Chương III Nghị định 06/2017/NĐ-CP: Tổ chức đua ngựa, đua chó sử dụng cho hoạt động kinh doanh đặt cược đua ngựa, đặt cược đua chó

Chapter III

ORGANIZATION OF HORSE AND/OR GREYHOUND RACES TO SERVE THE BUSINESS OF BETTING THEREON

Article 24. Requirements for organizing horse and/or greyhound races

1. Only enterprises having the Certificate of eligibility for the business of betting on horse and/or greyhound racing as prescribed in this Decree and enterprises specified in clause 1 Article 79 of this Decree may organize horse and/or greyhound races and use their results for betting.

2. The enterprise shall organize horse and/or greyhound races at racecourses licensed by competent authorities according to law.

3. A horse/greyhound race shall be organized only when the following requirements are fully satisfied:

a) There is racing charter established and issued by the enterprise;

b) There is a list of racing horses/greyhounds and jockeys registered in the race and information relevant thereto which is published not later than 24 hours before the beginning of the first race of the day;

c) Racing horses/greyhounds and jockeys registered in the race must fully satisfy the requirements prescribed by law and racing charter;

d) There are referees and race surveillance council as prescribed in this Decree;

dd) There are sufficient starting equipment and cameras to determine the horses/greyhounds finishing the race which are well operating, ensuring the accuracy and honesty in the organization of the race and determination of the racing results.

4. Races shall be organized according to the procedures specified in the racing charter issued by the enterprise.

Article 25. Racing charter

1. Any enterprise running a business of betting on horse/greyhound racing shall establish a Racing charter which shall be approved by the Ministry of Culture, Sports and Tourism and issued. Racing charter shall be conformable with law and shall include the following contents:

a) Requirements for racing horses/greyhounds;

b) Requirements for jockeys;

c) Procedures for registration of racing horses/greyhounds and jockeys;

d) Procedures for ranking and arrangement of racing schedule for such horses/greyhounds;

dd) Procedures for inspection of racing horses/greyhounds before and after the race and the determination of racing horses/greyhounds ineligible for participate in a race;

e) Responsibilities and powers of horses'/greyhounds’ owners, jockeys and referees;

g) Procedures for organization of a race and the determination of racing horses/greyhounds finishing a race;

h) Persons entitled to make final decision on the racing results;

i) Winning prizes and the division of the prize between the bet-organizing enterprise and the horses/greyhounds owners;

k) Violations against regulations and handling measures therefor;

l) Dispute handling;

m) Other provisions in accordance with law to serve the management of the enterprise.

2. At least 05 working days before the day on which the betting business begins, the bet-organizing enterprise shall:

a) Send the Racing charter to the Race surveillance council according to regulations in Article 29 of this Decree;

b) Publish the Racing charter at the racecourse, the main office of the enterprise, fixed ticket sales booths and on the enterprise's website (if any).

3. Any amendment to the Racing charter shall be approved by the Ministry of Culture, Sports and Tourism. The enterprise running a business of betting on horse/greyhound racing shall send an updated Racing charter to the Race surveillance council not later than 24 hours before the time the race starts. Concurrently, the enterprise shall publish the revised Racing charter according to point b clause 2 of this Article.

Article 26. Racing horses/greyhounds

1. The enterprise shall specify the requirements for racing horses/greyhounds which are used for the business of betting on horse/greyhound racing and the following requirements:

a) Such racing horses shall be those which have been broken in and trained for racing;

b) Such racing greyhounds shall be greyhounds which have been broken in and trained for racing.

2. Racing horses and/or greyhounds participating in each race shall be registered with the enterprise running the business of betting on horse/greyhound racing according to the racing charter and have separate name and number for identification when they cross the finish line.

3. The referee and the race surveillance council may apply for examination of any racing horse/greyhound in case of necessary or if any sign of cheat is found. Violations shall be handled according to the Racing charter and law provisions.

Article 27. Jockeys

1. The enterprise shall establish requirements for jockeys who riding horses in races serving the business of betting on horse/greyhound racing; such requirements shall be issued after being approved by the Ministry of Culture, Sports and Tourism. Any jockey shall satisfy the following requirements:

a) Being employees as prescribed by the Labor Code;

b) Having a Jockey certificate issued by an enterprise running the business of betting on horse/greyhound racing or a training institution providing jockey training;

c) Not being family of any racing horse’s owner, including spouse, parent, adoptive parent, adoptive child or natural brother or sister, whose horse participates in the race.

2. During the race, jockeys must fully comply with regulations in the Racing charter. Violations shall be handled according to the Racing charter and law provisions.

3. At least 05 working days before a horse race is organized, the enterprise running the business of betting on horse racing shall send a list of jockeys to the race surveillance council for management.

Article 28. Referee

1. A referee shall be selected by the enterprise running the business of betting on horse/greyhound racing and satisfy the requirements specified by the Ministry of Culture, Sports and Tourism.

2. The enterprise shall arrange sufficient referees to ensure the tight surveillance from the inspection of racing horses/greyhounds, leading of racing horses/greyhounds to the starting line, the supervision during the development of the race and the determination of racing horses/greyhounds crossing the finish line. A Referee board shall be established which includes a main referee to make final decisions on behalf of the Referee board and take responsibility for its decisions.

3. At least 05 working days before a greyhound race is organized, the enterprise running the business of betting on greyhound racing shall send a list of referees to the race surveillance council for management.

Article 29. Race surveillance council

1. People’s Committees of the provinces where the racecourses are located shall establish Race surveillance council on the basis of the request of the Service of Finance.

2. The Race surveillance council shall consist of representatives of the Service of Finance, the Services of Culture, Sports and Tourism, provincial Police office, the Service of Agriculture and Rural development and enterprises running the business of betting on horse/greyhound racing. Depending on the scale of the betting business and the actual conditions of specific province, the People's Committee of province shall decide the composition of the Race surveillance council provided that the system is streamlined while the efficiency is ensured.

3. The Race surveillance council shall have the following functions, tasks and powers:

a) Check the compliance with requirements for organization of horse/greyhound racing according to Article 24 of this Decree. If the enterprise is not eligible to organize a horse/greyhound race, the Race surveillance council shall make a record and request the enterprise to suspend the race to apply for consideration and handling by competent authorities according to law.

b) Directly supervise the organization of horse/greyhound racing according to the announced Racing charter;

c) Append signature on the racing result minute;

d) Carry out other functions and tasks prescribed by law.

4. Operation of the Race surveillance council

a) The Race surveillance shall have tasks and powers specified in clause 3 of this Article.

b) The supervision and inspection of the Race surveillance council shall be pursuant to law on betting business, the Operation regulation of the Race surveillance council issued by the People's Committee of province on the basis of the request of the Service of Finance and the announced Racing charter.

c) All the members of the Race surveillance council shall attend when carrying the task of the council. In case of force majeure where several member of the council fail to attend, then beside representative of the bet-organizing enterprise, at least 02 other members of the Race surveillance council shall present.

d) The Race surveillance council shall operate on the principle of consensus. If there are more than one different opinions about an issue, then:

- The decision shall be approved if it is approved by more than 50% of the presented members of the Race surveillance council;

- If the numbers of approved and disapproved members are equal, the decision shall be made under the decision of the Chairperson of the Race surveillance council.

dd) The Race surveillance council shall operate under a mechanism where each member can hold several positions, except the representative of the bet-organizing enterprise.

5. The Ministry of Finance shall provide guidance on the working regulation and wage mechanism for members of the Race surveillance council and other contents relevant to the organization and operation of the council.