THE GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No: 30/2007/ND-CP
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Hanoi,
March 01, 2007
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DECREE
ON LOTTERY BUSINESS
THE GOVERNMENT
Pursuant to the December
25, 2001 Law on Organization of the Government;
At the proposal of the Minister of Finance,
DECREES:
Chapter
I
GENERAL
PROVISIONS
Article
1.- Governing subjects and scope
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2. This Decree does
not govern the organization of prize-winning programs of chance associated with
the purchase of goods or services as a form of sales promotion under the
Commercial Law.
Article
2.- Interpretation of terms
In this Decree, the
terms below are construed as follows:
1. Lottery business
means business activities based on events with random results, which are
organized on the principle that a lottery business enterprise collects
customers money for participation in winning prizes and pays prizes to
prizewinners.
2. Random results used
for lottery business include:
a/ Random results of
the appearance of a combination of numerals and/or letters;
b/ Random results of
the appearance of a combination of symbols and/or signs;
c/ Other random
results.
3. Traditional lottery
means a type of lottery with tickets pre-printed with prices, numerals and
letters for customers to choose in order to win prizes. The number of numerals
and letters are limited within the number of issued lottery tickets, and
winning results shall be determined after the issuance of lottery tickets.
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5. Lottery business
enterprise means an enterprise established and operating under the provisions
of this Decree and other relevant provisions of law to conduct lottery
business.
6. Agent commission
means a sum of money which a lottery business enterprise pays to a lottery
agent according to a percentage of the value of sold lottery tickets.
7. Prize payment ratio
means a ratio between the value of prizes and the value of issued lottery
tickets or the lottery ticket revenue.
8. Lottery tickets are
those issued by a lottery business enterprise for distribution to customers.
Lottery tickets are issued in forms of certificate, card printed with a par
value, or other forms or means which customers may use in order to participate
in winning lottery prizes.
Article
3.- Lottery business principles
1. Only enterprises
with certificates of full eligibility for lottery business granted by a
competent state agency may conduct lottery business.
2. Lottery business
shall be conducted in a transparent, objective and honest manner, and ensure
protection of the rights and interests of involved parties.
Article
4.- Responsibilities of lottery business
enterprises
1. To observe state
regulations on lottery business.
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3. To make full and
timely payment of prizes to prizewinners; to keep secret information on prize
winning and prize receipt at the request of prizewinners.
4. To fulfill tax and
financial obligations towards the State and observe the provisions of law in
the course of conducting business.
Article
5.- Duties and benefits of lottery
participants
1. Lottery
participants shall observe state regulations on lottery business and rules
publicized by lottery business enterprises and fulfill tax obligations towards
the State in accordance with law.
2. Lottery
participants have the following benefits:
a/ To get the full
value of prizes they have won from lottery business enterprises. If due to
objective causes (sickness, diseases, etc.) a prizewinner cannot personally
receive his/her prize, he/she may authorize his/her lawful representative to
receive the prize.
b/ Winners who are
foreigners or overseas Vietnamese who lawfully enter Vietnam may use the prize
money to purchase foreign currencies and transfer them abroad according to
state regulations on foreign exchange management;
c/ To request lottery
business enterprises to keep secret information on their prize winning and
receipt;
d/ To be entitled to
other lawful benefits according to the lottery participation rules publicized
by lottery business enterprises.
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1. Illegally
conducting lottery business in any forms or by any means.
2. Using results of
lottery issued by lottery business enterprises to organize prize-winning
programs.
3. Issuing foreign
lottery tickets to domestic organizations or individuals.
4. Falsifying winning
results.
5. Using state money
to participate in lottery drawing.
6. Making fake lottery
tickets in any forms.
7. Using lottery for
money laundering.
8. Other acts as
provided for by law.
Chapter
II
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Article
7.- Types of lottery
1. Conventional
lottery.
2. Optional lottery
(manual or computerized lottery).
3. Instant lottery
(scratch lottery or tear lottery).
4. Other types as
provided for by law.
Article
8.- Lottery business places
Enterprises may
conduct lottery business nationwide or in each region according to the Finance
Ministry's regulations.
Article
9.- Lottery participants
1. Vietnamese citizens
residing in the country.
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3. Foreigners who
lawfully enter Vietnam.
Unless otherwise
provided for by treaties to which Vietnam is a contracting party, lottery participants
must be those having full civil act capacity under the provisions of Vietnamese
law.
