Is it mandatory to register a business when opening a lottery agent?

Opening a lottery agent requires business registration is an issue of concern to many lottery ticket agents. Registering a lottery agent business is directly related to the legality and rights of a lottery agent with stable revenue. The following article by Long Phan will analyze in detail the legal regulations on current lottery agent business registration conditions and procedures.

Conditions for opening a lottery agent according to current regulations

According to Article 16 of Circular 75/2013/TT-BTC, opening a lottery agent must meet separate conditions for individuals and organizations. Specifically:

1. For individuals:

• Be a Vietnamese citizen, have a permanent residence in the country and be not under 18 years old;
• Not lose or face limitations on civil act capacity as prescribed by law;
• No criminal record;
• Not a management officer, employee or relative of management levels (spouse, father, mother, brother, sister,…) working at the lottery company with which you signed a representative contract. Lottery management or companies operating in the same area or region;
• Commit in writing to fully comply with the regulations of the lottery company when becoming a lottery agent;
• Ensure payment obligations for lottery companies by meeting payment assurance requirements.

2. For organizations and businesses:

• Is an economic organization established and operating in accordance with Vietnamese law;
• There is no capital contribution from management levels or relatives of management levels (spouse, father, mother, brother, sister,…) working at the lottery company with which you signed a lottery agency contract or the company operates in the same locality or region;
• Have a written commitment to fully comply with the regulations of the lottery company when becoming a lottery agent;
• Meet the payment security requirements according to the provisions of the law on secured transactions to ensure the fulfillment of payment obligations to the lottery company.

When opening a lottery agent, is business registration required?

According to Clause 1, Article 3 of Decree 39/2007/ND-CP, individuals engaged in commercial activities are those who conduct daily activities related to the purchase and sale of goods, provision of services, or other profit-making activities permitted by law. These individuals are not subject to business registration and are not considered “traders” under the Law on Commercial. Specifically, cases that do not require business registration include:

• Street trading (peddler) is the buying and selling activities without a fixed location (buying on the street, selling on the street or both buying and selling on the street), including receiving books, magazines, and cultural products from traders licensed to trade in these products according to the provisions of law for street sale;
• Petty trading is the activity of buying and selling small items with or without a fixed location;
• Selling snacks is the activity of selling gifts, cakes, food, and drinks (drinks) with or without a fixed location;
• Freight trading is the activity of buying goods from other places in each trip to sell to wholesale buyers or retailers;
• Providing services: shoe shining, lottery ticket sales, lock repair, car repair, car parking, car washing, hair cutting, painting, photography and other services with or without a fixed location;
• Independent, regular commercial activities do not require other business registration.

However, opening a lottery agent with a fixed location and regular operations is not included in the above cases. Therefore, lottery ticket agents must register their business according to current legal regulations.

Procedure for opening a lottery agent

Prepared documents

1. In case of opening a lottery agency under the model of individual business households

Profile includes:

• Application for business household registration (according to Appendix III-1, Circular 02/2023/TT-BKHDT);
• Certified copy of ID card/CCCD/passport of the head of household or household member (if any);
• Meeting minutes and authorization documents (if the household participates);
• Location lease contract or documents proving ownership of the business location.

2. In case of opening a lottery agent in the form of establishing a company:

To open a lottery agency in the form of a company, the appropriate type of business is a one-member LLC with 100% state capital. The establishment process needs to comply with the provisions of the Law on Enterprise 2020.

Registration dossier includes:

• Company charter.
• Application for issuance of Business Registration Certificate.
• Power of attorney (in case the applicant is not a legal representative).
• Certified copy of citizen identification card or passport of the owner and authorized person (these documents must be valid and not more than 6 months from the date of issue).

Implementation steps

If you are interested in opening a lottery agent, please refer to the detailed article on Long Phan’s website to clearly understand the steps to take. The article provides specific information about procedures, documents to prepare, relevant legal regulations, as well as important notes when registering a lottery agent business. To learn more, please access the article via the following link:
>>>> Reference: Necessary procedures and documents to open a lottery agency

Consulting services for opening a lottery agent business in compliance with regulations

Long Phan is proud to provide comprehensive consulting services for customers wishing to establish and operate lottery agents, ensuring full compliance with regulations. We offer detailed support packages including:

• Consulting on business conditions for opening a lottery agency and instructions on how to meet specific requirements to obtain a business license.
• Support to answer questions about regulations related to lottery agent business activities.
• Assist customers in preparing all necessary documents and records to register as a lottery agent business.
• Support customers to submit registration documents at state agencies.
• Monitor the application processing process and quickly update results to customers.

Opening a lottery agent is an important first step to participating in a potential and stable business field. With a team of experienced experts, we are committed to supporting you from consulting, completing documents to implementing operations, helping you build an effective and sustainable lottery agency. Please contact us immediately via the hotline: 0906735386 for detailed advice and to help you build a successful and sustainable lottery agency.