In the digital transformation age, if there is supply, there will be demand

DNHN - The Ministry of Finance stated that the service of purchasing lottery tickets must be prohibited to avoid "affecting the publicity and transparency of the lottery business," lawyers and economic experts stated that enterprises are permitted to conduct business that the law does not prohibit.

The Ministry of Finance has released and requested public feedback on the Draft Decree to replace Decree No. 30/2007/ND-CP dated March 1, 2007, on lottery business and Decree No. 78/2012/ND-CP issued October 5, 2012, revising and augmenting several provisions mentioned in Decree No. 30/2007/ND-CP. Article 4 of the Draft contains rules on "prohibited conduct," however many firms who provide the service "Buy lottery tickets" have expressed their concerns, claiming that the restriction in certain areas is not acceptable and contradicts existing legislation.

Article 4 of the Draft Decree specifically prohibits "organizing illicit lottery operations in any form and by any methods." According to the explanation in the Ministry of Finance's draft report, the reason for bringing this "ban" regulation is that there are cases where some organizations and individuals take advantage of civil law on activities of buying lottery tickets on behalf of people to buy lottery tickets business organization, distribution of lottery tickets through electronic devices, telecommunications, and the internet affects the publicity and transparency of lottery business.

Regarding the service "Buy lottery tickets for your family," the reporter spoke with Assoc.Prof.Dr. Dinh Trong Thinh (Economic expert, Lecturer at Academy of Finance), Assoc.Prof.Dr. Ngo Tri Long (Expert. economist, former Director of the Institute for Market Research, Ministry of Finance), National Assembly Deputy Pham Van Hoa (former member of the XIV National Assembly's Legislative Committee), Master of Laws Nguyen Van Hoang (former member of the Law Committee of the 14th National Assembly), Mr Director of Transparency International Law Office).

Many firms have pioneered in establishing and executing digital transformation services in the spirit of Decision No. 749/QD-TTg dated June 3, 2020, on "National digital transformation program to 2025, orientation to 2030." Service for purchasing lottery tickets. This service is delivered via a phone app or other electronic, telecommunications, or internet-connected devices. How do professionals assess and remark on this sort of service?

Assoc.Prof.Dr. Dinh Trong Thinh: The essence of every commercial activity is to sell as many products and services as possible. As a result, the availability of this service opens up additional distribution channels for products and services, giving consumers more options, and the result is that companies sell more goods and services and the government receives more taxes. The service's name "Buy lottery tickets" is not incorrect. Where there is demand, there will be supply in a market system. Businesses are permitted by law to do business in places that are not forbidden by law. If the service has been available for a few years, it signifies that society has identified a demand for it, and the firm has reacted.

Assoc. Prof. Dr Ngo Tri Long: "Buying lottery tickets for other people" may be done in two ways: directly and online (via an application on the Internet). This is a typical activity; it is the civil connection between the buyer and the service provider, and it represents market supply and demand. The more enterprises that encourage sales, the better; it helps that industry gain income and profit, which benefits the state and the people via tax money. Any activity must balance the interests of all parties: the government, corporations, and citizens/consumers.

According to the explanation in the Ministry of Finance's draft report, the reason for bringing this "ban" regulation is that there are cases where some organizations and individuals take advantage of civil law on activities of buying lottery tickets on behalf of people to buy lottery tickets business organization, distribution of lottery tickets through electronic devices, telecommunications, and the internet affects the publicity and transparency of lottery business (for example, the service of buying lottery tickets on behalf of the lottery via apps). using e-wallets, winning lottery tickets, and so forth). So, how do specialists react to this material?

Pham Van Hoa, a member of the National Assembly, says that before the Internet and social networks, lottery trade only had one form: direct trading. By the time web commerce enables online buying and selling, I believe the service "Buy lottery tickets" through the app, e-wallet... is standard. That is the market's objective law; people are in need and agree. If there were firms that purchased lottery tickets for them in the past, society recognized their presence; today, it is hard to abruptly issue a prohibition edict. That's not very objective. Prohibition is generating problems for both individuals and corporations.

Lawyer Nguyen Van Hoang: Currently, all business disciplines are changing to keep up with the trend of economic growth in the digital era. Purchasing lottery tickets online or through an electronic software program on a phone or computer is progressively supplanting the old conventional business approach of agents and sellers. The use of this form enables people and companies operating lottery businesses to simply and broadly reach all clients in all places. Simultaneously, reducing the need to organize, attract, and utilize a large team of human resources everywhere to carry out company tasks in the usual fashion.

The drafting team believes that several organizations and individuals use civil law in the activities of purchasing lottery tickets to organize business and distribute lottery tickets via electronic devices, telecommunications, and the internet, affecting the publicity and transparency of the lottery business. I'd also want to emphasize that, although "the worm creates the soup pot," just one, a very tiny number, did not follow the "rules of the game," rendering the Drafting Team's evaluation objective, partial, and erroneous. Thus, rather than banning, I believe that the Drafting Team should do proper study and assessment to prevent the situation from becoming unmanageable, and then prohibit it, but if it is banned, it is quite unfortunate.

Assoc. Prof. Dr Ngo Tri Long: "The Civil Code 2015, Investment Law 2020, and Commercial Law have all been established; if these laws do not restrict the service of "Buy lottery tickets," then this Draft Decree cannot be prohibited." In terms of legal papers, the Decree is a document under the Law that cannot be "disputed" by the issued Law. As a result, businesspeople's responses are correct and grounded."

According to experts, the Civil Code 2015, Investment Law 2020, and Law on Enterprises 2020 do not ban them from providing the service of purchasing lottery tickets. So, how can specialists recommend and help to the solution of a company problem?

Lawyer Nguyen Van Hoang: Publicity, openness, and maintaining impartiality and fairness between the parties, particularly consumers engaged, are, in my view, significant and fundamental factors that directly influence the parties participating in the lottery industry. As a result, while suggesting Article 4 "Prohibited activities," the drafting committee also considered remedies to the aforementioned lack of openness, publicity, impartiality, and fairness.

I believe this is a viable option, but only by finding loopholes to prohibit, these solutions are not decisive or completely effective. Because the restrictions, which are spreading haphazardly and spontaneously, will hurt lottery business operations, they will lower the attractiveness of persons and organizations seeking to engage in this business while regulating the lottery in an incomplete legal case.

As a result, to achieve dramatic advancements in the area of the lottery business, state authorities, as well as people and companies involved in this sector, must have lottery business rules. Participate in the lottery company regularly. At the same time, the lottery industry provides business solutions at all levels and forms in a decentralized manner. Strengthening and increasing the quality of commercial mobile and computer software, with an emphasis on client confidentiality, publicity, and openness...

Pham Van Hoa, National Assembly delegate: In my view, the Draft Decree requires an impartial evaluation before it is promulgated; the assessment must be based on a summary of the previous time's merits and drawbacks, as well as how the flaws...

This opinion also serves a summary and evaluation function; if it is widely canvassed yet the majority of people and companies reject it, it should be repealed. I contribute to the preparation of this Decree for the reasons stated above because I disagree with the prohibition on the service "Buy lottery tickets on behalf of." All firms functioning in domains not forbidden by law and in need of society should be corrected, not outlawed, for what is inappropriate or insufficient.

Thank you very much, experts.

Hanh Hoa