How is online gambling in Vietnam handled under the Criminal Code 2022? What are some forms of online gambling today?
What is online gambling in Vietnam?
Organizing online gambling in Vietnam is understood as the act of using the Internet, computer networks, telecommunications networks and electronic means to organize online gambling (according to Official Letter 196/TANDTC-PC 2018).
In Clause 1, Article 8 of the 2008 Law on High Technology, it is clear that prohibited acts, including:
Taking advantage of high-tech activities to harm national interests, national defense and security, and legitimate rights and interests of organizations and individuals.
Some popular acts of organizing online gambling today: Organizing gambling on the Internet through games of shrimp, crabs, fish, shock, laziness, fainting, ...; agency organizations run ads to guide gamblers to download applications to participate in gambling directly on personal computers or mobile phones...
How is online gambling in Vietnam handled under the Criminal Code 2022? What are some forms of online gambling today? (Pictures from the internet)
Is online gambling in Vietnam administratively sanctioned?
Pursuant to Clause 2, Article 28 of Decree 144/2021/ND-CP, a fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for one of the following acts:
- Illegal gambling in one of the forms such as jockey, dozen, shrimp nest, tu le khau, tam chrysanthemum, 3 trees, four colors, red and black, chess, 6-leaf Indian army, gray chess 13 leaves, advance 13 cards, fight cocks, lose money or other forms with the aim of winning or losing with money, property or kind;
- Gambling with illegal machines and electronic games;
- Unauthorized betting in sports, entertainment or other activities.
Therefore, the act of gambling online in Vietnam ie gambling by machine will be administratively fined from 1,000,000 VND to 2,000,000 VND.
In addition, online gamblers are also subject to additional penalties of confiscation of material evidences and means of administrative violations and forced return of illegal profits obtained from committing violations.
Is online gambling in Vietnam subject to criminal prosecution?
Pursuant to Article 321 of the 2015 Penal Code (amended by Clause 120, Article 1 of the Penal Code Amendment Law 2017), the criminal handling of gambling acts is as follows:
- Any person who illegally gambles in any form may lose in cash or in kind valued at between VND 5,000,000 and under VND 50,000,000 or under VND 5,000,000 but has been administratively sanctioned for administrative violations. For this offense or the act specified in Article 322 of this Code, or having been sentenced for this crime or the crime specified in Article 322 of this Code, not yet entitled to criminal record remission but still commits it, the offenders shall be subject to a fine of from 20,000 VND. 000 VND to 100,000,000 VND, a non-custodial reform for up to 3 years or a prison term of between 6 months and 3 years.
- Committing the crime in one of the following circumstances, the offenders shall be sentenced to between three and seven years of imprisonment:
+ Be of a professional nature;
+ Money or kind used for gambling valued at VND 50,000,000 or more;
+ Using the internet, computer networks, telecommunications networks or electronic means to commit crimes;
+ Dangerous recidivism.
- Offenders may also be fined from VND 10,000,000 to VND 50,000,000.
In addition, if an online gambling organization in Vietnam is held, it will be examined for penal liability under the crime of organizing gambling or gambling specified in Article 322 of the Penal Code 2015 (amended by clause 121 of Article 1 of the Law on Amendment of the Code). changed the Penal Code 2017) as follows:
- Those who organize illegal gambling or gambling in one of the following cases shall be subject to a fine of between VND 50,000,000 and 300,000,000 or a prison term of between 01 and 05 years:
+ Organizing for 10 or more gamblers at the same time and the total amount of money and artifacts used for gambling is worth 5,000,000 VND or more, or organizing 02 or more gambling shows at the same time where the total amount of money, current gambling objects worth 5,000,000 VND or more;
+ Using a place under its ownership or management to let 10 people gamble or more at the same time with a total amount of money and artifacts used for gambling worth VND 5,000,000 or more or for 2 or more silver mats. up at the same time that the total amount of money and artifacts used for gambling is worth 5,000,000 VND or more;
+ The total amount of money and kind used to gamble in the same time is worth 20,000,000 VND or more;
+ Having an organization where property is pledged for gamblers; having installed equipment in service of gambling or assigned guards and attendants when gambling; arrange escape when being surrounded, use means to aid in gambling;
+ Has been administratively sanctioned for one of the acts specified in this Article or the act specified in Article 321 of this Code or has been sentenced for this crime or the crime specified in Article 321 of the Code In this case, the criminal record has not been expunged, but it is still violated.
- Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 5 and 10 years of imprisonment:
+ Be of a professional nature;
+ Gaining illegal profits of VND 50,000,000 or more;
+ Using the internet, computer networks, telecommunications networks or electronic means to commit crimes;
+ Dangerous recidivism.
Currently, the law does not provide for the Criminal Code 2022, so for your question about "Is the act of online gambling in Vietnam subject to administrative or criminal sanctions under the Criminal Code 2022?" What are some popular forms of online gambling today? will be adjusted under the 2015 Penal Code (amended and supplemented by the 2017 Penal Code Amendment Law).
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