Gambling, Organizing Gambling or Running a Gambling Den

Article 321. Gambling

1. Any person who illegally gambles in any form in which money or property worth from VND 5,000,000 to under VND 50,000,000 is at stake, or under VND 5,000,000 but who has already been administratively sanctioned for this act or the act prescribed in Article 322 of the Penal Code 2015, or has been convicted of this offense or the offense prescribed in Article 322 of the Penal Code 2015 and has not had the conviction expunged, shall be subject to a fine of between VND 20,000,000 and VND 100,000,000, non-custodial reform for up to 03 years, or imprisonment for a term of between 06 months and 03 years.

2. The offender shall be subject to imprisonment for a term of between 03 years and 07 years if the offense falls under any of the following circumstances:
   a) Committed in a professional manner;
   b) The money or property used for gambling is valued at VND 50,000,000 or more;
   c) Using the internet, computer networks, telecommunications networks, or electronic means to commit the offense;
   d) Dangerous recidivism.

3. In addition to the principal penalties, the offender may also be subject to a fine of between VND 10,000,000 and VND 50,000,000.

Article 322. Organizing Gambling or Running a Gambling Den

1. Any person who illegally organizes gambling or runs a gambling den under any of the following circumstances shall be subject to a fine of between VND 50,000,000 and VND 300,000,000 or imprisonment for a term of between 01 year and 05 years:
   a) Organizing gambling for 10 or more persons at the same time with a total amount of money or property used for gambling valued at VND 5,000,000 or more, or organizing 02 or more gambling tables at the same time with a total amount of money or property used for gambling valued at VND 5,000,000 or more;
   b) Allowing 10 or more persons to gamble at the same time at a location under his/her ownership or management with a total amount of money or property used for gambling valued at VND 5,000,000 or more, or allowing 02 or more gambling tables at the same time with a total amount of money or property used for gambling valued at VND 5,000,000 or more;
   c) The total amount of money or property used for gambling in a single instance is valued at VND 20,000,000 or more;
   d) Establishing a place for pawning property for gamblers; installing equipment for gambling; assigning persons to guard or serve during gambling; arranging escape routes in case of raid; using means to assist gambling activities;
   dd) Having already been administratively sanctioned for one of the acts prescribed in this Article or in Article 321 of this Code, or having been convicted of this offense or the offense prescribed in Article 321 of this Code, and the conviction has not been expunged but commits the violation again.

2. The offender shall be subject to imprisonment for a term of between 05 years and 10 years if the offense falls under any of the following circumstances:
   a) Committed in a professional manner;
   b) Illegally earning profits of VND 50,000,000 or more;
   c) Using the internet, computer networks, telecommunications networks, or electronic means to commit the offense;
   d) Dangerous recidivism.

Guidance on Clause c (use of internet, computer networks, telecommunications, or electronic means)

According to Official Letter No. 196/TANDTC-PC (2018) of the Supreme People’s Court:

The aggravating circumstance of “using the internet, computer networks, telecommunications networks, or electronic means to commit the offense” under Point c, Clause 2, Article 321 and Point c, Clause 2, Article 322 of the Penal Code shall be understood as the use of such means for online gambling (e.g., establishing online gambling tables, or using the internet, computer networks, telecommunications networks, or electronic means to organize or run gambling activities).

Where the offender only uses such means for communication purposes (e.g., texting via phone, email, Zalo, Viber to record lottery numbers, horse race betting, etc.) without forming online gambling games in which money or property is at stake, such acts shall not fall within the scope of “using the internet, computer networks, telecommunications networks, or electronic means to commit the offense” as prescribed under the above provisions.

Legal Basis:

• Article 321 (Gambling) and Article 322 (Organizing Gambling or Running a Gambling Den), Penal Code 2015;

• Clauses 120 and 121, Article 1 of the Law amending and supplementing a number of articles of the Penal Code 2017;

• Official Letter No. 196/TANDTC-PC (2018).