Criminal prosecution of foreigners who organize gambling in Vietnam

by HaTrang

The act of organizing gambling is a violation of the law; and is strictly prohibited by law. Those who illegally perform this act will be dealt with appropriately; and strictly accordingly the provisions of law. However, not everyone knows the sanctions related to this violation. Around the above topic; We will cover a related case that is receiving a lot of public attention. LSX Lawfirm will help you know more about Criminal prosecution of foreigners who organize gambling in Vietnam in the following article.

Penal Code 2015

What is a gambling organization?

Organizing gambling is the act of enticing, enticing and gathering other people to participate in gambling. Gambling organization, in essence, is gambling accompaniment, showing the act of enticing and manipulating; gathering other people to participate in gambling but with additional signs of profiteering purposes. This type of behavior occurs relatively commonly with gambling behavior. Therefore, the act of organizing gambling is regulated as a separate crime.

In addition, the criminal law also stipulates the following on the crime of organizing gambling:

Accordingly Article 322, Criminal Law 2015 stipulates the crime of organizing gambling or gambling as follows: Who organizes gambling; or illegally fixing money in one of the cases prescribed by this law.

Imprisonment of foreigners for gambling?

Legal provisions on criminal handling of foreigners

Legal provisions on criminal handling of foreigners Article 5 of the 2015 Penal Code provides for the effectiveness of the Penal Code for criminal acts in the territory of Vietnam as follows:

Firstly, the Penal Code applies to all criminal acts committed in the territory of the Socialist Republic of Vietnam. This provision also applies to criminal acts; or consequences of criminal acts occurring on board aircraft or seagoing ships with Vietnamese nationality; or in the exclusive economic zone, continental shelf of Vietnam.

Secondly, against foreigners who commit crimes in the territory of the Socialist Republic of Vietnam who have right to diplomatic immunity; or consular under Vietnamese law; according to international treaties to which the Socialist Republic of Vietnam is a signatory; or according to international custom; their criminal liability shall be settled; in accordance with the provisions of the international treaty; or according to such international practice; where such international treaty does not provide for; or without international custom; their criminal liability will be resolved through diplomacy.

Identify

Accordingly the above provisions, handling foreigners committing crimes in the Vietnamese territory will in 1 of 2 cases:

Case 1: The offender is not subject to diplomatic or consular immunity. In this case; Foreigners who commit crimes will be criminally responsible in accordance with Vietnamese law.

Case 2: The offender is subject to diplomatic or consular immunity according to Vietnamese law, international treaties to which Vietnam is a signatory or according to international practices.

In this case, the issue of criminal liability of offenders shall be settled; in accordance with the provisions of international treaties; or relevant international practice. If such international treaty does not provide for; or if there is no international custom; the criminal responsibility of the offender will be resolved through diplomacy.

Thus, if foreigners organize gambling; they will still be prosecuted for penal liability. However, depending on the case will be criminally handled in different forms.

Contact LSX Law firm

Finally, hope this article “Criminal prosecution of foreigners who organize gambling in Vietnam” is useful for you.

If you have any questions please contact Lawyer X for quick and best legal services: +84846175333 or email: hoangson@lsx.vn.

Related questions

What is illegal gambling ?

This is gambling performed in any form with the aim of winning in cash or in kind without the permission of a competent state agency or permitted by a competent state agency, but does not comply with the provisions of the license granted.

What is a silver girdle ?

The act of fixing silver is also known as a silver holder or a silver holder. 
The act of gambling (accommodating gambling) is necessarily a gamble to be considered a gambler; 
If, out of respect, they allow others to use the venue under their management or use for gambling, it will not be considered a gambler. 
Thus, a mandatory sign to determine whether there is an act of fixing silver or not is to collect a deposit or not.

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