Decree sanctioning administrative violations of the lottery business operations _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ the GOVERNMENT pursuant to the law on organization of the Government of 25 December 2001;

Legal bases of administrative violation processing command no. 44/2002/PL-UBTVQH10 on 02 July 2002 and Ordinance amendments and supplements to some articles of the Ordinance on handling administrative violations number 04/2008/UBTVQH12 June 2, 2008;

Considering the recommendation of the Minister of finance DECREE: chapter I GENERAL PROVISIONS article 1. Scope and objects 1. Sanctioning administrative violations of lottery operations are applicable to individuals, agencies and organizations (hereinafter referred to as individuals, organizations) acts intentionally or unintentionally violating the provisions of the law on business activities that the lottery is not a crime and under the provisions of this Decree are sanctioned administrative offense.

2. This Decree shall apply to the individual, organization, Vietnam; individuals, organizations active on the territory of the Socialist Republic of Vietnam have the administrative violations of the lottery business activity specified in this Decree.

3. The administrative violations of the lottery business activities not specified in this Decree shall be administrative sanctions as stipulated in the legal text of a sanctioning administrative violations in the field of governance related.

Article 2. Sanction guidelines 1. Any breach of the administration of the lottery business operations must be detected promptly and must be suspended immediately. The sanctioning of administrative violations of the lottery business activities must be conducted justly, promptly, thoroughly; any consequences due to administrative violations must be fixed in accordance with the provisions of the law.

2. The sanctioning of administrative violations of the lottery business operations by the Authority made under the provisions of this Decree.

3. all violations of the administration of the lottery business administration sanctioned only once. Individuals, organizations perform many administrative violations, the sanctioned about each violation.

4. The sanctioning of administrative violations of the lottery business activities are based on the nature and extent of the violation, violators of identity and the extenuating circumstances, aggravating the provisions of article 8 and article 9 Ordinance on handling administrative violations no. 44/2002/PL-UBTVQH10 on 02 July 2002 (hereinafter the "Ordinance on handling administrative violations in 2002) to definite form, appropriate for the disposal measures.

Article 3. Time sanctioning administrative violations 1. Time sanctioning administrative violations of the lottery business is 2 years from the date of the administrative violations are made. If the time is not sanctions but still forced to apply remedial measures specified in clause 3 5 of this Decree.

2. Individual has been prosecuted, indicted or had decided to put on trial under criminal proceedings, but later decided to suspend the investigation or the suspension of the case which have sign violations administrative violations of the lottery business administration sanctioned under the provisions of this Decree; time sanctioning administrative violations is 3 months from the date the competent sanctions get decided to suspend the thing out or suspend prosecution and violation records.

3. Within the time limit specified in paragraph 1, item 2 of this individual, which held back the implementation of new administrative violations or willfully evading, obstructing the sanctions do not apply time limits prescribed in clause 1 and clause 2 of this Thing; time sanctioning administrative violations were counted back from the time of implementation of new administrative violation or termination acts impedes evading sanctions.

4. Who has the authority to sanction too time sanctioning administrative violations shall be dealt with according to the provisions of article 121 of the Ordinance on handling administrative violations in 2002.

Article 4. The time limit is considered to be not yet sanctioned personal administrative violations, the organization sanctioned administrative offense, if after one year from the date of decision done executive sanction from either the most effective sanction decisions without re-offending is regarded as not yet sanctioned administrative offense.

Article 5. Sanctions administrative violations and remedial measures 1. For each administrative violations of the lottery business, personal, held in violation must bear one of the following sanctions: a) caution;

b) fine.

Fines for administrative violations of the lottery business operations up to 100,000,000 đồng.

2. Depending on the nature and extent of the violation, personal, held in violation can be applied one or the additional sanctions: a) confiscated exhibits, the means used to administrative violations;

b) deprived of the right to use the certificate qualifies the lottery business has no time limit or time limit.

3. In addition to sanctions prescribed in clause 1 and clause 2 of this, personally, held in violation can be applied one or more of the following remedial measures: a) enforce according to the lottery business;

b) forced the cancellation of the results, winners were wrong, not right compared to the minutes of the Council overseeing the lottery;

c) additional Force, reported data are incomplete, not exactly;

d) forced to recover the money spent, paid the bonus rules;

DD) remedial measures as specified in chapter II of this Decree.

Chapter II INFRINGEMENTS, FINES and SANCTIONS article 6. Violations of regulations on certification profile eligible Lottery business 1. A fine from 5,000,000 VND 2,000,000 VND to for Lottery business arbitrarily fix, erased the material in the record to suggest the certification eligible Lottery business.

2. A fine of 5,000,000 VND to 10,000,000 VND for the lottery business cheating or forgery of documents in the record to suggest the certification eligible Lottery business.

3. additional sanctions: confiscate the document has been corrected, erased, cheating or tampering with regard to administrative violations prescribed in this article.

4. Apply remedial measures: Forcing additional documents in the records in accordance with the provisions of the law for administrative violations in this article.

Article 7. Violation on management, use the certificate eligible Lottery business 1. A fine of 30,000,000 50,000,000 to copper copper for individuals, institutions erased, corrected certificate eligible Lottery business.

2. A fine of from copper to copper 70,000,000 50,000,000 for individuals, the Organization lend, rent or transfer the certificate of eligible Lottery business.

3. Fine fellow to 70,000,000 100,000,000 contract for individual, non-Lottery business organization certified eligible Lottery business by competent State bodies.

4. additional sanctions: deprived of the right to use the certificate eligible Lottery business from 90 days to 180 days for administrative violations stipulates in paragraph 1, item 2 of this Article.

5. Apply remedial measures: Forcing the entire recovery the revenues gained from the implementation of administrative violations prescribed in this article.

Article 8. Violations of the regulations in lottery tickets, the ticket release number 1. A fine from 5,000,000 VND to 10,000,000 VND for the lottery business do one of the following violations: a) In lottery tickets does not have enough content as prescribed;

b) signed in lottery tickets with base in ineligible in lottery tickets.

2. A fine from 10,000,000 to 15,000,000 VND VND for the lottery business do one of the following violations: a) issued in denominations of lottery rules;

b) released the number of tickets that exceeds the prescribed limit;

c) released tickets is not correct the calendar Prize;

d) lottery tickets issued incorrect time computing regulations.

3. A fine of 15,000,000 20,000,000 for copper to copper trading business in lottery ticket numbers not enough according to each kind of symbol for the ticket and prize structure announced the release.

4. A fine of 20,000,000 30,000,000 for the copper to copper-individuals, organizations scrape this page, erased, fake lottery tickets in any form to participant rewards and rewards.

5. additional sanctions: a) confiscating the entire quantity of use to administrative violations stipulates in paragraph 2 and paragraph 4 of this Article;

b) deprived of the right to use the certificate eligible Lottery business from 15 days to 30 days for the administrative violation prescribed in clause 2 and clause 3 of this article.

6. Apply remedial measures: a) Forced the entire recovery the revenues gained from the implementation of administrative violations of the provisions of this Article;

b) enforce rules of law for administrative violations in item 1, item 2, paragraph 3 of this article.

Article 9. Violations of rules of distribution of tickets. Caution for individuals, organizations do one of the following violations: a) Sold lottery tickets for the individual objects are not eligible to participate in projecting the lottery prize as a rule;

b) incorrect number of ticket face value specified on the coupon number.

2. A fine of 5,000,000 VND to 10,000,000 VND for individuals, organizations make distributed lottery tickets is incorrect method of distribution is allowed.

3. Apply remedial measures: a) Forced the entire recovery the revenues gained from the implementation of administrative violations of the provisions of this Article;

b) enforce rules of law for administrative violations in this article.

Article 10. Violations of the rules of the lottery business areas 1. A fine from 10,000,000 to copper copper 7,000,000 for individuals, organizations make the lottery business is incorrect.

2. additional sanctions: confiscate the entire quantity of improper trading.

3. Apply remedial measures:


a full recovery) forced the revenues gained from the implementation of administrative violations of the provisions of this Article;

b) enforce business according to local correct provisions of the law for administrative violations in this article.

Article 11. Violations of rules of business product type 1. A fine fellow to fellow 20,000,000 15,000,000 words for the lottery business business business type products business is not allowed under the rules.

2. additional sanctions: a) confiscating the entire quantity of business is not allowed under the regulations;

b) deprived of the right to use the certificate of eligible business from 30 days to 60 days for administrative violations of the provisions of this Article.

3. Apply remedial measures: a) Forced the entire recovery the revenues gained from the implementation of administrative violations of the provisions of this Article;

b) enforce the right type of business products as prescribed by law for administrative violations in this article.

