05 judgments on illegal gambling in Vietnam

According to Article 322 of the Criminal Code 2015 of Vietnam, amended and supplemented in 2017, the crime of illegal gambling is prescribed as follows:

"1. Any person who illegally organizes gambling or gambling in one of the following circumstances 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:

a) Organizing for 10 or more gamblers at the same time with the total amount of money and artifacts used for gambling worth 5,000,000 VND or more or organizing 02 or more gambling games at the same time where the total amount, gambling artifacts valued at VND 5,000,000 or more;

b) Using a place under their ownership or management to let 10 people gamble or more at the same time with the total amount of money and artifacts used for gambling worth VND 5,000,000 or more or for 02 silver mats. or more at the same time that the total amount of money and kind used for gambling is worth 5,000,000 VND or more;

c) The total amount of money and kind used to gamble at the same time is worth VND 20,000,000 or more;

d) Having an organization where the property is pledged for gamblers; having installed equipment in service of gambling or assigned guards and attendants when gambling; arranging escape when being surrounded, using means to aid in gambling;

dd) 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 Ministry of Finance. This law has not yet been expunged but has been violated.

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 5 and 10 years of imprisonment:

a) Be of a professional nature;

b) Gaining illicit profits of VND 50,000,000 or more;

c) Using the internet, computer networks, telecommunications networks or electronic means to commit crimes;

d) Dangerous recidivism”

Here are five sentences for organizing gambling:

1. Judgment on the crime of organizing gambling No. 384/2020/HSPT

- Judgment level: Appellate

- Judicial body: Hanoi People's Court

- Summary of the case: Since the beginning of 2019, Nguyen Anh T has known a subject named D "Xuan La" (identity has not been determined), knew that D received the batch list, so T asked to sell the lot number, and then transfer it back to Dung to enjoy the difference. Every day, T uses the phone to receive messages to buy batch numbers, thread numbers, and skewers of all kinds delivered by customers at different prices. Depending on each customer, Tuan sells lots at different prices. When the customer sends a message to buy the lot number, the number of threads, and the number of skewers, T will text back the number corresponding to the number of messages that the customer texted to confirm the sale of the lot number, thread number, and the number of skewers. Then T transfers to D "Xuan La" at a higher price so that T can benefit from 50 to 100 VND/ 1 lot, 50 to 250 VND/10,000 VND on premise, and 200 VND/10,000 VND for skewers.

2. Judgment on the crime of organizing gambling No. 252/2021/HSST

- Level of trial: First instance

- Judicial body: People's Court of Hai Ba Trung district, Hanoi city

- Summary of the case: In June 2020 Vu Thi Kim L rented a house and asked her friend, Mr. Pham Van C, to sign a contract to act as a construction lottery agent with the company. After that, L hired her sister-in-law, Nguyen Thi Quynh T, to sell the lottery with a salary of 6,000,000/month. Around January 2021, a young man named P used the phone number 096xxxxx34 to go to the store, asked L to sell more lots, and then transferred the cable board to P to benefit, L agreed. P will go directly to L to get the cable board and pay the previous day's winnings and losses. After negotiating with P, L discussed with T selling more lots and lots of skewers. When customers come to buy lottery numbers, they will be returned by T and L to show the original lottery numbers, while T and L will keep the carbon paper for collection and comparison if the customer wins the lottery. Every day, L and T sell the number of plots to customers in need, then T will collect the number of plots sold to customers during the day into a cable table written by L convention. L is the person who collects the money to sell the lot, issues and pays the winning customers.

3. Judgment on the crime of organizing gambling No. 58/2021/HS-ST

- Level of trial: First instance

- Judicial body: People's Court of Phu Xuyen District, Hanoi City

- Summary of the case: On the evening of May 10, 2021, Bui Van H, along with Nguyen Van C, Vu Van C and Le Minh S sat and gambled for money in the form of Ta Lu and Lieng. They gambled until about 21.45 when the police of Commune C discovered them and caught them red-handed. On the gambling mat, the total amount of money is 4,830,000 VND, while on the gambling screen, the amount of money that the subjects have and will use to gamble at this mat is 4,085,000 VND.

4. Judgment on the crime of organizing gambling No. 85/2021/HS-ST

- Level of trial: First instance

- Judicial body: Hai Phong People's Court

- Case summary: During the investigation of the case of Nguyen Van Duong, Phan Sao Nam and accomplices, the Investigation Security Agency - Phu Tho Provincial Police has determined: RikVip/Tip.Club is a game portal ( games) online gambling. The system "RikVip/Tip.Club" integrates 54 forms of gambling games using virtual currency (called Rik) to allow gamblers to buy and place bets in games of the RikVip/Tip.Club card game portal. Thereby, determining a total of 42,956,718 game accounts registered with the system, including 42,950,805 normal accounts (gamer accounts) and 5,913 dealer accounts.

5. Judgment on the crime of organizing gambling No. 34/2021/HS-ST

- Level of trial: First instance

- Judicial body: People's Court of Yen Dinh District - Thanh Hoa

- Summary of the case: At noon on April 8, 2020, CKD, LVH and T discussed and reached an agreement on the organization of a casino "smashing discs" on the evening of the same day to collect money from gamblers. LVH called LVD, and asked LVH to prepare tools, find a guard, and pick up gamblers. LVD agreed, went to buy necessary items and brought them to the gas station warehouse of the CDK family, then went to NVS' house to ask about borrowing S's house to organize a casino, and promised to pay S 500,000 VND. Then, LVD found and asked HNH, LVN, TTP, to guard the casino and promise to pay wages, then these people agreed. At about 20 o'clock on the same day, H called the gamblers and some gamblers called each other to come and all gathered at the gas station of the CKD to gamble. At 1 am on April 9, 2020, the police task force of Yen Dinh district discovered and caught them red-handed.

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