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What are the lottery management regulations? Is it the law? Can you tell me where I can see it?
Regulations on lottery management
Chapter I General Principles
Article 1 These Regulations are formulated in order to strengthen lottery management, standardize the development of lottery market, maintain the order of lottery market, protect the legitimate rights and interests of lottery participants and promote the development of social welfare undertakings.
Article 2 The lottery mentioned in these Regulations refers to the certificate issued by the state with permission to raise social welfare funds and promote the development of social welfare undertakings, which is purchased by natural persons voluntarily and won the chance of winning the prize according to specific rules.
Lottery tickets do not return the principal and do not pay interest.
Article 3 Welfare lottery tickets and sports lottery tickets shall be licensed by the State Council. It is forbidden to issue other lottery tickets without the permission of the State Council. It is forbidden to issue and sell overseas lottery tickets in People's Republic of China (PRC).
Article 4 The issuance, sale and drawing of lottery tickets shall follow the principles of openness, fairness, impartiality, honesty and credibility.
Article 5 The financial department of the State Council is responsible for the supervision and management of national lottery. The State Council civil affairs department and sports administrative department are responsible for the management of national welfare lottery and sports lottery according to their respective responsibilities.
The financial departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the supervision and administration of lottery tickets within their respective administrative areas. The civil affairs departments and sports administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the management of welfare lottery and sports lottery within their respective administrative areas according to their respective responsibilities.
The public security organs of the people's governments at or above the county level and the administrative departments for industry and commerce at or above the county level shall, within the scope of their respective duties, investigate and deal with illegal lottery tickets according to law and maintain the order of the lottery market.
Chapter II Lottery Issuance and Sales Management
Article 6 Welfare lottery issuing institutions and sports lottery issuing institutions (hereinafter referred to as lottery issuing institutions) established by the State Council civil affairs departments and sports administrative departments in accordance with the law are respectively responsible for issuing and organizing the sale of welfare lottery and sports lottery throughout the country.
Welfare lottery sales organizations and sports lottery sales organizations (hereinafter referred to as lottery sales organizations) established by the civil affairs departments and sports administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government are responsible for the welfare lottery and sports lottery sales within their respective administrative areas.
Article 7 Where a lottery issuing institution applies for opening or stopping specific varieties of welfare lottery and sports lottery (hereinafter referred to as lottery varieties), or applies for changing the examination and approval items of lottery varieties, it shall report to the financial department of the State Council for approval in accordance with the procedures stipulated in these Regulations.
According to the needs of the healthy development of the lottery market, the financial department of the State Council examines the applications of lottery issuers in accordance with the principles of rational planning of the lottery market and lottery variety structure and strict control of lottery risks.
Eighth lottery issuers to apply for the creation of lottery varieties, should be approved by the civil affairs department of the State Council or the sports administrative department of the State Council, and submit the following application materials to the finance department of the State Council:
(1) an application;
(2) Rules on lottery varieties;
(3) the mode and scope of issuance;
(4) Market analysis report and technical feasibility analysis report;
(5) Operating rules for lottery and award;
(6) Risk control plan.
The financial department of the State Council shall, within 90 working days from the date of accepting the application, listen to the opinions of the society through expert review and hearing, review the application and make a written decision.
Article 9 Where a lottery issuing institution applies for changing the lottery variety rules, issuing methods and issuing scope, it shall apply to the finance department of the State Council with the approval of the civil affairs department of the State Council or the sports administrative department of the State Council, and submit the materials related to the change. The financial department of the State Council shall, within 45 working days from the date of accepting the application, review the application and make a written decision.
Article 10 Where a lottery issuer applies to stop lottery varieties, it shall submit a written application to the finance department of the State Council with the approval of the civil affairs department of the State Council or the sports administrative department of the State Council, and submit relevant materials for stopping lottery varieties. The financial department of the State Council shall review the application within 10 working days from the date of accepting the application, and make a written decision.
Eleventh approved the establishment, suspension or change of lottery varieties, lottery issuers shall announce the relevant information to the public 10 natural days before the establishment, change and suspension.
Twelfth because of the need to safeguard public interests, in an emergency, the financial department of the State Council can take necessary measures to decide to change the approved lottery varieties or stop the lottery varieties.
Thirteenth lottery issuing institutions and lottery sales institutions shall, in accordance with the provisions of government procurement laws and administrative regulations, purchase lottery equipment and technical services that meet the standards.
The standards for lottery equipment and technical services shall be formulated by the financial department of the State Council in conjunction with the civil affairs department of the State Council and the sports administrative department in accordance with the relevant national standardization laws and administrative regulations.
