Circular No. 136/2013/TT-BTC guiding the operation of lottery business for self-selected electronic number lotteries.

CIRCULAR

Guidelines for operating lottery products with self-selected numbers via electronic means

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Pursuant to Decree No. 30/2007/NĐ-CP dated March 1, 2007 of the Government on lottery business and Decree No. 78/2012/NĐ-CP dated October 5, 2012 of the Government amending and supplementing certain articles of Decree No. 30/2007/NĐ-CP dated March 1, 2007 of the Government on lottery business;

Pursuant to Decree No. 118/2008/NĐ-CP dated November 27, 2008, of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Finance;

Pursuant to Decision No. 1109/QĐ-TTg dated July 11, 2011 of the Prime Minister approving the Project on establishing a company for operating lottery products with self-selected numbers via electronic means in Vietnam;

At the proposal of the Director of the Department of Banking and Financial Institutions;

The Minister of Finance promulgates this Circular guiding the operation of lottery products with self-selected numbers via electronic means.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation and Applicability

Article 1. This Circular guides the operation of lottery products with self-selected numbers via electronic means.

Article 2. This Circular applies to companies for operating lottery products with self-selected numbers via electronic means established and legally operating in Vietnam (hereinafter referred to as electronic lottery companies), participants in the lottery products with self-selected numbers via electronic means, lottery agents for such products, and relevant agencies, organizations, and individuals involved in the operation and management of lottery products with self-selected numbers via electronic means.

Article 3. This Circular does not apply to the Joint Stock Company under State Ownership with One Member - Capital Construction Lottery which is permitted to pilot the issuance of lottery products with self-selected numbers via electronic means.

Article 2. Interpretation of Terms

In this Circular, the following terms shall be understood as follows:

Clause 1. "Lottery product with self-selected numbers via electronic means" refers to a type of lottery issued through terminal devices, fixed-line telephones, mobile phones, or the Internet, allowing participants to select a set of numbers to participate in the lottery according to the Rules of Participation for each type of product announced by the electronic lottery company.

Clause 2. "Amount of participation" refers to the amount of money that participants spend to participate in lottery products with self-selected numbers via electronic means as stipulated in the Rules of Participation.

Clause 3. "Lottery product with self-selected numbers via matrix" refers to a type of lottery where participants can choose one or several specific numbers within a natural number matrix to participate in the lottery.

Clause 4. "Lottery product with self-selected numbers via sequence" refers to a type of lottery where participants can choose one or several specific numbers within a natural number sequence to participate in the lottery.

Clause 5. "Lottery product with self-selected numbers via quick draw" refers to a type of lottery where participants can choose from one (01) to a maximum of twenty (20) numbers within a sequence from one (01) to ninety (90) to participate in the lottery, with each draw of the winning numbers separated by five (05) to ten (10) minutes as specified in the Rules of Participation.

Clause 6. "Lottery ticket with self-selected numbers via electronic means in certificate form" refers to lottery tickets issued through terminal devices and handed over to participants when they participate in the lottery.

Clause 7. "Lottery ticket with self-selected numbers via electronic means in electronic form" refers to a digital file in the form of technical symbols, sounds, or other information recording the participation of participants through distribution methods using fixed-line telephones, mobile phones, or the Internet as prescribed in this Circular.

Clause 8. "Participation account" refers to the account of participants to participate in the lottery as prescribed in this Circular.

Clause 9. "Planned prize payout ratio" refers to the percentage (%) between the total value of all prize categories and the total value of tickets expected to be issued in each draw.

Clause 10. "Fixed prize payout method" refers to a prize payout method where the value of the prize awarded to participants is predetermined by a specific amount of money or predetermined by a specific number of times (calculated by arithmetic progression) compared to the amount of money that participants have spent to participate in the lottery.

Clause 11. "Variable prize payout method based on revenue" refers to a prize payout method where the value of the prize awarded to participants is calculated as a percentage (%) of actual revenue from ticket sales in each issuance period of the electronic lottery company.

Clause 12. "Server" refers to an electronic device system used to manage, process, and store information on participation in lottery products with self-selected numbers via electronic means of participants.

Clause 13. "Terminal device" refers to a fixed or mobile electronic device used to record participating numbers, print tickets for participants in lottery products with self-selected numbers via electronic means, and check winning tickets directly operated by the electronic lottery company or delegated to lottery agents for such products to operate.

Chapter II

LOTTERY PRODUCTS, PARTICIPANTS IN THE LOTTERY AND

RULES OF PARTICIPATION IN LOTTERY PRODUCTS WITH SELF-SELECTED NUMBERS VIA ELECTRONIC MEANS

Article 3. Lottery products for voluntary selection of computer-generated numbers

1. Lottery products for voluntary selection of computer-generated numbers include the following product groups:

a) Lottery products for voluntary selection of numbers according to matrix;

b) Lottery products for voluntary selection of numbers according to number sequences;

c) Lottery products for voluntary selection of numbers with quick draw;

d) Other lottery products for voluntary selection of computer-generated numbers as decided by the Ministry of Finance.

2. Based on the product groups of lottery products for voluntary selection of computer-generated numbers prescribed in Clause 1 of this Article and based on market surveys, the lottery company shall establish a specific product catalog expected to be issued, report to the Ministry of Finance for consideration and approval in accordance with Article 36 of this Circular before implementation.

