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The elements of the crime of organizing gambling in Vietnam are regulated under Article 322 of the 2015 Penal Code (amended and supplemented in 2017).
Examples of Organizing Gambling in Vietnam
The crime of organizing gambling includes various forms and methods, ranging from traditional to modern. Below are some typical examples of organizing gambling in Vietnam:
1. Organizing Traditional Casinos: A group of people rents a discreet house, sets up gambling tables, invites players to participate in games such as poker and xì tố, and collects money from the players. The organizer keeps a portion of the bets or charges a fee from the players. These types of casinos often operate at night and use security measures such as doormen to avoid detection. When discovered by authorities, both organizers and participants are arrested and prosecuted according to the law.
2. Organizing Online Gambling: An individual or group creates websites or mobile applications to organize online gambling. Players can deposit money into their accounts to participate in online gambling games such as football betting, poker, xì tố, and other games. These organizations often use overseas servers, making them difficult to control. Players participate by depositing money through online payment methods, and the organizers profit from service fees or the losses of the players.
3. Sports Betting: Organizing football betting during major sports events such as the World Cup, Euro, or national football leagues. The organizer accepts bets from players and, after the match results are known, pays out winnings or collects losses. This form of gambling usually takes place through websites, online applications, or intermediaries who collect bets from players. The organizer keeps a portion of the bets or charges a fee from the players.
4. Organizing Gambling at Fairs and Events: At fairs or events, some people organize gambling games such as bầu cua cá cọp (a traditional Vietnamese game), lottery, or prize wheels with money bets. These games attract many participants who place bets on the game’s outcome. The organizers profit from the players’ bets and often use cheating methods to ensure that players lose more than they win.
Constitutive Elements of the Crime of Organizing Gambling in Vietnam
The constitutive elements of the crime of organizing gambling include the necessary legal factors to determine that the act of organizing gambling is a criminal offense according to the law. According to Article 322 of the 2015 Penal Code (amended and supplemented in 2017), the crime of organizing gambling or harboring gambling has specific constitutive elements as follows:
Objective Aspect of the Crime of Organizing Gambling
The act of organizing gambling involves organizing, operating, or supporting illegal gambling activities. This includes:
- Setting up gambling venues or gambling points.
- Providing locations, tools, or means for gambling activities.
- Managing, operating, collecting money, or paying money for gambling participants.
- Means and location of the crime: The offender uses means and locations such as private houses, public places, websites, or online applications to organize gambling activities.
Subjective Aspect of the Crime of Organizing Gambling
The offender commits the act of organizing gambling with intentional fault, meaning they are aware that their behavior is illegal but still deliberately carry it out to gain illicit profits.
Object of the Crime of Organizing Gambling
The act of organizing gambling infringes on public order and disrupts social moral values, affecting security, order, and causing economic harm.
Subject of the Crime of Organizing Gambling
The offender must be a person aged 16 or older. Individuals aged 14 to under 16 are not considered subjects of this crime because Article 322 of the Penal Code is not listed in Clause 2, Article 12 of the Penal Code.
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