The case of 2 torn jackpot lottery tickets: The lawyer laid out a plan to 'be able to be paid'

Mr. Thach Kha Mau, 40 years old, living in Tra Vinh, on the 4th of Tet (February 1) bought 10 lottery tickets with a series of 916303 numbers of Hau Giang Lottery Co., Ltd., for 6 siblings and relatives for a total of 8 tickets.

He kept 2 sheets, put them in his pants pocket and then went down to the lagoon to catch three knots (small crabs, a specialty in the West).

That afternoon, a person who was given a lottery ticket to win a special prize found Mr. Kha to report the news. However, 2 lottery tickets in his pants pocket were torn off the head due to water soaking, only the middle part was left but not enough for the whole sequence of numbers. The family members went to receive the prize, especially Mr. Kha was refused to pay the prize by Hau Giang Lottery Co., Ltd. due to torn lottery tickets, loss of wooden marks... not eligible under Circular 75/2013/TT-BTC.

Stating his views on this issue, lawyer Hoang Anh Son (Ho Chi Minh City Bar Association) said that according to the provisions of Clause 1, Article 31 of Circular 75/2013 of the Ministry of Finance - detailed guidance on lottery business activities, the conditions for lottery tickets to receive prizes must remain intact, original size, not torn, not patched, not erased, not repaired and still within the prescribed reward period...

However, according to this Circular, in case due to objective reasons, the winning lottery ticket is torn apart but there are still sufficient grounds to determine the original shape, authenticity of the ticket, the ticket is not suspected of fraud, the torn position does not affect the factors to determine the winner, the lottery company shall organize verify, verify and decide whether to pay or refuse to pay rewards to customers. The decision-making authority is the Chairman and General Director (Director) of the lottery company specified in the Rules for participation in the lottery prize specified in Article 8 of this Circular.

Thus, according to the lawyer, Hau Giang Construction Lottery Company refused to pay Mr. Kha a prize on a basis. However, the fact that the 2 lottery tickets were torn had an objective cause, not intentional fraud to win the prize, so Hau Giang Construction Lottery Company could consider resolving the case in a rational and non-rigid way.

Moreover, Mr. Kha's two lottery tickets belong to approximately 10 identical lottery tickets, all of which have the same sequence of 916303 numbers issued by Hau Giang Lottery Company Limited that Mr. Kha's relatives (given) have received prizes.

"This is an important legal basis for Hau Giang Lottery Company to consider thoroughly, sympathize, and create conditions for Mr. Kha to receive the prize," said lawyer Son, adding that Mr. Kha should quickly make a specific statement explaining the reason why the winning lottery ticket was torn. then come to ask for confirmation from the owner of the lottery ticket dealer, related people and government agencies, communes and wards where they reside.

Next, Mr. Kha should ask the lottery company to organize verification and verification to comprehensively consider the winning lottery ticket to see the decision to pay his prize.

Sharing the same opinion, lawyer Tran Minh Hung (Ho Chi Minh City Bar Association) said that in this case, the lottery ticket was torn because Mr. Kha negligently went into the lagoon to catch three knots, so it was soaked with water, not enough for the whole number sequence. This is considered an objective cause, not an intentional error, so Mr. Kha needs to ask the competent authority to conduct an assessment and see if the result of the torn part of the lottery ticket matches the pulp of the ticket issued by the Lottery Company.

Circular 75 stipulates that the conditions for paying lottery tickets must be intact, not torn apart, partly to ensure that prizes will not be paid for cases of suspected fraud and signs of fraud to ensure the interests of lottery companies.

"Here, Mr. Kha's torn lottery ticket is objective and negligent. If there is a result of inspection of the winning lottery ticket with the pulp of the ticket issued by the lottery company, in my opinion, the prize should be awarded to the buyer. Because although the lottery ticket is torn, it still ensures authenticity, is not counterfeited, patchwork or erased. The winner has all the grounds and grounds to receive the prize," said lawyer Hung.

Last year, a woman in Thang Binh district, Quang Nam, did not receive a special prize of 2 billion VND on the grounds that the lottery ticket was partially torn. After that, she filed a lawsuit against the lottery ticket issuer, Thua Thien Hue Lottery Company Limited.

In order to avoid the occurrence of unfortunate and troublesome incidents like the above, lottery ticket buyers need to carefully preserve and preserve the purchased lottery tickets.

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