3. Lottery products for voluntary selection of computer-generated numbers must be established in accordance with the following principles:

a) The method of participating in the draw must ensure clarity, simplicity, and ease of understanding;

b) Be suitable for market demand and the preferences of participants;

c) The method of awarding prizes and planned prize payout ratios must be appropriate for each specific product and prize structure as stipulated in this Circular.

Article 4. Participants in the Draw

1. Participants in the draw for lottery products for voluntary selection of computer-generated numbers must meet all the conditions prescribed below:

a) They must be Vietnamese citizens, overseas Vietnamese, or foreigners legally entering Vietnam;

b) They must be at least eighteen years old;

c) They must not be persons with limited civil capacity or those who have lost their civil capacity as provided by law.

2. Rights of participants in the draw:

a) They are entitled to receive full awards from the lottery company when winning in accordance with the Rules for Participation in the Draw;

b) They may request the lottery company to keep confidential information about winning and receiving awards;

c) They are entitled to other legitimate benefits as stipulated in the Rules for Participation in the Draw.

3. Obligations of participants in the draw:

a) To comply with the Rules for Participation in the Draw and related provisions in this Circular;

b) When winning, participants in the draw must present the winning lottery ticket and documents proving they meet the participation conditions as prescribed in Clause 1 of this Article to complete the claim procedures;

c) To fulfill tax obligations in accordance with the law.

Article 5. Value of Participation in the Draw

The value for one (01) participation in the draw for each lottery product for voluntary selection of computer-generated numbers is a maximum of ten thousand Vietnamese dong (10,000 VND). The specific value for one (01) participation in the draw is determined by the lottery company and stipulated in the Rules for Participation in the Draw.

Article 6. Rules for Participation in the Draw

1. The lottery company has the responsibility to establish Rules for Participation in the Draw for each lottery product for voluntary selection of computer-generated numbers. The Rules for Participation in the Draw must include the following main contents:

a) The name of the product;

b) Name of the issuing company;

c) Participants in the draw and conditions for participation;

d) Method of participation in the draw;

đ) Value for one (01) participation in the draw;

e) Method of determining the winning results;

g) Number of prizes and prize structure;

h) Product distribution methods;

i) Drawing schedule;

k) Conditions for claiming prizes for winning lottery tickets for voluntary selection of computer-generated numbers;

l) Responsibilities and rights of participants in the draw;

m) Responsibilities and powers of the lottery company;

n) Recommendations for participants in the draw to control the level of participation.

2. After obtaining the approval document from the Ministry of Finance as prescribed in Article 36 of this Circular, the lottery company must publicly announce the Rules for Participation in the Draw before issuing the product.

3. Public announcement of the Rules for Participation in the Draw shall be carried out by posting them publicly at the headquarters, branches, and stores (if any) of the lottery company, lottery sales agents, publishing them on the enterprise's website (if any), distributing leaflets to agents and participants in the draw, or other mass media as prescribed by law.

Article 7. Prize payout ratio and prize structure

1. The planned prize payout ratio for each product shall be established by the lottery company but shall not exceed sixty percent (60%) of the total value of anticipated issued lottery tickets.

2. The lottery company is responsible for establishing the planned prize payout ratio, the number of prizes, and the prize structure that are appropriate for each lottery product according to the application file for approval of the lottery product as stipulated in Clause 2, Article 36 and the Participation Rules specified in Article 6 of this Circular.

Article 8. Prize payout methods

1. Prize payout methods for lottery products include:

a) Fixed prize payout method;

b) Prize payout method varying with revenue;

c) Combination of both prize payout methods prescribed in points a and b of this clause.

2. Based on the prize payout methods prescribed in Clause 1 of this Article, the lottery company selects an appropriate prize payout method for each type of lottery product and submits it to the Ministry of Finance for review and approval when approving the list of lottery products as stipulated in Article 36 of this Circular.

Chapter III

ISSUE AND DISTRIBUTION OF LOTTERY TICKETS

Article 9. Methods of distributing lottery tickets

Lottery tickets are distributed through the following methods:

1. Direct sale to customers via terminal devices.

2. Through fixed-line telephones and mobile phones.

3. Through the internet. This distribution method can only be implemented after approval from the Ministry of Finance.

Article 10. Territory for issuing lottery tickets

1. Territory for issuing lottery tickets through terminal device distribution methods: The lottery company selects certain provinces and cities nationwide to implement the issuance of lottery tickets according to this Circular. Specific business territory must be reported to the Ministry of Finance for approval before implementation.

2. Territory for issuing lottery tickets through fixed-line telephones, mobile phones, and the internet: The lottery company may operate throughout the country.

Article 11. Time for issuing lottery tickets

1. Lottery tickets are issued daily, except in special cases as announced by the lottery company.

2. The lottery company is responsible for publicly announcing the non-issue period at least five (05) working days prior to the date of non-issue of lottery tickets. Public announcement of the non-issue date is carried out through posting at the main office, branches, and stores (if any) of the lottery company, lottery retailers, and publication on the company's website (if any) or other mass media.

3. The issuance of lottery tickets by the lottery company must end no later than fifteen (15) minutes before the draw time as stipulated in Article 17 of this Circular. For quick-draw lottery products, the issuance of tickets must end no later than five (05) minutes before the draw time.

Article 12. Lottery tickets for self-selected computerized numbers

1. Lottery tickets for self-selected computerized numbers may be issued in the form of certificates or electronic data, depending on the distribution methods of the product as stipulated in Article 9 of this Circular.

