THE OFFENCE OF GAMBLING UNDER VIETNAMESE CRIMINAL LAW: CHALLENGES IN THE CONTEXT OF DIGITAL TECHNOLOGY AND CROSS-BORDER ACTIVITIES

Abstract

Under Vietnamese criminal law, gambling is regulated as an offence infringing upon public order, closely associated with the objective of maintaining social stability and controlling social evils that pose a risk of widespread proliferation. Article 321 of the 2015 Criminal Code, as amended and supplemented in 2017 and 2025, constitutes the central legal provision governing criminal liability for gambling offences, while also delineating the boundary between administrative sanctions and criminal prosecution. However, the rapid development of digital technology and the increasing prevalence of gambling activities involving foreign elements have exposed significant limitations within the current legal framework. This article identifies and analyses three major shortcomings in both legislation and law enforcement practice concerning gambling offences in Vietnam, namely: (i) difficulties in determining the value of money or property used for gambling as a basis for criminal liability; (ii) legal gaps in addressing gambling activities involving foreign elements; and (iii) inconsistencies in the interpretation and application of aggravating circumstances relating to the use of the internet and electronic means to commit gambling offences. Based on a qualitative analysis of relevant legal provisions and their practical application, the article proposes several recommendations aimed at enhancing the transparency, consistency, and effectiveness of Vietnamese criminal law in addressing gambling offences in the context of digital transformation and international integration.