Spirit Possession, Fortune Telling: Is It Punishable by Imprisonment?

In fact, fortune-telling has been present in Vietnam for a long time and is closely linked to the spiritual life of the people. It stems from daily life demands, with people relying on fortune-tellers for divination, fortune-telling, or to pray for blessings, luck, or to cure illnesses, reading faces, predicting the future, etc. On the positive side, fortune-telling can be a form of entertainment, a way to find joy and motivation for faith during difficult times. However, on the other hand, fortune-telling, being unscientific and devoid of reasoning, can lead to negative impacts, particularly when these fortune-tellers exploit people’s trust for personal gain.

From a legal perspective, fortune-telling and mediumship are considered superstitious activities, and according to criminal law, those engaging in such acts could be charged with the Crime of Practicing Superstition as stipulated in Article 247 of the Criminal Code 1999. People who propagate superstition and fortune-telling might face administrative penalties, non-custodial reform, or even imprisonment, depending on the severity of their violations.

Article 15 of Decree 158/2013/ND-CP clearly stipulates: Exploiting activities such as mediumship, fortune-telling, connecting with spirits, drawing lots, casting spells, amulets, spreading oracles, and similar activities for profit is a violation of cultural norms and can be fined up to 5,000,000 VND. In addition, offenders must surrender the illicit gains obtained from these activities.

In reality, these superstitious activities have been sanctioned multiple times, but have yet to be eradicated, continuing in several localities. Firstly, mediumship and fortune-telling are traditional rituals and folk beliefs. When adjudicating these actions, it is crucial to consider whether they are legal, whether there is intent for profit, and the extent of the serious consequences and damages involved before taking stern actions. Secondly, the locations of fortune-telling and mediumship are considered sacred, and there is a cultural belief among the people that respecting deities can bring blessings. Therefore, authorities sometimes refrain from intervening out of fear of offending sacred places, making resolution difficult. Thirdly, the victims of these superstitious acts often know they are wrong but do not report them due to fear of ridicule, opting instead to sit at home grieving their losses and blaming themselves.

In practice, when adjudicating actions related to mediumship and fortune-telling, the law primarily targets organizers, while the attendees are usually not penalized or are only fined for disturbing public order.

In some localities, mediumship, also known as "hau dong," is considered a positive cultural activity. For example, in Hanoi, there is even a festival dedicated to "hau dong," which is conducted legally. However, it is deemed illegal if exploited by individuals for superstitious practices, claiming divine communications for profit.

Therefore, although the law has regulations for sanctions, it needs to be more specific to clearly separate cultural aspects from violations within fortune-telling and mediumship activities, and more stringent measures should be taken against violations by both organizers and participants.

Illustrative images

Criminal Code 1999: "Article 247. Crime of Practicing Superstition

1. Anyone who uses fortune-telling, mediumship, or other superstitious practices causing serious consequences, or who has been administratively penalized or convicted for this crime without having their conviction expunged, but still reoffends, shall be fined from five million VND to fifty million VND, subject to non-custodial reform for up to three years, or imprisoned from six months to three years.

2. Committing the crime causing death or other particularly serious consequences shall be imprisoned from three to ten years.

3. The offender may also be subject to a fine from three million VND to thirty million VND."

Decree 158/2013/ND-CP:  "Article 15. Violations of cultural norms...2. A fine from 3,000,000 VND to 5,000,000 VND shall be imposed for the following acts:a) Exploiting activities such as mediumship, fortune-telling, connecting with spirits, drawing lots, casting spells, amulets, spreading oracles, and similar practices for profit;

..."

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE