In what cases is the certificate of eligibility for lottery business revoked? Which agency has the right to issue a decision on revocation?

In what cases is the certificate of eligibility for lottery business revoked?

According to the provisions of Article 25 of Decree 30/2007/ND-CP, lottery business enterprises are revoked Certificate of eligibility for lottery business in the following cases:

– Violation of State regulations in lottery business activities.

– Business registration certificate revoked.

– Dissolution and bankruptcy according to the provisions of law.

Which agency has the right to make a decision to revoke the Certificate of eligibility for lottery business?

The right to make a decision to revoke the Certificate of eligibility for lottery business belongs to the agency specified in Article 31 of Decree 30/2007/ND-CP as follows:

Responsibilities of the Ministry of Finance main

1. Develop and submit to competent authorities for promulgation strategies, planning, policies and organizational models for lottery business activities.

2. Promulgate and guide the implementation of legal documents on lottery business.

3. Promulgate technical regulations on lottery business.

4. Issuing and revoking certificates of eligibility for lottery business.

5. Inspect, examine and handle violations of the law on lottery business.

6. Professional training and international cooperation in the lottery field.

Accordingly, the agency with the right to issue a decision to revoke the Certificate of eligibility for lottery business is the Ministry of Finance.

Is an enterprise that repairs a Certificate of eligibility for lottery business deprived of the right to use this Certificate?

The level of administrative penalties for an enterprise that repairs a Certificate of eligibility for lottery business is specified in Clause 1, Clause 4, Clause 5, Article 35 of Decree 98/2013/ND-CP as follows: following:

Violations of management and use of Certificate of eligibility for lottery business

1. Fine from 40,000,000 VND to 60,000,000 VND for acts of erasing or modifying the Certificate of eligibility for lottery business.

2. Fine from 60,000,000 VND to 80,000,000 VND for acts of lending, leasing or transferring the Certificate of eligibility for lottery business.

3. Fine from 80,000,000 VND to 100,000,000 VND for lottery business without a Certificate of eligibility for lottery business issued by a competent state authority.

4. Additional sanctions:

Revocation of the right to use the certificate of eligibility for lottery business from 01 month to 03 months for administrative violations specified in Clause 1 and Clause 2 of this Article.

5. Remedial measures:

Forced return of illegal profits obtained from committing administrative violations specified in this Article.

According to the provisions of Point b, Clause 1, Article 3, Decree 98/2013/ND-CP, amended by Point a, Clause 1, Article 3, Decree 102/2021/ND-CP, Point a, Clause 2, Article 2, Decree 80/2019/ND-CP, supplemented by Point b, Clause 2, Article 2 of the Decree. 80/2019/ND-CP on fines as follows:

Sanctions and statute of limitations for administrative violations

1. The main forms of sanction in the field of insurance business and lottery business include:

a) Warning;

b) Fine;

Monetary fines for administrative violations specified in this Decree are fines for individuals except for the cases specified in Article 13, Clause 4, Article 18, Article 18 of this Decree. 21, Point b Clause 1 Article 21a, Article 22, Clause 3, Clause 4 Article 24, Point b, Point c Clause 1 and Point c Clause 2 Article 25a, Article 32a, Article 34, Clause 1, Clause 2 and Clause 3 Article 36, Clause 2 Article 40, Clause 2 Article 41, Article 42, Article 43, Article 44, Article 45, Clause 3 Article 46, Article 48, Article 49, Article 50 and Clause 2, Article 51 of this Decree only apply to sanction organizations.

The level of monetary penalty for organizations is 02 times the level of fine for individuals for the same violation.

The level of fine for individuals who commit administrative violations in the field of insurance business, Lottery business maximum is 100,000,000 VND, for organizations the maximum is 200,000,000 VND.

c) Suspension of providing insurance auxiliary services for a limited period of time.

At the same time, the violating enterprise will also be stripped of the right to use the certificate of eligibility for lottery business from 01 month to 03 months and forced to return the illegal profits obtained from the violation.