Implementing Rules For The Regulations On Lottery Management

Original Language Title: 彩票管理条例实施细则

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201209/20120900371816.shtml

Implementing rules for the regulations on lottery management

    (Released January 18, 2012, Ministry of finance, the Ministry of Civil Affairs and the State Sport General Administration the 67th since March 1, 2012) Chapter I General provisions

    First under the Lotteries regulations (hereinafter regulations), these rules are formulated.

    Specific rules referred to in article II of the Ordinance refers to lottery game rules approved by the Treasury.

    Certificate referred to in article II of the Ordinance refers to specialized credentials prove Lottery sales and customer relations was founded, shall record lottery game names, quantities and amounts, numbers, symbols, or designs, lottery and contest information.

    Article III Ministry of finance is responsible for the supervision and administration of the national lottery, which is:

    (A) the development of lottery supervision and management institutions and policies;

    (B) the supervision and administration of national lotteries and lottery distribution and sales activities, supervision of Lottery funding remit and use;

    (C) in conjunction with the Ministry of Civil Affairs, the General Administration of sport lottery ticket distribution policy recommendations to the relevant Department;

    (D) approval of lottery varieties open, stop, and matters relating to approval of the change;

    (E) in conjunction with the Ministry of Civil Affairs, the General Administration of sport development of lottery equipment and services standards;

    (F) approval Lottery agency financial plans, monitor Lottery agency financial management activities;

    (G) programmes for destruction track tickets in the lottery.

    Fourth Ministry of Civil Affairs, the General Administration of sport in accordance with their respective functions and are responsible for the country's welfare lottery, sports lottery administration main responsibilities are:

    (A) establish a national welfare lottery, sports lottery business development planning and management system;

    (B) the establishment of the welfare lottery, sports lottery issuer;

    (C) development of Administrative Department of civil affairs departments, sports lottery management approach has been used to guide local departments of Civil Affairs, sport administrative departments the use and management of the lottery;

    (D) the audit lottery, sports lottery open, stop, and matters relating to approval of change;

    (E) supervision of welfare lottery, sports lottery issuer Lottery destruction;

    (Vi) development of welfare lottery, sports lottery vendor contract demonstration text.

    Article fifth provincial financial departments are responsible for the administrative supervision and administration of the lottery, which is:

    (A) the lottery supervision and management of the specific measures for the implementation of their respective administrative areas, review the administration of the Lottery sales programme

    (B) the administrative areas of supervision and management of the lottery and Lottery sales activities, supervising the administrative remit of Lottery funds and use;

    (C) in conjunction with the provincial Department of Civil Affairs, sports lottery Administration for setting boundaries management approach;

    (D) approval Lottery agency financial plans, monitoring ticket sales agency financial management activities.

    Sixth provincial civil affairs departments, sports authorities, according to their respective duties, respectively responsible for the administration of the welfare lottery, sports lottery administration main responsibilities are:

    (A) the establishment of the administrative welfare lottery, sports lottery sales organization;

    (B) approved the establishment of the administrative welfare lottery, sports lottery sales network;

    (C) the respective administrative departments of Civil Affairs, sports lottery administrative departments using a management approach, guide below the provincial Department of Civil Affairs, use and management of sports lottery administrative departments;

    (D) to oversee the lottery dealers who sell their own administrative areas.

    Seventh section fifth alleged illegal lottery, refers to the alleged breach of the Ordinance in any way of issuing, selling lottery tickets in the following form:

    (A) without a licence, and without issue, other than sales of welfare lottery, sports lottery tickets;

    (B) in the People's Republic of China territory, issuing, sales of overseas lottery tickets;

    (C) without the approval of the Ministry, without authorization, release, sales of the welfare lottery, sports lottery and lottery games;

    (D) without the lottery, lottery ticket sales agencies entrusted, unauthorized sales of the welfare lottery, sports lottery.

    Financial departments at or above the county level, civil administration, sports administration, and lottery, lottery ticket sales bodies, shall cooperate with the public security authorities and industrial and commercial administration authorities to investigate and punish illegal lotteries, maintains order in the lottery market.

