Vietnam: What is the fine imposed on entities illegally playing cards and cockfighting during the Lunar New Year? May entities illegally playing cards and cockfighting be liable to criminal prosecution?
- What is the administrative penalty imposed on entities illegally playing cards and cockfighting in Vietnam?
- Shall persons concealing illegal playing of cards and cockfighting in Vietnam face penalties?
- What is the penalty imposed on entities enticing, inciting or gathering others for illegally playing cards and cockfighting in Vietnam?
- May entities illegally gambling in Vietnam be liable to criminal prosecution?
What is the administrative penalty imposed on entities illegally playing cards and cockfighting in Vietnam?
Under Clause 2, Article 28 of Decree 144/2021/ND-CP, the penalties imposed on entities illegally playing cards and cockfighting in Vietnam are specified as follows:
Illegal 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 competitions, entertainment or other activities.
Currently, Vietnamese law does not prohibit playing cards completely but only prohibits playing cards for money or other property.
Thus, playing cards and cockfighting for entertainment during the Lunar New Year does not violate the law, but illegally playing cards and cockfighting for money, property, and other items during the Tet holiday are violations against the law. A person who commits these acts will be fined from VND 1,000,000 to VND 2,000,000.
In addition, the exhibits and means used for committing administrative violations shall be confiscated. Under Clause 6 Article 28 of Decree 144/2021/ND-CP, foreigners committing administrative violations shall be expelled and benefits illegally obtained from the commission of the violation must be returned under Clause 7, Article 28 of Decree 144/2021/ND-CP.
* Note: This fine applies to individuals, the fine for the organization is double.
Shall persons concealing illegal playing of cards and cockfighting in Vietnam face penalties?
Under Clause 3, Article 28 of Decree 144/2021/ND-CP as follows:
Illegal gambling;
...
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
Thus, persons concealing illegal playing of cards and cockfighting in Vietnam will be fined from VND 2,000,000 to VND 5,000,000.
What is the penalty imposed on entities enticing, inciting or gathering others for illegally playing cards and cockfighting in Vietnam?
Under Clause 4, Article 28 of Decree 144/2021/ND-CP, a fine from VND 5,000,000 to VND 10,000,000 shall be imposed for one of the following acts:
Illegal gambling
...
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 others 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;
Thus, persons enticing, inciting or gathering others for illegally playing cards and cockfighting in Vietnam will be fined from VND 5,000,000 to VND 10,000,000.
Note: Under Clause 2 Article 4 of Decree 144/2021/ND-CP, this fine applies to individuals, the fine for the organization is double.
May entities illegally gambling in Vietnam be liable to criminal prosecution?
Under Article 321 of the 2015 Criminal Code amended and supplemented by Clause 120 Article 1 of the Law on Amendments to Criminal Code 2017, the criminal prosecution for illegal gambling is as follows:
- Penalty frame 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 organizing gambling or running gambling-dens 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.
- Penalty frame 2: This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:
+ The offence results in the death of a person;
+ The illegal profit earned is ≥ VND 200,000,000;
+ The offence has a negative impact on social security, order or safety.
In addition, the offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.
Thus, in case of meeting all the elements constituting a crime, entities illegally playing cards and cockfighting in Vietnam may be liable to criminal prosecution. Depending on the nature and danger of the offense, there will be different penalties for offenders such as non-custodial rehabilitation or imprisonment and the offender will face fines and additional penalties.
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