Vietnam: What are the penalties imposed on entities gambling with stakes assessed under VND 50,000,000? What is the minimum stake eligible for criminal prosecution for gambling?
What is the definition of illegal gambling in Vietnam?
Currently, illegal gambling is the act of gambling carried out in any form with the aim of gaining money or losses in kind without the permission of a competent state agency or without the permission of competent state agency but not in accordance with the provisions of the granted license.
Shall entities illegally gambling with stakes assessed under VND 50,000,000 be liable to criminal prosecution in Vietnam?
According to Article 321 of the 2015 Criminal Code amended and supplemented by Clause 120 Article 1 of the Law on Amendments to Criminal Code 2017 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.
From the above provision, an entity illegally gambling shall be liable to criminal prosecution in Vietnam when:
+ Illegally gambling in any shape or form with the stakes (in cash or kind) assessed at from VND 5,000,000 or more.
+ Illegally gambling in any shape or form with the stakes (in cash or kind) assessed under VND 50,000,000 despite the fact that he/she has incurred an administrative penalty for the same offence or organizing gambling or running gambling-dens or has an unspent conviction for the same offence or organizing gambling or running gambling-dens.
Thus, entities illegally gambling with stakes assessed under VND 50,000,000 despite the fact that he/she has incurred an administrative penalty for the illegal gambling or organizing gambling or running gambling-dens or has an unspent conviction for the illegal gambling or organizing gambling or running gambling-dens, will not be liable to criminal prosecution in Vietnam.
What are the penalties imposed on entities gambling with stakes assessed under VND 50,000,000 in Vietnam?
In fact, if entities gamble with stakes assessed under VND 50,000,000 in Vietnam for the first time, they will only face administrative penalties according to the provisions of Article 28 of Decree 144/2021/ND-CP 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
…
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;”.
Accordingly, based on the violation, the administrative penalty shall be determined according to the above provisions.
At the same time, additional penalties shall be imposed, including confiscation of the exhibits and means used for committing administrative violations, suspension of operation for 06 - 12 months in case of commission of the violation, and expulsion of foreigners committing the administrative violations
In addition, violators must return illegal profits.
If these violators have faced administrative penalties but still violate, they may be liable to criminal prosecution according to the provisions of Article 321 of the 2015 Criminal Code.
LawNet