THE MINISTRY
OF FINANCE
——–
SOCIALIST
REPUBLIC OF VIETNAM
Independence – Freedom – Happiness
—————
No.
75/2013/TT-BTC
Hanoi, June
04, 2013
CIRCULAR
GUIDING IN DETAILS ON LOTTERY BUSINESS
OPERATION
Pursuant
to the Government’s Decree No. 118/2008/ND-CP dated November 27, 2008 defining
functions, tasks, powers and organizational structure of the Ministry of
Finance;
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 amending and
supplementing a number of articles of the Government’s Decree No. 30/2007/ND-CP
dated March 01, 2007 on lottery business;
At the proposal of Director of
Department of Finance of Banks and Financial Institutions;
The Minister of Finance
prmulgates the Circular guiding in details on lottery business operation:
Chapter 1
GENERAL
PROVISIONS
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This Circular guides in details
some contents on management of lottery business operation as prescribed in 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
amending and supplementing a number of articles of the Government’s Decree No.
30/2007/ND-CP dated March 01, 2007 on lottery business (hereinafter abbreviated
to the Decree No. 30/2007/ND-CP and Decree No. 78/2012/ND-CP).
Article 2.
Subjects of application
1. One-member limited liability
companies of lottery that are owned by People’s Committees of
central-affiliated cities and provinces (hereinafter abbreviated to the lottery
companies).
2. One-member limited Liability
Company of Vietnam computing lottery (hereinafter abbreviated to the Vietnam
computing lottery Company).
3. Owners of lottery companies,
Vietnam computing lottery Company.
4. Relevant organizations and
individuals.
Article 3.
Interpretation of terms
Apart from terms which have been
explained at Article 2 of the Decree No. 30/2007/ND-CP, some terms in this
Circular are construed as follows:
1. “Conventional lottery with 5 numbers" means a
type of conventional lottery with 5 numbers for participation in lottery being
printed ready on the lottery ticket from number 00.000 to number 99.999 in each
serial issuance.
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3. “Bingo lottery” means a type of
lottery which the lottery participant is entitled to select the lottery numbers
and the winning result is defined after issuing lottery tickets.
4. “Bingo lottery with 2
self-selecting numbers” means type of lottery which the lottery participant is
entitled to select 2 numbers from 00 to 99.
5. “Bingo lottery with 3
self-selecting numbers” means type of lottery which the lottery participant is
entitled to select 3 numbers from 000 to 999.
6. “Bingo lottery with 4
self-selecting numbers” means type of lottery which the lottery participant is
entitled to select 4 numbers from 0000 to 9999.
7. “Bingo lottery with
self-selecting double numbers” means type of lottery which the lottery
participant is entitled to select 2, 3 or 4 double numbers from 00 to 99.
8. “The scratching lottery for
instant result” means type of lottery in which the draw for prizes had been
performed by software distributing randomly prizes before that. The winning
results were printed ready on ticket and closely covered. After buying ticket,
the lottery participant scratch the layer covering on the surface of ticket at
the provided position so as to see the winning result or failing result.
9. “The tearing lottery for
instant result” means type of lottery in which the draw for
prizes had been performed before that. After buying ticket, the buyer may
cleave, tear or use other methods so as to open the ticket and compare the
numbers printed ready on the ticket with the table of lottery result notified
by the lottery companies for information of the winning or failing result.
10. “Debt term" means the
duration for lottery agents to finish payment of consumed tickets for all kinds
of ticket in each time of receiving tickets from lottery companies, after the
tickets are officially issued.
11. “The
lottery agents” include organizations, individuals eligible legally as
prescribed in this Circular directly sign contract of lottery agent with
lottery companies for ticket distribution, consumption and paying the prizes to
clients when clients win according to conditions, terms specified in contract
of lottery agent.
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13. “The sharing market mechanism” means mechanism on
issuing lottery tickets under the method in which each lottery company in a
same region may issue the lottery tickets and sell on whole region according
schedule of the draw for prizes already been provided by the Ministry of
Finance. Each lottery company issuing lottery tickets shall be responsible for
all affairs of the lottery issuance, the draw for prizes and payment for prizes.
14. “Organizations issuing lottery tickets” include
lottery companies or the regional lottery Council (in case of issuing lottery
ticket under the linkage mechanism) eligible for issuing lottery tickets as
prescribed in this Circular.
Article 4. Activities
of the regional lottery Council
1. The lottery business activities
divided under regions, specified as follows:
a. The north region, including the
following central-affiliated cities and provinces: Bac
Giang, Bac Kan, Bac Ninh, Cao Bang, Dien Bien, Ha Giang, Ha Nam, Ha Noi, Ha
Tinh, Hai Duong, Hai Phong, Hung Yen, Hoa Binh, Lao Cai, Lang Son, Lai Chau,
Nam Dinh, Nghe An, Ninh Binh, Phu Tho, Quang Ninh, Son La, Thai Binh, Thai
Nguyen, Thanh Hoa, Tuyen Quang, Vinh Phuc and Yen Bai;
b. The Central
region, including the following central-affiliated cities and provinces: Binh
Dinh, Da Nang, Dak Lak, Dak Nong, Gia Lai, Khanh Hoa, Kon Tum, Ninh Thuan, Phu
Yen, Quang Binh, Quang Nam, Quang Ngai, Quang Tri and Thua Thien Hue;
c. The Souhth
region, including the following central-affiliated cities and provinces: An
Giang, Bac Lieu, Ba Ria – Vung Tau, Ben Tre, Binh Duong, Binh Phuoc, Binh
Thuan, Ca Mau, Can Tho, Dong Thap, Dong Nai, Hau Giang, Kien Giang, Lam Dong,
Long An, Soc Trang, Tay Ninh, Ho Chi Minh city, Tien Giang, Tra Vinh and Vinh
Long.
2. The lottery companies in a same
region as prescribed in clause 1 this Article shall establish the regional
lottery Council. The regional lottery Councils operate as prescribed by law on
lottery business and the operational regulations of regional lottery Councils.
