King Club: Trò chơi có thưởng hay đánh bạc trá hình?

The crime of gambling or betting is regulated in Article 321 of the Penal Code 2015, amended and supplemented in 2017, as follows:

– The age of criminal responsibility for the subject committing the crime of gambling must be at least 16 years old.

– The subject of the crime of gambling is a general subject. That is, anyone can be the subject of the crime of gambling as long as they meet the conditions regarding age of criminal responsibility and capacity for criminal liability.

In the King Club case, many defendants are businessmen, former officials, and people of high social status, proving that they are fully capable of awareness and controlling their actions, yet still intentionally participated in gambling.

– The act of gambling infringes upon public order, civilized lifestyle, and state management in the field of security and social order.

– The state only allows “games of chance” for foreigners within the scope and conditions of licensing.

The act of Vietnamese people using fake foreign names to participate in betting, winning or losing money is an illegal gambling act, seriously infringing upon the management regime of legal gambling activities.

– The offender acts with direct intent, fully aware that their actions violate the law but still voluntarily participates.

Some defendants claimed, “initially out of curiosity, then became addicted to playing,” but still maintain the element of intent because they understand that the nature of winning or losing money is illegal.

– The objective act is manifested in participating in games of a gambling nature, in which there is winning or losing money or property, such as:

• Using cash, chips, or converting reward points into money;

• Betting on electronic gaming machines with prizes but exceeding the permitted scope;

• Using fake cards with foreign names to evade control in order to participate in gambling.

– Disrupting social order, distorting moral values, stimulating a win-lose mentality, which can lead to other crimes such as fraud, appropriation, and loan sharking.

At King Club, the consequences are even more serious because the participants are educated individuals with status, causing public outrage and affecting trust in the law.

According to regulations, offenders may be:

• Subject to non-custodial reform for up to 3 years or imprisonment from 6 months to 3 years;

• If there are aggravating circumstances, they may be sentenced to imprisonment from 3 to 7 years;

• In addition, they may be subject to additional fines from 10,000,000 VND to 50,000,000 VND.

=> Although King Club is allowed to operate under Decree 121/2021/ND-CP, allowing Vietnamese people to participate in gambling, winning or losing money through electronic gaming machines has exceeded the permitted scope. This act occurred with the participation of the defendants along with the management and operation of King Club, using electronic gaming machines with prizes to organize gambling.

Therefore, in essence, the activities at King Club are no longer a legal “game of chance” but a form of disguised gambling.

The crime of organizing gambling or gambling is regulated in Article 322 of the Penal Code 2015, amended and supplemented in 2017, as follows:
“Article 322. Crime of organizing gambling or gambling
1. Anyone who organizes illegal gambling or gambling in one of the following cases shall be fined from 50,000,000 VND to 300,000,000 VND or imprisoned from 01 year to 05 years:
a) Organizing for 10 or more people to gamble at the same time with a total amount of money or property used for gambling worth 5,000,000 VND or more, or organizing 02 or more gambling tables at the same time with a total amount of money or property used for gambling worth 5,000,000 VND or more;
b) 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 or property used for gambling worth 5,000,000 VND or more, or allowing 02 or more gambling tables at the same time with a total amount of money or property used for gambling worth 5,000,000 VND or more;
c) The total amount of money or property used for gambling in one instance is worth 20,000,000 VND or more;
d) Organizing a place to pawn property for participants in gambling; installing equipment to serve gambling or assigning people to guard, serve during gambling; arranging escape routes when being caught, using means to assist gambling;
e) Having been administratively sanctioned for one of the acts specified in this Article or the act specified in Article 321 of this Code, or having been convicted of this crime or the crime specified in Article 321 of this Code, and not having had the criminal record expunged while still violating.
2. Committing the crime in one of the following cases shall be punished with imprisonment from 05 years to 10 years:
a) Having a professional nature;
b) Illegally profiting 50,000,000 VND or more;
c) Using the internet, computer networks, telecommunications networks, or electronic means to commit the crime;
d) Recidivism.
3. The offender may also be fined from 20,000,000 VND to 100,000,000 VND or have part or all of their property confiscated.”
2.1 Subject of the crime
– The age of criminal responsibility for the subject committing the gambling offense must be at least 16 years old.
– The subject of the crime of organizing gambling is a general subject. That is, anyone can be the subject of the crime of organizing gambling as long as they meet the conditions regarding age of criminal responsibility and capacity for criminal liability.
In the King Club case, the subjects are the managers, operators of the establishment, or employees with positions and authority, that is, special subjects, who must comply with Decree 121/2021/ND-CP.
2.2 Object of the crime
– The act of organizing gambling infringes on public order, social safety, and the state management regime regarding games of chance.
– According to Decree 121, this type of activity is only allowed to serve foreigners. Allowing Vietnamese people to play using fake cards violates the conditions for legal business, turning games of chance into disguised gambling.
2.3 Subjective aspect of the crime
– The offender acts with direct intentional fault. They are fully aware that organizing gambling for Vietnamese people is a violation of the law, but still deliberately carry it out to gain illegal profits.
– In the King Club case, the establishment of “underground rules” to issue fake cards to Vietnamese people shows a proactive and organized awareness in concealing illegal acts. The main motive is profit and maintaining revenue from disguised gambling activities.
2.4 Objective aspect of the crime
The offender organizes, manages, provides locations and means for others to gamble, specifically:
• Allowing Vietnamese people to play under fake names, violating the condition “only for foreigners”;
• Monitoring and concealing gambling activities;
• Using a system of cards, machines, and staff to manage gambling activities with bets, wins, and losses in money;
• Assigning clear roles, demonstrating organization and professionalism.
These acts meet the criteria of “organizing gambling” according to Article 322 of the Penal Code 2015 (amended 2017).
2.5 Consequences of the criminal act
– Causing economic damage, seriously affecting social order and the reputation of management agencies.
– Participants are educated individuals with high social status, increasing the danger and creating a bad precedent for exploiting legal models to organize disguised gambling.
– According to Article 322 of the Penal Code, offenders may be sentenced to 05–10 years in prison, along with additional penalties such as fines, professional bans, or confiscation of property.
=> King Club was licensed to operate electronic games of chance for foreigners under Decree 121/2021/ND-CP; however, the business is only allowed to organize games for foreigners or overseas Vietnamese, must report and control player information, and must not allow Vietnamese citizens to participate in betting with real money.
From February 4, 2024, to June 22, 2024, the group of defendants led by Kim In Sung has:
• Organized for 145 Vietnamese people to gamble illegally;
• Exploited the oversight of regulatory agencies;
• Used fake cards and foreign identities to conceal gambling activities.
Therefore, King Club was prosecuted for the crime of organizing gambling because it exceeded the scope of licensed activities, directly facilitating illegal gambling for Vietnamese citizens, using methods to conceal the act.

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