People's Republic of China promulgated by Decree No. 554
The lottery Management Ordinance on April 22, 2009 adopted by the 58th Executive meeting of the State Council, are hereby promulgated and take effect on July 1, 2009.
Prime Minister Wen Jiabao
The May 4, 2009
Lottery regulations
Chapter I General provisions
First in order to strengthen the management of lottery, regulate the lottery market, maintain the lottery market order, protect the legitimate rights and interests of lottery players, promote the development of social welfare, this Ordinance is enacted.
Second Lottery mentioned in these regulations refers to countries to raise funds for social welfare, promote the development of social welfare and the licence issued, according to sales, voluntary purchase of natural persons, and chances of voucher in accordance with specific rules.
Lottery no return of principal, regardless of the interest paid. Third Charter issued by the State Council of lottery, sports lottery. Without concessions, prohibited other lottery.
Prohibition of People's Republic of China issue, sales of overseas lottery tickets.
Fourth lottery distribution, sales and lottery, should follow the principle of openness, fairness, impartiality and good faith. Fifth financial departments of the State Council is responsible for supervision and administration of the national lottery.
State departments of Civil Affairs and sport administrative departments in accordance with their respective responsibilities are responsible for the country's welfare lottery, sports lottery administration. The provinces, autonomous regions and municipalities responsible for the administration of the financial sector supervision and administration of the lottery.
People's Governments of provinces, autonomous regions and municipalities directly under the home sector, sports authorities, according to their respective duties, respectively responsible for the administration of the welfare lottery, sports lottery administration.
People's Governments at or above the county level public security organs and the Administration for industry and Commerce above the county level, in the context of their respective responsibilities, to investigate and punish illegal lotteries, maintains order in the lottery market.
Chapter II administration of lottery distribution and sales
Sixth State Council departments of Civil Affairs, sports authorities to perform to set up welfare Lottery issuing agencies, sports lottery issuer (hereinafter referred to as the lottery issuing agencies) were responsible for the national lottery, sports lottery sales and organization.
People's Governments of provinces, autonomous regions and municipalities directly under the home sector, sports Administrative Department shall be a welfare Lottery sales agencies, sports lottery sales organizations (hereinafter referred to as Lottery sales) were responsible for the administration of the welfare lottery, sports lottery sales.
Article seventh Lottery issuer application for opening, stop welfare lottery, sports lottery specific variety (hereinafter referred to as the lottery) or apply to change Lottery approval shall be in accordance with the procedures laid down in this Ordinance approval of the financial Department of the State Council.
Sound development of financial departments of the State Council shall, in accordance with lottery market needs, based on reasonable planning, lotteries and lottery structure, the principle of strict risk control lottery, the lottery issue on the application for review.
Article eighth open Lottery Lottery application for variety, civil affairs departments or sports Administrative Department under the State Council shall be approved by the State Council approval, to the financial Department of the State Council submit the following application materials:
(A) the application;
(B) the rules of lottery varieties;
(C) the distribution, distribution ranges;
(D) market analysis and technical feasibility analysis report;
(E) the lottery, lottery procedures;
(Vi) risk control programs.
Financial Department of the State Council shall, within 90 days from the date of acceptance of the application, by opening Lottery expert review, hearings and other means to listen to public opinion, to review the application and make a decision in writing. Nineth Lottery issuers apply to change Lottery rules, issuing, distribution, such as examination and approval matters, civil affairs departments or sports Administrative Department under the State Council shall be approved by the State Council approval, and submit application to the financial Department of the State Council and changes related to the material.
Financial Department of the State Council shall, from the date of acceptance of the application within 45 business days, to review the application and make a decision in writing. Tenth request stop Lottery Lottery authority, civil affairs departments or sports Administrative Department under the State Council shall be approved by the State Council approval, apply in writing to the financial Department of the State Council and submitted to and stop Lottery-related material.
Financial Department of the State Council shall, within 10 working days from the date of acceptance of the application, to review the application and make a decision in writing.
Open, stopped 11th approved Lottery Lottery approval or changes, lottery agencies should be set up, change, stop, 10 natural days, message will be announced to the public.
12th due to maintenance needs of public interest, in case of emergency, financial departments of the State Council may take the necessary measures, decided to change Lottery approval or stop the lottery.
13th Lottery issuers, Lottery sales institutions shall, in accordance with provisions of laws and administrative regulations on government procurement, purchase lottery equipment and services that match the criteria.
