Is it against the law for playing online lottery in Vietnam?

1. What is online lottery? What are types of lottery in Vietnam?

What is playing lottery online?

Playing lottery online is a form of buying lottery tickets by using the internet to access websites or apps that provide lottery ticket purchasing services.

How many types of lotteries are there?

Pursuant to Article 7 of the Decree 30/2007/ND-CP (amended by the Decree 78/2012/ND-CP) stipulating types of lottery in Vietnam as follows:

- Conventional lottery

- Optional lottery (manual, electronic)

- Instant lottery (scratch lottery or tear lottery)

- Other types as provided for by law

The Ministry of Finance specifies a list of specific products for each type of lottery in each period to ensure the government's management goals.

What are methods for distribution of lottery tickets in Vietnam?

Pursuant to Article 11 of the Decree 30/2007/ND-CP (amended by the Clause 5 Article 1 of the Decree 78/2012/ND-CP) stipulating types of lottery in Vietnam as follows:

- A lottery business enterprise shall ensure the full supply of lottery tickets of each code which it has notified to issue for customers to choose drawing results.

- Lottery business enterprises may distribute lottery tickets to customers by:

+ Selling lottery tickets directly to customers;

+ Selling lottery tickets through lottery agents;

+ Selling lottery tickets by electronic equipment, telecommunications means or the Internet.

- The quantity of lottery tickets being issued each time shall be determined by the lottery enterprise, but must not exceed the limit of quantity and value, or must ensure the minimum sale of ticket in each period prescribed by the Ministry of Finance.

Currently, there are 64 lottery businesses in Vietnam, including 63 state-owned businesses that operate conventional lottery in provinces and cities, and Vietlott, a lottery company that operates electronic lottery across the country.

2. Is it against the law for playing online lottery in Vietnam?

Pursuant to Article 12 of the Circular 75/2013/TT-BTC, organizations issuing lottery tickets implement distribution of lottery products as prescribed in Article 6 of the Circular 75/2013/TT-BTC to customers under the following methods:

- Direct sale to customers;

- Through system of lottery agents as prescribed in this Circular.

Except from above methods for distribution of lottery tickets, lottery products as prescribed under Article 6 of the Circular 75/2013/TT-BTC are not allowed to be distributed via fixed landline, mobile phone, electric appliances, internet and other telecommunications media.

Pursuant to Article 6 of the Circular 75/2013/TT-BTC stipulating as follows:

"Article 6. Types of the issued lottery products

1. For the conventional lottery:

a. Conventional lottery with 5 numbers;

b. Conventional lottery with 6 numbers;

2. For the handwork bingo lottery:

a. Bingo lottery with self-selecting 2 numbers;

b. Bingo lottery with self-selecting 3 numbers;

c. Bingo lottery with self-selecting 4 numbers;

d. Bingo lottery with self-selecting 2 double numbers;

dd. Bingo lottery with self-selecting 3 double numbers;

e. Bingo lottery with self-selecting 4 double numbers;

3. For the lottery for instant result:

a. The tearing lottery for instant result;

b. The scratching lottery for instant result;"

Therefore, the current law does not allow the sale of lottery tickets via the Internet or the practice of "buying lottery tickets for others”. The practice of some organizations and individuals operating lottery businesses via the Internet is illegal because these entities are not licensed to operate lottery businesses, and their methods of distributing tickets do not comply with regulations. Therefore, people in Vietnam are not allowed to buy lottery tickets via the Internet. 

Pursuant to Article 30 of the Decree 30/2007/ND-CP (amended by the Clause 10 Article 1 of the Decree 78/2012/ND-CP) stipulating handling of violations as follows:

- Violating organizations or individuals shall, depending on the nature and severity of their violations, be administratively sanctioned or examined for criminal liability.

- The violations, forms and rates of penalties, and authority to impose penalties for administrative violations of lottery business shall apply current law provisions on penalties for administrative violations of lottery business.

- The forms and rates of penalties for the acts of violations prescribed in Point 8, Clause 3 Article 1 of the Decree 30/2007/ND-CP must comply with current law provisions on violations of provisions on using lottery results and information about winning tickets.

Pursuant to Article 39 of the Decree 98/2013/ND-CP stipulating violations against regulations on buying lottery tickets as follows:

- The person that is not eligible to buy lottery tickets shall be given a warning when deliberately buying lottery tickets.

- A fine of from 20,000,000 VND to 30,000,000 VND shall be imposed for using state capital and assets to buy lottery tickets.

-  Remedial measures: Compulsory return of illegal profit earned from the violations in this Article.

In addition, at Section 5 of Directive 16/CT-TTG dated May 27, 2023, the Prime Minister of Vietnam requested the Ministry of Finance to focus on the following tasks:

- To coordinate with relevant ministries and agencies to strengthen the management, inspection, and inspection of businesses operating casinos, electronic games of chance for foreigners; betting on horse racing, dog racing, and international football;

- To coordinate with relevant ministries and agencies to study the necessity and feasibility of expanding the scope of persons allowed to participate in some legal gambling activities and new gambling activities that can be legalized to meet actual conditions;

- To coordinate with localities to strengthen the management of lottery activities, preventing individuals from taking advantage of organizing gambling and gambling in the form of buying lottery tickets or distributing lottery tickets in the wrong manner. Perfect the legal framework for lottery business in accordance with the market situation in the current period.

Therefore, individuals (online lottery players) and lottery businesses that violate the above regulations may be subject to administrative penalties or criminal prosecution depending on the nature and severity of the violation. However, the law has not yet specified specific penalties for online lottery players.

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