What is “Xóc đĩa” in Vietnam? What are the criminal penalties imposed on entities playing “Xóc đĩa” online?
What is “Xóc đĩa” in Vietnam?
“Xóc đĩa” is a game that originated in the North of Vietnam. With just some straightforward items such as plates, bowls, and coins, players can start the “Xóc đĩa” game.
First, all participants will place bets according to a specified limit. A person would put the coins on a plate, turn the bowl upside down, and shake them evenly, quickly so that no one could see them. The participant's task was to predict the outcome of the coins after opening the bowl.
Whether it is the way to play “Xóc đĩa” outside the gambling venue or the online form, it can be said that this is a very simple game compared to many other games. Depending on the amount of coins, the rules of the game have different betting doors. However, nowadays the majority usually use 2 or 4 coins. Thus, everyone participating will have more options and the game increases the drama.
Thus, “Xóc đĩa” is defined as gambling.
What are the criminal penalties imposed on entities playing “Xóc đĩa” online in Vietnam?
Pursuant to Article 321 of the 2015 Criminal Code amended by Clause 120 Article 1 of the 2017 Law on Amending the 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 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."
In Official Dispatch 196/TANDTC-PC in 2018:
....
"Using the internet, computer networks, telecommunications networks and electronic equipment to commit crimes" specified at Point c, Clause 2, Article 321 and Point c, Clause 2, Article 322 of the Criminal Code shall be understood as the use of the internet, computer networks, telecommunications networks and electronic equipment for online gambling (such as the formation of online gambling shows or the use of networks Internet, computer networks, telecommunications networks, electronic equipment for organizing gambling or running gambling-dens).
The offender's use of the internet, computer networks, telecommunications networks, and other electronic equipment to communicate with each other (e.g. texting by phone, via email, zalo, Viber.... to score numbers, bingo, horse racing betting...) without forming games that are lost in money or in kind online do not fall into the case of "Using the internet, computer networks, telecommunications networks and electronic equipment to commit crimes" specified at Point c, Clause 2, Article 321 and Point c, Clause 2, Article 322 of the Criminal Code.
Thus, the act of playing “Xóc đĩa” online is defined as illegal gambling using the internet.
When playing “Xóc đĩa” online through websites, players are identified as using the internet, computer networks, telecommunications networks, and electronic equipment to gamble online and may be liable to criminal prosecution under Point c, Clause 2, Article 321 of the 2015 Criminal Code amended by Clause 120, Article 1 of the 2017 Law on Amending the Criminal Code with a penalty of imprisonment from 03 years to 07 years.
Where do Vietnamese citizens play “Xóc đĩa” legally?
As analyzed, the act of playing “Xóc đĩa” online is defined as gambling.
Illegal gambling is the act of gambling carried out in any shape or form with the stakes (in cash or kind) without the permission of a competent state agency or permitted by a competent state agency but not in accordance with the provisions of the granted license.
Therefore, to play “Xóc đĩa” legally, players must play at places permitted by competent state agencies and comply with the license granted to the game providers.
Pursuant to the provisions of Clause 3, Article 12 of Decree 03/2017/ND-CP, a Vietnamese citizen can legally play games in which coins are shaken in a bowl at licensed casinos and pilot permission for Vietnamese citizens to play when meeting the following conditions:
- Is at least 21 years olds and fully capable of civil acts according to Vietnam’s laws;
- Is financially capable of playing in the casino. The gambler must have proof of having a current income of at least VND 10 million per month or being subject to grade-3 income tax as prescribed in the Law on personal income tax. The Ministry of Finance shall provide guidance on the documents proving the financial capacity of the gamblers;
- Has bought a casino entrance ticket. The price of such ticket shall be VND 01 million/24 continuous hours/person or VND 25 million/month/person; and
- Is not a person whose parent, adoptive parent, spouse, or natural child who has fully legal capacity or who himself/herself requests the casino-operating enterprise to prevent him/her from playing games at the casino;
- A Vietnamese citizen allowed to play in a casino shall use only VND for exchange for tokens; remaining or winning tokens may be re-exchanged for VND.
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