May persons playing online sic bo in Vietnam face imprisonment penalties? What are the administrative penalties for playing online sic bo?
Is playing online sic bo in Vietnam considered using the internet to gamble?
According to Official Dispatch 196/TANDTC-PC in 2018, the guidance is as follows:
Using the internet, computer networks, telecommunications networks and electronic equipment to commit crimes" specified at Point c, Clause 2, Article 321 and Point c, Clause 2, Article 322 of the Criminal Code shall be understood as the use of the internet, computer networks, telecommunications networks and electronic equipment for online gambling (such as the formation of online gambling shows or the use of networks Internet, computer networks, telecommunications networks, electronic equipment for organizing gambling or running gambling-dens).
The offender's use of the internet, computer networks, telecommunications networks, and other electronic equipment to communicate with each other (e.g. texting by phone, via email, zalo, Viber.... to score numbers, bingo, horse racing betting...) without forming games that are lost in money or in kind online do not fall into the case of "Using the internet, computer networks, telecommunications networks and electronic equipment to commit crimes" specified at Point c, Clause 2, Article 321 and Point c, Clause 2, Article 322 of the Criminal Code.
Thus, the act of playing online sic bo is considered using the internet, computer networks, telecommunications networks, and electronic means to commit the crime of gambling.
May persons playing online sic bo in Vietnam face imprisonment penalties?
According to Article 321 of the Criminal Code 2015, amended by Clause 120, Article 1 of the Law on Amendments to the Criminal Code 2017, the regulations on gambling are as follows:
Illegal gambling
1. A person who illegally gambles in any shape or form with the stakes (in cash or kind) assessed at from VND 5,000,000 to under VND 50,000,000, or under VND 5,000,000 despite the fact that he/she has incurred an administrative penalty for the same offence or any of the offences specified in Article 322 hereof or has an unspent conviction for the same offence or any of the offences specified in Article 322 hereof shall be liable to a fine of from VND 20,000,000 to VND 100,000,000, face a penalty of up to 03 year's community sentence or 06 - 36 months' imprisonment.
2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:
a) The offence is committed in a professional manner;
b) The stake is assessed at VND ≥ 50,000,000;
c) The offence is committed using the Internet, a computer network, telecommunications network or electronic device;
d) Dangerous recidivism.
3. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.
According to these regulations, any act of playing online sic bo with the stakes (in cash or kind) assessed at from VND 5,000,000 to under VND 50,000,000, or under VND 5,000,000 despite the fact that he/she has incurred an administrative penalty for the same offence or previously convicted of gambling crimes that reoffends may result in 6 months - 7 years' imprisonment.
Additionally, the offender may also be fined from VND 10,000,000 to VND 50,000,000.
May persons playing online sic bo in Vietnam face imprisonment penalties? What are the administrative penalties for playing online sic bo if it is ineligible for criminal prosecution? (Image from the Internet)
What are the administrative penalties for playing online sic bo if it is ineligible for criminal prosecution in Vietnam?
According to Article 28 of Decree 144/2021/ND-CP, the regulations on administrative penalties for illegal gambling are as follows:
Illegal gambling;
1. A fine of from VND 200.000 to VND 500.000 shall be imposed for participation in lottery-based gambling:
2. A fine of from VND 1.000.000 to VND 2.000.000 shall be imposed for any of the following violations:
a) Illegally gambling with one of the forms such as “xoc dia”, “ta la”, “to tom”, “tu lo kho”, “tam cuc”, “3 cay”, “tu sac”, “do den”, “co the”, “binh an do 6 la”, “binh xap xam 13 la”, “tien len 13 la”, “da ga”, “tai xiu” or other forms which are lost or won in cash, property or in kind;
b) Gambling with machine or illegal electronic games;
c) Illegally betting in sports competition, entertainment or other activities.
3. A fine of from VND 2.000.000 to VND 5.000.000 shall be imposed for any of the following violations:
a) Illegally receiving deposit, pawn or loan at casinos or other gambling places;
b) Selling illegal lottery number, lottery sheet or printed matters used for playing illegal lottery; handing them over to another person to receive commissions;
c) Assisting, concealing the illegal gambling;
d) Protecting illegal casinos or other gambling places;
dd) An owner, a manager of machine or illegal electronic games, a head of business establishment in term of electronic games or another business establishment allows illegal gambling to happen at their establishments due to lack of sense of responsibility
4. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for one of the acts of gambling organization as follows:
a) Enticing, inciting or gathering people for illegal gambling;
b) Using home or accommodation or other means and locations to organize the gambling;
c) Illegally placing gambling or electronic game machine;
d) Organizing illegal betting activities;
5. A fine of from VND 10.000.000 to VND 20.000.000 shall be imposed for one of acts of organizing the illegal lottery as follows:
a) As a banker;
b) Organizing the production and distribution of illegal lottery sheets or other printed matters used for illegal lottery playing;
c) Organizing network for sales of illegal lottery;
d) Organizing the betting in sports competition activities, entertainment or in the other forms to play gambling for money;
6. Additional penalties:
a) Confiscate the exhibits and means used for committing administrative violations specified in Clause 1, Clause 2; Points a and b Clause 3 and Points b,c and dd Clauses 4 and 5 of this Article;
b) Suspend operation for 06 - 12 months in case of commission of the violation specified in point d Clause 3 of this Article;
c) Expel foreigners committing the administrative violations specified in Clauses 1, 2, 3, 4 and 5 of this Article.
7. Remedial measure:
Enforced return of benefits illegally obtained from the commission of the violation in Clause 1, Clause 2 or Points a and b Clause 3; points b, c and d Clauses 4 and 5 of this Article;”.
According to the above regulations, anyone who plays online sic bo, if not reaching the extent of criminal prosecution, will face administrative penalties, including a fine of between VND 1,000,000 and VND 2,000,000, confiscation of violation exhibits, and compulsory return of illicit gains obtained.
LawNet