The operational regulations of regional lottery Councils are approved by the
Councils and accepted by the Ministry of Finance.
3. The Vietnam computing lottery company participates
in the lottery Councils of North, Central and South
regions but it has no voting right for business activities of lottery types and
products specified in Article 6 of this Circular.
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1. The lottery companies are entitled to issue types of
lottery ticket specified in Article 6 of this Circular. Activities of the
printing, distribution and issuance of lottery tickets, organization and
supervision of the draw for prizes of lottery companies comply with this
Circular.
2. The Vietnam computing Lottery Company is entitled
to issue types of the computing lottery ticket as prescribed by the Ministry of
Finance. Products, activities of issuance, distribution, organization and
supervision of the draw for prizes of all kinds of the lottery self-selecting
the computing number shall comply with other guiding Circular of the Ministry
of Finance.
3. Issuance, distribution, organization and
supervision of draw for prizes for products of lottery self-selecting the
computing number that are allowed to issue of the State-owned one-member limited liability company of Thu Do lottery shall comply with
the Circular No. 44/2009/TT-BTC dated March 10, 2009
of the Ministry of Finance guiding the issuance of computing lottery of the
State-owned one-member limited liability company of Thu Do lottery and
documents amending and supplementing, replacing (if any).
Chapter 2
TYPES OF
PRODUCTS, THE RULES OF LOTTERY PARTICIPATION AND PRINTING THE LOTTERY TICKETS
Article 6.
Types of the issued lottery products
1. For the conventional lottery:
a.
Conventional lottery with 5 numbers;
b.
Conventional lottery with 6 numbers;
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a. Bingo lottery with
self-selecting 2 numbers;
a. Bingo lottery with
self-selecting 3 numbers;
c. Bingo lottery with self-selecting
4 numbers;
d. Bingo lottery with
self-selecting 2 double numbers;
dd. Bingo lottery with
self-selecting 3 double numbers;
e. Bingo lottery with
self-selecting 4 double numbers;
3. For the lottery for instant result:
a. The tearing
lottery for instant result;
a. The scratching lottery for instant result;
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1. Conventional lottery tickets
have types of par value as follows:
a. 5,000 VND;
b. 10,000 VND;
c. 20,000 VND.
Issuance of conventional lottery
tickets with par value of 20,000 VND may perform not exceeding 04 (four) times
of issuance on occasion of Lunar Tet every year on the basis of the consensus
of the regional lottery Council and having written approval of the Ministry of
Finance.
2. The handwork bingo tickets have
types of par value as follows:
a. Types of handwork bingo lottery
tickets specified in clause 2 Article 6 of this Circular have par
value not more than 10,000 VND;
b. If organizations issuing lottery
tickets print the handwork bingo lottery tickets that are used many times for
prize participation, total value inscribed in the tickets will not more than
50,000 VND.
3. Scratching lottery tickets for
instant result have types of par value as follows:
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b. 5,000 VND;
c. 10,000 VND.
4. Tearing lottery tickets for
instant result have types of par value as follows:
a.
2,000 VND;
b.
5,000 VND;
c.
10,000 VND.
Article 8. The
rules for participation in winning lottery prizes
1. Organizations issuing lottery
ticket must elaborate and publicize the rules of participation in winning
prizes for each lottery types and products entitled to issue. Ther rules of
participation in winning prizes must have the following principal contents:
a. Lottery types and products;
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c. Subjects participating in
winning prizes and conditions for participation in winning prizes;
d. Methods of
participation in winning prizes;
dd. Methods to define the results
of winning prizes;
e. Quantity of prizes and
structure of prizes;
g. Duties and benefits of
participants for winning lottery prizes;
h. Duties and powers of lottery
companies;
i. Conditions to receive prizes
for the winning lottery tickets;
k. Recommends for participants in
winning prizes about duties in participation in winning lottery prizes, such
as: “Participating in buying lottery may bring benefits for the country and
households”, “No one can enrich from buying lottery”, etc
2. The rules
of participation in winning prizes are publicized through posting publicly at
head offices of lottery companies and lottery agents, publishing on electronic
information pages of lottery companies (if any), issuing leaflets for agents
and customers or other means of mass media as prescribed by law.
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1. The rate
of paying prizes for each type of lottery is prescribed as follows:
a. For the conventional lottery:
the rate of paying prizes is elaborated for each issuance time not more than
50% over total value of the issued lottery tickets;
b. For the scratching lottery for
instant result and the tearing lottery for instant result: the rate of paying
prizes is elaborated for each issuance time not more than 55% over total value
of the issued lottery tickets;
c. For the handwork bingo lottery:
the rate of paying prizes is elaborated not more than 60% over total value of
the lottery tickets expected for issuance.
2. Structure
of prizes:
a. The organizations issuing
lottery tickets may decide quantity of prize ranks, structure of each prize in
total value of prizes in conformity with the rate of paying prizes as
prescribed and agreed by the regional lottery Council;
b. Value of prizes paying to
customers is defined according to methods of paying the fixed prizes,
including:
– Prizes have
been fixed before by the defined amounts;
– Prizes have
been fixed before by a number of times (calculated according to the method of
arithmetically multiplying) in comparison with the amounts that customers used
to participate in winning prizes;
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Article 10.
The printing of lottery tickets
1. Organizations
issuing lottery tickets may self-print or place an order for printing lottery
tickets at the printing facilities eligible so as to meet the confidential
requirement and safety in business activities.
2. Organizations
issuing lottery tickets are entitled to decide on form, size of lottery
tickets. Lottery tickets must contain the following principal contents:
a. Name of organizations issuing
lottery tickets;
b. Par value of lottery tickets;
c. Serial number of lottery
ticket;
d. Random numbers or results for
customers to select;
dd. Day of the prize drawing, time
limit of circulating lottery ticket; time limit of receiving prizes;
e. Structure of prizes according
to the serial issuance;
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h. Other information in serve for
lottery participants includes: Structure of prizes, conditions to receive
prizes, address of receiving prizes, other necessary information at the
management request of organizations issuing lottery tickets.
