MINISTRY
OF FINANCE
-------
|
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
---------------
|
No.:
138/2017/TT-BTC
|
Hanoi,
December 25, 2017
|
CIRCULAR
GUIDELINES
FOR EXPENSES OF LOTTERY ENTERPRISES AS PRESCRIBED IN THE GOVERNMENT’S DECREE
NO. 122/2017/ND-CP DATED NOVEMBER 13, 2017 ON FINANCIAL MANAGEMENT AND
PERFORMANCE ASSESSMENT OF LOTTERY ENTERPRISES, STOCK EXCHANGES AND VIETNAM
SECURITIES DEPOSITORY
Pursuant to the Law on Corporate
Income Tax No. 14/2008/QH12 dated June 03, 2008, and the Law No. 32/2013/QH13
dated June 19, 2013 on amendments to the Law on Corporate Income Tax;
Pursuant to the Government’s
Decree No. 30/2007/ND-CP dated March 01, 2007 on lottery business and the
Government’s Decree No. 78/2012/ND-CP dated October 05, 2012 on amendments to
the Government’s Decree No. 30/2007/ND-CP dated March 01, 2007 on lottery
business;
Pursuant to the Government’s
Decree No. 91/2015/ND-CP dated October 13, 2015 on state capital investments
and utilization and management of capital and assets of enterprises;
Pursuant to the Government’s
Decree No. 122/2017/ND-CP dated November 13, 2017 on financial management and
performance assessment of lottery enterprises, stock exchanges and Vietnam
Securities Depository;
Pursuant to the Government’s
Decree No. 87/2017/ND-CP dated July 26, 2017 defining Functions, Tasks, Powers
and Organizational Structure of Ministry of Finance;
At the request of Director of
Department of Banking and Financial Institutions;
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Chapter I
GENERAL PROVISIONS
Article 1. Scope
This Circular provides guidelines
for expenses of lottery enterprises as prescribed in the Government’s Decree
No. 122/2017/ND-CP dated November 13, 2017 on financial management and
performance assessment of lottery enterprises, stock exchanges and Vietnam
Securities Depository (hereinafter referred to as "Decree No. 122/2017/ND-CP).
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. Agencies
representing the state capital owner in lottery enterprises.
3. Other
organizations and individuals involved in the financial management of lottery
enterprises.
Chapter II
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
Article 3. Agent commissions
1. Every
lottery enterprise must pay agent commissions to its agents as regulated in
Clause 2 Article 5 of the Decree No. 122/2017/ND-CP.
2. The lottery
enterprise shall decide the agent commission rate provided that it shall not
exceed 15% of its revenue from licensed lottery operations, including VAT and special
excise duty.
Article 4. Authorization fees
paid to lottery agents
1. Every
lottery enterprise must pay fees to its agents authorized to cash winning
lottery tickets as regulated in Clause 3 Article 5 of the Decree No. 122/2017/ND-CP.
2. The
authorization fee paid to an authorized agent shall not exceed 0.2% of the
total prize amount it has paid to the winner.
Article 5. Contributions towards
preventing illegal numbers game and issuance of fake lottery tickets
1. Based on
the reality, every lottery enterprise shall request the agency representing the
state capital owner to consider giving approval for the contributions towards
preventing illegal numbers game and issuance of fake lottery tickets according
to the payment principle specified in Clause 5 Article 5 of the Decree No.
122/2017/ND-CP. Contributions shall not exceed the maximum amounts specified in
Clause 2, Clause 3 and total amount of contributions specified in Clause 4 of
this Article.
2. The maximum
contribution to the case where the sentence has been pronounced by the People’s
Court shall be VND 50 million/case.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
4. Total
amount of contributions towards preventing illegal numbers game and issuance of
fake lottery tickets prescribed in Clause 2 and Clause 3 of this Article in a
fiscal year shall not:
a) Exceed 1% of the lottery enterprise’s
revenue from licensed lottery operations, including VAT and special excise
duty, if it is located in the northern or central region;
b) Exceed 0.1% of the lottery
enterprise’s revenue from licensed lottery operations, including VAT and
special excise duty, if it is located in the southern region or it is Vietlott.
Article 6. Contributions towards
maintaining operation of the Regional Lottery Council
1. Lottery
enterprises and the Regional Lottery Council shall make contributions to and
manage amounts contributed to the Regional Lottery Council in accordance with
regulations in Clause 9 Article 5 of the Decree No. 122/2017/ND-CP.
2. The
contribution made by every lottery enterprise shall be regulated by the
Regional Lottery Council under the agreement with each Regional Lottery Council
provided that the total contribution made to a Regional Lottery Council shall
not exceed VND 60 million per year (i.e. VND 05 million/month). This
contribution shall exclude prize expenses, drawing cost and costs of printing
lottery tickets the Regional Lottery Council that launches traditional lottery
products under the mechanism for cooperation in lottery issuance.
Chapter III
RESPONSIBILITY OF RELEVANT AUTHORITIES
Article 7. Responsibility of
lottery enterprises
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
2. Bear the
supervision of competent authorities in accordance with applicable laws.
Article 8. Responsibility of
Provincial Departments of Finance
1. Cooperate
with relevant authorities in providing advice for Provincial People’s
Committees for supervising lottery enterprises complying with regulations of
the Decree No. 122/2017/ND-CP, regulations herein and relevant laws.
2. Provide advice
for Provincial People’s Committees about giving approval for contributions
towards preventing illegal numbers game and issuance of fake lottery tickets in
accordance with regulations of the Decree No. 122/2017/ND-CP, regulations
herein and relevant laws.
Chapter IV
IMPLEMENTION
Article 9. Implementation
organization
1. This
Circular comes into force from February 10, 2018 and applies from the fiscal
year 2018.
2. The
Circular No. 01/2014/TT-BTC dated January 02, 2014 by the Ministry of Finance
providing guidelines for financial management of lottery enterprises is
abrogated.
...
...
...
Bạn phải
đăng nhập hoặc
đăng ký Thành Viên
TVPL Pro để sử dụng được đầy đủ các tiện ích gia tăng liên quan đến nội dung TCVN.
Mọi chi tiết xin liên hệ:
ĐT: (028) 3930 3279 DĐ: 0906 22 99 66
PP.
MINISTER
DEPUTY MINISTER
Tran Van Hieu