Article
10.- Lottery tickets
1. Lottery tickets are
issued and distributed by lottery business enterprises to customers for
participation in lottery drawing. Par values of lottery tickets shall be
specified by the Finance Ministry in each period.
2. A lottery ticket
contains the following details:
a/ Name of the issuing
organization;
b/ Selling price;
c/ Serial number and
code;
d/ Numerals, letters
or random results for customers to choose;
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f/ Anti-fake signs;
g/ Other relevant
information.
Article
11.- Distribution of lottery tickets
1. A lottery business enterprise
shall ensure the full supply of lottery tickets of each code which it has
notified to issue for customers to choose drawing results.
2. Lottery business
enterprises may distribute lottery tickets to customers by:
a/ Selling lottery
tickets directly to customers;
b/ Selling lottery
tickets through lottery agents;
c/ Selling lottery
tickets by electronic equipment, telecommunications means or the Internet.
Article
12.- Lottery agents
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2. To operate as a
lottery agent, an organization or individual must satisfy the following
conditions:
a/ Being a Vietnamese
citizen who permanently resides in Vietnam and has full civil act capacity; or
being an economic organization lawfully set up and operating in Vietnam;
b/ Applying a payment
security form specified in Article 13 of this Decree to secure payment
obligations towards the lottery business enterprise.
3. A lottery agent is
entitled to agent commissions based on the value of sold lottery tickets and
payment charges based on the value of paid prizes.
Article
13.- Securing of fulfillment of lottery
agents' payment obligations
A lottery business
enterprise shall apply the following measures to secure the fulfillment of
lottery agents' payment obligations:
1. Asset pledge.
2. Asset mortgage.
3. Deposit.
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5. Guarantee.
Article
14.- Structure of prizes
The number of prizes in
each drive of issuance of lottery tickets shall be determined by lottery
business enterprises to suit the prize payment ratio and the prize structure
under the Finance Ministry's regulations.
Article
15.- Determination of winning results
1. The number of
lottery draws by a lottery business enterprise shall be specified by the
Finance Ministry in each period.
2. The determination
of winning results must be public, objective and honest and comply with the
publicized rules of lottery draw.
3. Lottery draw results
must be supervised and certified by the Council for Supervising the Lottery
Draw (the Lottery Supervision Council).
The Finance Ministry
shall define the members, structure, tasks and powers of the Lottery
Supervision Council.
Article
16.- Payment of prizes
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2. The time limit for
payment of prizes to customers is 60 days after the date on which winning
results are determined or after the expiration of the duration of circulation
of lottery tickets. Past this time limit, winning tickets are no longer valid
for prize receipt.
3. Prizewinners may
receive prizes in cash or by bank-account transfer.
Article
17.- Management of unsold and winning
lottery tickets
1. Unsold lottery
tickets shall be closely managed to ensure that they are not abused for prize
receipt.
2. The duration for
preservation, and the destruction of, unsold and winning tickets shall comply
with the Finance Ministry's regulations.
Chapter
III
INFORMATION,
ADVERTISEMENT AND SALES PROMOTION
Article
18.- Information principles
1. Lottery-related
information must be accurate and prompt and supplied by a competent
organization or individual.
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Article
19.- Information details
1. State regulations
on lottery business.
2. Rules for lottery
participation; rules for lottery draw.
3. Number of issued
tickets, serial numbers and codes of issued tickets, and structure of prizes.
4. Lottery
prize-winning results.
Article
20.- Means and places for information
publicization
1. Lottery-related information
shall be publicized at lottery business enterprises' head offices, branches or
representative offices, or places of lottery ticket issuance.
2. Information on
lottery results may be publicized on the radio, television or in other mass
media.
Article
21.- Advertisement for lottery
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2. The following acts
of advertising are prohibited:
a/ Making
advertisement that winning is a certainty for lottery participants;
b/ Making
advertisement that lottery participation will improve the financial situation
of participants;
c/ Using images which
infringe upon fine customs and habits and cultural traditions of the nation;
d/ Provoking
law-breaking acts in lottery business;
e/ Other acts as
provided for by law.
Article
22.- Lottery sales promotion
Lottery sales
promotion is prohibited in any forms.
Chapter
IV
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Article
23.- Lottery business enterprises
1. Lottery business
enterprises are one-member limited liability companies in which the State owns
100% capital.
2. Construction
lottery companies which are operating after the state company model shall carry
out procedures for transformation into one-member limited liability companies
in accordance with the Enterprise Law and its guiding documents.
