Decree No. 78/2012/ND-CP Amending and Supplementing Certain Provisions of Decree No. 30/2007/ND-CP dated March 1, 2007 of the Government on Lottery Business

DECREE

Amending and supplementing certain Articles of Decree No. 30/2007/NĐ-CP

dated March 1, 2007 of the Government on lottery business

________________________

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

At the proposal of the Minister of Finance,

The Government promulgates this Decree to amend and supplement certain Articles of Decree No. 30/2007/NĐ-CP dated March 1, 2007 of the Government on lottery business.

Article 1. Amending and supplementing certain Articles of Decree No. 30/2007/NĐ-CP dated March 1, 2007 of the Government on lottery business

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

"Article 3. Principles of lottery business

1. Lottery business is a conditional business sector subject to strict supervision by competent state agencies to ensure that it meets the entertainment needs of a portion of the population with legitimate income and ensures public security, social order, and social safety. Only enterprises that have been granted a certificate of eligibility for lottery business by competent state agencies are permitted to organize and conduct lottery business activities."

2. Supplement Clause 5 of Article 4 as follows:

"Article 4. Responsibilities of lottery business enterprises

5. Proactively coordinate with management agencies on the local area to promote and disseminate information and advise participants in lottery draws to control their level of participation in lottery draws."

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

"Article 6. Prohibited acts

8. Providing pre-determined information about lottery results.

9. Exploiting promotional activities with elements of chance to illegally engage in lottery business with the aim of profiting through customer payments.

10. Other prohibited acts as prescribed by law."

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

"Article 7. Types and products of lottery

2. Self-selected number lottery (manual, computerized).

5. The Ministry of Finance shall specify the list of specific products for each type of lottery according to Article 7 of Decree No. 30/2007/NĐ-CP during each period to ensure the State's management objectives."

5. Supplement Clause 3 of Article 11 as follows:

"Article 11. Distribution of lottery tickets

3. The quantity of tickets issued in each issuance period is determined specifically by the lottery business enterprise but must not exceed the maximum quantity or value of tickets issued or must ensure the minimum average consumption rate of tickets in each period as specified by the Ministry of Finance."

6. Supplement Point c of Clause 2 of Article 12 as follows:

"Article 12. Lottery agents

c) Employees working at lottery business enterprises; spouses, parents, foster parents, children, foster children, siblings, foster siblings of the Chairman, General Director, Director, Deputy General Director, Deputy Director, Chief Accountant, and heads and deputies of business departments of lottery business enterprises are not allowed to be lottery agents."

7. Supplement Clause 4 of Article 15 as follows:

"Article 15. Organization for determining winning results

4. The time for drawing and announcing lottery results is decided by the lottery business enterprise but must not be later than the time frame for drawing and announcing lottery results as prescribed by the Ministry of Finance for each region."

8. Amending Clause 2 of Article 16 as follows:

"Article 16. Implementation of prize payouts

2. The maximum deadline for prize payouts by enterprises to customers is 60 days from the date of determining the winning results or from the expiration date of the lottery ticket. Beyond this deadline, winning tickets will no longer be valid for claiming prizes. Based on the maximum deadline for prize payouts mentioned above, the Ministry of Finance shall specify the specific deadlines for prize payouts for each type and product of lottery."

9. Supplementing Clause 3, Clause 4, Clause 5 of Article 23 as follows:

"Article 23. Lottery business enterprises

3. The operational model and organizational structure of lottery business enterprises shall be applied according to the Chairman-Company, General Director (Director) and Supervisors model or the Chairman-Company兼任总经理（董事）和监事的模式。

4. The conditions and standards for the Chairman, General Director (Director), and Supervisors of lottery business enterprises shall be implemented in accordance with the provisions of the Enterprise Law and other relevant regulatory documents.

5. Lottery business enterprises currently operating under the Board of Directors model shall continue to operate until the end of their term. The application of the operational model and organizational structure of enterprises in the next term shall be carried out in accordance with the provisions of this Decree."

10. Amending Clause 2, supplementing Clause 3 of Article 30 as follows:

"Article 30. Handling violations

2. Violations, forms of administrative penalties, penalty amounts, and the authority to impose administrative penalties for lottery business operations shall be implemented in accordance with current laws on administrative penalties for lottery business operations.

3. Forms of penalties and penalty amounts for violations stipulated in Point 8, Clause 3 of this Decree shall be implemented in accordance with current laws on violations concerning the use of lottery results and winning information."

Article 2. Effective Date

This Decree takes effect from December 1, 2012.

Article 3. Implementation Organization

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

2. Ministers, Heads of ministerial-level agencies, Heads of government-affiliated agencies, Chairpersons of provincial People's Committees directly under the central government shall be responsible for enforcing this Decree./.