    Chapter II administration of lottery distribution and sales

    Article eighth welfare Lottery issuing agencies, sports lottery issuer, in accordance with the principle of unified distribution, unified management and unified standards, responsible respectively for the national lottery, sports lottery sales and organization of work, main duties are:

    (A) development of national welfare lottery, sports lottery sales development planning, management systems, specifications and technical standards;

    (B) establish a national welfare lottery, sports lottery distribution systems, market regulation mechanisms, incentive and restraint mechanisms and regulatory mechanisms;

    (C) Organization of lottery varieties and development, opening, stop or change Lottery Lottery varieties and approval, approval to organize its implementation;

    (Iv) is responsible for the Organization and management of the national welfare lottery, sports lottery sales data, Fund collection and settlement system, equipment and technical service, sales channel and site planning, production and logistics, lottery lottery, lottery destruction;

    (E) is responsible for the Organization and management of the national lottery, sports lottery image construction, Lottery Commission, marketing campaigns, business training, team building and other work.

    Nineth welfare lottery ticket sales agencies, sports lottery sales agencies, welfare Lottery issuing agencies, under unified organization of the issuance of the sports lottery, respectively responsible for the administration of the welfare lottery, sports lottery sales, main functions are:

    (A) the respective administrative areas of lottery, sports lottery sales management practices and regulations;

    (B) to the lottery issuing agencies stop lottery or modification of lottery varieties and approval of recommendations;

    (C) the administrative area of the lottery scheme to the Finance Department at the same level, the audited organizations after implementation;

    (D) responsible for the administration of welfare lottery, sports lottery sales system construction, operation and maintenance;

    (E) is responsible for the implementation of the administrative welfare lottery, sports lottery sales system data management, collection of funds settlement, sales channels and facilities planning, logistics management, lottery contest;

    (Vi) is responsible for organizing the implementation of the administrative welfare lottery, sports lottery's image construction, Lottery Commission, marketing campaigns, business training, team building and other work.

    Article tenth of all provinces, autonomous regions and municipalities directly under the welfare lottery, sports lottery sales network from welfare Lottery sales, sports lottery sales agency programmes, respectively established after the approval of the provincial Department of Civil Affairs, and sports administration.

    Lottery varieties referred to in article 11th section seventh, means any mechanism and divided the lottery lottery game types, including Lotto-type, numeric, quiz, traditional, instant, video type, Keno, and so on.

    Referred to in section seventh open, refers to the sale of lottery tickets in addition to adding new varieties.

    Referred to in section seventh change refers to the sale of lottery tickets, lottery game rules, adjusting distribution, distribution and other matters.

    12th open Lottery Lottery application, or apply to change Lottery approval items involved major adjustments to the technical solution, shall entrust a professional inspection institutions to conduct technical tests.

    13th offering lottery for Lottery body for review, in accordance with the following procedure:

    (A) the lottery issuing institutions would open a lottery application materials to be reported the Ministry of civil affairs or the Director of audit;

    (B) after the Ministry of Civil Affairs and the State Sports General Administration approval, lottery agencies submit the application materials to the Treasury;

    (C) the Treasury within 10 working days from the date of receipt of the application materials, an initial review of application materials, and issued to accept or not to accept written submissions;

    (D) after the acceptance of the application, the Ministry passed expert review, hearings and listened to public opinion;

    (V) Treasury within 90 working days from the day of acceptance of the application, according to the regulations, if the lottery management system as well as the written decision to the community.

    14th Lottery application for change of lottery varieties and approval shall submit the following application materials to the Treasury:

    (A) the application;

    (B) intends to change Lottery varieties and approval of specific contents, including the issuance of lottery game rules, ways, distribution ranges, such as the specific adjustment programme;

    (C) market analysis reports on approval of changes to Lottery variety;

    (D) other material required by the Ministry.

