Is organizing gambling subject to 20-year imprisonment in Vietnam? What are judgments related to this offense?

1. Is organizing gambling subject to 20-year imprisonment in Vietnam?

According to Article 322 of the Criminal Code 2015 (amended and supplemented in 2017) on the crime of organizing gambling or running a gambling den:

- A fine ranging from VND 50,000,000 to VND 300,000,000 or imprisonment from 1 year to 5 years: Any person who illegally organizes gambling or runs a gambling den under one of the following circumstances:

+ Organizing gambling for 10 or more people at the same time, with the total amount of money or items used for gambling valued at VND 5,000,000 or more, or organizing 2 or more gambling boards at the same time with a total amount of money or items used for gambling valued at VND 5,000,000 or more;

+ Using a location under their ownership or management to organize gambling for 10 or more people at the same time, with the total amount of money or items used for gambling valued at VND 5,000,000 or more, or for organizing 2 or more gambling boards at the same time with a total amount of money or items used for gambling valued at VND 5,000,000 or more;

+ The total amount of money or items used for gambling in a single instance is valued at VND 20,000,000 or more;

+ Organizing a place for pledging assets for participants to gamble; installing equipment to serve gambling or assigning tasks to guard personnel or service providers when gambling; arranging escape routes in case of raids and using means to facilitate gambling;

+ Having been administratively sanctioned for one of the acts stipulated in this Article or acts specified in Article 321 of the Criminal Code 2015 or having been convicted of this crime or the crime specified in Article 321 of the Criminal Code 2015, yet the criminal record has not been cleared and still committing the crime.

- Imprisonment from 5 years to 10 years: Committing the crime under one of the following circumstances:

+ On a professional basis;

+ Illegally gaining profits of VND 50,000,000 or more;

+ Using the internet, computer networks, telecommunication networks, or electronic means to commit the crime;

+ Dangerous relapse.

Additionally, the offender may be fined from VND 20,000,000 to VND 100,000,000 or have part or all of their property confiscated.

Thus, under Vietnamese criminal law, organizing gambling or running a gambling den is considered a crime and can result in imprisonment ranging from 1 year to 10 years, depending on the severity of the actions. The heaviest sentence, from 5-10 years, applies to cases of professionally organized gambling, illicit large gains of VND 50 million or more, utilizing information technology, or dangerous relapse.

2. What are judgments related to the crime of organizing gambling in Vietnam?

Below are some court judgments related to the crime of organizing gambling resolved by courts in Vietnam:

Judgment on the Crime of Organizing Gambling No. 58/2021/HS-ST

- Adjudicating body: People’s Court of Phu Xuyen District, Hanoi City

- Case details: On the evening of May 10, 2021, Bui Van H along with Nguyen Van C, Vu Van C, and Le Minh S sat down to gamble for money in the forms of Tá lả (a card game) and Liêng (another card game). The group gambled until approximately 9:45 PM when they were caught red-handed by the Commune Police of C. The total amount of money at the Liêng gambling board was VND 4,830,000, while the total amount of money at the Tá lả gambling board was determined to be VND 4,085,000.

Judgment on the Crime of Organizing Gambling No. 85/2021/HS-ST

- Adjudicating body: People’s Court of Hai Phong

- Case details: During the investigation of the case of Nguyen Van Duong, Phan Sao Nam, and accomplices, the Security Investigation Agency – Phu Tho Provincial Police discovered that RikVip/Tip.Club was an online gambling game portal. The RikVip/Tip.Club system integrated 54 gambling game forms using virtual currency (called Rik) for gamblers to purchase and bet in the games on the RikVip/Tip.Club platform. The investigation identified a total of 42,956,718 game accounts registered with the system, including 42,950,805 regular game accounts (player accounts) and 5,913 agent accounts.

Judgment on the Crime of Organizing Gambling No. 34/2021/HS-ST

- Adjudicating body: People’s Court of Yen Dinh District, Thanh Hoa Province

- Case details: At noon on April 8, 2020, CDK, LVH, and T discussed and agreed to organize a “Xoc dia” (a disc-shaking gambling game) gambling den that evening to collect house fees from gamblers. LVH called LVD, asking him to prepare tools, find security guards, and transport gamblers. LVD agreed, bought the necessary items, and hid them in the warehouse of CDK’s family’s gas station before going to NVS’s house to ask to borrow S's house for organizing the gambling den and promised to pay S VND 500,000. LVD subsequently sought out HNH, LVN, TTP to guard the gambling den and promised them wages, which they accepted. At around 8 PM that evening, H called gamblers and some gamblers called each other to gather at CDK’s gas station to gamble. By 1 AM on April 9, 2020, the gambling den was raided and the participants were caught red-handed by Yen Dinh District Police.

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