Article 12. Violations of the rules on the rate of pay bonuses, prizes of the lottery type 1. A fine from 5,000,000 to copper copper 3,000,000 for the lottery business do one of the following violations: a compensation rate construction) for each release in excess of the prescribed maximum rate for each type of lottery;

b) build prizes for each type of lottery is not properly regulated.

2. A fine of 5,000,000 VND to 10,000,000 VND for the lottery business not building award and participant rules make disclosure to customers.

3. the remedial measures: a) the Forced recovery of the full amount of bonus paid in excess of the prescribed rates for administrative violations stipulates in paragraph 1 of this article;

b) enforce rules of law for administrative violations specified in this Article.

Article 13. Violations of the rules of the lottery prize participant 1. Caution for individuals not eligible to participate in projecting the lottery prizes of tickets to attempting the bonus project.

2. A fine of up to 20,000,000 15,000,000 VND VND for individual, organization, use of State assets and capital to join buy lottery tickets.

3. Apply remedial measures: a) Forced the entire recovery the revenues gained from the implementation of administrative violations in this article;

b) enforce provisions of the law for the administrative offences specified in this article.

Article 14. Violations of the provisions on recovery, archive, cancel tickets not consumed most of 1. Caution for the lottery business do one of the following violations: a) not build and issued regulations detailing procedures the Organization revoked the tickets not consumed off;

b) authorized for other lottery business enterprise implement the revocation of tickets not consumed most of the text without authorization.

2. A fine of 5,000,000 VND to 10,000,000 VND for the lottery business do one of the following violations: a) held for the destruction of the non-consumption, stalk the ticket or the ticket of bingo lotteries has recovered but the archives are not yet enough time allotted;

b) Not established the Council destroyed the ticket or have established the Council but does not have a sufficient number of members according to regulations;

c) Don't set the minutes after the destruction of the tickets not consumed.

3. Apply remedial measures: enforce correct provisions of the law for the administrative offences specified in this article.

Article 15. Violations of the rules of the lottery prize organization 1. A fine from 10,000,000 to 15,000,000 VND VND for the lottery business do one of the following violations: a) the organization is not the correct calendar Lottery Prize prize;

b) organized the prize lottery incorrectly specified locations;

c) does not build and publicize opening dialing rules.

2. A fine of 20,000,000 30,000,000 for the copper to copper trading business made a lottery in the following violations: a) the choice of dial-people Prize does not have qualified under the provisions of the law;

b) made the incorrect award open dialing process.

3. Fine fellow to fellow 50,000,000 40,000,000 for the individual, the Organization deliberately falsify the results.

4. Apply remedial measures: a) Forced the entire recovery the revenues gained from the implementation of administrative violations of the provisions of this Article;

b) forced the cancellation of the results, hit by false Prize for administrative violations stipulates in paragraph 3 of this article;

c) Forced to comply to the provisions of the law for the administrative offences specified in item 1, item 2 of this Article.

Article 16. Violation of the device dials Prize 1. A fine fellow to fellow 30,000,000 20,000,000 words for the lottery business do one of the following violations: a) Not fully open dialing equipment bonus under the provisions;

b) using cages bridge the dial does not guarantee regulatory requirements prescribed;

c) Ball used to dial the Prize does not guarantee regulatory requirements prescribed;

d) using electronic devices, check the size of the ball used to dial does not guarantee regulatory requirements prescribed;

DD) system camera, the screen layout in the position not guaranteed to be monitoring the entire process of dialing the prize according to the rules and not stored enough time minimum rules for tracking images through the camera.

2. remedial measures: enforce correct provisions of the law for the administrative offences specified in this article.

Article 17. Violations of the regulations on use and lottery results information results winners 1. A fine fellow to fellow 20,000,000 15,000,000 words for individual, organization, use of lottery results Lottery business to organize the program.

2. A fine of up to 50,000,000 copper copper 40,000,000 for the lottery business information knowingly false prizes results, not true compared with the confirmation of the minutes of the Council oversees the lottery.

3. additional sanctions: deprived of the right to use the certificate eligible Lottery business from 90 days to 180 days for administrative violations stipulates in paragraph 2 of this Article.

