Lottery gambling is a form of gambling based on the lottery results. Essentially, lottery gambling is a gambling game involving placing bets with a bookmaker based on daily lottery results from various provinces.
Depending on the severity of the offense, based on the amount involved, the nature of the organization, and its scale, those gambling may be subject to administrative penalties or, in more serious cases, criminal prosecution.
(1) Administrative Penalties
Article 28 of Decree 144/2021/ND-CP provides for penalties for administrative violations related to illegal gambling as follows:
- A fine ranging from 200,000 VND to 500,000 VND for the act of purchasing lottery gambling.
- A fine ranging from 2,000,000 VND to 5,000,000 VND for the act of selling lottery gambling, books of lottery results, and other publications related to lottery gambling or for passing them on to others for commission.
- A fine ranging from 10,000,000 VND to 20,000,000 VND for organizing lottery gambling through the following acts:
+ Being the owner of the lottery gambling;
+ Organizing the production and distribution of books of lottery results and other publications for lottery gambling;
+ Organizing networks for lottery gambling.
Additionally, individuals involved in lottery gambling may be required to forfeit illegal profits and have gambling materials confiscated when subject to administrative penalties.
(2) Criminal Prosecution
Based on Article 321 of the Criminal Code 2015 (amended by the Law on Amendments to the Criminal Code 2017), offenders may be prosecuted for gambling with the following penalties:
- Any person who illegally gambles in any form where the winnings are valued between 5 million VND to under 50 million VND or under 5 million VND but has been administratively penalized for this act or acts as prescribed in Article 322 of the Criminal Code 2015 or has been convicted of this offense or offenses as prescribed in Article 322, has not yet had the conviction expunged, and continues to violate, shall be fined from 20 million VND to 100 million VND, subjected to community sentence for up to 3 years or sentenced to imprisonment from 6 months to 3 years.
- In cases where the offense falls under the following circumstances, the offender shall be sentenced to imprisonment from 3 years to 7 years:
+ Professional nature;
+ Money or items used for gambling value 50,000,000 VND or more;
+ Using the internet, computers, telecommunications networks, or electronic devices to commit the offense;
+ Dangerous recidivism.
In addition, offenders may be subjected to a fine ranging from 10 million VND to 50 million VND.
Below is a compilation of judgments related to gambling/organizing gambling in the form of lottery gambling:
No. | Judgment Title | Date of Issuance | Court |
---|---|---|---|
1 | Judgment 23/2023/HS-ST for gambling offenses | May 15, 2023 | People's Court of Vi Thanh City, Hau Giang Province |
2 | Judgment 13/2021/HS-PT for gambling offenses | March 19, 2021 | People's Court of Lang Son Province |
3 | Judgment 93/2022/HS-ST for gambling offenses | September 23, 2022 | People's Court of Dong Ha City, Quang Tri Province |
4 | Judgment 03/2022/HS-PT for gambling offenses | April 28, 2022 | People's Court of Quang Tri Province |
5 | Judgment 270/2022/HS-ST for gambling offenses | November 23, 2022 | People's Court of Hai Ba Trung District, Ha Noi City |
6 | Judgment 25/2022/HS-ST for gambling offenses | April 14, 2022 | People's Court of Dong Ha City, Quang Tri Province |
7 | Judgment 10/2021/HS-PT for gambling offenses | March 11, 2021 | People's Court of Hoa Binh Province |
8 | Judgment 140/2019/HS-PT for gambling offenses | October 28, 2019 | People's Court of Ha Tinh Province |
9 | Judgment 55/2019/HS-PT for gambling offenses | March 15, 2019 | Provincial People's Court of Thanh Hoa |
10 | Judgment 133/2023/HS-ST for gambling offenses | July 5, 2023 | People's Court of Hai Ba Trung District, Ha Noi City |
11 | Judgment 106/2021/HS-ST for gambling offenses | May 11, 2021 | People's Court of Long Bien District, Ha Noi City |
12 | Judgment 60/2018/HS-ST for gambling offenses | July 25, 2018 | People's Court of District D, Ha Nam Province |
13 | Judgment 45/2018/HS-ST for gambling offenses | November 28, 2018 | People's Court of Thanh Ba District, Phu Tho Province |
14 | Judgment 08/2024/HS-ST for organizing gambling offenses | September 9, 2023 | High People's Court in Ha Noi |
15 | Judgment 663/2023/HS-PT for organizing gambling offenses | September 9, 2023 | High People's Court in Ha Noi |
16 | Judgment 18/2022/HS-ST for gambling offenses | April 5, 2022 | People's Court of Truc Ninh District, Nam Dinh Province |
17 | Judgment 24/2020/HS-ST for gambling offenses | April 27, 2020 | People's Court of District Q, Nghe An Province |
18 | Judgment 259/2022/HS-ST for gambling offenses | November 23, 2022 | People's Court of LB District, Ha Noi City |
19 | Judgment 24/2022/HS-PT for gambling offenses | June 23, 2022 | People's Court of Ninh Binh Province |
20 | Judgment 40/2022/HS-ST for gambling offenses | April 6, 2022 | People's Court of City B, Province B |
21 | Judgment 24/2022/HS-PT for gambling offenses | June 23, 2022 | People's Court of Ninh Binh Province |
22 | Judgment 56/2023/HS-ST for gambling offenses | June 27, 2023 | People's Court of Dong Hung District, Thai Binh Province |
23 | Judgment 28/2023/HS-ST for gambling offenses | May 12, 2023 | People's Court of Cao Loc District, Lang Son Province |
24 | Judgment 08/2020/HS-ST for gambling offenses | February 18, 2020 | People's Court of District H, Province N |
25 | Judgment 36/2021/HS-ST for gambling offenses (form of recording lottery and numbers) | December 22, 2021 | People's Court of Trieu Phong District, Quang Tri Province |
26 | Judgment 26/2020/HS-ST for gambling offenses (form of recording lottery gambling) | June 16, 2020 | People's Court of district-level town Ky Anh, Ha Tinh Province |
27 | Judgment 175/2023/HS-PT for gambling offenses (form of recording lottery gambling) | September 29, 2023 | People's Court of Binh Dinh Province |
28 | Judgment 08/2020/HS-ST for gambling offenses (form of accepting to record lottery gambling) | February 19, 2020 | People's Court of Can Loc District, Ha Tinh Province |
29 | Judgment 32/2020/HS-ST for gambling offenses (form of recording and selling lottery gambling) | May 15, 2020 | People's Court of Hung Yen Province |
30 | Judgment 62/2022/HS-ST for organizing gambling and gambling offenses (recording lottery gambling) | July 29, 2022 | People's Court of Vinh Phuc Province |
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