Article
24.- Certificates of lottery business
eligibility
1. The Finance
Ministry shall grant certificates of lottery business eligibility and certify
enterprises' eligibility for conducting lottery business.
2. A dossier of
application for a certificate of lottery business eligibility comprises:
a/ A written
application for a certificate of lottery business eligibility, clearly stating
types of product proposed to offer;
b/ Documents relating
to the establishment of the applying enterprise, including:
- The establishment
decision; the decision on transformation of the enterprise from a state company
into a one-member limited liability company, issued by the provincial/municipal
People's Committee;
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c/ The enterprise's
charter;
d/ Other relevant
documents.
Article
25.- Revocation of certificates of lottery
business eligibility
A lottery business
enterprise shall have its certificate of lottery business eligibility revoked
when:
1. It violates state
regulations on lottery business.
2. Its business
registration certificate is revoked.
3. It is dissolved or
goes bankrupt under the provisions of law.
Chapter
V
FINANCE,
ACCOUNTING AND AUDIT
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1. The fiscal year of
a lottery business enterprise starts on January 1 and ends on December 31 of a
calendar year.
2. A lottery business
enterprise may set up a prize payment risk reserve fund and account it as a
business expense.
3. The Finance
Ministry shall guide the financial management mechanism which is suitable to
the specific characteristics of lottery business and can limit possible social
negative impacts.
Article
27.- Accounting regime and reporting
Lottery business
enterprises shall apply the accounting regime and make financial statements and
operational reports in accordance with the Finance Ministry's regulations and
relevant provisions of law.
Article
28.- Audit and publicization of financial
statements
1. Financial
statements of lottery business enterprises shall be audited annually.
2. At the end of a
fiscal year, lottery business enterprises shall publicize their financial
statements in accordance with law.
Chapter
VI
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Article
29.- Acts of violation of the law on
lottery business
1. Prohibited acts
specified in Article 6 of this Decree.
2. Violation of
regulations on issuance and distribution of lottery tickets.
3. Violation of
regulations on lottery draws and payment of prizes to customers.
4. Violation of
regulations on lottery advertisement and sales promotion.
5. Violation of
regulations on financial management, accounting, statistics and audit.
6. Violation of
competent state agencies' regulations on grant of business eligibility
certificates, inspection, examination and supervision.
7. Illegal
competition.
8. Supply of
untruthful information, data or reports.
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Article
30.- Handling of violations
1. Violating
organizations or individuals shall, depending on the nature and severity of
their violations, be administratively sanctioned or examined for penal
liability.
2. Violating lottery
business enterprises shall also be handled in the following forms:
a/ Confiscation of exhibits
or means used in violations;
b/ Deprivation of the
right to use business eligibility certificates for a given period of time;
c/ Imposition of
restrictions on business areas or types of product to be dealt in;
d/ Revocation of
business eligibility certificates.
Chapter
VII
ORGANIZATION
OF IMPLEMENTATION
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1. To formulate and
submit to competent authorities for promulgation strategies, plannings,
policies and models for conducting lottery business.
2. To promulgate, and
guide the implementation of, legal documents on lottery business.
3. To promulgate
technical regulations on lottery business.
4. To grant and revoke
certificates of lottery business eligibility.
5. To conduct
inspection and examination, and handle violations of the law on lottery
business.
6. To provide
professional training on, and enter into international cooperation in, lottery.
Article
32.- Responsibilities of the Ministry of
Public Security
1. To coordinate with
the Ministry of Finance in guiding the application of measures to ensure social
security, order and safety in lottery business.
2. To organize the
fight against illegal lottery business activities.
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1. Ministries,
ministerial-level agencies and government-attached agencies shall, within the
ambit of their tasks and powers, perform the state management of lottery
business in accordance with law.
2.
Provincial/municipal People's Committees shall, within the ambit of their tasks
and powers, perform the state management of lottery business in their
respective localities.
Article
34.- Implementation provisions
1. Within 12 months
after this Decree takes effect, existing lottery business enterprises shall
carry out procedures for application for business eligibility certificates in
accordance with this Decree.
2. This Decree takes
effect 15 days after its publication in "CONG BAO."
The Minister of
Finance shall guide and organize the implementation of this Decree.
Ministers,
heads of ministerial-level agencies, heads of government-attached agencies and
presidents of provincial/municipal People's Committees shall implement this
Decree.