CASE LAW NO. 60/2023/AL On the Time Limit for Payouts of Traditional Lottery Winnings (Please note that this image is not related to the specific case being discussed).

CASE LAW NO. 60/2023/AL

On the Time Limit for Payouts of Traditional Lottery Winnings

Approved by the Judicial Council of the Supreme People’s Court on February 1^st, 2^nd, and 3^rd, 2023, and published under Decision No. 39/QĐ-CA on February 24^th, 2023, of the Chief Justice of the Supreme People’s Court.

Source of the Case Law:

The Cassation Decision No. 239/2022/DS-GĐT dated September 5^th, 2022, of the Judicial Committee of the High People’s Court in Hồ Chí Minh City regarding the case of “Dispute over the payout of traditional lottery winnings” between the plaintiff, Mr. Thái Hữu T, and the defendant, One-Member Limited Liability Traditional Lottery Company A.

Location of the Case Law’s Content:

Paragraphs 2, 3, 4, 5 and 7 of the “Court’s Opinion” section.

Summary of the Case Law:

– Case Background:

The rules for participating in the traditional lottery issued by the lottery company stipulate that the payout period for winning tickets is calculated by the day.

– Legal Resolution:

In this case, the Court must determine that the first day of the period is not counted but instead is calculated from the next consecutive day, as stipulated in Clause 2, Article 147 of the 2015 Civil Code. The last day of the payout period is determined according to the provisions of Article 148 of the 2015 Civil Code.

Relevant Legal Provisions:

– Clause 2, Article 147; Clauses 1, 5, and 6, Article 148 of the 2015 Civil Code;

– Clause 1, Article 30 of Circular No. 75/2013/TT-BTC dated June 4, 2013, of the Ministry of Finance guiding detailed regulations on lottery business activities.

Keywords:

“Dispute over lottery winnings payout”; “Lottery business”; “Payout period”.

CASE DETAILS

The Plaintiff, Mr. Thái Hữu T, duly represented by Mr. Nguyễn Văn H, presents the following facts in support of his claim:

On October 29^th, 2020, Mr. T purchased a lottery ticket (serial number AG-10K5, number F123007) from Traditional Lottery Company A, for the grand prize of VND 2,000,000,000. Due to work commitments, Mr. T did not follow the drawing or subsequently check the numbers. Only on November 28^th, 2020, at 10:00 pm, did Mr. T discover his winning ticket. He attempted to contact Traditional Lottery Company A by phone that night but received no response.

The following day, November 29^th, Mr. T presented the winning ticket to the Company. However, being a Sunday, the Company was closed. Despite encountering a non-operational office, Mr. T met with the security guard and Ms. Nguyễn Thị Kim T1, an employee from the payout and treasury department. Unfortunately, he was unable to claim his winnings and was instructed to complete a late payout request.

Mr. T complied by submitting the necessary paperwork, including a written explanation for the delay. This explanation detailed his need to take his mother to the hospital and transport her back to their V District home after purchasing the ticket. However, Traditional Lottery Company A determined the last day of the payout period to be November 27th, 2020, effectively denying Mr. T’s claim.

The Plaintiff contends that the Company’s decision is demonstrably incorrect. As per the 2015 Civil Code, if the designated last day for payout falls on a Saturday, as in this case with November 28^th, 2020, the legal deadline should be extended to the following business day, November 30^th, 2020.

Therefore, based on the aforementioned facts and legal interpretation, the Plaintiff respectfully requests that the Court order Traditional Lottery Company A to fulfill its obligation and pay Mr. Thái Hữu T the full VND 2,000,000,000 prize for the winning lottery ticket.

The defendant’s representative, Mr. Võ Trung D, made the following statement:

The Defendant respectfully contests the Plaintiff’s claim. This opposition is grounded in several key legal instruments:

Firstly, the participation rules for lottery tickets issued by the Company are paramount. These rules, attached to Decision No. 22/QĐ.XS dated March 4^th, 2020, have been demonstrably made public. Additionally, Circular No. 75/2013/TT-BTC dated June 4^th, 2013, issued by the Ministry of Finance, provides further guidance on lottery activities.

Secondly, Clause 1, Article 145 of the 2015 Civil Code is relevant. This clause, along with the information clearly displayed on the winning lottery ticket itself (including the draw date of October 29^th, 2020), establishes the critical time frame for claiming winnings. Notably, the draw date is explicitly counted as one day within the designated 30-day payout period. Based on this calculation, the payout period definitively concluded on November 27^th, 2020.