3. Organizations
issuing lottery ticket shall define the quantity of lottery tickets of each
time of lottery ticket issuance in conformity with ability of consumption,
market demand, ability of management and assurance of effective business.
In case where the Ministry of
Finance provided for limitation of quantity and value of lottery tickets that
are permitted to issue or limited the minimum average rate of consuming lottery
tickets in each period, organizations issuing lottery tickets must implement
the printing and issuance of lottery tickets as prescribed by the Ministry of
Finance.
Article 11.
The principles of printing lottery tickets
1. It must be
sufficient quantity according to each sign of lottery ticket and conformable
with the structure of prizes as notified about issuance.
2. The
principles of printing lottery tickets for each type of lottery ticket are
prescribed as follows:
a. When printing conventional
lottery tickets, it is required to have the storage stub for controlling
lottery tickets of organizations issuing lottery;
In case the printed lottery
tickets have reflective signs or system of barcode, system of encrypted code
meeting requirement of control, management and distinguish between true lottery
ticket and fake lottery tickets, ensuring strictly in printing lottery tickets,
having no ability happening fraudulences, the printing of lottery tickets may
not require storage of stub of ticket;
b. When printing bingo lottery
tickets, it is required to have stub of tickets or storage part for recording
and comparing the numbers already selected by customers for participation in
winning prizes;
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For the printing of the scratching
lottery tickets for instant result, the print facilities must have specialized
equipment and software program to randomly allocate prizes. Software for
allocation of prizes must have system of encryption keys so as to prevent
illegally accessing and repairing. Whole process of printing the prizes is
recorded, copied and saved on separate device, assured for absolute secret and
the it is permitted to see recorded results only when having request in writing
of lottery companies placing order for printing lottery tickets and competent
representative of the print facilities. The lottery companies placing order for
printing the tickets and the print facilities shall coordinate in set encoders
and decoders of the safety key codes for the lottery tickets winning prizes;
d. The tearing lottery tickets for
instant result must ensure that the inside content is viewless when illuminate
by naked eyes under all luminous intensity or by other machines, devices and
means. The lottery tickets must ensure requirement on preventing against
forging and misusing to use for recirculation and sale for many times.
3. In case
where the regional lottery Council issue lottery tickets under the linkage
mechanism, the selection of facility printing lottery tickets must be perform
according to form of publicly bidding. Criteria, process for selecting facility
printing lottery tickets are specified in the operational regulation of the
regional lottery Council.
4. The
printing of lottery tickets must be performed through economic contract, in
which clearly define quantity of lottery tickets for printing; technical
requirements for printing lottery tickets; duties and benefits of parties;
mechanism to control the process of printing so as to ensure not happening
fraudulence; handling of disputes, compensation and other agreements to meet
the management requirements of parties.
5. Organizations issuing lottery tickets are responsible for reporting to
the Taxation Department of provinces, cities (where performing tax obligation)
about name of facility printing lottery tickets, signs of lottery tickets (serial
numbers of lottery tickets), quantity and par value of each kind of lottery
tickets in each time of printing for monitoring and management.
Chapter 3
DISTRIBUTION AND
ISSUANCE OF LOTTERY TICKETS
Article 12.
Distribution of lottery tickets
1. Organizations
issuing lottery tickets implement distribution of lottery products as
prescribed in Article 6 of this Circular to customers under the following
methods:
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b. Through system of lottery
agents as prescribed in this Circular.
2. Apart from
methods of distributing lottery tickets as prescribed in clause 1 of this
Article, lottery products specified in Article 6 of this Circular are not
permitted to distribute through the channels: telephone (immobile, mobile),
electronic equipment, internet and other telecommunication means.
Article 13.
Areas for issuance of lottery tickets
Areas for issuance of lottery
tickets specified in Article 6 of this Circular are provided as follows:
1. For the
North region:
a. Conventional lottery is issued
under the linkage mechanism in issuance. Lottery tickets are consumed in the
scope of administrative boundaries of each central-affiliated city or province
of each lottery company;
b. Handwork bingo lottery,
scratching lottery for instant result, tearing lottery for instant result are
issued and consumed in the scope of administrative boundaries of each
central-affiliated city or province of each lottery company;
2. For the
Central region:
a. Conventional lottery,
scratching lottery for instant result, tearing lottery for instant result are
issued under the general market mechanism. The Ministry of Finance shall
provide schedules for the draw for prizes of lottery companies;
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3. For the
South region:
a. Conventional lottery,
scratching lottery for instant result, tearing lottery for instant result are
issued under the general market form. The Ministry of Finance shall provide
schedules for the draw for prizes of lottery companies;
b. Handwork bingo lottery are
issued and consumed in the scope of administrative boundaries of each
central-affiliated city or province of each lottery company.
Article 14.
Subjects participating in winning lottery prizes
1. Subjects participating in
winning lottery prizes must meet all conditions prescribed as follows:
a. Being Vietnamese citizens,
Vietnamese persons residing overseas or foreigners entering legally in Vietnam;
b. Being persons aged 18 years or
older;
c. Not being persons limited on
civil act capability or lost civil act capability as prescribed by law.
2. Rights of
customers participating in winning lottery prizes
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b. Being entitled to require
lottery companies to keep secret about the winning and receiving of prizes;
c. Being enjoyed other lawful
benefits as prescribed at the Rules of participation in winning lottery prizes
specified in Article 8 of this Circular.
3. Duties of
customers participating in winning lottery prizes
a. Complying with the Rules of
participation in winning lottery prizes specified in Article 8 and relevent
provisions in this Circular;
b. Preserving the bought lottery
ticket to participate in winning lottery prizes in accordance with provisions
in the Rules of participating in winning lottery prizes specified in Article 8
of this Circular and Regulation on participation in winning prizes prescribed
by lottery companies;
c. When winning prizes, customers
must present the wining ticket and documents to prove that they belong to
subjects entitled to participate in winning prizes as prescribed in clause 1 of
this Article so as to do procedures for receiving prizes as prescribed in this
Circular;
d. Implementing fully tax
obligations as prescribed by law on tax.
