When is fortune-telling considered illegal in Vietnam?

What is fortune telling?

Fortune-telling is a folk term that has the general meaning of predicting the future and seeing through your past. Scientifically, fortune-telling is called occultism.

The essence of fortune-telling is so that each person can know his or her destiny, in order to direct people to the good and accumulate good in order to have a happy and happy life in the future. Those who can read fortune-telling are those who have the fortune of the Holy Spirit, or a certain spiritual force. They have the special ability to read people's destiny through various forms, such as palm reading, facial recognition, date of birth, etc., and based on that, to see a person's past and future. or an entire country. These strange abilities are now recognized worldwide.

Fortune telling is still very popular today. Because of their reputation for accuracy, some people will travel a long distance to meet with a fortune teller for advice. Fortune-telling is not intended for profiteering, does not cause bad consequences, and does not affect the security and order situation, so it will not be handled. However, taking advantage of other people's beliefs to organize fortune-telling or any other superstitious activities such as casting spells, incantations to profit, which adversely affect security and order, will be considered a violation.

Forms of Penalties

The activity of fortune-telling will be administratively sanctioned and even criminally prosecuted, depending on the nature and extent of the act.

Article 14 of Decree 38/2021/ND-CP stipulates:

"4. Imposing the fine ranging from 3,000,000 dong to 5,000,000 dong for one of the following violations:

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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:

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dd) Organizing superstitious activities."

Clause 6, Article 20 of this Decree also stipulates:

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

…

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

Thus, acts of organizing fortune-telling or superstitious activities in general will be subject to an administrative fine of up to VND 40,000,000.

This behavior can also be prosecuted for criminal liability according to the provisions of Article 320 of the Criminal Code 2015 of Vietnam.

Therefore, anyone who uses divination, sorcery or other forms of superstition and superstition shall be administratively sanctioned for this act or shall be sentenced for this crime. I

If the criminal record is not expunged but the offender continues to violate the law, he or she will face a fine of between VND 10,000,000 and 100,000,000, non-custodial reform for up to three years, or a prison term of between six months and three years.

Committing the crime in one of the following circumstances, the offenders shall be sentenced to between 3 and 10 years of imprisonment:

- Causing death;

- Gaining illegal profits of VND 200,000,000 or more;

- Causing adverse effects on social security, order and safety.

Regarding additional penalties: offenders may also be fined from VND 10,000,000 to VND 50,000,000.

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