Is using invocation considered superstition in Vietnam?
Please ask: Is using invocation considered superstition in Vietnam? In case of taking advantage of the use of invocation to practice superstition, how much is fine in Vietnam? Hope to get an answer. Question from Mr. and Mrs. Loan in Hanoi.
What is superstition? What are beliefs and practice of folk beliefs in Vietnam?
According to Clause 1, Article 2 of the 2016 Law on Religion and Folk belief, there is a terminology as follows:
Terminology
In this Law, the following words and expressions shall bear the following meanings:
1. Folk belief represents the human’s faith manifested through rituals in connection with traditional custom to bring about individual and communal spiritual peace.
2. Practice of folk beliefs means the activities of worshiping ancestors and sacred symbols, of commemorating and honoring people with meritorious contributions to the country or a community; and folk rituals typical of historical, cultural, ethical and social values.
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Thus, folk belief is human’s faith expressed through practice of folk beliefs such as activities of worshiping ancestors, folk rituals,... associated with traditional custom to bring about individual and communal spiritual peace.
Currently, the law does not have specific regulations on superstition, but it can be understood that superstition is believing in vague things that are inconsistent with nature, leading to negative consequences for individuals, families, and communities in terms of health, time, property, and life.
Is using invocation considered superstition in Vietnam? (Image from the Internet)
Is using invocation considered superstition in Vietnam?
Pursuant to Clause 4, Article 3, Circular 04/2009/TT-BVHTTDL also clearly states that the following prohibited acts are:
Prohibitions on cultural activities and commercial provision of public cultural services
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4. Cultural activities and services with superstitious contents under Point b. Clause 1, Article 3 of the Regulation are those with contents of unnaturally bewitching others to adversely affect their consciousness, including making offerings to expel evil spirits, treating diseases through incantation, going into trances to make orders, telling fortune, resorting to sortilege, shaking divinatory wands, spreading prophesies, reciting incantation, exorcizing amulets to harm others for self-interest, burning votive papers in public places and other forms of superstition.
According to the above regulations in Vietnam, it can be seen that acts considered superstitious must be acts with contents of unnaturally bewitching others to adversely affect their consciousness, including fortune-telling, incantation, and exorcizing amulets…
Determining whether using an invocation is superstitious or not depends on the purpose of performing that ritual.
If the ritual is performed with the purpose of praying for peace and luck for yourself and your family, it is not superstition.
However, if the ritual is performed for the purpose of profiteering and taking advantage of people's trust, it is superstition.
Thus, not all cases of using invocation are superstitious.
In case of taking advantage of the use of invocation to practice superstition, how much is fine in Vietnam?
Currently, there are no specific regulations on how much fines are imposed for using invocation to practice superstition. Depending on the nature, extent and behavior, people who use invocation to practice superstition may be subject to administrative sanctions in the following cases:
First, based on Clause 4, Article 14 of Decree 38/2021/ND-CP, handling violations of regulations on festival organization is as follows:
Violation of regulations on festival organization
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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.
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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.
Thus, in the case of using invocation to practice superstition while holding ceremonies for personal gain, a fine of from 3,000,000 VND to 5,000,000 VND may be imposed.
In addition, they are also forced to pay back illegally obtained profits.
In addition, at Point c, Clause 6, Article 20 of Decree 38/2021/ND-CP handling violations against regulations regarding protection of cultural heritage:
Violations against regulations regarding protection of cultural heritage
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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.
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According to this Article, if the act of using invocation to practice superstition is determined to be an act of taking advantage of the protection and promotion of cultural heritage values for personal gain and superstitious activities, it may be fined from 30,000,000 VND to 40,000,000 VND
Note : The fine for the above acts is the fine applied to individuals in Vietnam (in Clause 2, Article 5 of Decree 38/2021/ND-CP amended by Clause 2, Article 1 of Decree 128/2022 /ND-CP )
Best regards!