Article 15.
Time limit for circulation of lottery tickets with instant result
1. Time limit
for circulation of lottery tickets with instant result are as follows:
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b. For the tearing lottery with
instant result: Not more than 90 days, after date of issuing notice or date of
issuance printed on the lottery tickets.
2. Lottery
companies are responsible for publicly notifying participants buying ticket
about time limit of ciculation of lottery tickets with instant result.
Article 16.
Lottery agent
1. Conditions
for lottery agent:
a. For individuals:
– Being
Vietnamese citizens aged 18 years or older, permanently residing in Vietnam;
– Not being
persons having previous convictions, criminal records; not being persons
limited the civil act capability or lost civil act capability as prescribed by
law;
– Not being
employees, managers working at lottery companies or lottery companies operating
in the same area;
– Not being
spouse, biological father or mother, adoptive father or mother, children,
adopted children, biological sisters or brothers, adoptive sisters or brother
of chairmen, General Directors or Directors, deputy
General Directors or deputy Directors, Chiefs accountant or persons in charge
of accounting, controllers and heads, deputies of professional departments of
that lottery company or lottery companies operating in the same area.
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– Having
written commitment on full compliance with provisions of lottery companies upon
becoming lottery agent.
b. For organizations:
– Being
economic organizations that are established and operate legally in Vietnam;
– Not being
economic organizations owning the contributed capital of
chairmen, General Directors or Directors, deputy General Directors or deputy
Directors, Chiefs accountant or persons in charge of accounting, controllers
and heads, deputies of professional departments of that lottery company or
lottery companies operating in the same area;
– Not being economic
organizations owning the contributed capital of spouse, biological father or
mother, adoptive father or mother, children, adopted children, biological
sisters or brothers, adoptive sisters or brother of chairmen, General Directors
or Directors, deputy General Directors or deputy Directors, Chiefs accountant
or persons in charge of accounting, controllers and heads, deputies of
professional departments of that lottery company or lottery companies operating
in the same area;
– Meeting
requirements on ensuring payment as prescribed by law on guarantee transaction
to ensure the payment obligation to lottery companies;
– Having
written commitment on full compliance with provisions of lottery companies upon
becoming lottery agent.
2. Based on
conditions specified in clause 1 of this Article, lottery companies may select
organizations, individuals eligible for lottery agents. Selection of lottery
agents must ensure principles of publicity, transparency and objectivity.
In case where organizations,
individuals suggesting to do lottery agent are more than demand of lottery
companies, lottery companies may organize bidding to select organizations,
individuals that are eligible and have network that meeting requirements on
ticket distribution and have the low cost level for agent commision so as to do
as lottery agents.
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Article 17.
Contract of lottery agent
1. Organizations
and individuals eligible as prescribed in Article 16 of this Circular and
selected to do as lottery agent must sign contract of lottery agent with
lottery companies.
2. Contracts
of lottery agent that are elaborated by lottery companies must ensure full
principal contents as follows:
a. Names, addresses,
representatives of parties signing contracts of lottery agent;
b. Type of lottery tickets
received for sale;
c. The allowed methods of
distributing lottery tickets;
d. Methods of and procedures for
delivery and receipt of tickets and returning lottery ticket that are not sold;
dd. Quantity of lottery tickets
received for sale. In case where quantity of lottery tickets received for sale
is adjusted in each period, content of quantity of lottery tickets received for
sale is specified in Annex of contract. Annex of contract is an integral part
of contract of lottery agent;
e. Rate of agent commission; rate
of the charges enjoyed from payment for lottery tickets winning prizes (if
any);
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h. Forms to guarantee performance
of payment obligation;
i. Rights and obligations of
parties signing contract;
k. Handling of violations and
commitments on compensation due to breaking contract;
l. Effect time limit of contract;
m. Other contents in serve for the
management requirements of lottery companies but not being contrary to
provisions of law.
Article 18.
Payment for amounts from sale of lottery tickets and guarantee for payment
obligation of lottery agents
1. Lottery
agents must pay full for lottery tickets received for sale to lottery companies
when receiving lottery tickets of lottery companies.
2. In case
where a lottery company allow a lottery agent to be in debt from sale of
lottery tickets, the maximum time for debt of lottery agent does not exceed time
limit specified in Article 19 of this Circular and it is required for lottery
agent to have property to guarantee for its payment obligation.
3. Measures
to guarantee the payment obligation of lottery agent to lottery company comply
with provision in Article 13 of the Decree No. 30/2007/ND-CP and provisions of
law on guaranteed transaction.
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a. For quantity of tickets that
lottery agent has received but date of issuing lottery ticket has not yet come,
the minimum guaranteed level for payment obligation is defined as follows:
The
minimum guaranteed level for payment obligation
=
Quantity
of lottery tickets received for sale
x
Par
value of lottery tickets
–
Commission
of lottery agent enjoyed
b. For quantity of tickets that
lottery agent has received and defined that they have been sold in period, the
guaranteed level for payment obligation is equal 100% of total value of the sold
lottery tickets deducting commission of lottery agent enjoyed as prescribed.
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6. Lottery companies must assess
value of properties used for guarantee of payment obligations at time of
receiving properties; periodically, re-assess or implement re-assessment as
neccessary. For properties as real estate, movable properties used in guarantee
for payment obligation but lottery companies fail to have sufficient capability
for valuation, lottery companies may hire organizations having function on
evaluation to define value of properties used in guarantee for payment.
Expenses for evaluation are calculated into the business operational expenses
of lottery companies.
Lottery companies and agents may
agree and unify the rate of value to receive guarantee for payment in
comparison with value of properties, but capability of debt recovery must be
ensured if contract is broken.
Article 19.
