Regulations on conditions for lottery agents according to Vietnamese law

1. How will lottery agents receive commission?

Pursuant to the provisions in Clause 3, Article 12 of Decree 30/2007/ND-CP, lottery agents will receive commissions as follows:

“Article 12. Lottery agents

1. Lottery agents are organizations and individuals that sign contracts with lottery businesses to sell tickets and pay prizes to customers when they win.

…

3. Lottery agents are entitled to agent commissions on the value of lottery tickets sold and payment fees on the value of prizes paid.”

2. What conditions must be met to become a lottery agent?

Pursuant to Clause 1, Article 16 of Circular 75/2013/TT-BTC, regulations on conditions for lottery agents are as follows:

(1) For individuals:

– Be a Vietnamese citizen aged 18 or older, permanently residing in Vietnam;

– Not a person with a criminal record; is not a person with limited civil act capacity or has lost civil act capacity according to the provisions of law;

– Not an employee or manager working at that lottery company or a lottery company operating in the same area;

– Not being the wife, husband, father, adoptive father, mother, adoptive mother, child, adopted child, biological brother, sister, adoptive brother, sister or adoptive brother of the President, General Director or Director, Deputy General Director or Deputy Director, Chief Accountant or in charge of accounting, Controller and heads and deputy heads of professional departments and divisions of that lottery company or lottery company operating in the same area;

– Meet the payment security requirements according to the provisions of law on secured transactions to ensure the fulfillment of payment obligations to the lottery company;

– Have a written commitment to fully comply with the regulations of the lottery company when becoming a lottery agent.

(2) For organizations:

– Is an economic organization legally established and operating in Vietnam;

– Not an economic organization with capital contributed by the Chairman, General Director or Director, Deputy General Director or Deputy Director, Chief Accountant or in charge of accounting, Controller and heads and deputy heads of departments and professional departments of that lottery company or lottery company operating in the same area;

– Not an economic organization with capital contribution from the wife or husband, father, adoptive father, mother, adoptive mother, child, adopted child, biological brother, sister, adoptive brother, sister of the President, General Director or Director, Deputy General Director or Deputy Director, Chief Accountant or in charge of accounting, Controller and heads and deputy heads of departments and professional departments of that lottery company or lottery company operating in the same area;

– Meets insurance requirements Ensure payment according to the provisions of law on secured transactions to ensure the fulfillment of payment obligations to the lottery company;

– Have a written commitment to fully comply with the regulations of the lottery company when becoming a lottery agent.

3. Do lottery agents have to sign an agency contract?

Pursuant to Article 17 of Circular 75/2013/TT-BTC stipulating lottery agency contracts as follows:

“Article 17. Lottery agency contracts

1. Eligible organizations and individuals as prescribed in Article 16 of the Circular When selected as a lottery agent, this investor must sign a lottery agency contract with the lottery company.

2. The lottery agency contract drawn up by the lottery company must fully ensure the following main contents:

a) Names, addresses, and representatives of the parties signing the lottery agency contract;

b) Type of lottery ticket number for sale;

c) Permitted method of distributing lottery tickets;

d) Methods and procedures for delivering and returning unsold lottery tickets;

đ) Number of lottery tickets for sale. In case the number of lottery tickets for sale is adjusted from time to time, the content of the number of lottery tickets for sale is specified in the contract appendix The contract is an inseparable content of the lottery agency contract;

e) Agent commission rate; winning lottery ticket payment fee rate (if any);

g) Payment method for lottery ticket sales, time of payment for lottery ticket sales, debt term;

h) Form of guarantee for performance of payment obligations;

i) Rights and obligations of the contracting parties;

k) Handling of violations and commitments on compensation for damages due to breach of contract;

l) Validity period of the contract;

m) Other contents that serve the management requirements of the lottery company but must not be contrary to provisions of law.”

Thus, when acting as an agent, one must sign a lottery agent contract with the lottery company. Must sign a lottery agent contract with the lottery company.