Nghị định 78/2012/ND-CP

DECREE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE GOVERNMENT'S DECREE NO. 30/2007/NĐ-CP DATED MARCH 01, 2007 ON LOTTERY BUSINESS

Pursuant to the Law on Government organization dated December 25, 2001;

At the proposal of the Minister of Finance,,

The Government promulgates a Decree to amend and supplement a number of articles of the Government's Decree No. 30/2007/NĐ-CP dated March 01, 2007 on lottery business.

Article 1. Amending and supplementing a number of articles of the Government's Decree No. 30/2007/NĐ-CP dated March 01, 2007 on lottery business

1. Amending and supplementing Clause 1 Article 3 as follows:

“Article 3 . Principle of lottery business

1. Lottery is a conditional business, subject to the control from competent State agencies, aiming to satisfy the demand for recreation and earning legitimate income of people, and ensure social security and order. Only enterprises licensed to do lottery business by competent State agencies may do lottery business.”

2. Adding Clause 5 to Article 4 as follows:

“Article 4 . Responsibility of lottery enterprises

5. Cooperating with local State management agencies in disseminating and recommending their participants to control the extent of participation in lottery.”

3. Amending Clause 8, Clause 9, and Clause 10 Article 6 as follows:

“Article 6. Prohibited acts

8. Providing information that anticipates the lottery results.

9. Taking advantage of promotion to do illegal lottery business aiming to earn profits from collecting money from their clients.

10. Other prohibited acts prescribed by law.”

4. Amending and supplementing Clause 2 and Clause 5, Article 7 as follows:

“Article 7. Lottery products and lottery forms

2. Optional lottery (manual, electronic).

5. The Ministry of Finance shall compile a list of lottery products as prescribed in Article 7 of the Decree No. 30/2007/NĐ-CP in each period to ensure the target of State management.”

5. Adding Clause 3 to Article 11 as follows:

“Article 11. Lottery distribution

3. The quantity of lottery tickets being issued each time shall be determined by the lottery enterprise, but must not exceed the limit of quantity and value, or must ensure the minimum sale of ticket in each period prescribed by the Ministry of Finance.”

6. Adding Clause c to Clause 2 Article 12 as follows:

“Article 12. Lottery agents

c) Managers and employees working in a lottery enterprise, spouses, parents, adoptive parents, children, adopted children, brothers and sisters, adopted brother and sisters of the President, Director, Deputy General Director, Deputy Director, Chief accountant, and department managers and deputy managers of the lottery enterprise must not establish lottery agents.”

7. Adding Clause 4 to Article 15 as follows:

“Article 15. Determining the wining ticket

4. The time of drawing a wining number is determined by the lottery enterprise itself, but must not be later than the local time bracket prescribed by the Ministry of Finance.”

8. Amending Clause 2 Article 16 as follows:

“Article 16. Awarding prizes

2. The time limit for awarding prizes to clients is 60 days, as from determining the wining number or the expiry date or the lottery ticket. After the time limit, the wining ticket is no longer eligible for receiving prizes.

Based on the time limit for awarding prizes stated above, the Ministry of Finance shall set a time limit for each form and products of lottery.”

9. Adding Clause 3, Clause 4, and Clause 5 to Article 23 as follows:

“Article 23 . Lottery enterprises

3. The organization and operation model of a lottery enterprise must comply with the model of the President, General Director (Director), and controllers, or the President cum General Director (Director) and controllers.

4. The conditions and standards of the President, General Director (Director) and controllers of the lottery enterprise must comply with the Law on Enterprise and relevant legal documents.

5. The lottery enterprises that apply the model of The Member assembly shall stick with it until the end of the tenure. That application of an organization and operation model in the next tenure must comply with this Decree.”

10. Amending Clause 2, and adding Clause 3 to Article 30 as follows:

“Article 30. Handling violations

2. The violations, forms and rates of penalties, and authority to impose penalties for administrative violations of lottery business shall apply current law provisions on penalties for administrative violations of lottery business.

3. The forms and rates of penalties for the acts of violations prescribed in Point 8, Clause 3 Article 1 of this Decree must comply with current law provisions on violations of provisions on using lottery results and information about wining numbers.”

Article 2. Effects

This Decree takes effect on December 01, 2012.

Article 3. Implementation organization

1. The Minister of Finance is responsible for guiding and organizing the implementation of this Decree.

2. The Ministers, Heads of ministerial-level agencies, Heads of Governmental agencies, the Presidents of People’s Committees of central-affiliated cities and provinces are responsible for implementing this Decree./.