Is fortune-telling on the occasion of the Lunar New Year prohibited? What are the penalties for taking advantage of fortune-telling for profit in Vietnam?
Fortune telling is the practice of predicting information about a person's life. Therefore, people want to have their life fortunetelled on the occasion of the Lunar New Year to be able to predict the important events that will appear this year.
Is the act of fortune-telling on the occasion of the Lunar New Year prohibited in Vietnam?
Pursuant to Clause 5, Article 5 of the Law on religion and folk belief 2016, the prohibited acts are as follows:
Prohibitions
1. Discriminate or differentiate on the pretext of religion or folk belief.
2. Coerce, entice or obstruct people to or not to practice a religion or folk belief.
3. Insult a religion or folk belief.
4. Practices of folk beliefs or religious activities:
a) That encroach on national security, national defense, national sovereignty, social order and safety, environment;
b) That violate social ethics or people's body, health, life, assets or dignity;
c) That obstruct the exercise of a citizen’s rights and obligations;
d) That sow divisions among the people or religions; between practicing and non-practicing people; and among the followers of different folk beliefs or religions.
5. Abuse the practice of folk beliefs or religious activities for profiteering.
Accordingly, because fortune-telling is an act of abusing the practice of folk beliefs or religious activities for profiteering, it is considered a violation of the law.
Is fortune-telling on the occasion of the Lunar New Year prohibited? What are the penalties for taking advantage of fortune-telling for profit in Vietnam? (Image from the Internet)
What are the penalties for organizing fortune-telling in Vietnam?
Pursuant to Clause 4, Article 14 of Decree 38/2021/ND-CP and Clause 7, Article 14 of Decree 38/2021/ND-CP stipulates:
Violation against regulations on the organization of festivals
...
4. Imposing the fine ranging from 3,000,000 dong to 5,000,000 dong for one of the following violations:
a) Exploiting festival activities to any personal advantage;
b) Joining superstitious activities in festivals.
...
7. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for one of the following violations:
a) Organizing festivals that are subject to registration regulations without any written consent from competent state authorities;
b) Organizing traditional festivals of which historical and cultural nature and meaning are not correct;
c) Performing rituals that are violent, offensive, contrary to the traditional peace-loving and humanitarian tradition of Vietnam;
d) Failing to delay festivals at the request of the competent state authority;
dd) Organizing superstitious activities.
Accordingly, the organization of fortune telling which is an organization of superstitious activities shall be imposed a fine ranging from 3,000,000 dong to 5,000,000 dong. Participants in this superstitious activity may also be imposed a fine ranging from 3,000,000 dong to 5,000,000 dong.
This fine level applies to individuals. For organizations, the fine level shall be doubled.
What are the penalties for taking advantage of fortune-telling for profit in Vietnam?
Pursuant to Article 174 of the 2015 Criminal Code, a number of phrases have been annulled by Clause 3, Article 2 of the Law on amendments to the Criminal Code 2017 as follows:
Obtaining property by fraud
1. A person who uses deception to obtain another person's property which is assessed at from VND 2,000,000 to under VND 50,000,000 or property assessed at under VND 2,000,000 in any of the following circumstances shall face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment:
a) The offender has incurred an administrative penalty for appropriation of property;
b) The offender has an unspent conviction for theft of property or any of the criminal offences specified in Article 168, 169, 170, 171, 172, 173, 175 and 290 hereof;
c) The offence has a negative impact on social safety, order and security;
d) The property illegally obtained is the primary means of livelihood of the victim and the victim's family;
2. This offence committed in any of the following circumstances carries a penalty of 02 - 07 years' imprisonment:
a) The offence is committed by an organized group;
b) The offence is committed in a professional manner;
c) The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000;
d) Dangerous recidivism;
dd) The offence involves abuse of the offender's position or power or committed in the name of an agency or organization;
e) The offender employs deceitful methods to commit the offence;
3. This offence committed in any of the following circumstances carries a penalty of 07 - 15 years' imprisonment:
a) The property obtained is assessed at from VND 200,000,000 to under VND 500,000,000;
c) The offender takes advantage of a natural disaster or epidemic to commit the offence.
4. This offence committed in any of the following circumstances carries a penalty of 12 - 20 years' imprisonment or life imprisonment:
a) The property stolen is ≥ VND 500,000,000;
c) The offender takes advantage of a war or state of emergency to commit the offence.
5. The offender might also be liable to a fine of from VND 50,000,000 to VND 200,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years or have all or part of his/her property confiscated.
Thus, accordingly, taking advantage of fortune-telling for profit will be criminally responsible according to the above provisions, depending on the level of crime, the highest level may be life imprisonment when the property stolen is ≥ VND 500,000,000
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