Finance shall stipulate specific
limits of contributions towards maintaining operation of the Regional Lottery
Council as mentioned in this Clause in each period.
b) Any expenses paid must have valid vouchers. In
case the Regional Lottery Council itself takes charge of spend management,
spending limits must be approved by the Council. Chairperson of the Regional
Lottery Council shall be legally responsible for the legality and validity of
spending items. Ending a fiscal year, these operating expenses must be recorded
into accounts so as to disclose before the Regional Lottery Council. Ending
balance shall be carried forward to the following year to use for proper
purposes.
Article 6. Rules for discharge
of obligations to state budget by Vietlott
1. Actual revenue from launching computerized
lottery products of Vietlott in each province or central-affiliated city is
determined according to the following regulations.
a) For computerized lottery tickets provided
through lottery terminals: Revenue from launching computerized lottery
products includes receipts from sale of computerized lottery tickets through
registered lottery terminals in a province or central-affiliated city under
provisions of lottery sales agent agreements signed with Vietlott or revenue
from points of sales established by Vietlott.
b) For computerized lottery products provided via
the telephone or internet: Revenue shall be determined according to the
location of drawing that a player registers when opening account to play games
in accordance with regulations of the Law on Computerized Lottery Business.
2. Vietlott shall assume responsibility to comply
with the following regulations.
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b) An authorized unit at its head office shall
deduct amounts of personal income tax payable, make personal income tax statements
and make payments of personal income tax to provincial-government state budgets
in accordance with regulations of law. To be specific: Amounts of personal
income tax on commissions earned by a lottery agent shall be paid to the state
budget of province or central-affiliated city where that lottery agent has
taxable income. Amounts of personal income tax on prize money of a winner shall
be paid to the state budget of province or central-affiliated city where that
winning player registers to play games via the telephone or internet, or where
the lottery terminal which has provided the winning lottery ticket is located.
c) With regard to the net profit after taxes
payable to local-government state budgets in accordance with regulations in
Clause 1 Article 7 herein, Vietlott shall make statement of net profit after
taxes at its head office and divide and make payments to provincial-government
state budgets in proportion to the actual revenue earned from sales of lottery
tickets in respective province or central-affiliated city.
Article 7. Profit distribution
1. A lottery enterprise shall distribute its profit
and set aside funds in accordance with regulations of the Government’s Decree No.
91/2015/ND-CP dated October 13, 2015 on state investments in enterprises, use
and management of state capital and assets in enterprises, and its amending and
superseding documents (if any). If the charter capital of a lottery enterprise
is sufficient as regulated by law, that lottery enterprise is not allowed to
set up investment and development funds.
2. Funds established from the net profit after
taxes of a lottery enterprise shall be used in accordance with regulations of
the Government’s Decree No. 91/2015/ND-CP dated October 13, 2015 on state
investments in enterprises, use and management of state capital and assets in
enterprises, and its amending and superseding documents (if any). The lottery
enterprise is not allowed to use its net profit after taxes to pay bonuses or
commissions to lottery agents inconsistently with the law.
Article 8. Financial
statements, statistical reports and other reports
1. In addition to financial statements and
statistical reports prepared and sent to regulatory authorities, and the
financial disclosure carried out in accordance with applicable laws, on a
quarterly basis and at the end of a fiscal year, a lottery enterprise is
required to prepare and submit the following reports to regulatory authorities:
a) Income statement (Using the form No. 01/BCXS
stated in the Appendix enclosed herewith).
b) Report on sale of lottery tickets (Using the
form No. 02/BCXS stated in the Appendix enclosed herewith).
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d) Report on payment of commissions and
authorization fees to lottery agents (Using the form No. 04/BCXS stated in the
Appendix enclosed herewith).
dd) Report on management and use of state capital
and assets (Using the form No. 05/BCXS stated in the Appendix enclosed
herewith).
e) Report on actual revenue from sale of
computerized lottery products in each province or city, and payments made to
provincial-government state budget of Vietlott (Using the form No. 06/BCXS
stated in the Appendix enclosed herewith).
2. Reports prescribed in Clause 1 of this Article
shall be sent to the representative agency of the state capital owner and
Ministry of Finance at the same time when financial statements and statistical
reports are submitted in accordance with applicable regulations of law.
3. Lottery enterprises must prepare and submit
irregular reports at the request of the representative agency of the state
capital owner and Ministry of Finance.
4. Member Board or President of a lottery
enterprise shall be responsible for the accuracy and faithfulness of its
reports.
Chapter III
REGULATIONS ON FINANCIAL
MANAGEMENT APPLIED TO STOCK EXCHANGES AND VIETNAM SECURITIES DEPOSITORY
Article 9. Investment
activities
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Article 10. Revenue
1. Revenue of a stock exchange:
a) Revenues from professional operations include
revenue from listing of securities, revenue from trading in securities and
derivatives, revenue from trading members, revenue from tender for bonds,
revenue from auction of shares, revenue from transfer of securities ownership
without using the trading system of Stock Exchange and revenue from other
professional operations of the stock exchange.
b) Revenues from provision of information services,
infrastructure services and other services.
c) In addition to financial income and other
incomes as prescribed by the law on management and use of capital and assets of
state-owned enterprises, the stock exchange is allowed to record interests on
deposits relating auctions of shares as financial income.
2. Revenue of Vietnam Securities Depository:
a) Revenues from professional operations include
revenue from management of depository members, revenue from registration of
securities, revenue from securities depository, revenue from transfer of
securities, revenue from error handling after trading, revenue from transfer of
transfer of securities ownership without using the trading system of
Stock Exchange, revenue from provision of bond settlement agent services,
revenue from clearing and settlement of derivative transactions and revenue
from other professional operations.
b) Revenues from provision of information services
and other services.
c) In addition to financial income and other incomes
as prescribed by the law on management and use of capital and assets of
state-owned enterprises, Vietnam Securities Depository is allowed to record
interests on deposits relating settlement of dividends, bond principals and
interests, and exercise of call option of securities as financial income.
