What is the penalty for organizing gambling or gambling?

Gambling, organized gambling is increasingly prevalent and sophisticated, existing in various forms. These are all illegal activities, subject to administrative or criminal penalties depending on the nature and severity of the violation. So, how much is the penalty for organizing gambling or gambling? Please read the following article by Mytour for more information.

How many years in prison is the penalty for organizing gambling?

1. What is gambling, organized gambling?

Referring to the spirit of Resolution 01/2010/NQ-HĐTP, the Penal Code (PC) defines gambling, organized gambling as follows:

- Gambling refers to participating in games organized illegally, where the main purpose of the game is to win with money, assets, material benefits.

=> Illegal gambling is engaging in any form of gambling, with the aim of winning money/items without authorization from competent authorities, or being authorized but not adhering to the permit.

- Organizing gambling: includes various acts such as enticing, persuading others to engage in illegal gambling, using one's own house/residence as a venue for gambling, organizing betting, ... => These acts aim to create conditions, venues for others to engage in illegal gambling or to entice, persuade them into the game.
 

2. How much is the penalty for organizing gambling?

2.1. From a criminal perspective

Pursuing criminal responsibility for the offense of organizing gambling as stipulated in Article 322 of the Penal Code 2015, amended in 2017:

- Penalty framework 1: Fines from 50 million to 300 million VND or imprisonment from 01 year to 05 years:

+ Organizing for 10 or more people to gamble at the same time with a total value of gambling money/items of 5 million VND or more, or organizing 02 or more gambling tables at the same time with a total value of gambling money/items of 5 million VND or more;
+ Using one's own property or management rights to organize gambling: 10 or more people gambling, total value of money/items over 5 million, or organizing 02 or more gambling tables at the same time with a total value of money/items over 5 million.
+ Total gambling money/items in one session: 20 million VND or more;
+ Organizing a place to pawn property for gambling participants.

Installing gambling equipment or assigning guards, servants during gambling; arranging escape routes when besieged, using means to assist in gambling;

+ Has been fined for administrative violations related to any of the behaviors mentioned above, or gambling behavior (Article 321 of the Penal Code); or has been convicted of this offense or gambling offense without having the conviction record expunged and still commits violations.

- Penalty framework 2: imprisonment from 05 years to 10 years

Organizing gambling falls under one of the following cases:

+ Has a professional nature;
+ Illegally gains profits of 50 million or more;
+ Using the internet, computer networks, telecommunications networks, or electronic means to commit offenses;
+ Dangerous recidivism.

Pursuing criminal responsibility, imposing administrative fines for the offense of organizing gambling, gambling
 

2.2. From an administrative perspective

According to Clause 4, Article 28 of Decree 144/2021/ND-CP, if the offense of organizing gambling does not reach the level of criminal prosecution, it shall be fined administratively as follows:

Fine from 5 million - 10 million for one of the following acts:

- Enticing, persuading, gathering others to engage in illegal gambling;
- Using one's own house, residence, vehicle, or other managed locations to harbor gambling activities;
- Installing illegal gambling machines, electronic games;
- Organizing unauthorized betting activities.

In addition, supplementary penalties apply: Confiscation of confiscated items, vehicles, and requiring offenders to return illegally obtained profits.

Furthermore, if you're wondering whether playing online card games for rewards violates the law or not? Readers can refer to the article below to understand more.

Read more: Does playing online card games for rewards violate the law?

2.3. Can organized gambling receive a suspended sentence?

According to Article 65 of the Penal Code, and Resolution 02/2018/NQ-HĐTP, organized gambling can receive a suspended sentence if the offender meets the following conditions:

(1) Charged under Article 322, Clause 1 of the Penal Code with a penalty not exceeding 03 years in prison;
(2) Having a good personal background

In addition to this offense, the offender complies with policies, laws and fulfills citizen obligations at their residence, workplace.

(3) Having at least 02 mitigating circumstances or more

Including at least 01 circumstance under Article 51, Clause 1 of the Penal Code, and no aggravating circumstances under Article 52, Clause 1 of the Penal Code.

(4) Residence

Clearly registered residence or stable workplace for supervision and education by competent authorities, organizations.

(5) Considered unnecessary to enforce imprisonment if the offender has the ability to rehabilitate themselves and granting them a suspended sentence does not pose a danger to society; does not adversely affect public security, order, or safety.

Provisions on penalties for the offense of organizing gambling under the Penal Code 2015
 

3. How much is the penalty for gambling?
 

3.1. Prosecuting criminal liability up to 07 years in prison

Anyone engaging in illegal gambling may be prosecuted under Article 321: Gambling offense - Penal Code 2015, amended 2017, specifically:

- Penalty framework 1: Fine from 20 million to 100 million VND, non-custodial rehabilitation penalty up to 03 years or imprisonment from 06 months to 03 years.

=> Applied to individuals engaged in illegal gambling in any form resulting in money or items valued from 5 million to less than 50 million VND or less than 5 million VND but falling into the following cases:

+ has been fined administratively for gambling offenses/organizing gambling offenses;
+ or has been convicted of this offense or organizing gambling offense, without having the conviction record expunged and still commits violations.

- Penalty framework 2: Imprisonment from 03 years to 07 years if falling into one of the following cases:

+ Having a professional nature;
+ Money or items used for gambling valued at 50 million VND or more;
+ Using the internet, computer networks, telecommunications networks, electronic means to commit offenses;
+ Dangerous recidivism.

- Supplementary penalty: Fine from 10 million to 50 million VND.
 

3.2. Administrative penalty

Illegal gambling behavior is penalized according to Article 28 of Decree 144/2021/NĐ-CP as follows:

- Buying lottery numbers: fined 200 - 500 thousand VND;
- Fined 01 - 02 million VND for one of the following behaviors:

+ Illegal gambling through forms such as dice, blackjack, crab, shrimp, sap, three cards, four colors, red black, chess, Indian six-card stud, thirteen-card poker, thirteen-card tien len, cockfighting, tai sai or other forms for the purpose of winning money, property, items;
+ Gambling with illegal machines, electronic games.
+ Illegal betting on sports competitions, recreational activities or other activities.

- Additionally, the following behaviors are fined from 02 - 05 million VND: protecting illegal gambling points; aiding, concealing illegal gambling,...

The provided information has helped readers answer the question how much is the penalty for organizing gambling, gambling? Everyone should note, avoid being lured into participating in losing games, betting, and being dealt with according to the law.