Vietnam: What are the penalties for online football betting in 2022 World Cup period? What is the hotline serving the reporting on football betting in the 2022 World Cup period?
Shall Vietnamese citizens be arrested upon online football betting?
Online football betting is understood as a form of football betting through the Internet. Bettors make online bets at websites providing betting services.
The act of illegally gambling under current regulations does not distinguish between the implementation forms. Accordingly, the act of online football betting is currently considered as illegal gambling and is prohibited by law. Especially, when the 2022 World Cup is taking place, online football betting is one of the common ongoing violations prohibited by law.
In addition, the content in Official Dispatch 196/TANDTC-PC in 2018 has the following instructions:
- The use of the internet, computer networks, telecommunications networks, electronic devices to commit crimes specified at Point c, Clause 2, Article 321 and Point c, Clause 2, Article 322 of the Criminal Code is understood as the use of the internet, computer networks, telecommunications networks and electronic devices to gamble online (such as forming online gambling mats or using the internet, computer networks, telecommunications networks, electronic devices for organizing gambling, running gambling-dens).
- In case the offender use the internet, computer networks, telecommunications networks and other electronic devices to contract with each other (e.g. texting by phone, via email, zalo, viber.... to record numbers, bingo, horse racing betting...) without forming games that are lost with money or online artifacts, they do not fall into the case of "Using the internet, computer networks, telecommunications networks and electronic devices to commit crimes" specified at Point c, Clause 2, Article 321 and Point c, Clause 2, Article 322 of the Criminal Code.
Accordingly, the act of online football betting in 2022 World Cup period in particular and online football betting in general will be eligible for handling administrative violations and prosecuting for criminal liability as follows:
- Handling administrative violations:
Pursuant to Point d, Clause 5, Article 28 of Decree 144/2021/ND-CP stipulating as follows:
Illegal gambling
...
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;
Accordingly, Vietnamese citizens who bet on football online can be fined from VND 10,000,000 to VND 20,000,000.
This fine is applied to individuals. For organizations, the fine shall be doubled.
- Prosecuting for criminal liability:
Pursuant to Article 321 of the 2015 Criminal Code (amended by Clause 120, Article 1 of the 2017 Criminal Code) 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 offense or any of the offenses specified in Article 322 hereof or has an unspent conviction for the same offense or any of the offenses 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 offense committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:
a) The offense is committed in a professional manner;
b) The stake is assessed at VND ≥ 50,000,000;
c) The offense 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.
Article 322. Organizing gambling or running gambling-dens
1. Any person who organizes gambling or runs a gambling den in any of the following circumstances carries be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 01 - 05 years' imprisonment:
a) The offender uses a place under his/her ownership or management for ≥ 10 people to gamble at the same time or for ≥ 02 gambling mats with the stakes of ≥ VND 5,000,000;
b) The total value of stakes at a time is ≥ VND 20,000,000;
c) The offender provides pawnbroker services for gamblers; installs equipment serving the gambling; appoint people to guard or serve; prepares escape in case of raid; uses equipment for assisting the gambling;
d) The offender has incurred an administrative penalty or has an unspent conviction for the same offense or any of the offenses specified in Article 321 hereof .
2. This offense committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:
a) The offense is committed in a professional manner;
b) The illegal profit earned is ≥ VND 50,000,000;
c) Dangerous recidivism.
3. The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 or have part or all of his/her property confiscated.
Accordingly, Vietnamese citizens who bet on football online may face a penalty of 05 - 10 years' imprisonment if the act is committed in a professional manner; illegal profit earned is ≥ VND 50,000,000; they uses the Internet, computer networks, telecommunication networks, electronic devices for football betting or dangerous recidivism.
What is the hotline serving the reporting on football betting of Vietnam in the 2022 World Cup period?
Facing the complicated situation of many online gambling and football betting lines with the amount of trillions of dong in the 2022 World Cup period, the Ministry of Public Security announced a hotline to prevent betting in the 2022 World Cup period.
In case of detecting persons related to football betting in the 2022 World Cup period, Vietnamese citizens must promptly report to the nearest Police agency or through the hotline of the Criminal Police Department of the Ministry of Public Security at the phone number: 0692348569
Can transactions involved in online football betting in Vietnam be disabled?
Pursuant to Article 117 of the Civil Code 2015, under the effective conditions of a civil transaction, this transaction must ensure legality and the purpose and contents of the transaction are not contrary to the law and/or social ethics.
However, online gambling is illegal gambling. Therefore, transactions involved in online football betting can be identified as invalid civil transactions.
At this time, the previous transactions shall not be not recognized by the law and does not give rise to, change or terminate the civil rights and obligations of the parties from the time the transaction is established.
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