Lottery equipment and services standards by the financial Department of the State Council in conjunction with the civil affairs departments, sports and standardization of Administrative Department in accordance with the relevant national laws, administrative rules and regulations.
14th Lottery issuers, lottery selling agencies shall establish a risk management system and report suspicious funds system, protection, sale of lottery security.
Lottery, lottery ticket sales bodies responsible for Lottery sales system of data management, lottery cash management and collection management of Lottery funds, shall not delegate management. 15th Lottery issuers, Lottery sales organizations can delegate units, individual Lottery sales agent. Lottery, lottery ticket sales agencies and signed Lottery contracts to sell the tickets to sell, by authorization.
Consignment contract demonstration text of the welfare lottery, sports lottery from State Council departments of Civil Affairs, sports administrative departments.
Shall not authorize any other person to sell the lottery to sell lottery tickets. 16th Lottery sales should be configured for the lottery those who sell Lottery equipment.
Lottery equipment belongs to all Lottery sales, lotteries to sell may not lend, lease, sell. 17th Lottery sales should be under guidance of the lottery, Lottery sales and manpower planning the layout of the place.
Lottery ticket sales sites should be in accordance with uniform requirements for Lottery issuers, sets the lottery logo, posted warning signs.
Article 18th lottery, Lottery sales agency, lottery dealers are not in any of the following acts:
(A) make false, misleading publicity;
(B) to discredit the industry by means of unfair competition;
(C) the sale of lottery tickets to minors;
(D) credit, or credit sells lottery tickets.
19th must destroy the lottery, lottery agencies reported to financial departments of the State Council for approval, departments of civil affairs at the State Department or destroyed under the supervision of the sports Administrative Department under the State Council.
Article 20th lottery, lottery ticket sales bodies should timely lottery issuance, sales of full disclosure to the public, subject to public supervision.
Chapter three Lottery and cash management
Article 21st Lottery issuers, lottery ticket sales Lottery approved by the institutions shall, in accordance with the rules and practice for Lottery lottery.
Civil affairs departments of the State Council, sports administration and the Governments of provinces, autonomous regions and municipalities directly under the Department of Civil Affairs, sport administrative departments should strengthen supervision over Lottery activities, make the lottery open and fair. 22nd Lottery issuers, lottery selling agencies shall ensure that Lottery sales data integrity, accuracy and security.
Lottery sales in the current period data storage back to Lottery activities before the end of may not read, change, or remove the data.
Article 23rd Lottery issuers, Lottery sales organization should strengthen the management of equipment outside, ensure normal operation of lottery equipment, and configure the alternative Lottery device.
Article 24th Lottery issuers, Lottery sales office shall after the end of each phase of ticket sales, and announced to the public in a timely manner the current lottery results and Lottery sales. 25th Lottery winners should be 60 calendar days from the date of the lottery, winning tickets to a designated location contest, lottery rules need to show ID, should also show identification.
Fails to contest the deemed abandoned.
Prohibiting the use of forged or altered lottery cash.
26th article lottery, Lottery sales agency, shall, in accordance with the lottery to sell Lottery rules and contest rules contest.
Lottery jackpot prize shall be in the form of cash or cashier's check of disposable cash.
Not the lottery to minors.
27th article lottery, lottery ticket sales agencies, lottery dealers, as well as other functions or operations personnel aware of lottery winners personal information, lottery winners should personal information be kept confidential.
Chapter fourth lottery funds management 28th Lottery funds include lottery prizes, lottery and lottery payments.
Proportion of Lottery funds decided by the State Council.
Lottery Lottery funding in a variety of specific composition ratio determined by the financial Department of the State Council in accordance with the decisions of the State Council.
With the expansion of the lottery and lottery tickets increases, can reduce the proportion of lottery distribution fee.
Article 29th Lottery issuers, Lottery sales offices should be opened in accordance with the provisions of the financial Department of the State Council Lottery funds account for accounting for Lottery funding.
30th financial departments of the State Council and provinces, autonomous regions and municipalities directly under the financial Department of the people's Government of lottery issuance, marketing and financial management information system should be established, to grasp the Lottery sales and cash flow. 31st the lottery winnings to pay Lottery winners.
Lottery bonus ceiling decided by the financial departments of the State Lottery, according to market developments.
Awarding overdue bonuses, included in the lottery.
