How is gambling in the shadow of financial investment 4.0 punished according to the provisions of Vietnamese law?

Currently, the phrase “financial investment” is a hot topic. Through rumors, this is an investment channel to make quick profits. It’s fast and it’s safe, the guarantee is a firm affirmation. In particular, the participants are constantly updated on social networks. These are all pictures of luxury cars, luxury brands, five-star expensive travel, etc. It seems that this is the most obvious guarantee of prestige. A lot of people trust to put a large amount of money into these channels. Everyone dreams of one day the person in that photo is themselves. And everyone wonders “How is gambling in the shadow of financial investment 4.0 punished according to the provisions of Vietnamese law?”.

However, life is not like a dream… In the past few days, a series of financial investment companies have been touched. Online investors were shocked to realize it was all a scam. They just poured money in but didn’t see the money come out. Recently, the media reported that an investment channel Evol. club was investigated. Though it was a financial investment, it turned out to be an online casino. Today, LSX Lawfirm will give you an article about “How is gambling in the shadow of financial investment 4.0 punished according to the provisions of Vietnamese law?”, as follows:

Legal grounds

Penal Code 2015, amendments and supplements in 2017

Decree 167/2013/ND-CP

What is gambling?

Gambling is the act of participating in games and betting with risk. The form of these games is illegal. Patterns are often organized by scale or line. Consequences can cause great damage in terms of material interests. It can be mentioned as money, objects, valuable papers, or real estate,… All these assets can be taken away when gambling. Gambling has clear rules for handling.

So Gambling is a dangerous behavior for society, infringing on social order, not only adversely affecting the family and individual players but also can be the cause of social evils and other crimes. Therefore, this crime is specified in the Vietnamese Criminal Law very early.

In order to distinguish gambling behavior from the fraudulent appropriation of property, it must be based on the characteristics of games in gambling. A game in gambling is a game in which a participant’s win or loss is entirely due to chance or depends on some ability of the participant or depends on both (ability and chance) or depends on other factors independent of the will of the participants as well as of the organizer. A gambling game that is different from a game is a trick of the deceitful act of obtaining property then. A cheat game is a game in which one or several participants or organizations can take the initiative to win or lose through certain fraudulent tricks. The main penalty prescribed for gambling offenses carries a maximum of 7 years in prison. Additional penalties may be fines then.

What is online gambling?

Online gambling is when players participate in online casinos and games. With the development of information technology, gambling has also changed. It’s now even easier for players and organizers to gamble. Material benefits are usually transacted via bank cards. That is, the player will have to deposit money into the game account via the bank. This is not too difficult because banking is already popular. All they need to do is interact via smartphone. This form is even more unpredictable and complicated for the authorities to conduct investigations.

The essence of financial investment in this case?

Similar to Evol.com, all forms of advertising are financial investments. They advertise their success very loudly. The enterprise system also seems to be very professional. There are groups, leaders, instructors, and even a remote communication channel.

Along with that are the flowery messages: “Financial investment in 4.0”, “Millionaire in one note”, and “Get rich today”. Or have personal motivational taglines. “Your rate of getting rich must be faster than your parents’ aging rate”; “Success is when daring to do”,… This makes investors weak and immediately splashes their money. Even if they do not understand this investment channel.

Then, after being consulted, they figured it out. The trading site turned into an online casino.

How to gamble through the name of financial investment 4.0?

To be able to start making money, investors must use real money to deposit into the betting account for the game of Baccarat. Sometimes investors don’t even know they are gambling. They simply follow the instructions. And the advice is very good. It’s not red and black, but a measure of methodical investment.

Most especially, according to the consultant, when investing at Evol. club, investors can participate in the “Capital preservation insurance package”. The rules of the game are very simple, players can bet 50/50. To be sure, they even have expert tutors. I don’t know who these experts are. However, every day, I will enter to read orders. The player’s job is just to enter the application and follow the command that has been read. They are guaranteed never to lose. This is no different from “do not work but also eat”. The investor’s job is just to put money in.

Some other sites, the head will specify. Players deposit money, gamble on it, and the house collects money. In addition, it also entices others to gamble on many other sites. All are multi-level forms. These websites all have tricks to pickpocket players in an extremely sophisticated way.

How is gambling in the shadow of financial investment 4.0 penalized?

No matter who is hiding, online gambling is still gambling and is handled according to regulations. So how is online gambling handled?

Administrative handling (different from handling administrative violations)

Term 1

1. A warning or a fine of from VND 200,000 to VND 500,000 shall be imposed for buying batch or thread numbers.

Clause 2

2. A fine of between VND 1,000,000 and 2,000,000 shall be imposed for one of the following gambling acts:

a) Illegal gambling in one of the forms such as jockey, spar, shrimp nest, dandelion, three chrysanthemum, 3 trees, four colors, red and black, chess, or other forms that win or lose by money, in-kind;

b) Gambling with illegal machines or electronic games;

c) Betting with money or in other forms in sports competition, entertainment, and other activities;

d) Sale of bulletin boards and other publications for the lottery.

clause 3

3. A fine of between VND 2,000,000 and 5,000,000 shall be imposed for one of the following acts:

a) Receiving deposits, pawning, and lending at casinos, and other gambling places;

b) Concealing illegal gambling.

In addition

Clause 4

4. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for one of the following acts of organizing gambling:

a) Inciting, enticing, or gathering other people to gamble illegally;

b) Using their own house, place of residence, or other means or locations to store silver;

c) Illegally placing slot machines or electronic games;

d) Organize illegal gambling activities.

Clause 5

5. A fine ranging from VND 10,000,000 to VND 20,000,000 shall be imposed for one of the following acts of organizing quizzes:

a) Owning lots and topics;

b) Organize the production and distribution of title boards and other publications for the lottery;

c) Organize a network to sell batch and title numbers;

d) Organize betting in physical training, sports, entertainment, or other activities to gamble and earn money. Compared with the above regulations, gambling acts will be fined from 1,000,000 VND to 2,000,000 VND; organize gambling from 5,000,000 VND to 10,000,000 VND. You can refer to it to determine the fine, whereby if your brother just watched but did not report it, he may be punished with the act of concealing the above illegal gambling.

Criminal handling

Term 1

1. Any person who illegally gambles in any form and loses in money or in-kind valued at between VND 5,000,000 and under VND 50,000,000 or under VND 5,000,000 has been administratively sanctioned for this act or the act specified in Article 322 of this Code, or is convicted for this crime or the crime specified in Article 322 of this Code, has not yet had his criminal record remitted but still commits it, shall be subject to non-custodial reform. imprisonment for up to 3 years or imprisonment from 6 months to 3 years then.

Clause 2

2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 3 and 7 years of imprisonment then:

a) Be of a professional nature;

b) Money or kindly used for gambling valued at VND 50,000,000 or more;

c) Using the internet, computer networks, telecommunications networks, or electronic means to commit crimes then;

d) Dangerous recidivism then.

Clause 3

3. The offenders may also be subject to a fine of between VND 10,000,000 and 50,000,000.

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Above is LSX Lawfirm’s advice on the content of the problem “How is gambling in the shadow of financial investment 4.0 punished according to the provisions of Vietnamese law?“. And all the above knowledge to use in work and life. If you have any questions and need more advice and help, please contact the hotline for the reception. Lawyer X is a place that provides reputable and fast business services at reasonable prices. Customers will be extremely satisfied when using our services.

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