Is there a penalty for playing lotto in Vietnam? Are people under 16 years old who play lotto subject to criminal prosecution for gambling in Vietnam?
Please ask: Is there a penalty for playing lotto in Vietnam? Are people under 16 years old who play lotto subject to criminal prosecution for gambling in Vietnam? Hope to have your questions answered. Question from Ms. Huong in Ho Chi Minh City.
Is there a penalty for playing lotto in Vietnam?
Pursuant to Article 321 of the 2015 Criminal Code as amended by Clause 120, Article 1 of the Law Amending the 2017 Criminal Code, which stipulates illegal gambling:
Illegal gambling
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.
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Thus, a lotto player can be prosecuted for criminal liability for gambling if he or she loses money or in kind worth from 5,000,000 VND to under 50,000,000 VND or under 5,000,000 VND but falls within the following case:
- Have been administratively sanctioned for gambling or organizing gambling or gambling.
- Have been convicted of gambling crimes or crimes of organizing gambling or gambling that have not had their criminal records erased but continue to violate them.
Lotto players convicted of gambling crimes can be fined from 20,000,000 VND to 100,000,000 VND, sentenced to community sentence for up to 03 years or imprisoned from 06 months to 07 years.
In addition, offenders may also be fined from 10,000,000 VND to 50,000,000 VND.
Is there a penalty for playing lotto in Vietnam? Are people under 16 years old who play lotto subject to criminal prosecution for gambling in Vietnam? (Image from the Internet)
Are people under 16 years old who play lotto subject to criminal prosecution for gambling in Vietnam?
Pursuant to Article 12 of the 2015 Criminal Code as amended by Clause 3, Article 1 of the Law Amending the 2017 Criminal Code, regulating age of criminal responsibility:
Age of criminal responsibility
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.
2. A person from 14 years of age to be low 16 years of age shall bear criminal responsibility for very serious crimes and extremely serious crimes specified in Articles 123, 134, 141, 142, 143, 144, 150, 151, 168, 169, 170, 171, 173, 178, 248, 249, 250, 251, 252, 265, 266, 286, 287, 289, 290, 299, 303, 304 hereof.
According to regulations, only people aged 16 years or older must be criminally responsible for all crimes, except for some cases in Clause 2, Article 12 of the 2015 Criminal Code as amended by Clause 3, Article 1 of the Law Amending the 2017 Criminal Code stipulates that people from 14 years old to under 16 years old must bear criminal responsibility.
On the other hand, the crime of gambling is not in the group of crimes for which the 2015 Criminal Code stipulates that people from 14 years old to under 16 years old must bear criminal responsibility. Therefore, people under 16 years old who play lotto are not prosecuted for criminal responsibility for gambling in Vietnam.
However, people under 16 years old who play lotto may still be subject to administrative penalties according to the provisions of law in Vietnam.
How much is penalty for gambling in the form of buying lotto in Vietnam?
Pursuant to the provisions of Article 28 of Decree 144/2021/ND-CP regulating illegal gambling acts as follows:
Illegal gambling
1. A fine of from VND 200.000 to VND 500.000 shall be imposed for participation in lottery-based gambling:
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.
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Thus, anyone who engages in gambling in the form of buying lotto may be subject to administrative sanctions in the form of a fine from 1,000,000 VND to 2,000,000 VND.
In addition, violators will also have evidence and means of violation confiscated and foreigners who commit violations in Vietnam will be expelled.
Violators must also return the illegal profits obtained from gambling in the form of buying lotto in Vietnam.
Note: The fines specified above are the fines applied to administrative violations by individuals. For organizations that commit the same violation, the fine is 2 times the fine for individuals (Clause 2, Article 4, Decree 144/2021/ND-CP)
Best regards!