Article 32nd Lottery distribution fee earmarked Lottery Agency, Lottery sales agency operational costs as well as sell Lottery sales expenses.
Lottery Agency, Lottery sales offices operating expenses for two lines of income and expenditure management, whose expenses shall conform to the lottery, Lottery sales agency financial management systems.
Article 33rd special social welfare lottery, sports and other social undertakings, and not used to balance the fiscal budget.
Lottery in accordance with Government funds management approaches into the budget, the implementation of two lines of income and expenditure management.
Article 34th Lottery issuers, Lottery sales institutions shall in accordance with the provisions of the financial Department of the State Council, promptly turned to the lottery and the Lottery's operating costs, and may not be withheld or diverted to any other use.
Financial departments should promptly appropriated Lottery issuers, Lottery sales agency operating expenses.
Article 35th of lottery distribution policy by the financial Department of the State Council in conjunction with the home, sports administration and other departments concerned, a proposal the State Council for approval before implementation.
Article 36th lottery, lottery management, and use of, it shall accept supervision by the financial sector, auditing authorities and the public.
Lottery management, and use of, annually to society announcements the chest should be used.
37th state financial departments and provinces, autonomous regions and municipalities Finance Department shall report annually to the people's Governments at the corresponding level last year of lottery raising, distribution, and use of, and announced to the public.
The fifth chapter legal liability
38th in violation of the provisions of this Ordinance, issuing, selling lottery tickets, or in the People's Republic of China issue, sales of overseas lottery tickets constitutes a crime, criminal responsibility shall be investigated according to law; do not constitute a crime, by the public security organs shall be subject to administrative penalties for public security; has illegally obtained, confiscation of illicit proceeds.
39th, lottery, lottery ticket sales agencies with one of the following acts, ordered closed by the financial sector; has illegally obtained, confiscation of illegal gains, and 3 times the illegal proceeds of fines directly responsible in charge and other direct liable persons shall be given disciplinary action constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) unauthorized opening, stop the lottery lottery or unauthorized changes and approval;
(B) not according to approved rules of lottery varieties, distribution, distribution ranges, operating rules distribution, sales of lottery tickets or lottery Lottery Lottery lottery;
(C) data management, lottery Lottery Lottery sales system management or collection management entrusted management of the Lottery funds;
(D) violation of regulations, consult, change, delete, Lottery sales data;
(E) to credit or credit sales of lottery tickets;
(Vi) unauthorized destruction of lottery;
(VII) the withholding or diversion of Lottery funds.
40th, lottery, lottery ticket sales agencies with one of the following acts, by the financial departments shall order rectification has illegally obtained, confiscation of illegal income; directly responsible in charge and other direct liable persons shall be given sanctions:
(A) the procurement does not meet the standards of lottery equipment or technical service;
(B) make false, misleading publicity;
(C) to discredit the industry by means of unfair competition;
(D) the sale of lottery tickets to minors;
(E) disclose Lottery Winners of personal information;
(F) fails to cash bonuses were not included in the lottery;
(VII) not required pay lottery, lottery in the operating costs.
41st lottery to sell any one of the following acts, civil administration departments, sports Administrative Department ordered corrective action and less than 2000 Yuan and 10,000 yuan fine has illegally obtained, confiscation illegal obtained:
(A) entrust others to sell lottery tickets or lend, rent, sale of lottery equipment;
(B) make false, misleading publicity;
(C) to discredit the industry by means of unfair competition;
(D) the sale of lottery tickets to minors;
(E) to credit or credit sales of lottery tickets.
Lottery was punishment for those who sell the previous paragraph, lottery, lottery ticket sales agencies the right to terminate the lottery vendor contracts.
42nd forged or altered lottery or the use of forged or altered lottery cash, shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.
Article 43rd Lottery management, use violates Lottery management, terms of use, by rectification of the financial sector; has illegally obtained, confiscation of illegal income; do not make the corrections within the time stipulated, confiscation of assets that have been formed using lottery, cancels its Lottery eligibility to use.
44th article in accordance with the provisions of this Ordinance the lottery management responsibilities of the financial sector, civil administration, sports administration staff, lottery abuse their powers, neglect their duties, engage in regulatory activity, constitute a crime, criminal responsibility shall be investigated according to law; does not constitute a crime, he shall be subject to punishment.
The sixth chapter supplementary articles 45th article of the regulations come into force on July 1, 2009.