2. Lottery tickets for self-selected computerized numbers in the form of certificates must contain the following basic contents:

a) Name of the issuing company;

b) Name of the self-selected computerized lottery product;

c) Prize number;

d) Participation value for the prize draw;

đ) Date and time of ticket issuance;

e) Draw date, claim period;

g) Symbol of the ticket seller or terminal device;

h) Ticket serial number, code table for identifying the ticket to prevent counterfeiting;

i) Other information as required by the management of the computerized lottery company in accordance with the law.

3. Lottery tickets for self-selected computerized numbers in the form of electronic data must contain the following basic contents:

a) Contents prescribed at points a, b, c, d, đ, and e of Clause 2 of this Article;

b) Customer's account number for participation in the prize draw.

4. Participants have the right to cancel purchased lottery tickets for self-selected computerized numbers through terminal devices at the same point of sale within twenty (20) minutes from the time of purchase and no later than thirty (30) minutes before the draw time. Canceled lottery tickets for self-selected computerized numbers lose their claim value.

Article 13. Selection Number Card for Self-Selected Computerized Lottery

1. The selection number card for self-selected computerized lottery is used to guide participants in the following matters:

a) Selecting numbers for participation in the prize draw or notifying acceptance of quick number selection and handing over to the seller to enter data into the terminal device;

b) Checking and verifying the accuracy between the self-selected computerized lottery ticket for participation in the prize draw and the numbers selected by the participant at the time of ticket delivery.

2. The selection number card for self-selected computerized lottery does not have claim value.

3. The selection number card for self-selected computerized lottery must meet the following requirements:

a) Clearly printed, containing all necessary information to serve the participation in the prize draw of the participant;

b) Specific instructions on how to mark the selected numbers and correct errors during the process of selecting numbers for participation in the prize draw.

Article 14. Participant's Account for Participation in the Prize Draw

1. Participants in self-selected computerized lottery through fixed-line telephones, mobile phones, or the Internet must have a participant's account registered with the computerized lottery company to participate in the prize draw.

2. When registering a participant's account, the participant is responsible for declaring and bearing responsibility for the declared information. The declared information of the participant must include the following contents:

a) Full name of the participant;

b) Date of birth;

c) Identity card number or passport number, date of issue, place of issue;

d) Place of registration for participation in the prize draw;

đ) Bank account number opened at credit institutions established and operating legally in Vietnam;

e) Other contents as prescribed by the computerized lottery company.

3. After the participant registers to open a participant's account, the computerized lottery company issues an account number and initial password for the participant to access when participating in the prize draw. The participant is responsible for managing and protecting their account and password during use.

4. In cases where the participant does not belong to the category of participants as stipulated in Clause 1 of Article 4 of this Circular, the computerized lottery company has the right to refuse payment of prizes when the participant wins.

Article 15. Lottery Agents for Self-Selected Computerized Numbers

1. Conditions to become a lottery agent for self-selected computerized numbers:

a) For individuals:

- Be a Vietnamese citizen aged eighteen (18) years or older, residing permanently in Vietnam;

- Not be a person with a criminal record or prior offenses; not be a person whose civil capacity is restricted or lost according to the provisions of the law;

- Not be an employee or management staff working at the computerized lottery company;

- Not be the spouse, father, adopted father, mother, adopted mother, child, adopted child, brother, sister, or adopted brother, adopted sister of the Chairman, General Director, Deputy General Director, Chief Accountant, or accounting supervisor, Auditor, or head or deputy head of business departments of the computerized lottery company;

- Meet the requirements for guaranteeing payment obligations under the law on secured transactions to ensure the fulfillment of payment obligations to the computerized lottery company;

- Have a stable place of business with sufficient floor area, facilities, and other necessary conditions to install equipment for selling self-selected computerized lottery tickets;

- Possess the qualifications to operate self-selected computerized lottery ticket-selling equipment proficiently, confirmed by the computerized lottery company or awarded a certificate;

- Provide a written commitment to comply fully with all regulations of the computerized lottery company upon becoming a lottery agent for self-selected computerized numbers;

b) For organizations:

- Be an economic organization established and legally operating in Vietnam;

- Not be an economic organization with capital contributions from the spouse, father, adopted father, mother, adopted mother, child, adopted child, brother, sister, or adopted brother, adopted sister of the Chairman, General Director, Deputy General Director, Chief Accountant, or accounting supervisor, Auditor, or head or deputy head of business departments of the computerized lottery company;

- Meet the requirements for guaranteeing payment obligations under the law on secured transactions to ensure the fulfillment of payment obligations to the computerized lottery company;

- Have a stable place of business with sufficient floor area, facilities, and other necessary conditions to install equipment for selling self-selected computerized lottery tickets;

- Have employees who possess the qualifications to operate self-selected computerized lottery ticket-selling equipment proficiently, confirmed by the computerized lottery company or awarded a certificate;

- Provide a written commitment to comply fully with all regulations of the computerized lottery company upon becoming a lottery agent for self-selected computerized numbers;

2. Agency Contract:

The agency contract for self-selected computerized lottery must include the following basic contents:

a) Name, address, and representative of the parties signing the agency contract for self-selected computerized lottery;

b) Product of self-selected computerized lottery tickets to be sold;

c) Distribution method of the permitted product issuance;

d) Commission rate for the agent, payment fee rate for winning lottery tickets (if applicable);

đ) Payment location and method, payment time, and debt period;

e) Guaranteed sales revenue of self-selected computerized lottery tickets committed by the lottery agent. In cases where the guaranteed sales revenue of the lottery agent is adjusted during each period, the content of the guaranteed sales revenue shall be specified in the annex of the contract. The annex is an inseparable part of the agency contract;

g) Measures to ensure the performance of payment obligations;

h) Rights and obligations of the parties signing the contract;

i) Handling of violations and commitments to compensate damages due to breach of contract;

k) Duration of the contract's effectiveness.

