What are penalties for illegal gambling in Vietnam?
What are penalties for illegal gambling in Vietnam? Does lending a house for gambling to others commit illegally organizing gambling in Vietnam?
During the epidemic, because my brother did not have work and had a lot of free time, so there were some young people in the same apartment block who organized gambling for money, and my brother participated. He was suddenly checked by the police and arrested with total money is 7 million, so I wonder if my brother is guilty of gambling? Does lending a house for gambling to others commit illegally organizing gambling?
Please advise. Thankyou.
1. What are penalties for illegal gambling in Vietnam?
Pursuant to Article 321 of the 2015 Penal Code as amended by Clause 120, Article 1 of the 2017 Penal Code Amendment Law on 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 above regulations, if your friend has gambling behavior and is collected by the police with an amount of VND 7 million, he may be criminally prosecuted for gambling in Vietnam.
2. Does lending a house for gambling to others commit illegally organizing gambling in Vietnam?
According to Article 322 of the Penal Code 2015 as amended by Clause 121 Article 1 of the 2017 Penal Code Amendment Law on organizing gambling or running gambling-dens, as follows:
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.
Thus, when 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 are considered a crime of organizing gambling or running gambling-dens in Vietnam.
Best Regards!
