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

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

Accordingly, from December 15, 2010, For each administrative violation in lottery business, the violator is liable to either of the following sanctions: caution; fine; the maximum fine for an administrative violation in lottery business is VND 100,000,000. Depending on the nature and severity of their violations, violators are also subject to either or both of the following additional sanctions:  confiscation of material evidence and means used for administrative violations; definite or indefinite deprivation of the right to use certificates of eligibility for lottery business. 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:  to conduct lottery business in the designated geographical area;  to cancel and correct erroneous prize-winning results which are not true to certification minutes of Lottery Supervision Councils;  to add or correct data which are incompletely or inaccurately reported; to recover money amounts already spent or paid as lottery prizes in violation of regulations and other remedies.

Principles of sanctioning for all the violations are regulated specifically in this Decree.  In there, 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. 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. A fine of between VND 7,000,000 and 10,000,000 shall be imposed on individuals or organizations for conducting lottery business outside designated areas.

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. 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.