    15th on lottery issuing institutions to apply for change of lottery varieties and approval review, in accordance with the following procedure:

    (A) intends to change Lottery Lottery agencies approval application the Ministry of civil affairs or the Director of audit;

    (B) after the Ministry of Civil Affairs and the State Sports General Administration approval, lottery agencies submit the application materials to the Treasury;

    (C) the Treasury within 10 working days from the date of receipt of the application materials, an initial review of application materials, and issued to accept or not to accept written submissions;

    (D) Ministry of finance from the date of acceptance of the application within 45 business days, according to the regulations, if the lottery management system to provide a written decision.

    16th applications for stop Lottery lottery or lottery games should be submitted to the Treasury intends to stop the lottery or lottery games since going public sales, prize pool and regulation fund balances, stop reasons for sale and other related materials.

    Article 17th applications for stop Lottery lottery or lottery game review, in accordance with the following procedure:

    (A) the lottery Agency intends to stop the lottery or lottery game application materials review reported to the Ministry of Civil Affairs and the State Sport General Administration;

    (B) after the Ministry of Civil Affairs and the State Sports General Administration approval, lottery agencies submit the application materials to the Treasury;
(C) from the date of receipt of the application materials of the Ministry within 5 working days, a preliminary review of application materials, and issued to accept or not to accept written submissions;

    (D) the Treasury within 10 working days from the day of acceptance of the application, according to the regulations, if the lottery management system to provide a written decision.

    18th Lottery sales agencies within their respective administrative areas need to stop the lottery or lottery lottery games, change approval, after comments by the provincial financial department may apply to the lottery issuing agencies to submit written proposals.

    19th approved setting up the lottery Lottery approval or changes, lottery, lottery ticket sales agencies should develop a solution selling, financial departments at the examination and approval of organizations listed for sale.

    20th prize lottery, Lottery sales agencies activities, responsible for the management of lottery games prize pool Lottery agencies or ticket sales agencies to apply to the financial sector, implement after approval.

    21st referred to in section 13th Lottery equipment and technical services, according to Lottery sales professional Lottery market, market characteristics and development needs, are divided into special Lottery equipment and technical services and General Lottery equipment and technical services.

    Dedicated Lottery equipment and technology services include: equipment for Lottery, lottery equipment and services, Lottery sales information technology systems development, integration, testing, operation and maintenance of the lottery ticket printing, warehousing and transportation, lottery marketing and advertising, as well as Lottery technology and management consulting.

    Common Lottery equipment and technical services including: computers, network equipment, printers, copiers and other general hardware products, database systems, software tools and business software products, as well as construction. 22nd Lottery issuers, Lottery sales agency purchase of lottery equipment and technical services, in accordance with the Government Procurement Act and related regulations, to open tender as the main procurement methods.

    Approved by the financial sector, lottery issuers, Lottery sales organizations buy private Lottery equipment and technical service, you can invite single source tendering, competitive negotiations, purchasing, quotation or another procurement identified by government procurement supervision and Management Department under the State Council.

    Article 23rd Lottery dealers should meet the following conditions:

    (A) at least 18 years of age and have full civil capacity of individuals or units with independent legal personality;

    (B) funds in conformity with ticket distribution business;

    (C) meeting the needs of ticket sales sites;

    (D) within the past five years has no record of criminal penalties and bad credit record;

    (E) the lottery, lottery ticket sales agencies under other conditions.

    Article 24th Lottery institutions, the draft lottery to sell the Lottery sales to the community and set a ticket sales site should be guided by the following principles:

    (A) the overall planning, rational distribution;

    (B) open and fair, standardized transparent;

    (C) preferred choice, taking into account the public interest. 25th lottery, Lottery sales institutions shall, according to the Ministry of Civil Affairs, established by the State General Administration of sport Lottery dealers contract demonstration text, signed with the lottery those who sell lottery tickets sales agency contract.

    Lottery vendor contract shall include the following:

    (A) the consignor and the consignee's name or the name, address and name of the legal representative;

    (B) the time, place, time and effective entry into force of contract term;

    (C) the rights and obligations of the consignor and the consignee;

    (D) the lottery places the establishment, transfer, sales, revoked;

    (E) provide Lottery equipment and management;

    (F) settlement of Lottery funds, as well as the sales fee, deposit or margin management;

    (G) the sale of lottery tickets and lottery agreed not to minors;

    (VIII) supervision and liability for breach;

    (IX) other contents.

