Vietnam: Is it illegal to take advantage of the protection and promotion of the values of cultural heritages to carry out superstitious activities?

Main Content

• What are the rights and obligations of individuals and organizations being owners of cultural heritages in Vietnam?
• Is it illegal to take advantage of the protection and promotion of the values of cultural heritages to carry out superstitious activities in Vietnam?
• What is the fine imposed on entities taking advantage of the protection and promotion of the values of cultural heritages to carry out superstitious activities in Vietnam?

What are the rights and obligations of individuals and organizations being owners of cultural heritages in Vietnam?

Pursuant to Article 15 of the Law on Cultural Heritage 2001, the rights and obligations of individuals and organizations being owners of cultural heritages in Vietnam are as follows:

Organizations and individuals being owners of cultural heritages shall have the following rights and obligations:

1. To observe the provisions in Article 14 of this Law;

2. To apply measures for protecting and promoting the values of cultural heritages; to promptly report to the competent State bodies on cases where cultural heritages are in danger of having their values falsified, being ruined or lost;

3. To send collections of intangible cultural heritages, vestiges, antiques, national precious objects to the State museums or the competent State bodies in cases where they lack conditions and capability to protect and promote the values thereof;

4. To create favorable conditions for organizations and individuals to visit, travel to and study cultural heritages;

5. To exercise other rights and perform other obligations provided for by law.

Thus, the rights and obligations of individuals and organizations being owners of cultural heritages in Vietnam are:

- To lawfully own cultural heritages;

- To visit and study cultural heritages;

- To respect, protect and promote the values of cultural heritages;

- To promptly notify places where vestiges, antiques, national precious objects, historical-cultural relics, famous landscapes and beauty spots are discovered; and hand over vestiges, antiques, national precious objects found by themselves to the nearest competent State agencies;

- To prevent or request the competent State bodies to prevent or promptly handle acts of undermining, appropriating or illegally using cultural heritages.

- To apply measures for protecting and promoting the values of cultural heritages; to promptly report to the competent State bodies on cases where cultural heritages are in danger of having their values falsified, being ruined, or lost;

- To send collections of intangible cultural heritages, vestiges, antiques, and national precious objects to the State museums or the competent State bodies in cases where they lack conditions and capability to protect and promote the values thereof;

- To create favorable conditions for organizations and individuals to visit, travel to and study cultural heritages;

- To exercise other rights and perform other obligations provided for by law.

Is it illegal to take advantage of the protection and promotion of the values of cultural heritages to carry out superstitious activities in Vietnam?

Pursuant to the provisions of Clause 5, Article 13 of the Law on Cultural Heritage 2001 as amended by Clause 3, Article 1 of the 2009 Law on Cultural Heritage as follows:

Prohibited acts

1. To appropriate or improperly alter historical-cultural relics, spots of beauty or scenic places;

2. To ruin or pose a danger of ruining cultural heritages;

3. To conduct illegal excavations at archaeological sites or illegal construction, encroaching upon the land within historical-cultural relics, famous landscapes and beauty spots;

4. To illegally trade, exchange or transportvestiges, antiques or national precious objects pertaining to historical-cultural relics, spots of beauty or scenic places, or vestiges, antiques or national precious objects of illegal origin; to illegally carry abroad vestiges, antiques or national precious objects;

5. To take advantage of the protection and promotion of the values of cultural heritages to seek illicit profits, carry out superstitious activities or commit other illegal acts.

Thus, taking advantage of the protection and promotion of the values of cultural heritages to carry out superstitious activities is one of the prohibited acts. Entities taking advantage of the protection and promotion of the values of cultural heritages to carry out superstitious activities shall face penalties.

What is the fine imposed on entities taking advantage of the protection and promotion of the values of cultural heritages to carry out superstitious activities in Vietnam?

For individuals:

- Pursuant to the provisions at Point c, Clause 6, Article 20 of Decree 38/2021/ND-CP as follows:

Violations against regulations regarding protection of cultural heritage

...

6. Imposing the fine ranging from 30,000,000 dong to 40,000,000 dong for one of the following violations:

a) Damaging artifacts in museums, historical - cultural relics or scenic beauties that have been ranked or included in the Inventory of Local Monuments;

b) Receiving none of written consent from Presidents of the People's Committees of provinces for provincial monuments or none of written consent from the Minister of Culture, Sports and Tourism for national monuments and special national monuments when building construction works to protect and promote the value of monuments in the protected areas No. II;

c) Taking advantage of the act of protecting and upholding value of cultural heritage for mercenary or superstitious reasons.

...

Thus, individuals taking advantage of the protection and promotion of the values of cultural heritages to carry out superstitious activities in Vietnam shall be fined from 30,000,000 dong to 40,000,000 dong.

For organizations:

- Pursuant to the provisions of Clause 2, Article 5 of Decree 38/2021/ND-CP as amended by Clause 2, Article 1 of Decree 128/2022/ND-CP as follows:

Fines and the power to impose fines on individuals and organizations

...

2. Fines mentioned under Chapter II and Chapter III hereof are imposed on individual offenders, except for cases under Clauses 2, 5, 6, and 7 Article 10; Clauses 4, 5, 6, and 7 Article 10 a; Point a Clause 2, Clauses 3, 5, and 6, Points a, b, c, and d Clause 7 Article 14; Clauses 1, 2, 3, and 4 and Point b Clause 5 Article 21; Clauses 1, 2, 3, and 4 and Point b Clause 5 Article 23; Clause 1 Article 24; Articles 30, 38, 39, and 40 hereof which are imposed on organization offenders.

3. If an organization commits the same violation, the amount of fine imposed on that organization shall be 02 times greater than that imposed on an individual.

Thus, organizations taking advantage of the protection and promotion of the values of cultural heritages to carry out superstitious activities in Vietnam shall be fined from 60,000,000 dong to 80,000,000 dong.