THE JUDGES' COUNCIL OF THE SUPREME PEOPLES COURT
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No. 01/2010/NQ-HDTP
SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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Hanoi, October 22, 2010
 
RESOLUTION
GUIDING THE APPLICATION OF PROVISIONS OF ARTICLES 248 AND 249 OF THE PENAL CODE
THE JUDGES' COUNCIL OF THE SUPREME PEOPLES COURT
 
Pursuant to the Law on Organization of People's Courts;
In order to correctly and consistently apply provisions of the Penal Code;
After consulting the Director of the Supreme People 's Procuracy and the Minister of Justice,
 
RESOLVES
 
Article 1. Regarding provisions of Article 248 of the Penal Code
1. Illegal gambling means gambling acts in whatever form for the purpose of earning winnings in cash or in kind without permission of a competent state agency or with permission of a competent state agency but at variance with the granted license.
2. When identifying criminal liability of a gambler, it is prohibited to calculate total amount of cash or total value of items used for gambling of all gambling times but consideration shall be based on each gambling time, specifically:
a/ In case the total amount of cash or total value of items in each gambling time is below the minimum level subject to penal liability examination (below VND 2.000.000) and such gambling act does not fall into other cases subject to penal liability examination (having been convicted of this crime or a crime defined in Article 249 of the Penal Code but not yet having this criminal record written off when committing the gambling act), the gambler will not be held criminally liable for the gambling crime;
b/ In case the total amount of cash or total value of items in each gambling time is equal to or higher than the minimum level subject to penal liability examination (VND 2,000,000 or more), the gambler shall be examined for penal liability for the gambling crime with respect to this gambling time;
c/ In case of gambling from the second time on involving a total amount of cash or total value of items each time equal to or higher than the minimum level subject to penal liability examination (VND 2,000,000 or more), gamblers shall be examined for penal liability with an aggravating circumstance of "committing the crime more than once" under Point g, Clause 1, Article 48 of the Penal Code;
d/ In case of gambling from the fifth time on involving a total amount of cash or total value of items each time equal to or higher than the minimum level subject to penal liability examination (VND 2,000,000 or more) with such cash or items as a main source of livelihood, gamblers shall be examined for penal liability with a frame setting circumstance of "committing the crime in a professional manner" under Point a, Clause 2, Article 248 of the Penal Code.

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