During Tet 2023, is playing money-based card games with payments made via bank transfer considered a violation of the law?
Is playing cards for money and paying via bank transfer a legal violation?
According to the provisions at point a, clause 2, Article 28 of Decree 144/2021/ND-CP regarding forms of illegal gambling as follows:
Illegal gambling behavior
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a) Illegal gambling in one of the following forms: xoc dia, ta la, to tom, tu lo kho, tam cuc, 3 cay, tu sac, do den, co the, Indian poker with 6 cards, Chinese poker with 13 cards, tien len with 13 cards, cock fighting, tai xiu or other forms for the purpose of winning or losing money, assets, or tangible items;
Gambling is a legal violation and will be penalized according to the legal regulations. At the same time, the law currently does not specify any particular payment method for gambling, betting amounts that would be considered a legal violation.
Thus, the act of gambling for the purpose of winning or losing money, assets, or tangible items by any payment method is considered a legal violation.
During Tet 2023, is playing cards for money and paying via bank transfer considered a legal violation?
How to handle administrative violations for playing cards for money and paying via bank transfer?
Handling administrative violations for the act of playing cards and paying via bank transfer can be addressed according to the provisions of Article 28 of Decree 144/2021/ND-CP as follows:
Illegal gambling behavior
1. A fine ranging from 200,000 VND to 500,000 VND will be imposed for the act of buying lottery numbers, betting numbers.
2. A fine ranging from 1,000,000 VND to 2,000,000 VND will be imposed for one of the following acts:
a) Illegal gambling in one of the following forms: xoc dia, ta la, to tom, tu lo kho, tam cuc, 3 cay, tu sac, do den, co the, Indian poker with 6 cards, Chinese poker with 13 cards, tien len with 13 cards, cock fighting, tai xiu or other forms for the purpose of winning or losing money, assets, or tangible items;
b) Gambling with illegal electronic games;
c) Illegal betting in sports competitions, entertainment activities, or other activities.
3. A fine ranging from 2,000,000 VND to 5,000,000 VND will be imposed for one of the following acts:
a) Accepting deposits, pawn services, illegal loans at casinos or other gambling places;
b) Selling lottery numbers, betting numbers, betting sheets, other publications for betting numbers, forwarding to others for commission;
c) Assisting or concealing illegal gambling;
d) Protecting illegal gambling spots;
e) Owners or managers of electronic games, business establishments, or other service establishments that fail to prevent gambling activities under their management.
4. A fine ranging from 5,000,000 VND to 10,000,000 VND will be imposed for one of the following acts of organizing gambling:
a) Recruiting, enticing, gathering others to gamble illegally;
b) Using houses, accommodation places, vehicles, or other locations managed by the individual for illegal gambling;
c) Setting up illegal electronic gambling machines;
d) Organizing illegal money betting activities.
5. A fine ranging from 10,000,000 VND to 20,000,000 VND will be imposed for one of the following acts of organizing betting:
a) Being the main organizer of lottery betting;
b) Organizing the production and distribution of betting sheets or other publications for lottery betting;
c) Organizing networks to sell lottery numbers or betting numbers;
d) Organizing betting in sports competitions, entertainment activities, or other activities for gambling purposes.
6. Additional penalties:
a) Confiscation of illegal items and means used for administrative violations as provided in clause 1, clause 2, points a and b clause 3, points b, c and d clause 4 and clause 5 of this Article;
b) Suspension of activities for 06 months to 12 months for violations specified in point e of clause 3 of this Article;
c) Deportation of foreigners who commit administrative violations specified in clauses 1, 2, 3, 4, and 5 of this Article.
7. Remedial measures:
Compelling the return of illegal benefits obtained through the conduct of violations specified in clause 1, clause 2, points a and b of clause 3, points b, c and d of clause 4 and clause 5 of this Article.
Thus, individuals engaged in gambling activities can be fined from 1 million VND to 20 million VND corresponding to the level of violation.
Note: For organizations participating in the aforementioned violations, the fines are doubled compared to those imposed on individuals.
Is paying for gambling via bank transfer subject to imprisonment?
Based on Article 321 of the Criminal Code 2015 (amended and supplemented by clause 120 of Article 1 of the Law Amending the Criminal Code 2017), the provisions are as follows:
Gambling offense
1. Any person who illegally gambles in any form with winnings or losses in money or items from 5,000,000 VND to under 50,000,000 VND, or under 5,000,000 VND but has been administratively penalized for this act or the act specified in Article 322 of this Code or has been convicted of this offense or the offense specified in Article 322 of this Code and has not yet had the criminal record expunged and continues to violate, shall be fined from 20,000,000 VND to 100,000,000 VND, subject to non-custodial reform for up to 03 years or imprisoned for 06 months to 03 years.
2. Committing the offense under one of the following circumstances shall be subject to imprisonment from 03 years to 07 years:
a) Organized crime;
b) The money or items used for gambling are worth 50,000,000 VND or more;
c) Using the internet, network, telecommunication, or electronic means to commit the offense;
d) Dangerous recidivism.
3. The offender can also be fined from 10,000,000 VND to 50,000,000 VND.
Accordingly, individuals engaging in the act of gambling and paying via bank transfer can be prosecuted for gambling offenses and may face imprisonment from 06 months to 03 years depending on the severity of the crime.
In cases where the gambling act performed via bank transfer falls under clause 2 of this Article, the imprisonment can range from 03 years to 07 years.
Moreover, a fine from 10 million VND to 50 million VND can also be imposed.
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