While Mr. T did present the lottery ticket on November 29^th, 2020, it is crucial to recognize this date fell on a Sunday, rendering the Company inoperable. Therefore, the official claim submission occurred on December 1^st, 2020, demonstrably exceeding the established payout window.

Furthermore, Traditional Lottery Company A actively sought clarification from the Ministry of Finance. Dispatch No. 16055/BTC-TCNH dated December 30th, 2020, definitively confirmed: “… the date of determining the winning result is the draw date, counted as one day within the 30-day payout period for the winning lottery ticket. Therefore, for the draw date of October 29^th, 2020, the end of the payout period is November 27^th, 2020. Beyond this period, traditional lottery tickets and manual lottery tickets are no longer valid for claiming winnings”.

In the First-instance Civil Judgment No. 71/2021/DS-ST dated April 28^th, 2021, of the People’s Court of Long Xuyên City, An Giang Province, the decision was as follows:

The claim of Mr. Thái Hữu T against Traditional Lottery Company A for the payout of VND 2,000,000,000 was denied.

Additionally, the first-instance court made decisions regarding court fees and the right to appeal for the parties involved.

On November 14^th, 2019, Mr. Thái Hữu T filed an appeal against the entire aforementioned First-instance Civil Judgment.

In the Appellate Civil Judgment No. 89/2021/DS-PT dated August 13^th, 2021, of the People’s Court of An Giang Province, the decision was as follows:

The plaintiff’s appeal by Mr. Thái Hữu T was accepted;

The First-instance Civil Judgment No. 71/2021/DS-ST dated April 28^th, 2021, of the People’s Court of Long Xuyên City was amended;

The plaintiff’s claim by Mr. Thái Hữu T against the defendant, One-Member Limited Liability Traditional Lottery Company A, was accepted;

One-Member Limited Liability Traditional Lottery Company A was required to pay the winnings to Mr. Thái Hữu T for the winning lottery ticket with the serial number AG-10K5 and number F123007, with the special prize of VND 2,000,000,000, issued by One-Member Limited Liability Traditional Lottery Company A, with the drawing date of October 29^th, 2020.

Additionally, the appellate court made decisions regarding court fees.

On September 9^th, 2021, One-Member Limited Liability Traditional Lottery Company A filed a petition for cassation review against the aforementioned Appellate Civil Judgment.

On September 23^rd, 2021, the People’s Procuracy of An Giang Province issued Document No. 1180/TB-VKS-DS/BC recommending a cassation review against the aforementioned Appellate Civil Judgment.

In the Cassation Appeal Decision No. 35/2022/QĐ-VKS-DS dated January 21^st, 2022, the Chief Procurator of the High People’s Procuracy in Hồ Chí Minh City requested a cassation review of the aforementioned Appellate Civil Judgment, proposing that the Judicial Committee of the High People’s Court in Hồ Chí Minh City conduct a cassation review to vacate the entire Appellate Civil Judgment No. 89/2021/DS-PT dated August 13^th, 2021, of the People’s Court of An Giang Province and to uphold the First-instance Civil Judgment No. 71/2021/DS-ST dated April 28^th, 2021, of the People’s Court of Long Xuyên City.

During the trial, the representative of the High People’s Procuracy in Hồ Chí Minh City proposed that the Judicial Committee accept the petition for cassation review filed by the Chief Procurator of the High People’s Procuracy in Hồ Chí Minh City.

COURT’S OPINION:

[1] According to Clause 1, Article 12 of the Rules for Participating in the Traditional 6-Digit Lottery (issued under Decision No. 22/QĐ.XS dated March 4th, 2020, by Traditional Lottery Company A and Dispatch No. 16055/BTC-TCNH dated December 30^th, 2020, by the Ministry of Finance), the determination of November 27^th, 2020, as the end date for the payout period does not align with provisions in the 2015 Civil Code.

[2] Clause 1, Article 30 of Circular No. 75/2013/TT-BTC dated June 4^th, 2013, stipulates that the payout period for winning lottery tickets is 30 days from the date the winning result is determined or from the expiration date of the ticket’s validity. The traditional 6-digit lottery ticket with serial number AG-10K5 and number F123007, issued by Traditional Lottery Company A on October 29^th, 2020, had its draw on the same day. The back of the ticket explicitly states that unclaimed winnings beyond the 30-day period will revert to the state budget.

[3] In accordance with these regulations, it is evident that Traditional Lottery Company A and its ticket purchasers adhere to the general rule of calculating periods in terms of “days”. Clause 2, Article 147 of the 2015 Civil Code specifies that when periods are delineated by days, weeks, months, or years, the first day of the period is excluded, starting from the subsequent day.