Debt term
1. Debt terms of lottery agents to
lottery companies are specified as follows:
a. For conventional lottery, bingo
lottery: Not exceeding 21 days (03 weeks), after issuing lottery tickets.
b. For the scratching lottery for
instant result and the tearing lottery for instant result: Maximally monthly,
lottery agents must do procedures for payment to lottery companies about
tickets sold in term, concurrently define the remaining tickets so as to
continue monitoring and paying in the next times. Based on the circulation time
limit of lottery tickets as prescribed in Article 19 of this Circular, lottery
companies may request lottery agents for completing the payment of all lottery
tickets received for sale to lottery companies. Debts of lottery agents are
defined according to value of lottery tickets sold in term.
2. Based on actual conditions,
characteristics of issuance, number of times of draw for prizes of conventional
lottery, lottery companies may decide specifically on time limit for completing
the payment of amounts purchasing lottery tickets of agents but not exceed the
set levels mentioned above.
3. If lottery agents fail to pay
or pay insufficiently to lottery companies under the contracts of agents
already signed when arriving time limit of payment for purchasing lottery
tickets, lottery companies are entitled to stop sale of lottery tickets to
lottery agents and apply necessary measures for recovery of the amounts from
sale of lottery tickets as prescribed by civil law including: Sale of pledged
properties; bringing the mortgaged properties into sale; recovery or sale of
properties in deposit; the properties in escrow account; requesting the
guarantee parties for payment the amounts that they have accepted guarantee for
lottery agents.
Article 20.
Withdrawal of lottery tickets that fail to be consumed all, stubs or stored
parts of handwork bingo lottery tickets
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a. Lottery companies shall arrange
locations for withdrawal of lottery tickets (conventional lottery, lottery with
instant result) that remains due to failing to sell all, stub or stored part of
handwork bingo lottery tickets at head offices, branches, representative
offices or other locations in conformity with the management requirement of
each lottery company. Lottery companies shall notify publicly lottery agents
about name, address of locations for withdrawal of lottery tickets;
b. If lottery companies authorize
for other lottery companies to withdraw lottery tickets, the authorization must
be performed in writing after having consensus of the lottery supervision
Council, in which clearly stipulate on members, process of control, mechanism
of supervision and duties, powers of parties.
2. Principles of the lottery
ticket withdrawal
Lottery companies shall elaborate
and issue regulations on process of the lottery ticket withdrawal before draw
for prizes and check and count lottery tickets after withdrawing them.
Regulation on process of lottery ticket withdrawal must ensure all the
following principles:
a. The lottery ticket withdrawal
is performed exactly, honestly, relevant subjects in the process of ticket
withdrawal do not misuse it for taking unlawful profits or receipt of prizes;
b. It meets fully the basic steps
as prescribed in Annex No. 1, Annex No. 2 and Annex No. 3 promulgated together
with this Circular;
c. It clearly states duties of
each divisions, individuals related to process of the lottery ticket
withdrawal.
Article 21.
Storage of withdrawn tickets after draw for prizes
1. After draw for prizes, lottery
companies shall put the lottery ticket already being withdrawn as prescribed in
Article 20 of this Circular into warehouses for storage, preservation under the
set regime.
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a. To
compare between lottery tickets of the actual handing and receipt with the
withdrawn lottery tickets in the list table made in accordance with regulation;
b.
Lottery tickets must ensure requirement which they are packed and sealed
according to each day of notifying draw for prizes (for conventional lottery
and handwork bingo lottery) or according to each serial issuance (for the
scratching lottery, tearing lottery with instant result).
3. Storage duration for lottery
tickets, stubs of lottery tickets or the stored part of lottery tickets
withdrawn specified in clause 1 this Article is not less than 07 working days,
after the expiry date of receiving prizes of lottery tickets. For all lottery
tickets of issuance term that arises disputes, complaints in time limit of
receiving prizes of that lottery ticket term, after ending the set time limit,
lottery companies still must continue storing until having the final handling
result.
Article 22.
Destruction of lottery tickets that failing to be sold all after draw for
prizes
1. For lottery tickets expired for
storage as prescribed in clause 3 Article 21 of this Circular, lottery
companies are entitled to organize destruction.
2. Before implementing destruction
of lottery tickets that are expired storage, lottery
companies must establish a council for lottery ticket destruction with at least
of three members, of which members compulsorily include: representative of
leader of lottery companies (chairman of council), chief accountant and
storekeeper.
3. After destructing lottery
tickets that are expired storage, lottery companies must
made a record of lottery ticket destruction with the following principal
contents:
a. Date, time, location of lottery
ticket destruction;
b. Memebers participating in
lottery ticket destruction;
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d.Method of lottery ticket
destruction.
Chapter 4
ORGANIZATION AND
SUPERVISION OF DRAW FOR PRIZES
Article 23.
Schedule of draw for prizes
1. The Ministry of Finance shall
provide schedules of conventional draw for prizes of lottery companies or the
regional lottery councils for each period.
2. The handwork bingo lottery is performed
draw for prizes every day. Lottery companies may use their result of
conventional lottery in day or result of handwork bingo lottery that are
organized draw for prizes by themselves and conventional lottery result of
other lottery companies in the same area and its draw for prizes is performed
in day. The use of conventional lottery result of other lottery companies for
issuance of handwork bingo lottery must be agreed by parties in writing.
3. Lottery companies may decide on
number of draw for prizes times for the tearing lottery with instant result,
the scratching lottery with instant result in conformity with demand of lottery
ticket consumption, management capability and assurance of effectiveness in
business operation.
Article 24.
Location and time of draw for prizes
1. The draw for prizes is
performed at head office of lottery companies or other places but must located
in the administrative boundaries of such provinces or cities. In case where the
draw for prizes is performed outside of the administrative boundaries of such
provinces or cities or case of regional linkage for sharing draw for prizes, it
is required to have consensus of lottery companies and have written acceptance
of the Ministry of Finance.
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Article 25.
Devices of draw for prizes
1. Devices of draw for prizes
include:
a. Spherical cages;
b. Balls serving the draw for
prizes;
c. Electronic scale to check
volume of each ball; device to check size of each ball;
d. System of cameras and screens serving supervision of process of draw
for prizes.
