What is the penalty for individuals practicing superstitious and unethical professions in Vietnam?
The practice of superstitious and unethical activities has been a persistent issue that is difficult to address as it varies among individuals with different levels of beliefs and trust. However, engaging in superstitious practices can lead to unforeseen consequences, even resulting in loss of life. What is the penalty for individuals practicing superstitious and unethical professions in Vietnam? Thank you!
What is the penalty for individuals practicing superstitious and unethical professions in Vietnam? - image from internet
Pursuant to Article 2 of the Law on religion and folk belief in 2016:
- Folk belief represents the human’s faith manifested through rituals in connection with traditional custom to bring about individual and communal spiritual peace.
- 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.
- Religion represents the human's faith whose existence is accompanied by a system of notions and activities encompassing the objects of worship, tenets, religious law, rites and organization.
- Follower means an adherent who professes a religion and is admitted by such religion.
Pursuant to Article 15 of the Decree 158/2013/ND-CP (amended by Clause 19 Article 2 of the Decree 28/2017/ND-CP):
- Warnings or fines of from VND 200,000 to 500,000 VND for burning incense or joss paper not in accordance with regulations of festival organizing board, historic site management board; throw, drop money into wells, ponds; profane or desecrate that affect the solemn atmosphere; litter causing environmental insanitation in the festival or historic site.2. A fine of from 3,000,000 VND to 5,000,000 VND shall be imposed for one of the violations below:
+ Taking advantage of superstitious activities such as séance, fortune telling, etc. to earn illegal profits.
+ Hanging the national flag at the festival area lower or at less formal places than festival flags.
- A fine of from 5,000,000 VND to 10,000,000 VND shall be imposed for restoring the traditions that negatively affect the health, dignity of people and Vietnam’s cultural traditions.
- Remedial measures:
Compulsory transfer of the profits earned from illegal activities to government budget, applicable to the violations in Point a Clause 2 of this Article.
In addition administrative fines, the individuals practicing superstitious and unethical professions in Vietnam shall be prosecuted for criminal liabity according to Article 320 of the Criminal Code in 2015:
- 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.
- This offence committed in any of the following circumstances carries a penalty of 03 - 10 years' imprisonment:
+ The offence results in the death of a person;
+ The illegal profit earned is ≥ VND 200,000,000;
+ The offence has a negative impact on social security, order or safety.
- The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.
Best regards!