3. Payment for lottery ticket sales and guarantee of payment obligations of lottery agents for self-selected computerized numbers:

a) Payment for sales of self-selected computerized lottery tickets:

- The lottery agent for self-selected computerized numbers must pay the full amount of lottery tickets sold to the computerized lottery company;

- In cases where the computerized lottery company allows the lottery agent to owe money for ticket sales, the maximum debt period is fifteen (15) days from the draw date. Based on actual conditions, characteristics of issuance, and the number of draws for each self-selected computerized lottery product, the computerized lottery company decides specifically about the deadline for completing the payment of lottery ticket purchases by agents, ensuring it does not exceed the above-mentioned period;

- Upon reaching the payment deadline for lottery ticket sales, if the lottery agent for self-selected computerized numbers fails to pay or pays insufficiently to the computerized lottery company according to the signed agency contract, the computerized lottery company has the right to stop issuing lottery tickets for those agents and apply necessary measures to recover the sales proceeds according to civil law, the law on secured transactions, and asset disposal procedures;

b) Guarantee of payment obligations of lottery agents for self-selected computerized numbers:

- The computerized lottery company must require lottery agents for self-selected computerized numbers to provide collateral assets to guarantee payment obligations;

- The measures to ensure the payment obligations of lottery agents for self-selected computerized numbers to the computerized lottery company are implemented according to Article 13 of Decree No. 30/2007/NĐ-CP dated March 1, 2007, of the Government on lottery operations, amended, supplemented, or replaced documents (if any), and the law on secured transactions;

- The level of guarantee for payment obligations of lottery agents for self-selected computerized numbers to the computerized lottery company is specified as follows:

+ For lottery ticket agents for self-selected computerized numbers who have committed to sales revenue but have not issued lottery tickets, the minimum guarantee level for payment obligations is determined by subtracting (-) the commission earned by the lottery agent according to regulations from the committed sales revenue;

+ For lottery ticket agents for self-selected computerized numbers who have determined actual sales revenue, the guarantee level for payment obligations is determined by subtracting (-) the commission earned by the lottery agent according to regulations from one hundred percent (100%) of the average actual sales revenue over the last three (03) consecutive weeks;

- The procedure and formalities for registering secured transactions for assets used to guarantee payment obligations are carried out according to the law on secured transactions;

- The computerized lottery company must assess the value of assets used to guarantee payment obligations at the time of receiving the assets; periodically re-evaluate or conduct re-evaluation when necessary. For immovable property, movable property, etc., if the computerized lottery company lacks the capability to assess the value, the company may hire organizations with appraisal functions to determine the value of assets used for payment guarantees. Appraisal costs are included in the operational expenses of the computerized lottery company.

4. The lottery company has the responsibility to establish and promulgate general standards regarding floor area, design, material infrastructure, technical conditions, operational standards for lottery ticket vending equipment, and other regulations concerning lottery agents according to management requirements of the company.

5. Based on the conditions for lottery agents stipulated in Clause 1 and Clause 4 of this Article, the lottery company selects organizations and individuals who meet the required conditions to act as lottery agents. The selection of lottery agents must ensure transparency, fairness, and objectivity.

6. Lottery agents have the responsibility to fully fulfill their tax obligations to the state in accordance with the provisions of the law.

Chapter IV

ORGANIZATION OF PRIZE DRAWING AND SUPERVISION OF PRIZE DRAWING

Section 1

ORGANIZATION OF PRIZE DRAWING

Article 16. Schedule for Prize Drawing

The lottery company is permitted to organize prize drawing up to three (03) times a week for each lottery product (except for quick draw lottery products). The schedule for prize drawing for each lottery product shall be approved by the Ministry of Finance in accordance with the provisions of Clause 3, Article 36 of this Circular.

Article 17. Location and Time of Prize Drawing

1. The prize drawing for lottery products shall be conducted at the main office of the lottery company or at other locations but must be within the administrative boundaries of the province or city where the lottery company's main office is located.

2. The time for prize drawing is determined by the lottery company but must not end later than 18 hours 30 minutes on the day of the prize drawing.

Article 18. Ball Cage Prize Drawing Equipment

The ball cage prize drawing equipment and management requirements for such equipment shall be implemented in accordance with the provisions of Article 25 of Circular No. 75/2013/TT-BTC dated June 4, 2013, issued by the Ministry of Finance detailing the operation of lottery business and any subsequent amendments, supplements, or replacements (if any).

Article 19. Electronic System Prize Drawing Equipment

1. Electronic system prize drawing equipment includes:

a) Automatic number generation computer systems and software;

b) Camera and screen systems for monitoring the electronic system prize drawing process.

2. Requirements for electronic system prize drawing equipment:

a) For the computer system and prize drawing software:

- Must have clear origin, meeting the manufacturer's design standards and technical specifications, and being certified by a reputable testing company worldwide;

- Must operate safely, stably, and ensure complete randomness without any external interference affecting the prize drawing results;

- Must have at least one (01) backup system;

- Must be stored in a separate room and sealed by the Lottery Supervisory Council after use to ensure that all unauthorized parties cannot interfere with the electronic prize drawing system software;

- Must be inspected and maintained by the lottery company every six (06) months. Such inspections and maintenance must be witnessed and confirmed by the Lottery Supervisory Council.

b) For the camera and screen systems for monitoring the prize drawing results: The camera and screen systems must be positioned to ensure they can monitor the prize drawing results. Video footage from the cameras must be retained for a minimum of sixty (60) days from the date of the prize drawing.

