Legal Knowledge

Lottery Business Eligibility Certificate: Revocation Cases & Authority

Rate this article

Under Article 25 of Decree 30/2007/ND-CP, a lottery business enterprise has its Certificate of Eligibility for Lottery Business revoked in the following cases:

  • Violating State regulations in lottery business operations;
  • Having its business registration certificate revoked;
  • Dissolution or bankruptcy as prescribed by law.

1. Which authority may issue the revocation decision?

The authority to issue decisions revoking the Certificate of Eligibility for Lottery Business belongs to the authority in Article 31 of Decree 30/2007/ND-CP:

“Responsibilities of the Ministry of Finance
1. Developing and submitting to competent authorities for issuance strategies, plans, policies, and organizational models for lottery business operations.
2. Issuing and guiding the implementation of legal documents on lottery business.
3. Issuing technical regulations on lottery business.
4. Granting and revoking Certificates of Eligibility for Lottery Business.
5. Inspecting, examining, and handling violations of lottery business law.
6. Professional training and international cooperation in the lottery sector.”

Accordingly, the authority entitled to issue decisions revoking the Certificate of Eligibility for Lottery Business is the Ministry of Finance.

2. Is an enterprise that alters the certificate deprived of its use?

Administrative penalties for an enterprise that erases or alters the Certificate of Eligibility for Lottery Business are provided in Clauses 1, 4, and 5, Article 35 of Decree 98/2013/ND-CP:

“Violations in managing and using the Certificate of Eligibility for Lottery Business
1. A fine of VND 40,000,000 to VND 60,000,000 for erasing or altering the Certificate of Eligibility for Lottery Business.
2. A fine of VND 60,000,000 to VND 80,000,000 for lending, leasing, or transferring the Certificate of Eligibility for Lottery Business.
3. A fine of VND 80,000,000 to VND 100,000,000 for conducting lottery business without a Certificate of Eligibility for Lottery Business granted by a competent state authority.
4. Additional penalty:
Deprivation of the right to use the Certificate of Eligibility for Lottery Business for 01 to 03 months for the administrative violations in Clauses 1 and 2 of this Article.
5. Remedial measures:
Compelling the return of unlawful gains obtained from committing the administrative violations in this Article.”

Under Point b, Clause 1, Article 3 of Decree 98/2013/ND-CP (amended by Point a, Clause 1, Article 3 of Decree 102/2021/ND-CP and Point a, Clause 2, Article 2 of Decree 80/2019/ND-CP, supplemented by Point b, Clause 2, Article 2 of Decree 80/2019/ND-CP), the monetary penalties in this Decree apply to individuals, except those in Article 13, Clause 4 of Article 18, Article 21, Point b Clause 1 of Article 21a, Article 22, Clauses 3 and 4 of Article 24, Points b and c Clause 1 and Point c Clause 2 of Article 25a, Article 32a, Article 34, Clauses 1–3 of Article 36, Clause 2 of Article 40, Clause 2 of Article 41, Articles 42–45, Clause 3 of Article 46, Articles 48–50, and Clause 2 of Article 51, which apply only to organizations. The monetary fine for an organization is twice the fine for an individual for the same violation. The maximum fine for an individual in the insurance and lottery business sectors is VND 100,000,000; for an organization, VND 200,000,000.

At the same time, the violating enterprise is deprived of the right to use the Certificate of Eligibility for Lottery Business for 01 to 03 months and compelled to return unlawful gains obtained from the violation.

Notes on applying current legal provisions

This article belongs to the General Knowledge Overview group and is presented for reference, helping readers understand the legal issue at an overview level before preparing dossiers or conducting transactions.

Legal provisions may change depending on timing, locality, dossier type, and specific circumstances. Where it is necessary to determine the exact legal basis applicable to your dossier, please contact an ANT Legal lawyer at 0966.475.966 for review and advice before proceeding.

Common risks to note

  • Applying legal documents that have been amended, supplemented, or replaced.
  • Preparing incomplete dossiers, documents, or evidence.
  • Misunderstanding the applicable conditions, procedures, time limits, or competent authority.
  • Signing, filing, or conducting transactions without fully assessing legal risks.

How can ANT Legal help?

ANT Legal assists in reviewing specific situations, checking dossiers, identifying the applicable legal basis, advising on handling plans, and representing you in working with individuals, organizations, or competent authorities when necessary.

For quick advice, you may contact a lawyer at 0966.475.966.

Related articles

ANT Legal