    Consignor and consignee shall comply with the laws, rules and regulations on lottery management policies, strictly fulfill the lottery vendor contracts. Article 26th Lottery vendor contracts, lottery issuers, Lottery sales should be issued to the lottery to sell tickets and sell the card.

    Lottery tickets sell certificates, sell the card format of sports lottery from welfare Lottery issuing institutions, the issuance of the sports lottery agencies.

    Lottery to sell the card should be placed on the ticket sales sites, prominently.

    Lottery syndrome is a lottery sales agent to sell lottery tickets to sell legitimate qualifications shall not lend, rent, sale.

    27th lottery to sell the certificates shall record the following:

    (A) the lottery to sell ID card number;

    (B) the lottery those who sell names or name and address and name of the legal representative;

    (C) the Lottery sales establishment address;

    (D) lottery to sell the certificate validity period;

    (E) the lottery agency matters.

    28th Lottery issuers, Lottery sales institutions shall only professional training for personnel involved in the ticket distribution business.

    Article 29th paper instant lottery spoiled ballots, votes should be destroyed on a regular basis.

    Destroy the lottery should be used crushing, refining, and so on.

    Article 30th Lottery body for destroying paper spoiled ballots, the tail of the instant lottery tickets, you should apply in writing and submitted to the Treasury intends to destroy the lottery name, denomination, quantity, amount, and the destruction of time, place, manner and other materials.

    Ministry of Finance shall within 10 working days from the date of acceptance of the application, to review the application and make a decision in writing.

    Lottery issuing agency shall be the Ministry of finance to provide a written decision within 30 working days from the date respectively, the Ministry of Civil Affairs, their destruction under the supervision of the State General Administration of sport lottery, and was destroyed within 20 working days after the Ministry of finance submitted to the destruction reports.

    31st article lottery, Lottery sales agency, lottery dealers are difficult to judge the lottery buyers or whether the contest for minor cases, may require the lottery to purchase or redemption produced valid identification to prove their age. Article 32nd Lottery closed market system. Closed, stop the lottery, Lottery sales and cash.

    The rest of lottery varieties and announced to the public by the Ministry at a specific time.

    33rd lottery, lottery ticket sales agencies should be before May 31 in each year, announced to the public on the annual Lottery sales, the jackpot amount, prize pool balance and fund balances and so on.

    Chapter three Lottery and cash management

    Article 34th Lottery issuers, Lottery sales should be announced to the public lottery game Lotto, lottery, lottery sites.

    Lottery activities referred to in article 35th section 22nd over, refers to all the lottery numbers lottery games shake out or all lottery results.

    Lottery numbers were determined by special Lottery equipment should be sealed when Lottery sales by lottery sales in the current period to the original data through electronic Lottery equipment or lottery numbers according to the sporting events, should hold Lottery sales data on a regular basis.

    Lottery sales data retention period, not less than 60 months from the date of sealing.

    36th Civil Affairs, the State Sports General Administration and the provincial Department of Civil Affairs, sport administrative departments should develop welfare lottery, sports lottery Lottery oversight management approach to strengthen oversight of the lottery activity.

    37th Lottery issuers, the acquisition of lottery bodies should be harmonized, direct management of lottery equipment.

    Lottery, lottery ticket sales agencies Lottery equipment may not be lent, leased or sold. Article 38th lottery, lottery ticket sales agencies use private Lottery equipment electronic Lottery equipment or the lottery, before starting the lottery, the lottery equipment should be tested.

    After entering the official lottery program Lottery devices, may not pause or stop. Lottery interruption due to failure of equipment, facilities and other, shake out the number is valid.

    Not shake out the remaining number should be excluded as soon as possible after a failure continues to shake out; failure of equipment, facilities layout, such as credit, Kai month Lottery set works, facilities continue the lottery. Lottery activities after the lottery Agency, Lottery sales staff in charge of the lottery lottery results should be signed.