2. The management requirement for
devices of draw for prizes:
a. For spherical cages:
– Spherical cages must have clear origin, ensures criteria and specifications in
accordance with design of producers. They must be produced
by material ensuring limitation of corrosionrust and other affects
from outside;
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– Periodically, annually as
minimally, lottery companies must maintain spherical cages. The maintenance
must ensure principle not to falsify the operation principle and specifications
of spherical cages. It is required to have diary of monitoring and managing the
maintenance during the course of maintenance;
– Spherical cages must be checked
the operation process before they are put into use. The examination must have
the witness and confirmation of the council of lottery supervision;
– Ending each draw for prizes,
spherical cages and area containing spherical cages must be sealed so as to
ensure that there is no intervention from outside.
b. For balls:
– Balls used in draw for prizes
must have uniform material, volume and size. The allowed tolerance for each
ball used for lottery draw is as follows:
+ Volume: The maximum deviation
not more than 5% of standard volume of each ball;
+ Size: The maximum deviation not
more than 5% of standard diameter size of each ball.
– Balls must be arranged according
to each set (each set included 10 balls, ordered from No. 0 to No.9); each set
of ball must be stored in a separate box, ensure that balls are not rubbed,
worn out. Boxes containing balls must be sealed after using for draw for
prizes;
– Quantity of sets of balls of
each lottery company must be more than at least twice of quantity of sets of
balls that are actually used for each draw time for prizes;
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c. For electronic scale and
devices checking size of balls:
– Electronic scale must have high
accuracy, stable operation, have been registered on quality standards at
competent state agencies or have been tested and confirmed by agencies of
measurement standard. Devices for checking size of balls must ensure to check
the allowed deviation on size for each ball;
– Electronic scales, devices for
checking size of balls must be sealed to preserve after each use time and must
be replaced timely when they are overdue the use time limit or fail to meet
requirement of examination on the accuracy of ball used in draw for prizes;
d. For system of cameras
and screens serving supervision of process
of draw for prizes:
System of cameras and screens are
laid at the assured positions able to supervise whole process of draw for
prizes, especially selection of balls to put into spherical cages, rotating and
picking up the winning balls. Images monitored through cameras are stored in
time not less than 60 days, from the date of draw for prizes.
Article 26. Persons
rotating number for prizes
1. Organizations issuing lottery
tickets may select persons rotating number for prizes to implement draw for
prizes as prescribed.
2. Persons rotating number for
prizes must meet the following conditions:
a. Having good morality, clear
curriculum vitae, being confirmed by agencies directly managing them or
communal authorities where they reside;
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c. Not being spouses, biological
father or mother, adoptive father or mother, children, adopted children,
biological sisters or brothers, adoptive sisters or brother of members of
council of lottery supervision.
3. Quantity of persons in list of
persons rotating number for prizes must more than at least 1.5 times of
quantity of persons used in reality so as to be able to select randomly some
persons in those persons to participate in draw for prizes.
Article 27.
The rules of draw for prizes
1. Organizations issuing lottery
ticket shall elaborate and publicize the rules of draw for prizes to
participants in winning prizes for monitoring and supervision. The rules of of
draw for prizes must include the following principal contents:
a. Date, time and location of
lottery draw for prizes;
b. Types of lottery
organized draw for prizes;
c. Prizes and ordinal of draw for
each prize;
d) Type and principles of
operating spherical cages;
dd. Process of rotating number for
prizes;
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d. List of competent
representatives of agencies supervising draw for prizes.
2. The rules of of draw for prizes
are elaborated for each type of the issued lottery product.
3. The rules of of draw for prizes
are publicized through listing publicly at head offices of lottery companies,
published on electronic information pages of lottery companies (if any) and
publicized at locations rotating number for prizes.
Article 28.
Process of rotating number for prizes
1. Preparations for draw for
prizes include:
a. To select randomly persons
participating in draw for prizes;
b. To select randomly sets of
balls used in draw for prizes; unseal sets of balls used in draw for prizes;
c. To unseal spherical cages used
in draw for prizes;
d. To mix the tearing lottery
tickets with instant result before rotating numbers for prizes;
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2. The draw for prizes includes
affairs:
a. Rotating-number test for
prizes: To rotate as test for all spherical cages and balls used in draw for
prizes. In case of detecting abnormal matters, to clearly define reason to have
handling measures such as replacing spherical cages, Replacing balls or
temporarily suspension of draw for prizes;
b. Officially rotating number for
prizes: Officially rotating number for prizes is performed according to the
ordinal of draw for each prize as published in the rules of draw for prizes.
3. Confirmation of results of draw
for prizes:
Results of draw for prizes must be
made in records, confirmed by the council of lottery supervision about the
objectiveness, honesty and comply with the process of draw for prizes as
prescribed.
4. Whole
process of draw for prizes must have supervision of the council of lottery
supervision.
Article 29.
Anouncement of lottery result
1. The lottery results of each
prize rank is announced as soon as having lottery result and summed up
generally so as to announce publicly all lottery result after ending the draw
for prizes.
2. Based on records confirmed
results of draw for prizes of the council of lottery supervision, competent
representatives of lottery companies will sign in notice about result of draw
for prizes to do as basis for comparison and paying prizes to customers.
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Chapter 5
PAYING PRIZES
AND STORING THE WINNING LOTTERY TICKETS
Article 30. Time limit for
receiving prizes and duration of paying prizes
1. Time limit for receiving prizes
of the winning lottery tickets is 30 days, from date of defining result of
winning prizes or expiry date of circulating lottery ticket. Pass this time
limit, the winning lottery tickets are no longer valid for receiving prizes.
2. Lottery companies pay prizes at
head offices, branches, representative offices and the authorized lottery agents.
3. Duration of payment for the
winning lottery tickets of lottery companies to the lottery winner is not later
than 05 working days, after receiving request for prizes of customers.
4. In cases arising disputes,
complaints, duration for payment may be prolonged until having official
conclusion of competent state agencies.
Article 31.
