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THE GOVERNMENT

Decree No. 105/2010/ND-CP of October 27, 2010, providing for the sanctioning of administrative violations in lottery business

THE GOVERNMENT

Pursuant to the December 25, 2001 Law on Organization of the Government;

Pursuant to July 2, 2002 Ordinance No. 44/2002/PL-UBTVQH10 on Handling of Administrative Violations, and April 2, 2008 Ordinance No. 04/2008/UBTVQH12 Amending and Supplementing a Number of Articles of the Ordinance on Handling of Administrative Violations; At the proposal of the Minister of Finance,

 

DECREES:

Chapter I

GENERAL PROVISIONS

 

Article 1. Scope of regulation and subjects of application

1. The sanctioning of administrative violations in lottery business applies to individuals, agencies and organizations (below referred collectively to as individuals and organizations) that intentionally or unintentionally violate the law on lottery business which are not crimes and, under this Decree, must be administratively sanctioned.

 

2. This Decree applies to Vietnamese individuals and organizations; and foreign individuals and organizations operating in the territory of the Socialist Republic of Vietnam that commit administrative violations in lottery business specified in this Decree.

 

3. Other administrative violations in lottery business which are not specified in this Decree shall be administratively sanctioned under other legal documents on sanctioning of administrative violations in relevant

state management domains.

 

Article 2. Principles of sanctioning

 

1. All administrative violations in lottery business must be detected in time and stopped immediately. Administrative violations in lottery business shall be sanctioned promptly, fairly and thoroughly; all consequences caused by administrative violations shall be remedied under law.

 

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2. Administrative violations in lottery business shall be sanctioned by competent persons under this Decree.

 

3. An administrative violation in lottery business shall be sanctioned only once. An individual or organization committing many administrative violations shall be sanctioned for every violation.

 

4. Sanctioning of administrative violations in lottery business must be based on the nature and severity of violations, personal identities of violators and extenuating and aggravating circumstances defined in Articles 8 and 9 of Ordinance No. 44/2002/PL-UBTVQH10 on Handling of Administrative Violations (below referred to as the 2002 Ordinance on Handling of Administrative Violations) to decide on appropriate forms and measures of handling.

 

Article 3. Statute of limitations for sanctioning administrative violations

 

1. The statute of limitations for sanctioning an administrative violation in lottery business is 2 years after the violation is committed. Past this time limit, no sanction will be imposed but the remedies defined in Clause 3, Article 5 of this Decree shall still be applied.

 

2. For individuals against whom criminal cases were instituted, who were prosecuted or against whom trial decisions were issued according to criminal  procedures but later decisions are issued to terminate the investigation or their criminal cases and their violations show signs of administrative violation in lottery business, they shall still be administratively sanctioned under this Decree. The statute of limitations for sanctioning such administrative violations is 3 months after the persons with sanctioning competence receive the decisions to terminate the investigation or their criminal cases and the files of their violation. 3. If, within the time limit specified in Clause 1 or 2 of this Article, individuals or organizations commit new administrative violations or deliberately evade or obstruct the sanctioning, the statute of limitations specified in Clause 1 or 2 of this Article will not apply. The statute of limitations for sanctioning such administrative violation shall be re-counted from the time the new administrative violation is committed or the time the act of evading or obstructing the sanctioning stops.

 

4. Persons with sanctioning competence who let administrative violations unpunished after the statute of limitations for sanctioning shall be handled under Article 121 of the 2002 Ordinance on Handling of Administrative Violations.

 

Article 4. Time limit for being considered as not yet sanctioned for administrative violations

 

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If, past one year after they completely serve the sanctioning decisions or after the validity of the sanctioning decisions expires, individuals or organizations that have been sanctioned for administrative violations do not commit recidivism, they will be considered as not yet being sanctioned for administrative violations.

 

Article 5. Forms of sanctioning of administrative violations and remedies

1. For each administrative violation in lottery business, the violator is liable to either of the following sanctions:

 

a/ Caution;

 

b/ Fine.

 

The maximum fine for an administrative violation in lottery business is VND 100,000,000.

 

2. Depending on the nature and severity of their violations, violators are also subject to either or both of the following additional sanctions: a/ Confiscation of material evidence and means used for administrative violations;

 

b/ Definite or indefinite deprivation of the right to use certificates of eligibility for lottery business.

 

3. In addition to the sanctions specified in Clauses 1 and 2 of this Article, violators may also be compelled to take one or more of the following remedies:

 

a/ To conduct lottery business in the designated geographical area; b/ To cancel and correct erroneous prize-winning results which are not true to certification minutes of Lottery Supervision Councils; c/ To add or correct data which are incompletely or inaccurately reported; d/ To recover money amounts already spent or paid as lottery prizes in violation of regulations;

 

e/ Other remedies as specified in Chapter II of this Decree.

 

Chapter II

VIOLATIONS, SANCTIONING FORMS AND LEVELS

 

Article 6. Violations of regulations on dossiers of application for certificates of eligibility for lottery business

 

1. A fine of between VND 2,000,000 and 5,000,000 shall be imposed on lottery enterprises that modify or erase at their own discretion documents in their dossiers of application for certificates of eligibility for lottery business.

 

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2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on lottery enterprises that falsify or forge documents in their dossiers of application for certificates of eligibility for lottery business. 3. Additional sanction:

 

Confiscation of modified, erased, falsified or forged documents, for administrative violations specified in this Article.

 

4. Remedy:

 

Forced addition of dossier documents as required by law, for administrative violations specified in this Article.

 

Article 7. Violations of regulations on management and use of certificates of eligibility for lottery business

 

1. A fine of between VND 30,000,000 and 50,000,000 shall be imposed on individuals or organizations that erase or modify certificates of eligibility for lottery business.

 

2. A fine of between VND 50,000,000 and 70,000,000 shall be imposed on individuals or organizations that lend, lease or transfer certificates of eligibility for lottery business.

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