    Signature file retention period shall not be less than 60 months.

    39th Lottery lottery games based on sports results, sports results found by the lottery agency or ticket sales agencies based on lottery game is confirmed, as the lottery results.

    Ahead of sporting events for a variety of reasons, delay, interruption, cancellation or is determined to be invalid date, the lottery and lottery game rules for redemption in accordance with an approved implementation.

    40th is not in accordance with lottery game rules and lottery lottery results and Lottery activities of the operation is not valid.

    Of cannot be Lottery due to natural disasters and other force majeure events shall be announced to the public in a timely manner any extended Lottery; the lottery was interrupted, have issued a number of effective, shall be announced to the public in a timely manner after delays out of the remaining number.

    41st lottery, lottery ticket sales agencies should be timely, accurate, fully to society announcements when Lottery sales and lottery, bulletin includes:

    (A) name of lottery games, lottery, date or period;

    (B) the amount of lottery sales in the current period;

    (C) the lottery lottery results for the current period;

    (D) prize pool fund balance;

    (E) the redemption period.

    42nd Lottery after the sale the following conditions, no contest:

    (A) the lottery because of damaged, defiled or other reasons cannot be correctly identified;

    (B) the paper tear instant lottery contest zone covering scratch open, cash-free symbols, security areas, nudity and other issues.
No lottery ticket if it is printing, transportation, storage, sale causes, lottery, lottery ticket sales agencies should be recovered and will refund their purchase of the lottery Lottery buyers paid money or replace the same amount of lottery tickets.

    Article 43rd Lottery winners from the lottery 60 calendar days from the date of redemption.

    Last day for national annual leaves and Memorial Day holiday rules stipulate that all citizens have a holiday holiday markets are closed or lottery, be extended to all citizens of holiday after the holidays or rest after the end of the first working day of the lottery market.

    44th lottery prizes shall not be other currencies other than the Renminbi payment shall not be paid in kind, not stage many times honour.

    Article 45th lottery, Lottery sales agency, lottery dealers and their staff shall not be against Lottery winners, I will, for any reason and the way lottery winner donated win bonuses.

    Chapter fourth lottery funds management

    46th Lottery funds referred to in article 28th of the Ordinance refers to Lottery sales made after implementation of the funds, including lottery prizes, lottery, lottery.

    Regulations referred to in article 28th of Lottery funds, refers to the lottery, lottery, lottery public welfare fund as a percentage of Lottery funding.

    28th article of the rules mentioned in specific proportion of Lottery funding, is in the lottery provided for by the rules of the game, according to lottery ticket sales lottery prizes, lottery, lottery specific proportions.

    47th Lottery issuers, Lottery sales institutions shall set up special Lottery funds account, including Lottery Fund collection and settlement account, deposit or margin accounts of lottery equipment.

    48th lottery prizes shall be paid in accordance with lottery game rules to Lottery winners.

    Lottery game notes bonus ceiling, the Ministry of Finance according to market developments in Lottery Lottery provided for in the rules of the game. 49th Lottery issuers, Lottery sales organizations shall, in accordance with lottery game rules set the prize pool and the adjustment fund.

    Prize pool and regulation of funds shall be accounted for separately and used in accordance with lottery game rules. Lottery, lottery ticket sales agencies should set General Fund.

    Lottery games are approved after stopping sales of the prize pool and Regulation Fund balance, into the General Fund.

    After approval by the financial departments of 50th article, lottery issuers lottery games, lottery ticket sales agencies award funds to activities, or can be adjusted from the lottery game's Fund spending in the General Fund.

    Prize pool funds, operating expenses shall not be used to carry out activities.

    51st operations referred to in section 32nd refers to Lottery Agency, Lottery sales in accordance with the percentage extracted from the Lottery sales, special provision for Lottery sales activities.

    52nd lottery, Lottery sales agency service fee percentage, by the lottery Agency, Lottery sales organization under the lottery market development needs programme, similar civil affairs departments or sports administration after approval by the financial sector, service provider implementation.

