How is gambling crime handled?

The crime of gambling is stipulated in Article 321 of the 2015 Penal Code as follows:

1. Anyone who illegally gambles in any form, wins or loses money or objects worth from VND 5,000,000 to 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 had his/her criminal record expunged and continues to commit the violation, shall be subject to non-custodial reform for up to 03 years or imprisonment from 06 months to 03 years.

2. Committing a crime in one of the following cases shall be punishable by imprisonment from 03 to 07 years:

a) Professional in nature;

b) Money or objects used for gambling worth VND 50,000,000 or more;

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

d) Dangerous recidivism.

3. The offender may also be fined from VND 10,000,000 to VND 50,000,000.

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Regarding the form of handling of money and goods:

According to Article 321 of the 2015 Penal Code, it is stipulated as follows:

In case the offender has committed illegal gambling and the money or gambling objects are worth 5,000,000 VND or more:

Gambling constitutes a crime when the money or gambling objects of each gambling session are worth VND 5,000,000 or more. Money or objects used for gambling are things that can be seized directly at the gambling table, from the gambler or elsewhere where there is sufficient basis to determine that they have been or will be used for gambling.

It is necessary to distinguish between the following cases when determining money and the value of objects used for gambling:

- In case many people participate in gambling together (dice shaking, playing cards, etc.), the determination of money and value of gambling objects for each gambler is the total amount of money and value of gambling objects of all participants seized by the Investigation Agency on the gambling table. If the total amount of money seized is worth VND 5,000,000 or more, the gamblers will be prosecuted for criminal liability for the crime of Gambling as prescribed in Article 321 of the 2015 Penal Code.

- In the case of gambling in the form of playing lottery, football betting, horse racing betting... then one such game is understood as participating in playing a lottery, betting on a football match, betting on a horse race... in which the player can play in many rounds and the criminal responsibility determined for the player who gambles once in these cases is the total amount of money and value of objects used to play in those rounds.

According to Official Dispatch No. 01/2017/GD-TANDTC dated April 7, 2017 of the Supreme People's Court, the determination of the amount of money used for gambling (lottery or betting) is carried out according to the instructions at Points a, b, Section 5.1, Clause 5, Article 1 of Resolution No. 01/2010/NQ-HDTP dated October 22, 2010 of the Council of Judges of the Supreme People's Court. Accordingly, the amount of money used by lottery players and bettors for gambling is the total amount of money they have spent to buy lottery numbers and bet plus the actual amount they receive from the topic, bookmaker (in case the lottery player or bettor wins the lottery, wins the bet) or the total amount of money they have spent to buy lottery numbers and bet (in case the lottery player or bettor does not win the lottery, does not win the bet).

Regarding the settlement of money and other assets carried by gamblers:

- If the Investigation Agency proves that the money and other assets that the gambler brought with him are related to gambling, they will be temporarily detained, confiscated, and turned over to the State budget.

In case the investigation agency proves that the money and assets the gambler brought with him are not related to gambling, but during the investigation of the case, the investigation agency can still temporarily detain this money and assets to serve the investigation, clarify the violation of the law, and ensure the execution of the judgment when the case is brought to trial.

- In case of gambling but the amount is not enough to be prosecuted, the settlement of the amount of money and property carried on the person will be carried out as follows:

+ If the investigation agency proves that the money and some other assets that the gambler brought with him/her to use for gambling or obtained from gambling will be administratively sanctioned according to the provisions of Point c, Clause 2, Article 26 of Decree No. 167/2013/ND-CP dated November 12, 2013 of the Government stipulating administrative sanctions in the fields of security, order and social safety; Prevention and control of social evils; Fire prevention and fighting; Prevention and control of domestic violence and will be subject to the additional penalty of "Confiscation of exhibits, means of administrative violation and confiscation of money obtained from administrative violations" according to the provisions of Clause 6, Article 26 of this Decree.

+ If the investigation agency proves that the money and other assets the gambler brought with him were not used for gambling and were not related to any illegal acts, the investigation agency will consider returning them./.