IS PLAYING FISH SHOOTING GAMES FOR MONEY A VIOLATION OF THE LAW?

Fish shooting games are a familiar hobby for many people. In the past, fish shooting games were simply a form of entertainment, but now this type of game has been transformed into a form of gambling with money. So how will the act of shooting fish for money be punished by the law?

Table of Contents

1. What is a fish shooting game?

2. How is playing fish shooting games for money punished?

2.1 Administrative sanctions

2.2 Criminal prosecution

1. What is a fish shooting game?

A fish shooting game is understood as an electronic game that is simulated through the screen of the playing machines as an ocean world with a variety of creatures.

The player’s task is to destroy as many creatures as possible. Players only need to spend money to buy coins or points from business locations and then load them into the fish shooting machine. Then just adjust the gun and press the shoot button, the bullets will fly to destroy the creatures moving on the screen.

Each creature will correspond to a certain number of coins, destroying any creature will get that number of coins, otherwise if not destroyed, the player will lose the number of coins bet.

2. How is playing fish shooting games for money punished?

2.1 Administrative sanctions

According to Point a, Clause 2, Article 28 of Decree No. 144/2021/ND-CP stipulating sanctions for administrative violations in the fields of security, order, and social safety; prevention and control of social evils; fire prevention and control; rescue; prevention and control of domestic violence:

“2. A fine of VND 1,000,000 to VND 2,000,000 shall be imposed for one of the following acts:

a) Illegal gambling in one of the following forms: Xoc Dia, Ta La, To Tom, Tu Lo Kho, Tam Cuc, 3 Cay, Tu Sac, Do Den, Co The, Binh An India 6 La, Binh Xap Xam 13 La, Tien Len 13 La, Da Cock, Tai Xiu or other forms with the purpose of winning or losing in money, property, or objects;”

Therefore, the act of gambling online in Vietnam ie gambling by machine will be administratively fined from 1,000,000 VND to 2,000,000 VND.

In addition, the offender must also be forced to return the illegal profits gained from committing the violation specified in Clause 6, Article 28 of Decree No. 144/2021/ND-CP.

2.2 Criminal prosecution

Pursuant to Article 321 of the 2015 Penal Code, amended and supplemented in 2017:

“Article 321. Illegal gambling

1. Any 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 with the stakes under VND 5,000,000 but previously incurred a civil penalty or has a previous conviction for the same offence or any of the offences specified in Article 322 hereof which has not been expunged, shall 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 cases shall carry 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.”

Thus, according to the above provisions, playing fish shooting games for money is an illegal form of gambling, accordingly, violators may be prosecuted for criminal liability with the highest prison term of up to 7 years, in addition to being fined from 10,000,000 dong to 50,000,000 dong.