Is computerized lottery a lotto lottery or not?is legal content that readers often need to check carefully before implementing it in practice. This article has been systematized by ANT Legal in an easy-to-understand manner, helping individuals and businesses understand the main issues, common risks and appropriate solutions.
What is a computer lottery?
Computerized lottery, also known as lotto lottery, is regulated in Clause 3, Article 3, Circular 75/2013/TT-BTC as follows:
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“Lottery” is a type of lottery where participants have the right to choose the numbers to participate in the prize and the determination of winning results is done after the time of issuance of lottery tickets.
Thus, computerized lottery is the common name, computerized lottery and lotto lottery are a form of lottery.
How to open a lottery agency?
Pursuant to Article 16 of Circular 75/2013/TT-BTC stipulating regulations on working as lottery agents as follows:(1) Conditions to become a lottery agent:
– 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 be the wife, husband, father, adoptive father, mother, adoptive mother, child, adopted child, biological brother, sister, adoptive brother, sister or adoptive brother of 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 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.
– For organizations:
+ Is an economic organization legally established and operating in Vietnam;
+ Not be 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 be an economic organization with capital contributed by the spouse, father, adoptive father, mother, adoptive mother, child, adopted child, biological brother, sister, adoptive brother, sister or adoptive brother of 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 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) Based on the conditions specified in Clause 1 of this Article, the lottery company selects qualified organizations and individuals to act as lottery agents. The selection of lottery agents must ensure the principles of openness, transparency and objectivity.
In case there are many organizations and individuals requesting to be lottery agents that exceed the needs of the lottery company, the lottery company organizes bidding to select qualified organizations and individuals, have networks that meet ticket distribution requirements and have low agent commission costs to act as lottery agents.
(3) Lottery agents are responsible for fulfilling tax obligations according to the provisions of law.
Is it necessary to sign a contract to be a lottery agent?
Pursuant to Article 17 of Circular 75/2013/TT-BTC stipulates as follows:
– Organizations and individuals that meet the conditions prescribed in Article 16 of this Circular, when selected as lottery agents, must sign a lottery agent contract with the lottery company.
– The lottery agency contract drawn up by the lottery company must fully ensure the following main contents:
+ Names, addresses, representatives of the parties signing the lottery agency contract;
+ Type of lottery tickets accepted for sale;
+ Permitted lottery ticket distribution methods;
+ Methods and procedures for delivering, receiving and returning unsold lottery tickets;
+ 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 appendix is an inseparable content of the lottery agency contract;
+ Agent commission rate; Rate of payment fee for winning lottery tickets (if any);
+ Payment method for lottery ticket sales, time of payment for lottery ticket sales, debt term;
+ Form of guarantee for performance of payment obligations;
+ Rights and obligations of the contracting parties;
+ Handling violations and commitments on compensation for damages due to contract violations;
+ Validity period of the contract;
+ Other contents serve the management requirements of the lottery company but must not violate the law.
Thus, if you want to be a lottery agent (or specialize in computer lottery business) you must meet the age conditions and other conditions specified above. And when qualified to be a lottery agent, you must sign a contract with the lottery company.
Note on Applying Current Legal Regulations
This article belongs to the Legal Knowledge group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.
Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.
Common Legal Risks to Note
- Applying legal instruments that have been amended, supplemented or replaced.
- Preparing an incomplete set of documents, materials or necessary evidence.
- Misunderstanding the conditions, procedure, timeline or competent authority.
- Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.
How Can ANT Legal Support You?
ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.
For prompt advice, you may contact a lawyer at 0966.475.966.
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