Is four colour card considered illegal gambling in Vietnam?

Is four colour card considered illegal gambling in Vietnam? (Source: Internet)

1. Four colour card is considered illegal gambling in Vietnam

According to Point a, Clause 2, Article 28 of Decree 144/2021/ND-CP, illegally gambling with one of the forms such as coin guessing game, contract bridge, To Tom, poker, three chrysanthemums card, 3 card poker, 4 colour card, sic bo, Xiangqi, teen patti, Vietnamese poker, Tien Len, cockfighting;

Or other forms which are lost or won in cash, property or in kind.

Thus, the act of playing four colors for the purpose of winning or losing with money, property or kind is illegal gambling.

- Currently, there is no specific concept of illegal gambling. However, according to the previous provisions in Clause 1, Article 1 of Resolution 01/2010/NQ-HDTP, illegal gambling is defined as follows:

Illegal gambling means gambling acts in whatever form for the purpose of earning winnings in cash or in kind without permission of a competent state agency;

Or with permission of a competent state agency but at variance with the granted license.

2. Administrative sanction for the act of playing four color card in Vietnam

For acts of playing four colors for the purpose of winning or losing with money, property or in kind, the fines may be administratively sanctioned at the following levels:

- A fine ranging from VND 1,000,000 to VND 2,000,000 shall be imposed for gambling in the forms of coin guessing game, contract bridge, To Tom, poker, three chrysanthemums card, 3 card poker, 4 colour card, sic bo, Xiangqi, teen patti, Vietnamese poker, Tien Len, cockfighting or other forms which are lost or won in cash, property or in kind.

- In addition, the additional sanction of confiscation of material evidences and means of administrative violations is also applied. If the violator is a foreigner, the form of expulsion will also be applied.

- Forcible return of illegal profits obtained from committing violations.

The above fine level applies to individuals. The fine imposed upon an organization for the same violation shall be twice the fine imposed upon an individual.

(According to clause 2 Article 4, point a clause 2, point a, point c clause 6 and clause 7 Article 28 of Decree 144/2021/ND-CP)

3. Criminal liability for the act of playing four color card in Vietnam

Any person who illegally gambles in any shape or form with the stakes (in cash or kind) assessed may be criminally handled for gambling offenses specified in Article 321 of the Criminal Code 2015 (amended 2017) as follows: :

- A fine of from VND 20,000,000 to VND 100,000,000, community sentence for up to 3 years or a prison term of between 6 months and 3 years for those who illegally gambles in any shape or form with the stakes (in cash or kind) assessed at between VND 5,000,000 and under VND 50,000,000;

Or less than 5,000,000 VND but have been administratively sanctioned for this act or the act specified in Article 322 of the Criminal Code 2015 on the crime of organizing gambling or gambling;

Or have been convicted of this crime or the crime of organizing gambling or gambling specified in Article 322 of the Criminal Code 2015, not yet having their criminal record cleared but still committing.

- This offence committed in any of the following circumstances carries a penalty of 03 - 07 years' imprisonment:

+ 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.

- Offenders may also be fined from VND 10,000,000 to VND 50,000,000.

Thus, the act of playing four color card for the purpose of winning and losing with money, property and kind is considered illegal gambling and shall be administratively sanctioned with a fine of VND 2,000,000 for violators or considered criminal liability for gambling with a maximum penalty of 07 year imprisonment.

Quoc Dat

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