Decree deals with the financial management and performance assessment of lottery enterprises, stock exchanges and Vietnam Securities Depository

20/11/2017
The Government promulgates a Decree to provide for certain contents about financial management and performance assessment of lottery enterprises, stock exchanges and Vietnam Securities Depository.

A lottery enterprise is only allowed to make investments in industries/sectors directly relating its lottery business.

Revenues earned by a lottery enterprise include: Revenues from licensed lottery operations, revenues from other business operations, financial incomes as regulated by law and other incomes.

With regard to accumulated prizes of computerized lottery products, if over the claim period but the winner fails to claim his/her prize, the lottery enterprise that is licensed to engage in online lottery business may record such unclaimed prize as its other incomes.

Actual revenue from launching computerized lottery products of Vietlott in each province or central-affiliated city is determined according to the following regulations.

a) For computerized lottery tickets provided through lottery terminals:  Revenue from launching computerized lottery products includes receipts from sale of computerized lottery tickets through registered lottery terminals in a province or central-affiliated city under provisions of lottery sales agent agreements signed with Vietlott or revenue from points of sales established by Vietlott.

b) For computerized lottery products provided via the telephone or internet: Revenue shall be determined according to the location of drawing that a player registers when opening account to play games in accordance with regulations of the Law on Computerized Lottery Business.

Vietlott shall assume responsibility to comply with the following regulations.

a) An authorized unit at its head office shall make statements of value-added tax, special excise duty and corporate income tax. Based on amounts of taxes payable by type, Vietlott shall determine and make payment of taxes to each provincial-government state budget in proportion to the actual revenue from sales of lottery tickets in such province or city.

b) An authorized unit at its head office shall deduct amounts of personal income tax payable, make personal income tax statements and make payments of personal income tax to provincial-government state budgets in accordance with regulations of law. To be specific: Amounts of personal income tax on commissions earned by a lottery agent shall be paid to the state budget of province or central-affiliated city where that lottery agent has taxable income. Amounts of personal income tax on prize money of a winner shall be paid to the state budget of province or central-affiliated city where that winning player registers to play games via the telephone or internet, or where the lottery terminal which has provided the winning lottery ticket is located.

c) With regard to the net profit after taxes payable to local-government state budgets in accordance with regulations in Clause 1 Article 7 herein, Vietlott shall make statement of net profit after taxes at its head office and divide and make payments to provincial-government state budgets in proportion to the actual revenue earned from sales of lottery tickets in respective province or central-affiliated city.  

A lottery enterprise shall distribute its profit and set aside funds in accordance with regulations of the Government’s Decree No. 91/2015/ND-CP dated October 13, 2015 on state investments in enterprises, use and management of state capital and assets in enterprises, and its amending and superseding documents (if any). If the charter capital of a lottery enterprise is sufficient as regulated by law, that lottery enterprise is not allowed to set up investment and development funds.

Funds established from the net profit after taxes of a lottery enterprise shall be used in accordance with regulations of the Government’s Decree No. 91/2015/ND-CP dated October 13, 2015 on state investments in enterprises, use and management of state capital and assets in enterprises, and its amending and superseding documents (if any). The lottery enterprise is not allowed to use its net profit after taxes to pay bonuses or commissions to lottery agents inconsistently with the law.