What are penalties for gambling acts in Vietnam? What are judgments on this offense in Vietnam?

Lawnet would like to respond as follows:

1. What are penalties for gambling acts in Vietnam?

According to Article 322 of the Vietnam Criminal Code 2015 (amended in 2017), the act of gambling will be prosecuted under the following penalty framework:

Basic penalty:

- A fine ranging from VND 50,000,000 to VND 300,000,000 or imprisonment from 1 year to 5 years for organizers of gambling in one of the following cases:

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

+ Using a location under their ownership or management to allow 10 or more people to gamble at the same time with a total value of money or items used for gambling of VND 5,000,000 or more, or allowing 2 or more gambling tables at the same time with a total value of money or items used for gambling of VND 5,000,000 or more;

+ The total value of money or items used for gambling in a single session amounts to VND 20,000,000 or more;

+ Establishing a place to pawn assets for gamblers; installing equipment to support gambling or assigning people to guard, serve during gambling; arranging escape routes when surrounded or using means to aid gambling;

+ Having been administratively sanctioned for one of the acts stipulated in Article 322 of the Vietnam Criminal Code 2015 (amended in 2017) or the acts specified in Article 321 of the Vietnam Criminal Code 2015 (amended in 2017), or having been convicted of organizing gambling or gambling and not yet having their criminal record expunged but committing further violations.

Aggravated penalties:

- Committing the crime in one of the following cases shall be subject to imprisonment ranging from 5 years to 10 years:

+ Organized professionally;

+ Illegally gained VND 50,000,000 or more;

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

+ Dangerous recidivism.

Additional penalties: Offenders may also be fined from VND 20,000,000 to VND 100,000,000 or have part or all of their property confiscated.

2. What are judgments on gambling acts in Vietnam?

Below are some judgments on gambling offenses:

Judgement on gambling offense number 67/2022/HS-ST

Trial level: First instance

Court: People's Court of Duy Tien district-level town, Ha Nam province

Content excerpt: On May 23, 2022, when D1 was at home, Trinh Xuan H and Lai Van N came to see D1 to record lottery bets. Immediately after D1 handed the slip to N, the task force of the Duy Tien district-level town police cooperated with H ward police to check, discovered, and caught D1 in the act of illegally recording lottery bets for customers. They drew up a record of the offense and confiscated related evidence. Earlier, on the same day, May 23, 2022, Nguyen Van D1 also recorded illegal lottery bets for 5 other players (whose names, ages, and specific addresses are unknown) totaling VND 3,885,000.

Judgement on gambling offense number 72/2022/HS-ST

Trial level: First instance

Court: People's Court of Duy My district, Hung Yen province

Content excerpt: On September 15, 2021, at the ground floor of Luu Thi Ng's house, Ng, Nguyen Van Ch, Nguyen Thi L, Do Van V, Nguyen Dinh H, Pham Van Ph, Truong Van T, Nguyen Van Tr, Bui Thi L, Tran Minh C were gambling. Ch went to L's house, took a bowl and a plate, and returned to Ng's house to invite everyone upstairs to play "xoc dia" (a traditional Vietnamese gambling game with a bowl and plate) for money. They all agreed, with the lowest bet being VND 100,000 per round, and higher bets were optional. During the gambling session, Do Thi V, Nguyen Van Ch, Truong Tien D, Vu Thi Ng, Do Van H joined the game, and Le Duc Ng came to watch but did not participate. During the game, Ph, H, H, Tr each contributed VND 300,000, and L contributed VND 100,000 to the house owner, Mrs. Ng. At around 22:30 on the same day, while the parties were gambling, the Yên My district police came to inspect and caught Ng, Ch, L, H, Ng, V, Ph, C in the act, while V, Tr, D, L, H, Ch, T escaped. Subsequently, on September 16, 20, 23, 26, and 28, 2022, H, Tr, L, D, Ch respectively reported to the Yen My district police, surrendered, and confessed to their crimes.

Judgement on gambling offense number 23/2020/HS-ST

Trial level: First instance

Court: People's Court of Tay Hoa district, Phu Yen province

Content excerpt: On April 28, 2020, at the billiard table of LTB's house, NVV invited NHD and NHT to play "bau cua" (a traditional Vietnamese gambling game involving dice and animal symbols) for money, to which they agreed. NVV asked LTB to let them into the house to play and promised to pay LTB, and LTB agreed. LTB led NVV into the house and showed NVV a plastic bag on top of a cupboard containing "bau cua" equipment. Seeing the "bau cua" dice were old, NVV went out, bought six new dice, then returned and played with NHD and NHT on the bed in LTB's bedroom. NVV was the banker, and NHD and NHT placed bets ranging from VND 100,000 to VND 300,000 per round. They agreed NVV would contribute VND 100,000, and NHD and NHT would each contribute VND 50,000. NVV then called LTB in and gave him VND 200,000. Later, NHV and DVT came to watch. At around 15:30 the same day, the police caught them gambling and confiscated VND 7,600,000 used for gambling (including VND 6,600,000 seized at the scene, VND 800,000 on NVV, and VND 200,000 from LTB) along with gambling equipment.

Sincerely,

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