Conditions of lottery tickets receiving prizes
1. Lottery tickets receiving
prizes must be in intact of form, size, not be torn, no patchwork, not erased,
repaired and still in time limit for receiving prizes as prescribed.
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2. Based on provision mentioned
above, lottery companies shall specify conditions of tickets receiving prizes,
cases where the torn tickets and torn positions are considered and verified to
decide payment for prizes or refusal for paying prizes to customers in the
Rules on participating in winning lottery.
Article 32.
Secret on information of paying prizes
1. Customers
winning prizes are entitled to require lottery companies to keep secret of the
following information:
a. Name and address where they
reside.
b. Time and location of receiving
prizes.
c. Amounts and purpose of using
prize amounts.
2. In case
they have no request, lottery companies may publish information of winner and
payment of prizes to participants in winning lottery prizes.
3. Lottery
companies are responsible for supplying information of winner to competent
management agencies when having request to serve for management.
Article 33.
Authorization for receiving prizes
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Article 34.
Authorization for paying prizes
1. Lottery
companies may authorize for lottery agents to pay prizes to winners.
2. The
authorization for paying prizes must ensure the following requirements:
a. Based on capability of each
lottery agent, lottery companies may decide value of prizes to authorize the
payment of prizes to each lottery agent;
b. The authorization must be
presented in contract of agent signed between lottery company and lottery
agent;
c. Agents receiving authorization
must take responsibility for the accuracy, honesty of the winning tickets that
they have paid prizes and they are not permitted to collect any charges from
the winners. Agents are responsible before law if customers have complaints
about collection of charges from winners;
d. Lottery companies are entitled
to check agents in paying prizes under authorization. In case of detecting that
an agent fails to comply with regulation of law and the signed contracts on
authorization for paying prizes, lottery companies are entitled to terminate
the authorization to such agent for paying prizes.
Article 35.
Management of lottery tickets winning prizes
1. Lottery
tickets after paying prizes must be perforated or stamped of having been paid
prizes on ticket so as to ensure that they are not misused for receiving
prizes.
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3. Time limit
for storage of the winning lottery tickets is not less than 05 years after time
limit for paying prizes expired.
4. Procedures
for destruction of the winning lottery tickets comply with regulations of Law
on accounting and the Government’s Decree No. 129/2004/ND-CP dated 31/5/2004
detailing and guiding implementation of a number of articles of Law on
accounting applied to business operation and documents amending and
supplementing, replacing (if any).
Chapter 6
ENTERPRISES OF
LOTTERY BUSINESS
Article 36.
The operational model and the structure of management and organization
The operational model and the
structure of management and organization of lottery companies, Vietnam
computing lottery one-member limited liability company shall comply with
regulations in the Decree No. 30/2007/ND-CP and clause 9 Article 1 of the
Decree No. 78/2012/ND-CP
Article 37.
Conditions and standards for titles of leaders and managers
Conditions and standards for
titles of leaders and managers of lottery companies, Vietnam computing lottery
one-member limited liability company are provided by owners and inscribed in
their charters of organization and operation but must meet the following basic
conditions:
1. For
chairmen of companies, General Directors or Directors:
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b. Having fully civil act
capability as prescribed by law;
c. Educated from university level
or higher specialized in economy, finance, banking, economic law, business
administration;
d. Having actual experiences in
managing activities of enterprises;
dd. Not being subjects banned from
holding positions of managing and executing enterprises as prescribed at points
b, c, dd, e and g clause 2 Article 13 of Law on enterprises;
e. Standards on healthy, morality,
and other standards specified in charter of lottery companies that are approved
by owners.
2. For
controllers:
a. Being Vietnamese citizens,
permanently residing in Vietnam;
b. Having fully civil act
capability as prescribed by law;
c. Having specialized
qualification or professional experiences on accounting, audit or specialized
qualification and actual experiences in lottery business operation of lottery
companies or other standards, conditions specified in charter of lottery
companies;
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dd. Not having spouses, biological
father or mother, adoptive father or mother, children, adopted children,
biological sisters or brothers holding positions of General Directors,
Directors, Chiefs accountant, controllers, cashiers at lottery companies.
e. Not being concerned persons of
members of Members’ Council, chairmen of companies,General Directors or
Directors, persons competent to direct appoint the controllers;
g. Standards on healthy, morality,
and other standards specified in charter of lottery companies that are approved
by owners.
3. These
standards are applied to appointment of manager positions of lottery companies
after this Circular comes into effect.
Article 38. Certificate of
eligibility for lottery business
1. The
Ministry of Finance shall issue Certificate of eligibility
for lottery business for lottery companies, Vietnam computing lottery
one-member limited liability company.
2. Certificate
of eligibility for lottery business contains the following
principal contents:
a. Name and address of enterprise;
b. The legal representative of
enterprise;
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d. Methods of product
distribution;
dd. Areas of lottery business;
e. Valid duration of Certificate
of business eligibility;
g. Provisions on complying with
regimes on management and tax obligations in lottery business operation.
Article 39.
Process of and procedures for grant of Certificate of eligibility for lottery
business for the first time
1. Dossier
applying for grant of Certificate of eligibility for lottery business:
a. Written request for grant of
Certificate of business eligibility of lottery company, in which clearly states
types of product requesting for being permitted to business;
b. Opinions of owner about grant
of Certificate of business eligibility;
c.
Plan on organizing business operation of lottery company;
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dd. Enterprise registration
certificate (authenticated copy);
e. Operational charter of lottery
companies that are approved by owners (copy);
g. The audited financial statement
of lottery company in the last year.
2. Time limit
for grant of Certificate of eligibility for lottery business
Time limit for grant of Certificate
of eligibility for lottery business is 15 working days, after the Ministry of
Finance receives full valid dossier as prescribed. In case of refusal for grant
of Certificate of eligibility for lottery business, the Ministry of Finance
shall have written notice clearly stating reason thereof.
Article 40.
Adjustment and re-grant of certificate of eligibility for lottery business
1. Cases of
adjusting certificate of eligibility for lottery business.
a. Change of name or address of
enterprise;
b. Change of the legal
representative of enterprise;
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d. Change of methods of product
distribution;
e. Change of areas of lottery
business.