Fourteenth lottery issuing institutions and lottery sales institutions shall establish a risk management system and a suspicious fund reporting system to ensure the safety of lottery issuance and sales.
Lottery issuing agencies and lottery sales agencies are responsible for data management, lottery redemption management and lottery fund collection management of the lottery sales system, and may not entrust others to manage them.
Fifteenth lottery issuing agencies and lottery sales agencies may entrust units and individuals to sell lottery tickets. Lottery issuing agencies and lottery sales agencies shall sign a lottery consignment contract with the entrusted lottery agency. The model text of welfare lottery and sports lottery consignment contract shall be formulated by the civil affairs department and the sports administrative department of the State Council respectively.
Lottery agents may not entrust others to sell lottery tickets on a commission basis.
Sixteenth lottery sales agencies should provide special lottery betting equipment for lottery agents. The special equipment for lottery betting belongs to the lottery sales organization, and the lottery agency shall not lend, lease or sell it.
Seventeenth lottery sales institutions shall, under the guidance of lottery issuers, make overall plans for the layout of lottery sales places. Lottery sales places shall set up lottery sales signs and post warning slogans in accordance with the unified requirements of lottery issuers.
Eighteenth lottery issuers, lottery sales agencies, lottery agents shall not have the following acts:
(1) False and misleading propaganda;
(two) unfair competition by slandering peers;
(3) Selling lottery tickets to minors;
(4) selling lottery tickets on credit or on credit.
Nineteenth need to destroy the lottery, the lottery issuing agency reported to the finance department of the State Council for approval, and then destroyed under the supervision of the civil affairs department of the State Council or the sports administrative department of the State Council.
Twentieth lottery issuing agencies and lottery sales agencies shall promptly announce the lottery issuance and sales to the public and accept public supervision.
Chapter III Lottery Winning and Redemption Management
Twenty-first lottery issuing institutions and lottery sales institutions shall draw prizes in accordance with the approved lottery variety rules and lottery operation procedures.
The State Council's civil affairs departments, sports administrative departments and the civil affairs departments and sports administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall strengthen supervision over lottery activities to ensure the openness and fairness of lottery tickets.
Twenty-second lottery issuing institutions and lottery sales institutions shall ensure the integrity, accuracy and safety of lottery sales data. After the current lottery sales data is sealed, it is not allowed to consult, change or delete the sales data until the lottery is over.
Twenty-third lottery issuing agencies and lottery sales agencies should strengthen the management of lottery equipment, ensure the normal operation of lottery equipment, and configure spare lottery equipment.
Twenty-fourth lottery issuing institutions and lottery sales institutions shall, after the end of each lottery sales, timely announce the current lottery sales and lottery results to the public.
Twenty-fifth lottery winners shall, within 60 natural days from the date of the lottery, hold the winning lottery ticket to the designated place to redeem the prize. In accordance with the requirements of the lottery variety rules, identity documents should also be produced. Those who fail to receive the prize within the time limit shall be deemed to have abandoned the prize.
It is forbidden to use forged or altered lottery tickets to win prizes.
Twenty-sixth lottery issuers, lottery sales agencies, lottery agents should be in accordance with the provisions of these rules lottery varieties and redemption procedures.
The lottery prize will be paid in RMB cash or cash check in one lump sum.
No redemption shall be provided to minors.
Twenty-seventh lottery issuers, lottery sales agencies, lottery agencies and other personnel who know the personal information of lottery winners because of their positions or business convenience shall keep the personal information of lottery winners confidential.
Chapter IV Lottery Fund Management
Twenty-eighth lottery funds include lottery bonuses, lottery issuance fees and lottery public welfare funds. The proportion of lottery funds is determined by the State Council.
The specific proportion of lottery funds in lottery varieties shall be determined by the financial department of the State Council according to the decision of the State Council.
With the expansion of lottery issuance scale and the increase of lottery varieties, the proportion of lottery issuance fees can be reduced.
Twenty-ninth lottery issuing institutions and lottery sales institutions shall open lottery fund accounts in accordance with the provisions of the financial department of the State Council for accounting lottery funds.
Thirtieth the State Council and the financial departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall establish information systems for lottery issuance, sales and fund management, and keep abreast of lottery sales and fund flow.
Thirty-first lottery bonuses are used to pay lottery winners. The maximum amount of a single lottery prize is decided by the financial department of the State Council according to the development of the lottery market.
Overdue bonuses are included in the lottery public welfare fund.
Thirty-second lottery issuance fees should be used exclusively for the business expenses of lottery issuers and lottery sales agencies and the sales expenses of lottery agencies.
The business expenses of lottery issuers and lottery sales organizations shall be managed by two lines of revenue and expenditure, and their expenses shall conform to the financial management system of lottery issuers and lottery sales organizations.
