Conditions for Lottery Agents under Vietnamese Law

Quick answer: Conditions for acting as a lottery agent are prescribed in Decree 30/2007/ND-CP (as amended and supplemented by Decree 78/2012/ND-CP and Decree 151/2018/ND-CP) and guiding circulars of the Ministry of Finance. An individual wishing to become a lottery agent must be a Vietnamese citizen aged 18 or older, permanently residing in Vietnam, with full civil act capacity, no criminal record, satisfying payment guarantee requirements, and not falling into prohibited cases (persons working at the lottery company, relatives of lottery company leaders…).

Current legal framework

• Decree 30/2007/ND-CP on lottery business — Article 12 (lottery agents), Article 13 (payment guarantee);
• Decree 78/2012/ND-CP and Decree 151/2018/ND-CP — amending and supplementing Decree 30/2007;
• Circular 75/2013/TT-BTC — detailed guidance (Article 16 on lottery agents);
• Circular 36/2019/TT-BTC — for computer-based self-selected number lotteries.

Conditions for individuals

• Being a Vietnamese citizen aged 18 or older, permanently residing in Vietnam;
• Having no criminal record; not having restricted or lost civil act capacity;
• Not being an employee or managerial officer working at that lottery company or at a lottery company operating in the same locality;
• Not being a spouse, parent, child, sibling (or corresponding foster relationships) of the Chairperson, General Director/Director, Deputy General Director/Deputy Director, Chief Accountant, Controller, or heads of professional departments of that lottery company;
• Satisfying payment guarantee requirements (pledge, mortgage, deposit, escrow, guarantee) to secure payment obligations to the lottery business;
• Having a written commitment to fully comply with the lottery company’s regulations upon becoming an agent.

Conditions for organizations

• Being an economic organization duly established and operating legally in Vietnam;
• Not being an economic organization with capital contributions from the lottery company managers listed above;
• Satisfying payment guarantee requirements.

Key notes

• Selection of lottery agents is carried out by the lottery company under the principles of openness, transparency and objectivity; where demand is exceeded, bidding may be organized;
• Lottery agents are responsible for fulfilling tax obligations as prescribed;
• For computer-based self-selected number lotteries, additional conditions in Circular 36/2019/TT-BTC apply.

How ANT Legal can help

ANT Legal advises on business conditions, agency contracts and legal compliance in the lottery sector. For advice on your specific case, please contact our lawyers at 0966.475.966.