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When making statement of corporate income tax,
Stock Exchanges and Vietnam Securities Depository may record the following
expenses as its deductible expenses:
1. Contributions to the fund for compensation for
members of a stock exchange and contributions to the fund for prevention of
operational risks and the fund for prevention of derivative settlement risks of
the Vietnam Securities Depository.
a) A stock exchange shall quarterly make contributions
to the fund for compensation for members, and the Vietnam Securities Depository
shall also quarterly make contributions to the fund for prevention of
operational risks. Total amount of contributions made to the fund of a stock
exchange during a year shall not exceed 2% of its revenue from securities
trading, and that of Vietnam Securities Depository shall also not exceed 2% of
its revenue from securities depository. If the balance of a fund is equal to 5%
of the owner’s equity shown in quarterly or annual financial statements, no
contribution shall be made to that fund.
b) Vietnam Securities Depository shall quarterly
make contributions to the fund for prevention of derivative settlement risks
and total amount of contributions made to that fund in a year shall not exceed
5% of its annual revenue from clearing and settlement of derivatives.
c) Ending a fiscal year, if the closing balance of
a certain fund is positive, it shall be carried over the following year. If the
balance of a certain fund is not enough to cover expenses, remaining expense
shall be recorded as operational expenses.
d) Fund for compensation for members of a stock
exchange, fund for prevention of operational risks and fund for prevention of
derivative settlement risks shall be used in accordance with regulations of the
Law on Securities.
2. Receipts from transfer of securities ownership
without using the trading system of Stock Exchange transferred by Vietnam
Securities Depository to the Stock Exchanges are also recorded as expenses of
Vietnam Securities Depository.
Article 12. Performance
assessment and ranking
1. Performance assessment and ranking of stock
exchanges and Vietnam Securities Depository shall be carried out in accordance
with regulations of the Law on Performance Assessment and ranking of
state-owned enterprises.
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a) Policies promulgated by the Government influence
on listing and trading in securities as well as registration, depository and
clearing of securities on the securities market.
b) Revenues from professional operations of a stock
exchange may be influenced by the following variations: Securities trading
volume and price; value of winning bonds, capital mobilization by issuing
bonds; price of Government bonds, treasury bills; value of transfer of
securities ownership without using the trading system of Stock Exchange;
trading volume of future contracts.
c) Revenues from professional operations of a stock
exchange may be influenced by the following variations: Volume of annual realized
deposited securities; face value and coupon of bonds and treasury
bills; the number of times for exercising rights and corresponding number
of stakeholder; number and value of security transfer; value of transfer of
securities ownership without using the trading system of Stock Exchange.
Chapter IV
RESPONSIBILITY OF
RELEVANT AUTHORITIES
Article 13. Responsibility of
lottery enterprises, Stock Exchanges and Vietnam Securities Depository
1. Comply with regulations on financial management
and performance assessment set forth herein and relevant regulations on
management and use of state capital and assets, and performance assessment of
state-owned enterprises.
2. Bear the supervision and inspection by competent
state authorities of financial management by lottery enterprises, Stock
Exchanges and Vietnam Securities Depository in accordance with laws.
3. Vietnam Securities Depository shall separately
record its capital and assets and those of the settlement assistance fund
established under provisions in Article 58 of the Law on Securities No.
70/2006/QH11 and the clearing fund established under provisions in Article 24
of the Government’s Decree No. 42/2015/ND-CP dated May 05, 2015 on derivatives
and derivatives market and legislative documents on amendments, supplements or
replacement thereof, if any.
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1. Exercise rights and fulfill obligations of state
capital owner in lottery enterprises incorporated by People’s Committees of
provinces or central-affiliated cities in accordance with regulations of law.
2. Consider giving approval for remunerations paid
to members of the lottery supervision council and contributions towards
preventing illegal numbers game and issuance of fake lottery tickets in
accordance with regulations herein.
3. Instruct local authorities to conduct
comprehensive inspection of lottery enterprises for compliance with regulations
on financial management herein.
Article 15. Responsibility of
Ministry of Finance
1. Perform functions of a representative agency of
state capital owner in the Stock Exchanges, Vietnam Securities Depository and
Vietlott in accordance with regulations of law.
2. Provide guidance on determination of commissions
paid to lottery agents, fees of authorization for payments to prize winners,
remunerations paid to members of the lottery supervision council and costs for
prevention of illegal numbers game and issuance of fake lottery ticket as well
as contributions towards maintaining operation of the Regional Lottery Council
in accordance with Clauses 2, 3, 4, 5, 9 Article 5 herein.
3. Evaluate the compliance with regulations and
policies by lottery enterprises, stock exchanges and Vietnam Securities Depository
so as to revise regulations on financial management and performance assessment
herein.
Chapter V
IMPLEMENTATION
PROVISIONS
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1. This Decree shall come into force as from
January 01, 2018.
2. In addition to regulations herein, lottery
enterprises, stock exchanges and Vietnam Securities Depository must also comply
with regulations on financial management applied to state-owned enterprises.
Article 17. Implementation
responsibility
Minister of Finance, Chairpersons of people’s
committees of provinces or central-affiliated cities, the member boards and
General Directors or Directors of lottery enterprises, the management boards
and General Directors or Directors of Stock Exchanges and Vietnam Securities
Depository, and relevant organizations and individuals shall implement this
Decree./.
ON BEHALF OF
THE GOVERNMENT
PRIME MINISTER
Nguyen Xuan Phuc