Mechanism of operation of the Lottery Supervision Council in Vietnam

Mechanism of operation of the Lottery Supervision Council in Vietnam (Internet image)

Regarding this issue, LawNet responded as follows:

1. Who is included in the Lottery Supervision Council?

According to Clause 1, Article 3 of Circular 22/2021/TT-BTC, the composition of the Lottery Supervision Council includes the President, a number of Vice Presidents, and members as follows:

- Chairman of the Lottery Supervision Council: is the representative of the People's Committee of the province or city directly under the Central Government (hereinafter referred to as the People's Committee of the province);

- Vice Chairman of the Lottery Supervision Council: is the representative of the agencies of the Department of Finance, the Public Security Agency, the Inspector, and the Department of Justice of the provinces and centrally-run cities (hereinafter referred to as representatives of the agencies);

- Members of the Lottery Supervision Council: are representatives of the following agencies: the Department of Finance, the Public Security Agency, the Inspectorate, the Department of Justice, and other agencies of the provinces and centrally-run cities; Provincial-level People's Committees may invite representatives of the Standing Board of Vietnam Fatherland Front Committees of provinces and centrally run cities to join the Lottery Supervision Council as a member of the Lottery Supervision Council;

- Secretary of the Lottery Supervision Council: is the representative of the Lottery Company.

2. Mechanism of operation of the Lottery Supervision Council in Vietnam

The operation mechanism of the Lottery Supervision Council is specified in Article 4 of Circular 22/2021/TT-BTC as follows:

- The supervision and inspection of the Lottery Supervision Council are based on the provisions of the law on lottery business, the operation regulations of the Lottery Supervision Council, and the regulations and professional processes. of the Lottery Company.

- The Lottery Supervision Council works on the principle of democratic centralism, voting by majority, specifically as follows:

+ The supervision and inspection by the Lottery Supervision Council for the tasks specified in Clauses 1, 2, 3 and 4, Article 9 of Circular 22/2021/TT-BTC, must have at least a Chairman or a Vice Chairman of Lottery Supervision Council; Secretary of the Lottery Supervision Council; and 03 members of the Lottery Supervision Council attending.

(In case the assisting group or the assisting section performs the authorization of the Supervisory Council, the composition must also comply with the above provisions);

+ The organization of meetings of the Lottery Supervision Council requires that there be enough participants in accordance with the regulations on the operation of the Lottery Supervision Council promulgated by the People's Committee of the province;

+ Contents of meetings, supervision, and inspection activities of the Lottery Supervision Council must be recorded in minutes and signed by all attending members. Issues with differing opinions are decided or approved when more than 50% of the members present of the Lottery Supervision Council agree.

In case the number of members agreeing and disagreeing is equal, the decision will be made according to the plan approved by the Chairman of the Lottery Supervision Council (or the authorized Vice Chairman of the Lottery Supervision Council if the Chairman of the Lottery Supervision Council is absent).

- The Lottery Supervision Council operates on a part-time basis, except for the representative of the Lottery Company.

3. Duties of Lottery Supervision Council in Vietnam

Specifically, in Article 9 of Circular 22/2021/TT-BTC, the tasks of the Lottery Supervision Council are as follows:

- Supervising the organization of the lucky draw according to the provisions of Article 10 of Circular 22/2021/TT-BTC.

- Supervising the periodic or irregular inspection of the prize-drawing device according to the provisions of Point b, Clause 1, Article 10 and Article 11 of Circular 22/2021/TT-BTC.

- Supervising the withdrawal, tally, and invalidation of unsold lottery tickets, stubs, or saved parts of manually withdrawn lottery tickets according to the provisions of Article 12 of Circular 22/2021/TT-BTC.

- Supervising the withdrawal, tally, invalidation, and sealing of unsold lottery tickets, stubs or saved parts of manually recalled lottery tickets in a number of localities as prescribed in Article 13 of this Circular 22/2021/TT-BTC.

- Proposing to the People's Committee of the province to direct the police and competent authorities in the locality to strengthen measures to prevent and combat lottery numbers and the making of fake lottery tickets, according to the provisions of Article 14 of Circular 22/2021/TT-BTC.

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