How much is fine for online gambling in Vietnam?

How much is fine for online gambling in Vietnam?

Pursuant to Clause 2, Clause 6 and Clause 7, Article 28 of Decree 144/2021/ND-CP regulating illegal gambling acts as follows:

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.

…

6. Additional penalties:

a) Confiscate the exhibits and means used for committing administrative violations specified in Clause 1, Clause 2; Points a and b Clause 3 and Points b,c and dd Clauses 4 and 5 of this Article;

b) Suspend operation for 06 - 12 months in case of commission of the violation specified in point d Clause 3 of this Article;

c) Expel foreigners committing the administrative violations specified in Clauses 1, 2, 3, 4 and 5 of this Article.

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;”.

In Clause 2, Article 4, Decree 144/2021/ND-CP stipulates the fine level:

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.

Thus, online gambling will be subject to administrative fines ranging from 1,000,000 VND to 2,000,000 VND. There is also an additional penalty of confiscation of evidence and means of administrative violations and forced return of all illegal profits.

How much is fine for online gambling in Vietnam? (Image from the Internet)

Can I be liable for criminal prosecution when online gambling in Vietnam?

According to Article 321 of the 2015 Criminal Code as amended by Clause 120, Article 1 of the Law amending the 2017 Criminal Code, the crime of gambling is defined 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.

Therefore, in addition to being subject to administrative sanctions, online gambling can be prosecuted for criminal liability when it goes beyond the administrative penalty framework and meets the above criminal components in Vietnam.

Best regards!