What Penalty Does Playing Xiangqi Online Face?

Yes, may I ask, can an individual participating in online Chinese chess via computer/phone networks be criminally prosecuted? What is the maximum penalty for this act?

Based on Clause 120 Article 1 of the Amendment Law to the Criminal Code 2017 and Point c Clause 2 Article 321 of the Criminal Code 2015, the crime of gambling is stipulated as follows:

Any person who illegally gambles in any form where the stake involves money or properties valued from 5,000,000 VND to under 50,000,000 VND, or under 5,000,000 VND but has been administratively sanctioned for this act or the act as prescribed in Article 322 of this Code, or has been convicted of this crime or the crime as prescribed in Article 322 of this Code, and the conviction has not been expunged, will be subject to a fine from 20,000,000 VND to 100,000,000 VND, a non-custodial reform up to 3 years, or imprisonment from 6 months to 3 years.

If the crime falls under one of the following cases, the offender will be subject to imprisonment from 3 years to 7 years:

- ...

- Using the internet, computer networks, telecommunications networks, or electronic means to commit the crime.

According to the guidance by Official Dispatch 196/TANDTC-PC in 2018:

The use of the internet, computer networks, telecommunications networks, or electronic means to commit the crime as prescribed in point c clause 2 Article 321 and point c clause 2 Article 322 of the Criminal Code is understood as using the internet, computer networks, telecommunications networks, and electronic means to gamble online (such as creating online gambling boards or using the internet, computer networks, telecommunications networks, and electronic means to organize gambling, taking bets).

Thus, the act of playing online chess, depending on the level, can be subject to criminal sanctions with a maximum sentence of 7 years of imprisonment.

Respectfully!

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