What are penalties for bankers of illegal lottery in Vietnam?
1. Administrative penalties for bankers of illegal lottery in Vietnam
According to Point a Clause 5 Article 28 of Decree 144/2021/ND-CP, bankers of illegal lottery may be fined between VND 10,000,000 and VND 20,000,000.
2. Criminal liability for bankers of illegal lottery in Vietnam
According to Article 322 of the Criminal Code 2015, amended by Clause 121 Article 1 of the Law Amending the Criminal Code 2017, concerning the crime of organizing gambling or providing a gambling venue:
- Anyone who unlawfully organizes gambling or provides a gambling venue under one of the following circumstances shall be fined between VND 50,000,000 and VND 300,000,000 or imprisoned for 1 to 5 years:
a) Organizing gambling for 10 or more people at the same time, with a total amount of money or value of gambling objects of VND 5,000,000 or more, or organizing two or more gambling tables at the same time, with a total amount of money or value of gambling objects of VND 5,000,000 or more;
b) Using a location under their ownership or management to allow 10 or more people to gamble at the same time, with a total amount of money or value of gambling objects of VND 5,000,000 or more, or allowing two or more gambling tables at the same time, with a total amount of money or value of gambling objects of VND 5,000,000 or more;
c) The total amount of money or value of gambling objects in a single instance is VND 20,000,000 or more;
d) Organizing pawnshops for gambling participants; installing equipment to facilitate gambling or assigning people to keep watch or serve gamblers; arranging escape routes in case of raids, or using means to assist gambling;
dd) Having been administratively sanctioned for one of the acts specified in this Article or the act specified in Article 321 of this Code, or having been convicted for this crime or the crime specified in Article 321 of this Code, not yet having their criminal record expunged but still committing violations.
- Committing the crime under one of the following circumstances shall be imprisoned for 5 to 10 years:
a) Professional nature;
b) Illegally obtaining a profit of VND 50,000,000 or more;
c) Using the internet, computer networks, telecommunication networks, or electronic means to commit the crime;
d) Dangerous recidivism.
- The offender may also be fined between VND 20,000,000 and VND 100,000,000 or have part or all of their property confiscated.
==> Therefore, if someone organizes lottery gambling as described above, they will be subject to criminal liability. Upon criminal prosecution, the lottery host could face imprisonment of up to 10 years.
==> Depending on the severity of the violation, organizing lottery gambling may result in administrative penalties or criminal prosecution.
We hope our advice helps resolve your concerns.
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