Is playing Hoo Hey How on a mobile phone considered illegal gambling in Vietnam? What are related judgments?

Is playing Hoo Hey How on a mobile phone considered illegal gambling in Vietnam?

Clause 2, Article 28 of Decree 144/2021/ND-CP stipulates as follows:

Illegal Gambling Acts

…

2. A fine from 1,000,000 VND to 2,000,000 VND shall be imposed for any of the following acts:

a) Illegally gambling through forms such as Xoc Dia, Ta La, To Tom, Tu Lo Kho, Tam Cuc, 3 Cay, Tu Sac, Do Den, Co The, Indian Rummy 6 cards, Binh Xap Xam 13 cards, Tien len 13 cards, Cockfighting, Tai Xiu or other forms with the purpose of winning or losing money, assets, items;

b) Gambling through illegal machines, electronic games;

…

Playing Hoo Hey How on a phone may be considered an illegal form of gambling if the player intends to win or lose money, assets, or items. Individuals who commit this act may be subject to administrative penalties ranging from 1,000,000 VND to 2,000,000 VND.

In cases where the elements of a criminal offense are constituted, the violator may be prosecuted for the crime of gambling under Article 321 of the Vietnam Criminal Code 2015 (amended by Law on Amendments to the Criminal Code 2017) with the following penalties:

Level 1:

- Any person who illegally gambles in any form with winnings or losses in money or items, under any of the following conditions, shall be fined from 20,000,000 VND to 100,000,000 VND, subject to non-custodial reform for up to 3 years, or imprisonment from 6 months to 3 years:

+ Money or items valued from 5,000,000 VND to less than 50,000,000 VND;

+ Money or items valued under 5,000,000 VND, but has been administratively penalized for gambling or organizing gambling, housing gambling;

+ Money or items valued under 5,000,000 VND, but has been convicted for gambling or organizing gambling, housing gambling, not yet expunged, but still committing it.

Level 2:

- Offenders subject to any of the following circumstances shall face imprisonment from 3 to 7 years:

+ Professional nature;

+ Money or items used for gambling valued at 50,000,000 VND or more;

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

+ Dangerous recidivism.

Additionally, the offender may be fined from 10,000,000 VND to 50,000,000 VND.

What are judgments on gambling crimes in the form of playing Hoo Hey How in Vietnam?

Below is a compilation of judgments on gambling crimes in the form of playing Hoo Hey How adjudicated by the courts in Vietnam:

Please Login to be able to download