Implementing Rules of the Administrative Regulations on Lottery Tickets (Revised in 2018)

Implementing Rules of the Administrative Regulations on Lottery Tickets (Revised in 2018)
Implementing Rules of the Administrative Regulations on Lottery Tickets (Revised in 2018)

Order of the Ministry of Finance of the People's Republic of China, the Ministry of Civil Affairs of the People's Republic of China, and the General Administration of Sport of China No.96

August 16, 2018

(Promulgated by Order of the Ministry of Finance, the Ministry of Civil Affairs, the General Administration of Sport of China No.67 on January 18, 2012, and revised according to Decision of the Ministry of Finance, the Ministry of Civil Affairs, and the General Administration of Sport of China on Amending the Implementing Rules of the Administrative Regulations on Lottery Tickets on August 16, 2018)

Chapter I General Provisions

Article 1 The Rules are formulated in accordance with the Administrative Regulations on Lottery Tickets (hereinafter referred to as the "Regulations").

Article 2 For the purpose of Article 2 of the Regulations, specific rules refer to lottery game rules approved by the Ministry of Finance.
For the purpose of Article 2 of the Regulations, vouchers refer to special evidence that proves the establishment of the relationship between the sale and purchase of lottery tickets, and shall record the name of the lottery game, the quantity and amount of purchase, the numbers, symbols or patterns, lottery drawing, prize claims and other related information.

Article 3 The Ministry of Finance is responsible for the nationwide supervision and administration of lotteries. Its main duties are:
1. formulating system and policies for lottery supervision and management;
2. supervising and managing the nationwide lottery market and the issuance and sales of lottery tickets, supervising the payment and use of lottery funds;
3. advising, in concert with the relevant departments such as the Ministry of Civil Affairs and the General Administration of Sport of China on the policy of allocation of lottery welfare funds;
4. examining and approving the opening and closing of lottery types and changes in relevant examination and approval matters;
5. formulating lottery equipment and technical service standards in concert with the Ministry of Civil Affairs and the General Administration of Sport of China;
6. examining and approving the financial revenue and expenditure plans of lottery issuing agencies and supervising the financial management activities of lottery issuing agencies;
7. examining and approving the lottery destruction plans of lottery issuing agencies.

Article 4 The Ministry of Civil Affairs and the General Administration of Sport of China shall be responsible for the nationwide management of welfare and sports lotteries according to their respective duties. Their main duties are:
1. formulating the development planning and management system for the nationwide welfare and sports lottery undertakings;
2. establishing welfare and sports lottery issuing agencies;
3. formulating the administrative measures for the use of lottery public welfare funds by civil affairs departments and sports administrative departments, and guiding the use and management by lottery public welfare funds of local civil affairs departments and sports administrative departments;
4. examining and approving the opening and closing of types of welfare lottery and sport lottery and changes in relevant examination and approval matters;
5. supervising the lottery ticket destruction by welfare and sports lottery issuing agencies; and
6. formulating a model text of the contract on agent sales of welfare and sports lottery tickets.

Article 5 Provincial financial departments are responsible for the supervision and administration of lotteries within their respective administrative regions. Their main duties are:
1. formulating the specific implementing measures for the supervision and management of lotteries in their respective administrative regions;
2. supervising and managing the lottery market and the sales of lottery tickets in their respective administrative regions, supervising the payment and use of lottery funds in their respective administrative regions;
3. formulating, in concert with provincial civil affairs departments and sports administrative departments, the administrative measures for lottery public welfare funds in their respective administrative regions; and
4. examining and approving the financial revenue and expenditure plans of lottery sales agencies and supervising the financial management activities of lottery sales agencies.

Article 6 Provincial civil affairs departments and sports administrative departments shall be responsible for the management of welfare and sports lotteries in their respective administrative regions according to their respective duties. Their main duties are:
1. establishing welfare and sports lottery sales agencies in their respective administrative regions;
2. approving the establishment of welfare and sports lottery sales networks in their respective administrative regions;
3. formulating the administrative measures for the use of lottery welfare funds by civil affairs departments and sports administrative departments in their respective administrative regions, and guiding the use and management of lottery welfare funds by civil affairs departments and sports administrative departments below the provincial level; and
4. supervising the agency sales behaviors of the lottery sales agents in their respective administrative regions.

Article 7 For the purpose of Article 5 of the Regulations, illegal lotteries refer to the following forms of lotteries issued or sold in any way in violation of the Regulations:
1. lottery tickets, other than welfare and sports lottery tickets, issued without special permission of the State Council;
2. overseas lottery tickets issued and sold without authorization in the territory of the People's Republic of China;
3. welfare and sports lottery types and lottery games issued and sold without approval of the Ministry of Finance;
4. welfare and sports lottery tickets sold without entrustment of lottery issuing agencies or lottery sales agencies;
5. welfare and sports lottery tickets sold via the Internet without authorization.
The financial departments, civil affairs departments, and sports administrative departments above the county level, as well as lottery issuing agencies and lottery sales agencies, shall actively cooperate with the public security organs and the market regulatory departments to investigate and deal with illegal lottery tickets according to the law to maintain the order of lottery market.

Chapter II Administration of the Issuance and Sales of Lottery Tickets

Article 8 Welfare lottery issuing agencies and sports lottery issuing agencies shall be responsible for the nationwide issuance and sales of welfare lottery tickets and sports lottery tickets respectively in the principles of unified issuance, unified management and unified standards. Their main duties are:
1. formulating the development planning, management system, work rules and technical standards for the issuance and sales of nationwide welfare and sports lottery tickets;
2. establishing the issuance and sales system, market regulation mechanism, incentive and restraint mechanism, and supervision and management mechanism for nationwide welfare and sports lottery tickets;
3. organizing the research and development of lottery types, applying for opening or stopping lottery types or changing the examination and approval items related to lottery type, and organizing the implementation thereof after approval;
4. organizing the management of the sales system data, fund collection and settlement, equipment and technical services, sales channel and place planning, printing and logistics, drawings and prize claims, and lottery destruction, in respect of nationwide welfare lottery tickets and sports lottery tickets; and
5. organizing the management of image construction, agent sales, marketing and publicity, business training, and talent team building in respect of nationwide welfare lottery and sports lottery.

Article 9 Welfare lottery sales agencies and sports lottery sales agencies shall be responsible for the sales of welfare lottery tickets and sports lottery tickets in their respective administrative regions under the unified organization of welfare lottery issuing agencies and sports lottery issuing agencies.
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