4. Apply remedial measures: a) the lottery business Forced the cancellation, incorrect, misleading results compared to the minutes of the Council overseeing the lottery for administrative violations in paragraph 2 of this Article;

b) forced the entire recovery the revenues gained from the implementation of administrative violations prescribed in this article.

Article 18. Violations of the regulations on compensation 1. A fine from 5,000,000 to copper copper 3,000,000 for the lottery business paid for the lottery tickets do not meet all the conditions prescribed compensation.

2. A fine of 5,000,000 VND to 10,000,000 VND for the lottery business do one of the following violations: a) deliberately prolonged the time charged to the customer award winners;

b) organized the destruction of the lucky ticket was paid bonuses but archive is not yet enough time allotted.

3. A fine from 10,000,000 to 15,000,000 copper copper for enterprise business secret infringement Lottery information charged the customer award winners.

4. A fine of 15,000,000 20,000,000 for copper to copper trading business authorized Lottery agents for compensation exceeds the value of the prize is permitted.

5. Apply remedial measures: a) the Forced recovery of the full amount paid the bonus, the bonus pay authorization rules for administrative violations in item 1, clause 4 of this Article;

b) enforce provisions of the law for the administrative offences specified in this article.

Article 19. Violations of the regulations on business conditions for the computerised Lottery systems 1. A fine of 30,000,000 50,000,000 for copper to copper trading business business Lottery lottery type of computing but do not meet all the conditions of the server equipment, vending machines for lottery tickets as specified.

2. A fine of from copper to copper 70,000,000 50,000,000 for the lottery business enterprise business computing lottery type but do not meet all the conditions of the software according to the regulations.

3. additional sanctions: deprived of the right to use the certificate eligible Lottery business from 90 days to 180 days for administrative violations in this article.

4. Apply remedial measures: a) Forced the entire recovery the revenues gained from the implementation of administrative violations of the provisions of this Article;

b) enforce provisions of the law for the administrative offences specified in this article.

Article 20. Violations of the regulations on Lottery agents 1. A fine from 5,000,000 VND 2,000,000 VND to Lottery agents for arbitrarily fixing, erased the documents on file please do the lottery agent.

2. A fine of 5,000,000 10,000,000 for copper to copper dealer Lottery fraud or forgery of documents on file please do the lottery agent.

3. A fine from 10,000,000 20,000,000 for copper to copper trading business made a lottery in the following violations: a) signed dealer with the individual, the organization does not qualify for Lottery agents as specified;

b) does not ensure the minimum rate guaranteed obligations on payment of prescribed Lottery agents;

c) For Lottery agents owe debt term too or too time payment of lottery ticket sales.

4. additional sanctions: confiscated material repair, erasing, cheating or tampering with regard to administrative violations prescribed in this article.

5. Apply remedial measures: enforce correct provisions of the law for administrative violations in paragraph 3 of this article.

Article 21. Violations of the administration of the agent's Commission, established the reserve fund to pay rewards, financial funds and use the funds


1. A fine from 10,000,000 20,000,000 to copper copper for the lottery business paid commissions for Lottery agents national rules.

2. A fine of 20,000,000 30,000,000 for the copper to copper trading business Lottery deliberately quote, use the reserve fund, compensation risk fund is not properly regulated.

3. the remedial measures: enforce correct provisions of the law for the administrative offences specified in this article.

Article 22. The administrative violations of the reporting regime in the lottery business activities 1. A fine from 5,000,000 VND to 10,000,000 VND for the lottery business do one of the following violations: a) Not Send or submit inadequate reporting to competent State agencies;

b) Filed reports to the competent State agencies are not properly defined period;

c) information, data in reports is incomplete, inaccurate.

2. Apply remedial measures: a) Forcing the lottery business, additional reports for administrative violations specified in point c of paragraph 1 of this article;

b) enforce provisions of the law for the administrative offences specified in this article.

Article 23. Violations of rules of promotion in the lottery business activities 1. A fine from 10,000,000 20,000,000 for copper to copper personally, organizing promotional activities lottery.

2. additional sanctions: a) seizure of means, exhibits used for promotion;

b) deprived of the right to use the certificate qualifies the lottery business of lottery business from 30 days to 60 days for administrative violations of the provisions of this Article;

3. Apply remedial measures: a) Forced the entire recovery the revenues gained from the implementation of administrative violations of the provisions of this Article;

b) enforce rules of law for administrative violations specified in this Article.

