Tiếng Việt
Table of Contents
1. Administrative sanctions for gambling
2. Criminal prosecution for gambling
1. Administrative sanctions for gambling
According to Clause 4, Article 28 of Decree No. 144/2021/ND-CP stipulating administrative sanctions for violations in the fields of security, order, and social safety; prevention and control of social evils; fire prevention and fighting; rescue; prevention and control of domestic violence:
“Article 28. Illegal gambling:
A fine of from VND 5.000.000 to VND 10.000.000 shall be imposed for one of the acts of gambling organization as follows:
a) Enticing, inciting or gathering people for illegal gambling;
b) Using home or accommodation or other means and locations to organize the gambling;
c) Illegally placing gambling or electronic game machine;
d) Organizing illegal betting activities; Thus, if a person organizes illegal gambling but does not reach the level of criminal prosecution, he or she may be subject to an administrative fine of VND 5-10 million.”
2. Prosecution of criminal liability for organizing gambling
The crime of organizing gambling or gambling is regulated in Article 322 of the 2015 Penal Code, amended and supplemented in 2017, with the following penalty framework:
“1. Any person who organizes gambling or runs a gambling den in any of the following circumstances carries be liable to a fine of from VND 50,000,000 to VND 300,000,000 or face a penalty of 01 – 05 years’ imprisonment:
a) The offender uses a place under his/her ownership or management for ≥ 10 people to gamble at the same time or for ≥ 02 gambling mats with the stakes of ≥ VND 5,000,000;
b) The total value of stakes at a time is ≥ VND 20,000,000;
c) The offender provides pawnbroker services for gamblers; installs equipment serving the gambling; appoint people to guard or serve; prepares escape in case of raid; uses equipment for assisting the gambling;
d) The offender has incurred an administrative penalty or has an unspent conviction for the same offence or any of the offences specified in Article 321 hereof .
2. This offence committed in any of the following circumstances carries a penalty of 05 – 10 years’ imprisonment:
a) The offence is committed in a professional manner;
b) The illegal profit earned is ≥ VND 50,000,000;
c) Dangerous recidivism.
413. Offenders may also be subject to a fine of VND 20,000,000 to VND 100,000,000 or confiscation of part or all of their property.”