    53rd Lottery issuers, Lottery sales agency business issued by the lottery Agency, Lottery sales by month over to the Central Government accounts and financial accounts, carrying out two lines of income and expenditure management.

    Lottery sales costs for those who sell, by lottery, Lottery sales agency and lottery tickets to sell in accordance with lottery vendor contracts are settled.

    54th Lottery issuer shall, according to the lottery, lottery ticket sales agencies market development and sale of business needs, the preparation of annual financial plans, financial departments at the same level for approval before implementation.

    Of finance and provincial finance departments shall, in accordance with the relevant provisions of the State approved the lottery Agency of the annual financial revenue and expenditure plan, Lottery sales, and according to their business needs and operating expenses to pay timely disbursement of funds.

    Does not allocate operating expenses of the lottery, lottery ticket sales agencies, used to compensate for the lottery, lottery ticket sales bodies of balance of payments, may not be used to balance the fiscal budget or other spending.

    55th Lottery sales agency operating expenses to implement centralized management at the provincial level, welfare Lottery sales, sales of sports lottery in accordance with provincial financial departments to review and approve the annual financial revenue and expenditure plan, respectively, coordinating arrangements for the administrative area welfare lottery, sports lottery sales.

    56th Lottery issuers, Lottery sales should be extracted in operating expenses sales risk of Lottery funds, lottery cash working capital. Lottery sales fund earmarked lottery or lottery sales losses and expenses caused by a force majeure event.

    Special lottery cash working capital turnover expenditure for Lottery Winners cash bonuses.

    57th lottery in accordance with Government funds management approaches into the budget, the two lines of income and expenditure management, for use in social welfare, sports, social welfare, balance carried forward to the next year to continue to use, and may not be used to balance the fiscal budget.

    Article 58th lottery ticket distribution policy approved by the State Council in the Central and local governments allocated from Lottery sales turned over to the Central and provincial governments, respectively.

    The lottery turned over to the Central Government, by the Ministry of finance in various provinces, autonomous regions and municipalities directly under the Office of the Financial Ombudsman levy; the lottery turned over to provincial finances, levied by provincial finance departments.

    59th fails to contest winnings into Lottery from Lottery sales agency settlement collection when it turned over to the provincial fiscal, all local use.

    60th Central and provincial Lottery management, and use of, should be formulated in conjunction with the financial department Lottery funded project management method.

    Lottery management, and use of, shall be announced to the community or post a message in time, it shall be subject to the supervision of the financial sector, the Audit Department and the public.

    Lottery-funded capital construction facility, equipment, or social welfare activities, should be marked in a significant way Lottery Fund logo. 61st annual national Treasury each year should be announced to the public on lottery raising, distribution, and use.

    Provincial financial departments should be announced to the public the Administration for the last year every year Lottery raising, distribution, and use.

    Lottery management at Central and local levels, and use of, shall be announced to the public on the annual Lottery each year using the scale, financing and implementation of projects, and so on.

    The fifth chapter legal liability

    62nd, lottery, lottery ticket sales agencies with one of the following acts, shall be ordered to correct financial sector; directly responsible in charge and other direct liable persons, recommends that the organization or the competent department appropriate disciplinary action:

    (A) breach of raw data, lottery Lottery sales equipment regulations;

    (B) violation of lottery sales venture funds, lottery cash working capital or lottery games prize pool funds, Fund General Fund management provisions;

    (C) failure to follow the approved destruction methods, time limits destruction of lottery;

    (D) is not announced to the public the relevant information as required;

    (E) the use of prize pool funds and operating expenses to carry out activities;

    (Vi) is not in the form of cash or cashier's check of disposable cash.

    Persons 63rd lottery to sell any of the following acts, by the Home Department, sports Administrative Department shall be ordered to correct serious mandated lottery, lottery ticket sales agencies lift tickets sales agency contract:

    (A) lend, lease, sell tickets and sell the cards;

    (B) is not in the form of cash or cashier's check of disposable cash.

    The sixth chapter supplementary articles 64th article of the rules come into force on March 1, 2012.