Thirty-third lottery public welfare fund is used for social welfare, sports and other social welfare undertakings, not for balancing the general budget.
The lottery public welfare fund is included in the budget in accordance with the government fund management measures, and the management of revenue and expenditure is implemented.
Thirty-fourth lottery issuing institutions and lottery sales institutions shall, in accordance with the provisions of the financial department of the State Council, pay the business expenses in the lottery public welfare fund and lottery issuance fees in a timely manner, and shall not be withheld or used for other purposes. The financial department shall timely allocate the business expenses of lottery issuing institutions and lottery sales institutions.
Thirty-fifth lottery public welfare fund allocation policy, by the financial department of the State Council in conjunction with the the State Council civil affairs, sports administration and other relevant departments put forward a plan, submitted to the State Council for approval before implementation.
Thirty-sixth lottery issuance fees, lottery public welfare fund management, the use of units, should accept the supervision of the financial sector, audit institutions and the public.
Units that manage and use lottery public welfare funds shall announce the use of public welfare funds to the public every year.
Article 37 The financial departments of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall report to the people's governments at the corresponding levels on the collection, distribution and use of lottery public welfare funds in the previous year, and make an announcement to the public.
Chapter V Legal Liability
Thirty-eighth in violation of the provisions of this Ordinance, the issuance and sale of lottery tickets without authorization, or the issuance and sale of overseas lottery tickets in People's Republic of China (PRC), which constitutes a crime, shall be investigated for criminal responsibility according to law; If it does not constitute a crime, it shall be punished by the public security organ according to law; If there are illegal gains, the illegal gains shall be confiscated.
Thirty-ninth lottery issuers and lottery sales organizations have one of the following acts, and the financial department shall order them to suspend business for rectification; Illegal income, confiscate the illegal income, and impose a fine of 3 times the illegal income; The directly responsible person in charge and other directly responsible personnel shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Opening or stopping lottery varieties without approval, or changing the examination and approval items of lottery varieties without approval;
(2) Failing to issue or sell lottery tickets or win prizes in accordance with the lottery winning rules, issuing methods, issuing scope and operating rules;
(3) Entrusting others to manage the data management, lottery winning management or lottery fund collection management of the lottery sales system;
(4) consulting, changing or deleting lottery sales data in violation of regulations;
(5) Selling lottery tickets on credit or selling them on credit;
(6) destroying lottery tickets without approval;
(seven) interception and misappropriation of lottery funds.
Fortieth lottery issuers and lottery sales organizations have one of the following acts, and the financial department shall order them to make corrections; Illegal income, confiscate the illegal income; The directly responsible person in charge and other directly responsible personnel shall be punished according to law:
(1) Purchasing unqualified lottery equipment or technical services;
(2) False and misleading propaganda;
(3) unfair competition by slandering peers;
(4) Selling lottery tickets to minors;
(5) divulging the personal information of lottery winners;
(6) Failing to incorporate the overdue bonus into the lottery public welfare fund;
(seven) failing to pay the business expenses in the lottery public welfare fund and lottery issuance fee according to the regulations.
Article 41 If a lottery agency commits one of the following acts, the civil affairs department and the sports administrative department shall order it to make corrections and impose a fine of more than 2,000 yuan/kloc-0,000 yuan; Illegal income, confiscate the illegal income:
(1) Entrusting others to sell lottery tickets on a commission basis or lending, renting or selling special equipment for lottery betting;
(2) False and misleading propaganda;
(3) unfair competition by slandering peers;
(4) Selling lottery tickets to minors;
(5) selling lottery tickets on credit or on credit.
If a lottery agency is punished for the acts mentioned in the preceding paragraph, the lottery issuing agency and the lottery sales agency have the right to terminate the lottery agency contract.
Article 42 Whoever forges or alters lottery tickets or wins prizes with forged or altered lottery tickets shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Forty-third lottery management and use of units in violation of the provisions on the management and use of lottery public welfare funds, the financial department shall order it to make corrections within a time limit; Illegal income, confiscate the illegal income; If no correction is made within the time limit, the assets formed by the use of the lottery public welfare fund shall be confiscated and the qualification for using the lottery public welfare fund shall be cancelled.
Article 44 The staff members of financial departments, civil affairs departments and sports administrative departments who perform lottery management duties in accordance with the provisions of these Regulations abuse their powers, neglect their duties, engage in malpractices for selfish ends in lottery supervision and management activities, and if a crime is constituted, criminal responsibility shall be investigated according to law; If it does not constitute a crime, it shall be punished according to law.
Chapter VI Supplementary Provisions
Article 45 These Regulations shall come into force as of July 6, 2009.
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