Shall anyone gathering people for illegal gambling during Tet holidays face criminal prosecution in Vietnam?

Shall anyone gathering people for illegal gambling during Tet holidays face criminal prosecution in Vietnam?

Pursuant to Clause 4 and 7, Article 28 of the Decree 144/2021/NĐ-CP stipulating as follows:

Illegal gambling

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4. A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for one of the acts of gambling organization as follows:

a) Enticing, inciting or gathering people for illegal gambling;

b) Using home or accommodation or other means and locations to organize the gambling;

c) Illegally placing gambling or electronic game machine;

d) Organizing illegal betting activities;

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7. Remedial measure:

Enforced return of benefits illegally obtained from the commission of the violation in Clause 1, Clause 2 or Points a and b Clause 3; points b, c and d Clauses 4 and 5 of this Article;

Pursuant to Clause 2 Article 4 of the Decree 144/2021/NĐ-CP stipulating as follows:

Maximum fines, organizations incurring administrative penalties

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2. The fines specified in Chapter II of this Decree are imposed upon administrative violations committed by individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual.

As regulations above, a fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for gathering people for illegal gambling during Tet holidays. In addition, the illegal profits earned from violations shall be confiscated.

Shall anyone gathering people for illegal gambling during Tet holidays face criminal prosecution in Vietnam?

Pursuant to Article 322 of the Criminal Code in 2015 (amended by Clause 121 Article 1 of the Law on amendments to the Criminal Code in 2017) stipulating regulations on organizing gambling or running gambling-dens in Vietnam as follows:

Organizing gambling or running gambling-dens

1. Any person who organizes gambling or runs a gambling den in any of the following circumstances shall be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 01 - 05 years' imprisonment:

a) The offence involves ≥ 10 gamblers at the same time with the stakes of ≥ 5,000,000; the offence involves ≥ 02 gambling mats at the same time with the stakes of ≥ VND 5,000,000;

b) The offender uses a place under his/her ownership or management for ≥ 10 gamblers at the same time with the stakes of ≥ 5,000,000 or for ≥ 02 gambling mats at the same time with the stakes of ≥ VND 5,000,000;

c) The total value of stakes at a time is ≥ VND 20,000,000;

d) The offender provides pawnbroker services for gamblers; installs equipment serving the gambling or appoint people to guard and serve the gamblers; prepares escape in case of raid; uses equipment for assisting the gambling;

dd) The offender has incurred an administrative penalty for any of the offences specified in this Article or Article 321 hereof or has an unspent conviction for the same offence or any of the offences specified in Article 321 hereof .

2. This offence committed in any of the following circumstances carries a penalty of 05 - 10 years' imprisonment:

a) The offence is committed in a professional manner;

b) The illegal profit earned is ≥ 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 20,000,000 to VND 100,000,000 or have part or all of his/her property confiscated.

As regulations above, illegal gambling shall face criminal prosecution in following cases:

+ The offender uses a place under his/her ownership or management for ≥ 10 gamblers at the same time with the stakes of ≥ 5,000,000 or for ≥ 02 gambling mats at the same time with the stakes of ≥ VND 5,000,000;

+ The total value of stakes at a time is ≥ VND 20,000,000;

+ The offender has incurred an administrative penalty or sentenced for illegal gambling, cockfighting, or organizing illegal gambling.

Shall anyone joining illegal gambling during Tet holidays face criminal prosecution 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 regulations on illegal gambling in Vietnam as follows:

Illegal gambling

1. Any 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 or has an unspent conviction for the same offence or any of the offences specified in Article 322 hereof shall 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.

As regulations above, a fine of from VND 20,000,000 to VND 100,000,000, a penalty of of up to 03 year's community sentence or 06 - 84 months' imprisonment shall be imposed for illegal gambling in Vietnam. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.

Best regards!