Article 20. Lottery Draw Number Operator

The lottery draw number operator for voluntary electronic number lottery shall implement according to the provisions set out in Article 26 of Circular No. 75/2013/TT-BTC dated June 4, 2013, issued by the Ministry of Finance detailing the operation of lottery business and any subsequent amendments, supplements, or replacements (if applicable).

Article 21. Rules for Lottery Draw

1. The lottery company shall establish and publicly announce the Rules for Lottery Draw so that participants can be aware and monitor them. The Rules for Lottery Draw must include the following main contents:

a) Date, time, and location of the lottery draw;

b) Products of voluntary electronic number lottery subject to the draw;

c) Method of lottery draw;

d) Prizes and the sequence of drawing for each prize;

đ) Process of lottery draw;

e) Technical standards, types, and operating principles of equipment used for each method of lottery draw;

g) List of authorized representatives supervising the lottery draw process.

2. The Rules for Lottery Draw shall be established for each permitted voluntary electronic number lottery product.

3. Public announcement of the Rules for Lottery Draw shall be carried out through posting at the headquarters, branches, and stores (if any) of the lottery company, lottery agents, publishing on the company's website (if any), and public announcement at the lottery draw location.

Article 22. Process of Lottery Draw

1. The process of lottery draw using ball cages shall be implemented according to the provisions set out in Article 28 of Circular No. 75/2013/TT-BTC dated June 4, 2013, issued by the Ministry of Finance detailing the operation of lottery business and any subsequent amendments, supplements, or replacements (if applicable).

2. The process of lottery draw using electronic systems shall be carried out in the following steps:

a) Randomly selecting the lottery draw operator;

b) Unsealing the computer system and lottery draw software;

c) Checking other necessary conditions for the awarding process;

d) Conducting the lottery draw in the announced order of each prize;

đ) The results of the draw must be recorded in a protocol and confirmed by the Lottery Supervisory Council.

3. The entire lottery draw process must be supervised by the Lottery Supervisory Council.

Article 23. Announcement of Draw Results

The announcement of draw results for voluntary electronic number lottery shall be carried out according to the provisions set out in Article 29 of Circular No. 75/2013/TT-BTC dated June 4, 2013, issued by the Ministry of Finance detailing the operation of lottery business and any subsequent amendments, supplements, or replacements (if applicable).

Section 2

SUPERVISION OF LOTTERY DRAW FOR VOLUNTARY ELECTRONIC NUMBER LOTTERY

Article 24. Lottery Supervisory Council

1. The Ministry of Finance decides to establish the Lottery Supervisory Council (hereinafter referred to as the Lottery Supervisory Council) upon the proposal of the Director of the Department of Banking and Financial Institutions, Ministry of Finance, to supervise the lottery draw process and periodic inspection of lottery draw equipment as stipulated in Articles 27 and 28 of this Circular.

2. Members of the Lottery Supervisory Council include:

a) Chairman of the Lottery Supervisory Council: a leader from the Department of Banking and Financial Institutions, Ministry of Finance;

b) Members of the Lottery Supervisory Council: representatives from the Ministry of Public Security, the Ministry of Culture, Sports and Tourism, the Legal Department (Ministry of Finance), and the Inspectorate of the Ministry of Finance;

c) Secretary and member of the Lottery Supervisory Council: a leader from the lottery company.

3. Members of the Lottery Supervisory Council shall not have any relationship with each other or with management staff of the lottery company including: spouse, parent, adopted parent, child, adopted child, sibling, adopted sibling.

4. When there is a change in members of the Lottery Supervisory Council, the Director of the Department of Banking and Financial Institutions, Ministry of Finance, shall be responsible for reporting to the Ministry of Finance to consider and decide changes in personnel of the Lottery Supervisory Council in the following cases:

a) Transfer to another job;

b) Violation of discipline at the workplace;

c) Violation of discipline during the performance of duties of the Lottery Supervisory Council;

d) Resignation or retirement according to regulations;

đ) Other situations deemed necessary.

Article 25. Duties and Authorities of the Chairman of the Lottery Supervisory Council

1. Duties of the Chairman of the Lottery Supervisory Council:

a) Bear full responsibility for the implementation of the duties and authorities of the Lottery Supervisory Council as stipulated in this Circular and the operational regulations of the Lottery Supervisory Council approved by the Ministry of Finance;

b) Assign specific tasks, coordinate, and direct members of the Lottery Supervisory Council to perform their assigned responsibilities effectively;

c) Report periodically and ad hoc on the activities of the Lottery Supervisory Council to the Ministry of Finance and implement measures to strengthen the organization and operations of the Lottery Supervisory Council in compliance with the law and its operational regulations.

2. Authorities of the Chairman of the Lottery Supervisory Council:

a) Require lottery companies and members of the Lottery Supervisory Council to comply with the provisions of this Circular and the operational regulations of the Lottery Supervisory Council;

b) Decide on the results of the supervision conducted by the Lottery Supervisory Council;

c) Other authorities as prescribed in this Circular and the operational regulations of the Lottery Supervisory Council.

