Street sellers may return unsold lottery tickets, but they fear that agents will stop giving them new tickets afterward. The issue puts sellers and lower-level agents in a difficult position.
Lawyer Hoang Ha of the Ho Chi Minh City Bar Association says Vietnamese law regulates returns and the responsibilities of participants in lottery distribution. More attention is needed for sellers at intermediate levels.
The right to return unsold tickets cannot exist only on paper
Articles 17 and 20 of Ministry of Finance Circular 75/2013/TT-BTC require lottery-agent contracts to set out the method and procedure for returning unsold tickets.
For traditional lottery tickets, returns must follow the required procedure and be completed at least 15 minutes before the draw. If the agreed conditions are met, the receiving party cannot arbitrarily refuse the return.
For second-level agents and street sellers, the actual agreement with the supplier must be considered. The law does not automatically require a first-level agent to accept every unsold ticket regardless of the time or method of return.
Stopping supplies after a lawful return is not automatically unlawful. If an agent must continue supplies but cuts them off because a seller returned tickets correctly, the action may breach the contract and create liability for damages.
Responsibility for distribution cannot stop with first-level agents
Current law sets responsibilities for lottery-distribution participants but does not fully allocate the risk of unsold tickets among every intermediary level. A Finance Ministry letter dated August 15, 2023, requires lottery companies to assign responsibility for distributed tickets through all levels, including street sellers.
The Southern Lottery Council has urged lower-level agents to allow retailers to return unsold tickets and not pressure them to sell everything. Lottery companies should inspect agents, contracts and return procedures.
Sellers need clear rules in practice
Current rules partly protect participants but do not fully guarantee the lawful interests of street sellers and lower-level agents. The issue is not only whether a right to return tickets exists, but whether sellers can use it in practice.
The Finance Ministry should consider clearer rules on deadlines, locations, return conditions, payment responsibilities and disputes. Ticket delivery and returns should be documented, and the responsibility of each agent level should be clear.
Lottery companies should provide direct complaint channels, response deadlines and written replies. Cases involving forced acceptance of tickets, unlawful refusal of returns or other obstacles should be investigated.
A fair allocation of risk does not mean a lottery company must cover every loss from unsold tickets. Responsibility should match each party's ability to control the risk, without shifting the entire burden onto the weakest participants.
Sources: Thanh Niên