2. Cases of
re-granting certificate of eligibility for lottery business.
a. Certificate of eligibility for
lottery business is lost, corrupted, misplaced;
b. Certificate of eligibility for
lottery business due to other reason is not able to use.
3. Dossier of
adjustment and re-grant of certificate of eligibility for lottery business.
a. Written request for adjustment,
re-grant of Certificate of eligibility for lottery business of lottery company,
in which clearly states reason of adjustment, re-grant;
b. Opinions of owner about
adjustment, re-grant of Certificate of eligibility for lottery business;
c.
The newest enterprise registration certificate (authenticated copy).
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Article 41.
Withdrawal of Certificate of eligibility for lottery business
1. Lottery
companies, Vietnam computing lottery one-member limited liability company may
be withdrawn Certificate of eligibility for lottery business in the following
cases:
a. Being dissolved or bankrupted
as prescribed by law;
b. Implementing division,
separation, consolidation or merger so as not be able to implement the lottery
business operation or being withdrawn Certificate of Business registration;
c. Conducting violations in
lottery business operation and being sanctioned by withdrawal of certificate of
eligibility for lottery business as prescribed by law on handling
administrative violations in field of lottery business.
2. The
Ministry of Finance shall publicize decisions on withdrawal of Certificate of
eligibility for lottery business on means of mass media.
Chapter 7
REGIME OF
INFORMATION, PROMOTION AND HANDLING OF VIOLATIONS
Article 42. Information,
advertisement and promotion in lottery business operation
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a. Lottery companies, Vietnam
computing lottery one-member limited liability company may provide information
of and advertise lottery as prescribed in Articles 18, 19, 20 and 21 of the
Decree No. 30/2007/ND-CP and current regulations of law.
b. Advertisement of Lottery
companies and Vietnam computing lottery one-member limited liability company
concentrate on the following principal contents:
– Social welfare
works that are invested from lottery revenue source;
– Social and
charity activities that are implemented by lottery companies;
– Warnings to players to control the extent of participation in winning
lottery prizes.
2. Lottery
promotion
Strictly prohibiting the lottery
companies, Vietnam computing lottery one-member limited liability company and
relevant organizations and individuals to supply lottery promotions under
forms:
a. Reducing sale price of lottery
tickets;
b. Giving lottery tickets without charge
collection;
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d. Increasing the value of prizes
in comparison with the rules of participation in winning prizes and rate of
paying prizes as prescribed by State;
dd. Selling lottery tickets
enclosed with participation in programs winning prizes;
e. Other forms of promotion.
Article 43.
Handling of violations in lottery business operation
1. Violations
in lottery business operation, depend on nature, seriousness, shall be handled
administratively or prosecuted criminal liability as prescribed by law.
2. Handling
of administrative violations in lottery business operation shall comply with
regulation of law on sanction of administrative violations in lottery business.
Chapter 8
RESPONSIBILITIES
OF ORGANIZATIONS
Article 44.
Responsibilities of the Ministry of Finance
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2. To provide
for limit of quantity, value of issued tickets or control the minimum average
rate of Conventional lottery consumption in
each period as prescribed in Article 10 of this Circular.
3. To provide
for areas for lottery business of lottery companies as prescribed in Article 13
of this Circular.
4. To provide
for schedules of conventional lottery draw of lottery companies or the regional
lottery councils as prescribed in clause 1 Article 23 of this Circular.
5. To
implement other tasks to manage lottery business operation as prescribed in
Article 31 of the Decree No. 30/2007/ND-CP.
Article 45.
Responsibilities of People’s Committees of central-affiliated cities and
provinces
1. To
exercise rights and obligations of owners to lottery companies as prescribed by
law.
2. To examine, supervise lottery business
operation as prescribed in this Circular and relevant legal documents.
3. To coordinate with the Ministry of Finance in
directing concerned departments and sectors to guide lottery companies in
elaborating the annual plan on collection and remittance to the State budget
based on principle of lottery business operation specified in clause 1, Article
1 of the Decree No. 78/2012/ND-CP, orienting development
of lottery market as notified by the Ministry of Finance for each period and
provisions in this Circular.
Article 46.
Responsibilities of lottery companies, Vietnam computing lottery one-member
limited liability company
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2. To take
responsibilities for management, conservation of capital and properties as
prescribed by law.
3. To take
responsibilities for elaborating and promulgating processes on relevant
professional management, regulations on internal expenditure ensuring
transparence, accuracy, thrifty, effectiveness and complying fully with
provisions of State in organizing lottery business operation.
Chapter 9
ORGANIZATION OF
IMPLEMENTATION
Article 47.
Transitional provisions
1. For
organizations issuing lottery tickets which issuing types of lottery product
other than products specified in Article 6 of this Circular must terminate such
issuance earlier January 01, 2014.
2. For
organizations issuing lottery tickets which implement time of draw for prizes
contrary to time specified in clause 2 Article 24 of this Circular and
performing, signing the contracts of lottery agent with subjects improper with
provision in Article 16 of this Circular, they must adjust time of the draw for
prizes and re-make contracts of lottery agent for conclusion from January 01,
2014 or earlier.
3. Organizations
issuing lottery tickets which issuing types of lottery product with par value
of tickets contrary to the par value of tickets specified in Article 7 of this
Circular must adjust the par value of tickets from October 01, 2013 or earlier.
Article 48.
Implementation provisions
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2. This
Circular replaces the Circular No. 65/2007/TT-BTC dated 18/6/2007 detailing the
Decree No. 30/2007/ND-CP; Article 12 of the Circular No. 131/2009/TT-BTC dated
29/6/2009 amending and supplementing a number of Article of the Circular No.
65/2007/TT-BTC dated 18/6/2007.
3. In the
course of implementation, any arising problems should be reported timely to the
Ministry of Finance for consideration and settlement.
FOR THE MINISTER OF FINANCE
DEPUTY MINISTER
Tran Xuan Ha