Article 26. Duties and Authorities of Members of the Lottery Supervisory Council

1. Duties of members of the Lottery Supervisory Council:

a) Adhere to the regulations when performing tasks according to the prescribed regime, operational regulations of the Lottery Supervisory Council, and assignments by the Chairman of the Lottery Supervisory Council;

b) Perform tasks assigned by the Chairman of the Lottery Supervisory Council and be responsible for the outcomes of the tasks they are assigned;

c) Timely report to the Chairman of the Lottery Supervisory Council about any violations or suspicious manifestations during the performance of their tasks so that the Chairman can consider and promptly decide on appropriate measures.

2. Authorities of members of the Lottery Supervisory Council:

Members of the Lottery Supervisory Council have the right to reserve personal opinions during the performance of assigned tasks.

Article 27. Duties and Authorities of the Lottery Supervisory Council in Supervising Number Drawing Activities

1. Supervision of number drawing using ball cages:

a) Duties of the Lottery Supervisory Council:

- Supervise the number drawing process of lottery companies as stipulated in this Circular, ensuring transparency and fairness;

- Immediately after the deadline for issuing lottery tickets as specified in Article 11 of this Circular, representatives of the Lottery Supervisory Council must lock the main server with a password set by the Lottery Supervisory Council to ensure that the system cannot issue any more tickets after this time;

- Inspect the quantity and origin of number drawing equipment as stipulated in this Circular;

- Inspect the operation of number drawing equipment before putting them into use;

- Appoint members or randomly select participants to witness the selection of balls used for number drawing;

- Appoint members to seal and unseal equipment used for number drawing (ball cages, ball containers, electronic scales, devices to measure ball size);

- Check the arrangement of imaging equipment (cameras, TV screens) to facilitate observation and monitoring of the number drawing process by the Lottery Supervisory Council and witnesses;

- Supervise compliance with regulations regarding timing, location, announcement of the rules for number drawing, and the sequence of steps in the number drawing process;

- Supervise the activities of the number drawer when performing the number drawing task;

- Sign a confirmation record of the supervised results and the number drawing results to serve as a basis for the lottery company to publicly announce to participating customers.

b) Authorities of the Lottery Supervisory Council:

- Request suspension of the number drawing process in the following cases:

+ Number drawing equipment has been tampered with before the Lottery Supervisory Council begins work;

+ Equipment does not meet legal requirements to ensure the objectivity and fairness of the drawing results;

+ The draw is not conducted at the announced date, time, and location;

+ There are signs of fraud during the number drawing process;

+ The main server and terminal machines are continuously out of service for six hours during the announced period for selling lottery tickets;

+ The system cannot stop ticket issuance before the number drawing time as required;

+ There is evidence that the operation of the lottery system affects the fairness between participating customers.

- Request a re-draw in the following cases:

+ The number drawing sequence does not follow the order announced in the number drawing rules;

+ Multiple draws result in the same outcome for a particular prize category.

- Request disciplinary action or refer cases of violation or fraudulent behavior in organizing the number drawing process to the competent authority for investigation and handling according to the law.

2. Supervision of number drawing using electronic systems:

a) Duties of the Lottery Supervisory Council:

- Supervise the number drawing process as stipulated in this Circular, ensuring transparency and fairness;

- Inspect the quantity and origin of number drawing equipment as stipulated in this Circular;

- Appoint members to seal and unseal the number drawing system equipment;

- Supervise compliance with regulations regarding timing, location, and announcement of the rules for number drawing.

b) Authorities of the Lottery Supervisory Council:

- Request suspension of the number drawing process in the following cases:

+ Number drawing equipment has been tampered with;

+ The draw is not conducted at the announced date, time, and location;

+ The main server and terminal machines are continuously out of service for six hours;

+ The system cannot stop ticket issuance before the number drawing time as required;

+ There is evidence that the operation of the lottery system affects the fairness between participating customers.

- Request disciplinary action or propose to the competent authority to investigate and handle cases of violations or fraudulent acts in organizing the draw for prize draws as prescribed by law.

Article 28. Duties and powers of the Lottery Supervisory Council in supervising periodic inspections of lottery draw equipment

1. The duties of the Lottery Supervisory Council: Supervise the testing operation of lottery balls and lottery draw electronic systems before they are put into use and after each maintenance period as stipulated, ensuring that the equipment used for drawing prizes meets the prescribed standards.

2. The powers of the Lottery Supervisory Council: Require the Lottery Company to equip new, supplementary, remove, and replace equipment that does not meet the required standards to serve the organization of lottery draws.

Article 29. Operation mechanism of the Lottery Supervisory Council

1. The Lottery Supervisory Council must have sufficient members when performing its tasks. In case due to objective reasons, members cannot fully participate, apart from the company's leadership representative, there must be at least two other members of the Lottery Supervisory Council present.

2. The Lottery Supervisory Council operates on the principle of consensus. In case there are differing opinions on the same issue, it shall be handled as follows:

a) A decision is passed when more than 50% of the members present at the Lottery Supervisory Council agree with it;

b) In case the number of supporters and non-supporters is equal, the decision is implemented according to the proposal agreed upon by the Chairman of the Lottery Supervisory Council.

3. The Lottery Supervisory Council operates on a part-time basis, except for the company's leadership representative.

Article 30. Remuneration for participation in the Lottery Supervisory Council

The Chairman and members of the Lottery Supervisory Council (excluding the Lottery Supervisory Council member who is the company's representative) are entitled to remuneration when participating in the Lottery Supervisory Council. Based on the part-time allowance standard for officials and civil servants as prescribed, the Lottery Company establishes the remuneration level for Lottery Supervisory Council members and reports it to the Ministry of Finance for approval before implementation.

