Can a 16-year-old be criminally liable for illegal gambling in Vietnam?

Can a 16-year-old be criminally liable for illegal gambling in Vietnam?

Based on Article 1 of Article 12 of the 2015 Criminal Code on the age of criminal responsibility as follows:

1. A person from 16 years of age and above shall bear criminal responsibility for every crime, except for those otherwise prescribed by this document.

Under Article 321 of the 2015 Criminal Code amended by Article 120 of the 2017 Law on Amendment of Criminal Code gambling offenses as follows:

1. A person who illegally gambles in any shape or form with the stakes (in cash or kind) assessed at from VND 5,000,000 to under VND 50,000,000, or under VND 5,000,000 despite the fact that he/she has incurred an administrative penalty for the same offence or any of the offences specified in Article 322 hereof or has an unspent conviction for the same offence or any of the offences specified in Article 322 hereof shall be liable to a fine of from VND 20,000,000 to VND 100,000,000, face a penalty of up to 03 year's community sentence or 06 - 36 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

a) The offence is committed in a professional manner;

b) The stake is assessed at VND ≥ 50,000,000;

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

d) Dangerous recidivism.

3. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.

Therefore, your child is of the age of criminal responsibility. Therefore, if your child violates the gambling offense regulations in Vietnam, he will be criminally liable for his act according to the law.

Can a 16-year-old be criminally liable for illegal gambling in Vietnam? (Image from the Internet)

What is the prison penalty framework applied to individuals aged 16 to 18 who commit gambling offenses in Vietnam?

According to Article 101 of the 2015 Criminal Code on determinate imprisonment as follows:

The penalty for fixed-term imprisonment applicable to persons under 18 years of age committing offenses is specified as follows:

1. If the punishment for a crime is life imprisonment or death sentence as prescribed by law, the heaviest sentence imposed upon an offender aged from 16 to under 18 shall not exceed 18 years; If the punishment for a crime is determinate imprisonment, the heaviest sentence imposed upon an offender aged from 16 to under 18 shall not exceed three quarters of the duration prescribed by law;

2. If the punishment for a crime is life imprisonment or death sentence as prescribed by law, the heaviest sentence imposed upon an offender aged from 14 to under 16 shall not exceed 12 years; If the punishment for a crime is determinate imprisonment, the heaviest sentence imposed upon an offender aged from 16 to under 18 shall not exceed one half of the duration prescribed by law.

Therefore, for persons aged 16 to under 18 who commit gambling offenses in Vietnam, the maximum imprisonment penalty shall not exceed three-quarters of the prescribed imprisonment penalty as specified above.

Best Regards!