One of the biggest problems in society today is gambling. Not all gambling acts are administratively sanctioned. Depending on the severity and nature of the gambling behavior, gamblers may be prosecuted for criminal liability. So about the matter “How to deal with gambling under 5 million in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Decree 98/2020/ND-CP
- Penal Code 2015 amended and supplemented in 2017
How to deal with gambling under 5 million in Vietnam?
According to the provisions on gambling offenses specified in Clause 1 of the Penal Code 2015 amended in 2017, specifically as follows:
“Article 321. Crime of gambling
1. Any person who illegally gambles in any form may lose in money or in kind with a value of between VND 5,000,000 and under VND 50,000,000 or under VND 5,000,000 but has been administratively sanctioned for this act or the act specified in Article 322 of this Code or has been convicted of this crime or the crime specified in Article 322 of this Code, has not yet been remitted but continues to commit it, shall be subject to a fine of from VND 20,000,000 to VND 100,000,000, subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years.”
Handling gambling acts under 5 million VND
In case of gambling under 5 million but not committing a gambling crime
Because you gamble with an amount of less than 5 million VND but have never been convicted of this crime or the crime specified in Article 322. Crime of organizing gambling or gambling of the Code, so you are not prosecuted for penal liability. only have to pay administrative fines.
Administrative responsibilities for gambling acts even if such acts do not constitute a crime are specified in Decree No. 167/2013/ND-CP providing for administrative sanctions in the field of security and order. self, social safety; prevention and combat of social evils; fire prevention and fighting; domestic violence prevention and control.
Accordingly, Article 26 of the Decree provides for administrative sanctions in case of illegal gambling as follows:
1. A warning or a fine of from 200,000 VND to 500,000 VND shall be imposed for buying lot and thread numbers.
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, sloppy, shrimp nest, dandelion, three-tree, four-color, red-black, chess or other forms to 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 title boards and other publications for the lottery.
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, lending at casinos, other gambling places;
b) Concealing illegal gambling.
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) Use their own house, place of residence or other means or location to store silver;
c) Illegally placing slot machines or electronic games;
d) Organize illegal money-making betting activities.
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 a quiz:
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) Organizing betting in physical training, sports, entertainment or other activities to gamble and earn money.
6. Additional sanctioning forms:
Confiscate exhibits and means of administrative violations and confiscate money due to administrative violations, for the acts specified in Clause 1; Clause 2; Point a, Clause 3; Points b, c, d Clause 4 and Clause 5 of this Article.
Thus, the competent authority will base on the actual acts that you perform around gambling with an amount of less than 5 million VND to decide to sanction you for administrative violations.
According to Article 321 of the Penal Code, the crime of gambling is prescribed as follows:
– A fine ranging from VND 20,000,000 to VND 100,000,000, non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years for the following acts:
+ An illegal gambler in any form may lose in cash or in kind with a value of between VND 5,000,000 and under VND 50,000,000.
+ The gambler loses in money or in kind with a value of less than 5,000,000 but has been administratively sanctioned for gambling acts or acts of organizing gambling or gambling; or has been convicted of gambling acts or acts of organizing gambling and gambling but still commits violations.
– Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 03 years and 07 years of imprisonment:
+ Be of a professional nature;
+ Money or kind used for gambling valued at VND 50,000,000 or more;
+ Using the internet, computer networks, telecommunications networks or electronic means to commit crimes;
+ Dangerous recidivism.
– Offenders may also be fined from VND 10,000,000 to VND 50,000,000.
Thus, an illegal gambler loses in money or in kind valued at less than VND 5,000,000 but has been administratively sanctioned for gambling acts, acts of organizing gambling, gambling; or are convicted of gambling acts, gambling organization acts, gamblers but continue to violate them, they shall be subject to a fine of between VND 20,000,000 and 100,000,000, a non-custodial reform for up to 3 years or a fine of between VND 20,000,000 and VND 100,000,000 or imprisonment from 6 months to 3 years.
Gambling many times, each time under 5 million, will be criminally handled?
According to the provisions of Article 321 of the Penal Code 2015 amended and supplemented in 2017, gambling offenses are as follows:
1. When determining criminal liability for gamblers, the total amount of money and the value of items used for gambling of all gambling times must not be calculated, but must be based on each gambling time for consideration; As follows:
a) In case the total amount and value of items used for gambling in each gambling session are below the minimum level for criminal prosecution under VND 5,000,000 according to the 2015 Penal Code and do not fall into one of the following categories: In other cases for criminal prosecution (who have been convicted of this crime or the crime of organizing gambling, have not yet been remitted but continue to commit violations), the gambler is not liable for the crime of gambling;
b) In case the total amount of money and the value of goods used for gambling of any gamble is equal to or above the minimum level for criminal prosecution from 5,000,000 VND or more, the gambler must be examined for liability. criminal offense of gambling for that gamble;
c) In case of gambling twice or more and the total amount and value of gambling objects used for each gambling is equal to or above the minimum level for criminal prosecution from VND 5,000,000 or more according to the Ministry of Finance. Under the 2015 criminal law, gamblers must be examined for penal liability for gambling with the aggravating circumstances of “repeated offenses”.
d) In case of gambling five or more times, the total amount and value of gambling objects used for each gambling is equal to or above the minimum level for criminal prosecution from 5,000,000 VND or more according to the Ministry of Finance. Criminal law 2015 and taking money and objects from gambling as the main source of livelihood, gamblers must be examined for penal liability for gambling with the framed circumstances “of a professional nature”.
Thus, with many gambling times but all of them are under VND 5 million, they will not be prosecuted for penal liability according to Article 321 of the Penal Code 2015 as amended and supplemented in 2017.
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Frequently asked questions
According to regulations, illegal gamblers lose in money or in kind valued at less than 5,000,000 VND but have been administratively sanctioned for gambling acts, acts of organizing gambling, gambling; or convicted of gambling acts, gambling organization acts, gambling but continue to commit violations, they may still be subject to imprisonment.
– In case many people participate in gambling together, the determination of money and in-kind value for gambling for each gambler is the total amount of money and in-kind value of the gamblers as guided at Point a of this Clause. Clause 3 of this Article;
– In case of gambling in the form of playing numbers, betting on football, betting on horse racing, etc., one time playing the number game, one time betting on football, one time betting on horse racing… (for calculation) is a single gamble) is understood as participating in a lottery, participating in betting on a football match, participating in betting in a horse race… in which players can play in many installments. The criminal liability determined to a player once gambling in these cases is the total amount of money and the value of in-kind used to play in those games.
Article 321: Crime of gambling
1. Any person who illegally gambles in any form may lose in money or in kind with a value of between VND 5,000,000 and under VND 50,000,000 or under VND 5,000,000 but has been administratively sanctioned for this act or the act specified in Article 322 of this Code or has been convicted of this crime or the crime specified in Article 322 of this Code, has not yet been remitted but continues to commit it, shall be subject to a fine of from VND 20,000,000 to VND 100,000,000, non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years.
2. Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 03 and 07 years of imprisonment:
a) Be of a professional nature;
b) Money or kind 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;
d) Dangerous recidivism.
3. The offenders may also be subject to a fine of between VND 10,000,000 and 50,000,000.
Thus, for the crime of gambling, the maximum prison sentence is up to 07 years.
Conclusion: So the above is How to deal with gambling under 5 million in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
