On the annual Lunar New Year, the gathering of people to play cards and gamble for money may no longer be unfamiliar. Many people do it just for fun, others to bring some luck at the beginning of the year, but they are not aware that such behavior can lead to a fine in mild cases or criminal prosecution in severe cases.
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To be specific, Decree 167/2013/ND-CP has outlined the administrative penalties for illegal gambling as follows:
- A fine of 200,000 - 500,000 VND for purchasing lottery or number game tickets.- A fine of 1,000,000 VND to 2,000,000 VND for:- Engaging in illegal gambling activities such as "xoc dia", "ta la", "to tom", "tu lo kho", "tam cuc", "ba cay", "tu sac", "do den", "co the" or other forms of gambling involving monetary or material stakes;- Gambling using machines or illegal electronic games;- Selling lottery sheets or other publications for the number game.- A fine of 2,000,000 VND to 5,000,000 VND for actions such as receiving deposits, pawning, lending money at gambling venues or concealing illegal gambling activities.- A fine of 5,000,000 VND to 10,000,000 VND for:- Enticing, persuading, or gathering others to gamble illegally;- Using one's house, residence, or other means or locations to harbor gambling;- Setting up gambling machines or illegal electronic games;- Organizing illegal money-betting activities.- A fine of 10,000,000 VND to 20,000,000 VND for:- Acting as a lottery or number game host;- Organizing, producing, and distributing lottery sheets or other publications for the number game;- Creating a network to sell number game tickets.
Notably, individuals found gambling with stakes of 5 million VND or more may face criminal charges for illegal gambling. Those who have been administratively fined or convicted for gambling or gambling-related offenses, despite the amount being under 5 million VND, still risk criminal prosecution if they reoffend.
To be specific, Article 321 Criminal Code 2015 effective from July 1, 2016, and Clause 120 Article 1 of the Law amending the Criminal Code 2017 effective January 1, 2018, states as follows:
1. Anyone who engages in illegal gambling under any form with monetary or material stakes valued from 5,000,000 VND to under 50,000,000 VND, or under 5,000,000 VND but has been administratively fined for this act or acts stipulated in Article 322 of this Code, or has been convicted for this or acts stipulated in Article 322 of this Code and has not yet had their conviction expunged, shall be fined 20,000,000 VND to 100,000,000 VND, given a non-custodial reform up to 3 years, or imprisoned from 6 months to 3 years.
2. Committing the offense under any of the following circumstances shall result in imprisonment from 3 years to 7 years:
a) In a professional manner;
b) Using monetary or material stakes worth 50,000,000 VND or more;
c) Using internet networks, computer networks, telecommunications networks, or other electronic means to commit the offense;
d) Dangerous recidivism.
3. Offenders can also be subject to additional fines ranging from 10,000,000 VND to 50,000,000 VND.
Nguyen Trinh