Chapter V

PRIZE PAYMENT AND MANAGEMENT OF WINNING TICKETS

Article 31. Regulations on Prize Payment for Self-Selected Number Lottery

1. Claiming period, payment time for prizes:

a) The claiming period for winning tickets is sixty (60) days, starting from the date of determining the winning results or from the expiration date of the self-selected number lottery ticket. Beyond this period, winning tickets will no longer be valid for claiming;

b) Prize payments are made at the main office, branch, store (if any) of the Lottery Company and authorized lottery sales agents;

c) The Lottery Company's payment time for winning tickets to winners is no later than five (05) working days from the date of receiving the customer's claim request;

d) For cases involving disputes or complaints, the payment time may be extended until a formal conclusion is reached by the competent state authority.

2. Conditions for claiming lottery tickets:

a) For lottery tickets in certificate form: Self-selected number lottery tickets claimed by customers participating in the draw must remain intact, uncut, unstitched, unerased, unrepaired, and within the claiming period as prescribed.

In cases where due to objective reasons, self-selected number lottery winning tickets are torn but still retain sufficient evidence to determine their original shape, authenticity, and are not suspected of fraud, and the tear location does not affect the factors determining the win, the Lottery Company organizes verification and decides whether to pay the prize or refuse payment to the customer. The decision-making authority is the Chairman or General Director of the Lottery Company as stipulated in the Participation Rules for Self-Selected Number Lottery Draws.

b) For lottery tickets in electronic form: The Lottery Company decides to pay prizes to participants based on the participation information recorded and stored in the company's system compared to the participant's registered account information as stipulated in Clause 3, Article 12 and Article 14 of this Circular.

c) Based on the provisions of points a and b of Clause 2 of this Article, the Lottery Company specifies the conditions for claiming self-selected number lottery tickets in the Participation Rules for Self-Selected Number Lottery Draws.

3. Confidentiality of prize payment information:

The confidentiality of prize payment information for self-selected number lotteries is carried out in accordance with Article 32 of Circular No. 75/2013/TT-BTC dated June 4, 2013, issued by the Ministry of Finance detailing the operation of lottery business activities and any subsequent amendments, supplements, or replacements (if any).

4. Delegation of claiming rights:

Delegation of claiming rights for self-selected number lotteries is carried out in accordance with the provisions of Article 33 of Circular No. 75/2013/TT-BTC dated June 4, 2013, issued by the Ministry of Finance detailing the operation of lottery business activities and any subsequent amendments, supplements, or replacements (if any).

5. Delegation of prize payment:

a) The Lottery Company delegates the right to pay prizes to lottery agents for winners;

b) The delegation of prize payment must ensure the following requirements:

- Based on the agent's capacity, the Lottery Company determines the value of the prize delegated for payment to each agent;

- The delegation must be reflected in the agency contract signed between the Lottery Company and the lottery agent;

- The delegated agent must be responsible for the accuracy and honesty of the winning tickets paid out and must not charge any fees from the winners. The agent bears full responsibility under the law if there are complaints from participants about charging fees from winners.

- The lottery company has the right to inspect agents in their implementation of the authorization to pay out winnings. In cases where it is found that the agent does not comply with the provisions of the law and the signed contract regarding the authorization to pay out winnings, the lottery company has the right to terminate the agent's authorization to pay out winnings.

Article 32. Management of winning lottery tickets

a) For lottery tickets in the form of certificates: Implement according to the provisions of Article 35 of Circular No. 75/2013/TT-BTC dated June 4, 2013, issued by the Ministry of Finance detailing the operation of lottery business and any subsequent amendments, supplements, or replacements (if any);

b) For lottery tickets in electronic form: Implement according to current laws on the management, storage, and destruction of electronic vouchers.

Chapter VI

ORGANIZATION OF LOTTERY BUSINESS OPERATIONS

ELECTRONIC LOTTERY WITH SELF-SELECTED NUMBERS

Article 33. Conditions for organizing electronic lottery with self-selected numbers business operations

1. Having a system and equipment for electronic lottery with self-selected numbers that meet the technical conditions stipulated in Article 34 of this Circular.

2. The products of electronic lottery with self-selected numbers intended for issuance must be approved by the Ministry of Finance according to the provisions of Article 36 of this Circular.

Article 34. Technical conditions for the system of electronic lottery with self-selected numbers

1. Hardware conditions (servers, terminal devices):

a) With clear origin and source, legally imported into Vietnam (in cases of import from abroad);

b) Machines and equipment must come with documentation describing technical characteristics, installation procedures, detailed diagrams of machine parts, replacement and repair methods for parts, lists of spare parts, operating methods, and maintenance procedures;

c) Installed according to the technical specifications and instructions of the manufacturer; ensuring safe and stable operation;

d) Capable of integrating at least two (02) data transmission channels to ensure at least one backup data channel when the main data transmission channel fails;

đ) Having a backup server running concurrently with the main server to back up customer participation data for the draw.

2. Software conditions:

a) Holding valid copyright as prescribed by law;

b) Designed in accordance with legal regulations and rules for participating in draws for each type of electronic lottery with self-selected numbers product;

c) Ensuring timely and accurate recording of participant data, calculation, and determination of revenue, prize value, verification of winning ticket parameters... In cases of quick selection participation, the software must ensure complete randomness;

d) Having high security, preventing external intrusion or interference that could distort participant data and other data serving the organization of electronic lottery business operations.

