Is it against the law for participating in online gambling in Vietnam?

Is it against the law for participating in online gambling in Vietnam?

Pursuant to Clause 2 Article 28 of the Decree 144/2021/ND-CP stipulating illegal gambling as follows:

2. A fine of from VND 1.000.000 to VND 2.000.000 shall be imposed for any of the following violations:

a) Illegally gambling with one of the forms such as “xoc dia”, “ta la”, “to tom”, “tu lo kho”, “tam cuc”, “3 cay”, “tu sac”, “do den”, “co the”, “binh an do 6 la”, “binh xap xam 13 la”, “tien len 13 la”, “da ga”, “tai xiu” or other forms which are lost or won in cash, property or in kind;

b) Gambling with machine or illegal electronic games;

c) Illegally betting in sports competition, entertainment or other activities.

Therefore, the behaviors mentioned above are considered violations of the law. According to the information provided about your game, playing with cash deposits and winning or losing money within the game can be considered online gambling and a violation of the law.

Is it against the law for participating in online gambling in Vietnam? - image from internet

Is the act of online gambling subject to criminal responsibility in Vietnam?

Pursuant to Article 321 of the Criminal Code in 2015 (amended by Clause 120 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating illegal gambling 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.

According to the guidance of the Supreme People's Court in Official Dispatch 196/TANDTC-PC regarding the circumstance of "using the internet, computer networks, telecommunications networks, and electronic devices to commit crimes," using the internet and electronic devices for online gambling is considered a violation. Therefore, "using the internet, computer networks, telecommunications networks, and electronic devices to commit crimes" is an aggravating circumstance for the offense of gambling, punishable by imprisonment from 03 to 07 years.

Therefore, engaging in online gambling can be punished with imprisonment for up to 07 years. Additionally, an addition fine of up to 50 million VND can be imposed on the offenders.

Best regards!