What is the penalty for people who gamble and play dice during Tet holiday?

Many people think that gambling for money is just a fun activity among family and friends during Tet, betting money only increases the appeal and has nothing to do with the law.

However, according to the law, illegal gambling is gambling carried out in any form with the purpose of winning or losing money or objects without permission from a competent State agency or with permission from a competent State agency but not in accordance with the provisions of the granted license.

Money or objects used for gambling include: Money or objects used for gambling seized directly at the gambling table; Money or objects seized from gamblers that have grounds to determine have been or will be used for gambling; Money or objects seized in other places that have sufficient grounds to determine have been or will be used for gambling.

Depending on the severity of the violation, illegal gamblers will be subject to administrative fines or criminal prosecution.

According to the provisions of Decree 144/2021/ND-CP, if you play card games for entertainment but win or lose money or objects worth 5 million VND or less, you will be subject to administrative sanctions.

Specifically, a fine of 1 - 2 million VND will be imposed on gambling activities such as dice, thirteen, thirteen, three-card poker, thirteen, thirteen... or other forms with the purpose of winning or losing with money, property, or objects.

Fines of 2 - 5 million VND for acts such as accepting deposits, pawning, lending money at gambling places, helping to conceal illegal gambling.

Fines of 5 - 10 million VND for acts of enticing, luring, gathering others to gamble illegally, using houses, accommodation, vehicles or other locations to store gambling.

In addition, if gambling meets the criminal elements of Gambling, criminal liability will be prosecuted, according to the provisions of Article 321 of the 2015 Penal Code.

Specifically, anyone who illegally gambles in any form, wins or loses money or objects worth from 5 million VND to under 50 million VND, or under 5 million VND but has been administratively punished for this act, and has not had his criminal record cleared, and still commits the violation, shall be fined from 20 to 100 million VND, sentenced to non-custodial reform for up to 3 years, or imprisoned from 6 months to 3 years.

Committing a crime in one of the following cases of professional nature, money or objects worth 50 million VND or more, can be prosecuted with a maximum penalty of up to 7 years in prison. The offender can also be fined 10 - 50 million VND.

When will gambling organizers during Tet be prosecuted?

Article 322 of the 2015 Penal Code (amended by Clause 121, Article 1 of the Law amending the 2017 Penal Code) stipulates the crime of organizing gambling or gambling. Accordingly, people who organize gambling during Tet can be prosecuted in the following cases:

Penalty frame 1: Anyone who organizes illegal gambling or gambling in one of the following cases shall be fined from 50 to 300 million VND or imprisoned from 1 to 5 years:

Organizing 10 or more people to gamble at the same time with a total amount of money and gambling objects worth 5 million VND or more, or organizing 2 or more gambling tables at the same time with a total amount of money and gambling objects worth 5 million VND or more.

Using a location owned or managed by oneself to allow 10 or more people to gamble at the same time with a total amount of money and gambling objects worth 5 million VND or more, or allowing 2 or more gambling tables at the same time with a total amount of money and gambling objects worth 5 million VND or more.

Total amount of money and items used for gambling at one time is worth 20 million VND or more.

Organizing a place to pawn assets for gamblers; installing equipment for gambling or assigning guards or attendants when gambling; arranging escape routes when being surrounded or arrested; using means to assist in gambling.

Having been administratively sanctioned for one of the acts specified in this Article or the act specified in Article 321 of the 2015 Penal Code or having been convicted of this crime or the crime specified in Article 321 of this Code, not having had the criminal record cleared and still committing the violation.

Penalty frame 2: Committing a crime in one of the following cases shall be punished by imprisonment from 5 to 10 years: Professional in nature; Illegally profiting from 50 million VND or more; Using the internet, computer networks, telecommunications networks or electronic means to commit crimes; Dangerous recidivism.

Additional penalties: Offenders may also be fined from 20 to 100 million VND or have part or all of their property confiscated.

Thus, gambling for fun at home during Tet with money, even if it is only a few thousand dong, is considered a violation of the law. Only gambling for entertainment, without the intention of winning or losing, will not be punished.

To have a happy and safe Tet, people should not gamble for money in any form, even if it is just for fun, it is a violation of the law.

Wisdom

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