Chapter III jurisdiction, SANCTIONS PROCEDURES, complaints, accusations and HANDLE breach of article 24. The authority sanctioning administrative violations of the lottery business activities 1. The financial level the inspectors are on duty have the right: a) caution;

b) a fine of up to 500,000;

c) confiscated exhibits, the means used to administrative violations worth up to 2,000,000;

d) apply remedial measures specified in paragraph 3 of article 5 of this Decree.

2. The Chief Inspector of the Department of Finance has the right to: a) caution;

b) a fine of up to 30,000,000 VND;

c) confiscated exhibits, the means used to administrative violations;

d) apply remedial measures specified in paragraph 3 of article 5 of this Decree.

3. The Chief Inspector of the Ministry of Finance has the right to: a) caution;

b) fines up to 100,000,000;

c) Deprived the right to use the certificate eligible Lottery business jurisdiction as provided by law;

d) confiscated exhibits, the means used to administrative violations;

DD) apply remedial measures specified in paragraph 3 of article 5 of this Decree.

4. the people's Committee Chairman granted in the scope of their authority defined in Ordinance on handling administrative violations have the right sanctioning administrative violations of the lottery business activities as specified in this Decree.

Article 25. The authority sanctioning administrative violations of other agencies in addition to those with authority to sanction prescribed in article 24 of this Decree, the authority sanctioning administrative violations by other agencies under the provisions of the Ordinance on handling administrative violations in 2002, Ordinance on handling administrative violations modify the 2008 supplement, within the function, the task that detected the administrative violations specified in this Decree in the field or your geographical jurisdiction sanction.

Article 26. Sanction procedures, enforcing the sanctions decision, comply in administrative sanction decision of lottery business activities 1. Procedure for sanctioning of administrative violations of the lottery business activities are conducted in accordance with Ordinance on handling administrative violations in 2002 and article 1 Ordinance handling administrative violations modify, Supplement, 2008.

2. Individuals, organizations sanctioned administrative offense of lottery business operations under the provisions of this decree must strictly obey the decision of sanction authorized person within ten days from the date of delivery of the decision to sanction, unless the law otherwise.

3. Individuals, organizations sanctioned that the Executive decided voluntarily not to sanction coercive enforcement of the sanction decision as specified in article 66 and article 91 of the Ordinance on handling administrative violations in 2002; Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008 and the coercive regulations enforce the decision sanctioning administrative violations of the law.

4. The order and procedure of coercive execution decision sanctioning administrative violations of the lottery business activities are carried out according to the provisions of article 66 and article 67 of the Ordinance on handling administrative violations in 2002; Ordinance amending and supplementing some articles of the Ordinance on handling administrative violations in 2008 and the coercive regulations enforce the decision sanctioning administrative violations of the law.

Article 27. Sample documents, sample decided to use in handling administrative violations issued this Decree enclosed Appendix templates thereon, decided to use the sanctioning administrative violations of the lottery business.

Article 28. Receipts, management and use of money, filed administrative violations in the field of lottery business receipts, management and use of money, filed administrative violations of lottery operations are performed under the provisions of Decree No. 124/2005/ND-CP dated 6 October 2005 the Government receipts and manage using the money, filed administrative violations.

Article 29. Complaints and denunciations, accusations and complaints complaints, accusations against the decision sanctioning administrative violations of the lottery business activities are conducted in accordance with the law on complaints and denunciation.

Article 30. Handle violation 1. People dealt with administrative violations of the lottery business operations if there is opposition to the behavior of people on duty; delay, evade the executive decision of the competent person, the sanctions depending on the nature and extent of the violation which dealt with administrative violations or prejudice criminal liability if damage is compensated according to the provisions of the law.

2. Who has the authority, handling administrative violations of the lottery business activities which harass, tolerate, cover, not processed or not processed in time, not properly, handling in excess of the prescribed authority, there are bugs in the past to mark, time limit handling of administrative violations, then depending on the nature that infringement levels, being disciplined or arrested save for criminal liability, if damage is compensated according to the provisions of the law.

Chapter IV article 31 ENFORCEMENT TERMS. Terms of implementation 1. The Decree has effect as from 15 December 2010.

2. The Minister of finance is responsible for guiding, inspecting and supervising the enforcement of this Decree.

3. Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of people's Committee of the central cities, is responsible for the implementation of this Decree.