3. Data transmission conditions: Data transmission (including terminal systems and fixed telephone systems) for electronic lottery with self-selected numbers business operations must meet the following basic conditions:

a) High stability, with sufficient volume and speed to meet the requirements for timely information exchange and processing between servers, terminal devices, telephone systems, and directly related equipment;

b) Ensuring security, safety, and confidentiality of user information according to legal regulations;

c) Ensuring the accurate and complete recording of all participation data (in file or audio format) of participants to serve as a basis for management, monitoring, and payout activities of the lottery company.

Article 35. Operation of the system and management, exploitation of lottery data for self-selected computerized numbers

1. Operation of the self-selected computerized lottery system:

a) The Computerized Lottery Company shall be responsible for organizing the management and operation of the self-selected computerized lottery system in accordance with the provisions of the law. Lottery agents for self-selected computerized numbers operate the ticket-selling devices according to the guidance of the Computerized Lottery Company and are responsible for the equipment they manage under the contracts signed between the parties;

b) On a monthly basis, the self-selected computerized lottery system (servers, terminal devices, and other synchronized devices) must be inspected and maintained to ensure safe and accurate operation requirements;

c) The Computerized Lottery Company shall be responsible for resolving any issues faced by participants in the draw, lottery agents for self-selected computerized numbers, and other interested parties, and promptly addressing technical incidents occurring during the system's operation.

2. Management and exploitation of data from the self-selected computerized lottery server:

a) The Computerized Lottery Company shall be responsible for issuing regulations on managing and exploiting data from the server to serve the company's business activities. Server data must meet authenticity and accuracy requirements;

b) The Ministry of Finance, inspection agencies, and supervisory bodies within their functions, tasks, and authorities have the right to access and request the Computerized Lottery Company to provide server data to serve management and supervision work during the execution of assigned tasks, but they must bear responsibility for information management and not disclose it according to state confidentiality regulations;

c) Lottery business data must be stored for a minimum period of five (05) years, starting from the end date of the accounting year. Necessary data must be extracted and printed into vouchers to serve financial management and accounting records of the Computerized Lottery Company according to prescribed regulations.

Article 36. Approval of self-selected computerized lottery products

1. Each proposed self-selected computerized lottery product must be approved by the Ministry of Finance. The content of each self-selected computerized lottery product includes:

a) Draft Rules for participation in the draw according to the contents stipulated in Article 6 of this Circular;

b) Planned prize payout ratio as specified in Article 7 of this Circular;

c) Prize payout method as specified in Article 8 of this Circular;

d) Product distribution method as specified in Article 9 of this Circular;

đ) Anticipated issuance territory as specified in Article 10 of this Circular;

e) Anticipated issuance time as specified in Article 11 of this Circular.

2. Documents for requesting approval of self-selected computerized lottery products:

a) A document requesting the Ministry of Finance to approve the proposed issuance of self-selected computerized lottery products;

b) A list of self-selected computerized lottery products proposed for issuance that require approval by the Ministry of Finance;

c) Content of each self-selected computerized lottery product as stipulated in Clause 1 of this Article.

3. Process and procedures for approving self-selected computerized lottery products:

a) The Computerized Lottery Company submits one (01) set of documents as stipulated in Clauses 1 and 2 of this Article to the Ministry of Finance for examination and approval of the permitted issuance of self-selected computerized lottery products;

b) Within thirty (30) working days from the date of receipt of complete documents, based on the principles of product development as stipulated in Clause 3 of Article 3 of this Circular, the Ministry of Finance issues a document approving the permitted issuance of self-selected computerized lottery products. In case of non-approval, the Ministry of Finance responds in writing and specifies the reasons;

c) The Ministry of Finance's approval document for each self-selected computerized lottery product shall include the following basic contents:

- Name of the self-selected computerized lottery product;

- Product distribution method;

- Prize payout method;

- Issuance territory;

- Issuance time;

- Draw number opening schedule.

Chapter VII

RESPONSIBILITIES OF ORGANIZATIONS

Article 37. Responsibilities of the Ministry of Finance

1. Inspect and supervise the implementation of policies and regulations on the issuance of lottery tickets for voluntary electronic number lotteries and the operation of voluntary electronic number lottery businesses as stipulated in this Circular and related legal documents.

2. Issue decisions to establish the Lottery Supervisory Board and approve the operational rules and remuneration system for members of the Lottery Supervisory Board.

3. Perform other tasks as prescribed in this Circular and related laws.

Article 38. Responsibilities of the People's Committee of provinces and centrally governed cities

1. Coordinate with the Ministry of Finance in inspection, examination, and supervision of the voluntary electronic number lottery business operations of electronic lottery companies in their respective localities.

2. Direct state-owned limited liability lottery construction companies to cooperate and provide conditions for electronic lottery companies to issue and distribute voluntary electronic number lottery tickets in the provincial or municipal areas where such lottery construction companies operate.

Article 39. Responsibilities of electronic lottery companies

1. Enact relevant management procedures and regulations, and organize the management and operation of the voluntary electronic number lottery system as stipulated in this Circular.

2. Organize the issuance of various types of voluntary electronic number lotteries in accordance with the provisions of this Circular.

3. Fully comply with and be responsible under the law for implementing the provisions of this Circular and other relevant laws concerning the operation of voluntary electronic number lotteries.

4. Fulfill tax obligations to the State in accordance with the law.

Chapter VIII

IMPLEMENTING PROVISIONS

Article 40. Provisions on Implementation

1. This Circular takes effect from December 1, 2013.

2. During the implementation process, if there are difficulties or obstacles, organizations and individuals should promptly report them to the Ministry of Finance for consideration and resolution./.