Signs of identifying the crime of organizing gambling under Penal Code 2015 of Vietnam

Regarding this matter, LawNet would like to answer as follows:

1. Signs of identifying the crime of organizing gambling

According to the Penal Code 2015, the crime of organizing gambling can be understood as the act of enticing, recruiting, gathering others, and using a location for gambling. In essence, the crime of organizing gambling is a collaborative act of gambling, manifested through the act of enticing, recruiting, and gathering others to participate in gambling for the purpose of profiting.

Therefore, signs of identifying the crime of organizing gambling include:

- Subject of the crime: The subject of this crime is a person who has full criminal responsibility and is of the age as stipulated. Specifically, according to Article 12 of the Penal Code 2015 (amended in 2017), individuals aged 14 to under 16 will be held criminally responsible for the crime of organizing gambling in cases specified in Clause 2 of Article 322 of the Penal Code 2015 (amended in 2017); individuals aged 16 and above will be held criminally responsible for any acts related to this crime.

- Object of the crime: The crime of organizing gambling has violated the order of civilized social life and the nation through gambling activities.

- Subjective aspect of the crime: The perpetrator of the crime of organizing gambling commits a direct culpable act because they know that it is an illegal act but still carry it out for personal gain.

- Objective aspect of the crime: The objective aspect of the crime of organizing gambling is that the offender has committed intentional, leading, commanding, coercing, or threatening acts towards others to participate in gambling in any form, with the purpose of gaining money or material objects.

2. Penalties for organizing gambling in Vietnam

The penalties for organizing gambling is prescribed in Article 322 of the Penal Code 2015 (amended in 2017) as follows:

Basic penalties:

- Any person who organizes gambling or runs a gambling den in any of the following circumstances shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 01 - 05 years' imprisonment:

+ The offence involves ≥ 10 gamblers at the same time with the stakes of ≥ 5,000,000; the offence involves ≥ 02 gambling mats at the same time with the stakes of ≥ VND 5,000,000;

+ The offender uses a place under his/her ownership or management for ≥ 10 gamblers at the same time with the stakes of ≥ 5,000,000 or for ≥ 02 gambling mats at the same time with the stakes of ≥ VND 5,000,000;

+ The total value of stakes at a time is ≥ VND 20,000,000;

+ The offender provides pawnbroker services for gamblers; installs equipment serving the gambling or appoint people to guard and serve the gamblers; prepares escape in case of raid; uses equipment for assisting the gambling;

+ The offender has incurred an administrative penalty for any of the offences specified in this Article or Article 321 of the Penal Code 2015 (amended in 2017) or has an unspent conviction for the same offence or any of the offences specified in Article 321 of the Penal Code 2015 (amended in 2017).

Heavy penalties:

- This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

+ The offence is committed in a professional manner;

+ The illegal profit earned is ≥ VND 50,000,000;

+ The offence is committed using the Internet, a computer network, telecommunications network or electronic device;

+ Dangerous recidivism.

Additional penalty:  The offender might also be liable to a fine of from VND 20,000,000 to VND 100,000,000 or have part or all of his/her property confiscated.

3. Some judgements for organizing gambling in Vietnam

Judgment on the crime of organizing gambling No. 09/2024/HS-PT

Judgment for organizing gambling No. 02/2024/HS-ST

Judgment for organizing gambling No. 1022/2023/HS-PT

Judgment on the crime of gambling and organizing gambling No. 182/2023/HS-PT

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