[4] For the traditional 6-digit lottery ticket AG-10K5, dated October 29^th, 2020, issued by Traditional Lottery Company A, the draw occurred on the same day. Therefore, the 30-day period commences from October 30^th, 2020, and concludes at 24:00 (twenty-four hours) on the final day, as stipulated in Point e, Clause 1, Article 146 of the 2015 Civil Code.

[5] Mr. Thái Hữu T asserted that upon discovering his winning ticket at 22:00 on November 28^th, 2020, he made repeated attempts to contact Traditional Lottery Company A using the contact number printed on the ticket. On November 29^th, 2020, Mr. T personally visited Traditional Lottery Company A and was informed by Ms. Nguyễn Thị Kim T1 that, “Mr. T visited the Company on November 29^th, 2020, to report the winning ticket. In accordance with Circular No. 75 of the Ministry of Finance, the ticket had expired. On Tuesday, December 1^st, 2020, Mr. T brought the ticket AG-10K5 dated October 29, 2020, along with a request for reconsideration, which was received by the Payout and Treasury Department”.

[6] As per Clauses 1, 5, and 6 of Article 148 of the 2015 Civil Code:

1. When calculated by day, the period concludes at the end of the last day.
2. If the last day falls on a weekend or public holiday, the period extends to the end of the following working day.
3. The period ends at 24:00 on the final day.

[7] Based on the above legal analysis, the appellate court concluded that Mr. T’s winning lottery ticket remained within the 30-day payout period stipulated by Traditional Lottery Company A. Therefore, Mr. T’s claim was deemed valid. Traditional Lottery Company A is legally obligated to pay Mr. Thái Hữu T the VND 2,000,000,000 special winning for the winning lottery ticket AG-10K5 with number F123007.

In light of the foregoing,

Pursuant to Article 337 and Article 343 of the Civil Procedure Code;

IT IS DECIDED:

1. The Petition for Cassation Review No. 35/2022/QĐ-VKS-DS dated January 21^st, 2022, by the Chief Procurator of the High People’s Procuracy in Hồ Chí Minh City is denied.
2. The Appellate Civil Judgment No. 89/2021/DS-PT dated August 12^th, 2021, of the People’s Court of An Giang Province in the case “Dispute over the payout of traditional lottery winnings” between the plaintiff, Mr. Thái Hữu T, and the defendant, One-Member Limited Liability Traditional Lottery Company A, is upheld.
3. The cassation review decision is effective from the date of issuance.

CONTENT OF THE CASE LAW:

“[2] Clause 1, Article 30 of Circular No. 75/2013/TT-BTC dated June 4th, 2013, stipulates that the payout period for winning lottery tickets is 30 days from the date the winning result is determined or from the expiration date of the ticket’s validity. The traditional 6-digit lottery ticket with serial number AG-10K5 and number F123007, issued by Traditional Lottery Company A on October 29, 2020, had its draw on the same day. The back of the ticket explicitly states that unclaimed winnings beyond the 30-day period will revert to the state budget.

[3] In accordance with these regulations, it is evident that Traditional Lottery Company A and its ticket purchasers adhere to the general rule of calculating periods in terms of “days.” Clause 2, Article 147 of the 2015 Civil Code specifies that when periods are delineated by days, weeks, months, or years, the first day of the period is excluded, starting from the subsequent day.

[4] For the traditional 6-digit lottery ticket AG-10K5, dated October 29, 2020, issued by Traditional Lottery Company A, the draw occurred on the same day. Therefore, the 30-day period commences from October 30, 2020, and concludes at 24:00 (twenty-four hours) on the final day, as stipulated in Point e, Clause 1, Article 146 of the 2015 Civil Code…

…

[6] As per Clauses 1, 5, and 6 of Article 148 of the 2015 Civil Code:

1. When calculated by day, the period concludes at the end of the last day.
2. If the last day falls on a weekend or public holiday, the period extends to the end of the following working day.
3. The period ends at 24:00 on the final day.

[7] Based on the above legal analysis, the appellate court concluded that Mr. T’s winning lottery ticket remained within the 30-day payout period stipulated by Traditional Lottery Company A. Therefore, Mr. T’s claim was deemed valid. Traditional Lottery Company A is legally obligated to pay Mr. Thái Hữu T the VND 2,000,000,000 special winnings for the winning lottery ticket AG-10K5 with number F123007.”

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