Is it correct that the Ministry of Public Security of Vietnam deploys peak waves to attack, suppress and dismantle criminal lines and gangs that organize gambling in Vietnam? - Question from Mr. Trung (Phu Yen)
On May 27, 2023, the Prime Minister issued Directive 16/CT-TTG in 2023 on strengthening the prevention and fight against crime and law violations related to gambling activities.
In Directive 16/CT-TTG in 2023, the Prime Minister directed the Ministry of Public Security to perform the following tasks:
Ministry of Public Security
a) Advise and propose Steering Committee 138/CP to strengthen direction, inspect, urge and guide ministries, branches, mass organizations and localities to coordinate in the prevention, fight and handling of crimes commits and violates the law related to gambling and gambling activities; coordinate with agencies and localities to do well in social prevention, promote propaganda and popularize methods, tricks and harmful consequences, raise awareness of vigilance and responsibility for officials, civil servants, public employees, employees and all classes of people;
b) Assume the prime responsibility for, and coordinate with ministries, branches and localities in, identifying loopholes and shortcomings in the state management of security and order, and relevant legal documents that cause difficulties in preventing, fighting, investigating and handling crimes and violations of laws related to gambling and gambling activities; promptly advise and propose remedial solutions. Designate a focal point unit to coordinate in receiving and handling suspicious transactions related to gambling and gambling activities;
c) Strengthen the work of grasping the situation, promptly detect and strictly handle gambling acts and organizing gambling; continue to accelerate the process of integrating the National Population Database with database systems of ministries and branches in order to improve the effectiveness of crime prevention and combat; deploy peak waves to attack, suppress and dismantle criminal lines and gangs operating in gambling and gambling activities; effectively carry out the work of receiving and handling denunciations, crime reports and petitions for prosecution related to gambling activities and gambling organizations;
d) Do well the immigration management, promptly detect, prevent, fight and handle the number of foreigners entering Vietnam to commit gambling acts, gambling organizations and Vietnamese people going abroad to gamble or organize illegal gambling;
dd) Improve the effectiveness of international cooperation in the fight against crime and law violations related to gambling and gambling activities;
e) Increase investment in funds and modern equipment; improve the capacity and qualifications of cadres and experts in the work of preventing, fighting and dealing with organized gambling and gambling crimes.
Thus, the Ministry of Public Security is goling to deploy peak waves to attack, suppress and dismantle criminal lines and gangs operating in gambling activities in order to prevent and fight crime and law violations related to gambling activities and ensure security and order.
At the same time, the Ministry of Public Security will also strengthen the work of grasping the situation, promptly detecting and strictly handling gambling acts and organizing gambling; continue to accelerate the process of integrating the National Population Database with database systems of ministries and branches in order to improve the effectiveness of crime prevention and combat.
They also implement effectively the reception and settlement of denunciations, crime reports and petitions for prosecution related to gambling activities and gambling organizations.
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:
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.
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, the offender of illegal gambling shall bear following criminal responsibilities as follows:
- The offender 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 if:
+ 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.
+ A person who illegally gambles in any shape or form with the stakes (in cash or kind) assessed at 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 of the Criminal Code in 2015 or has an unspent conviction for the same offence or any of the offences specified in Article 322 of the Criminal Code in 2015.
- The offender shall face a penalty of up to 03 - 07 years' imprisonment if:
+ The offence is committed in a professional manner;
+ The stake is assessed at VND ≥ 50,000,000;
+ The offence is committed using the Internet, a computer network, telecommunications network or electronic device;
+ Dangerous recidivism.
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 organizing gambling or running gambling-dens as follows:
- The offender 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 if:
+ 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;
+ 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 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;
+ The offender has incurred an administrative penalty for any of the offences specified in this Article or Article 321 of the Criminal Code in 2015 or has an unspent conviction for the same offence or any of the offences specified in Article 321 of the Criminal Code in 2015.
- The offender shall face a penalty of up to 03 - 07 years' imprisonment if:
+ The offence is committed in a professional manner;
+ The illegal profit earned is ≥ VND 50,000,000;
+ The offence is committed using the Internet, a computer network, telecommunications network or electronic device;
+ Dangerous recidivism.
- 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.
Best regards!