Is practicing superstitions liable for criminal prosecution in Vietnam?

Is practicing superstitions liable for criminal prosecution in Vietnam?

Pursuant to Article 320 of the Penal Code 2015 stipulates practicing superstitions as follows:

1. Any person who practices fortune-telling, witchcraft or other types of superstitions despite the fact that he/she has incurred an administrative penalty for the same offence or has an unspent conviction for the same offence shall be liable to a fine of from VND 10,000,000 to VND 100,000,000 or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment.

2. This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:

a) The offence results in the death of a person;

b) The illegal profit earned is ≥ VND 200,000,000;

c) The offence has a negative impact on social security, order or safety.

3. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.

Thus, a person practicing superstition may be liable for criminal prosecution in Vietnam for practicing superstition with a maximum prison term of up to 10 years, offenders may also be subject to a fine of from 10,000,000 VND to 50,000,000 VND. The level of punishment depends on the circumstances, developments, and the case file as a basis for the Court to make a decision.

What is administrative penalty for practicing superstitions in Vietnam?

According to Article 14 of Decree 38/2021/ND-CP, violation against regulations on organization of festivals are as follows:

1. Imposing the fine ranging from 200,000 dong to 500,000 dong for one of the following violations:

a) Burning incense or burning votive paper in the wrong places;

b) Uttering profanities, swearing or insulting holy spirit, affecting the solemn atmosphere of festivals;

c) Wearing clothes which are inappropriate or do not conform to Vietnamese cultural traditions.

2. Imposing the fine ranging from 500,000 dong to 1,000,000 dong for one of the following violations:

a) Failing to submit festival review reports to competent state authorities according to regulations;

b) Insisting on asking festival attendees to use services and goods.

3. Imposing the fine ranging from 1,000,000 dong to 3,000,000 dong for one of the following violations:

a) Failing to establish festival organizers’ boards according to regulations;

b) Selling festival tickets and collecting fees for participation in festivals;

c) Organizing festivals without toilets or with toilets that fail to meet the prescribed standards at areas where festivals are held or at relics;

d) Failing to disseminate and introduce purposes, meaning and value of festivals on the loudspeaker systems or signage and other forms of propaganda;

dd) Failing to announce hotline numbers to receive feedbacks from festival participants.

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.

5. Imposing the fine ranging from 5,000,000 dong to 10,000,000 dong for one of the following violations:

a) Restoring customs and practices that affect health, human personality and cultural traditions of Vietnam;

b) Forcing organizations and individuals to contribute their funds to festivals.

6. Imposing the fine ranging from 10,000,000 dong to 15,000,000 dong for one of the following violations:

a) Organizing festivals without prior notification to competent state authorities though such notification is legally required;

b) Organizing festivals involving activities in contravention of the registered ones or those notified to competent state authorities.

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.

8. Remedies:

a) Compelling the disgorgement of illegal gains from commission of the violations defined in point b of clause 3, point a of clause 4 and point d of clause 7 of this Article;

b) Compelling the disgorgement of illegal gains from commission of the offences defined in point b of clause 5 of this Article.

According to this Article, the organizer of superstitious activities in Vietnam will be fined from VND 15,000,000 to VND 20,000,000. This fine applies to individuals, and to organizations, the fine will be twice the amount specified above.

Is practicing superstition to take other people's money considered obtaining property by fraud in Vietnam?

In Article 174 of the 2015 Penal Code, as amended by Clause 3, Article 2 of the Law on Amending the Penal Code 2017, obtaining property by fraud is as follows:

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;

g) The property obtained is assessed at from VND 2,000,000 to under VND 50,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.

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;

b) The property obtained is assessed at from VND 50,000,000 to under VND 200,000,000 or but the offender commits the offence in any of the circumstances specified in Point a through d Clause 1 of this Article.

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, if the offender shows signs of using the practice of superstition to defraud to appropriate other people's property, he or she may be liable for criminal prosecution in Vietnam for obtaining property by fraud. The maximum penalty for this crime is life imprisonment. To determine whether to be liable for criminal prosecution for the above crime, it is necessary to base on the facts and case files for the Court to determine the crime and make a decision.

Best Regards!