Recently, the Police of Long An province has initially verified that "Tinh That Bong Lai" is not a place to raise orphaned children as self-introduced. Besides, this place also shows signs of taking advantage of religion, taking advantage of the name of raising orphans for profit. So, according to the law, how will this behavior be handled?
Article table of contents
According to Vietnam’s current regulations, an organization or individual that commits an act of violation of the legislation on folk belief and religion or abuses folk belief or religion to violate the law shall incur administrative penalties or face criminal prosecution, on the basis of the nature and degree of such violation. Moreover, such organization or individual shall be liable for compensating for the damage caused as per legal regulations.
Specifically, according to Article 5 of the Law on Belief and Religion 2016 of Vietnam, acts strictly prohibited in the field of religion include:
- Discriminate or differentiate on the pretext of religion or folk belief.
- Coerce, entice or obstruct people to or not to practice a religion or folk belief.
- Insult a religion or folk belief.
- Practices of folk beliefs or religious activities:
+ That encroach on national security, national defense, national sovereignty, social order and safety, environment;
+ That violate social ethics or people's body, health, life, assets or dignity;
+ That obstruct the exercise of a citizen’s rights and obligations;
+ That sow divisions among the people or religions; between practicing and non-practicing people; and among the followers of different folk beliefs or religions.
- Abuse the practice of folk beliefs or religious activities for profiteering.
Thus, the act of taking advantage of the name of raising orphans and homeless children to call for the kindness of everyone by "Tinh That Bong Lai” has seriously violated the law on religion and belief and should be severely handled.
1. Administrative penalties
According to Point g Clause 3 Article 5 of Decree No. 167/2013/NĐ-CP of Vietnam’s Government, a fine of between VND 2,000,000 and 3,000,000 shall be imposed for one of the acts of “abusing democratic freedoms, freedom of religion to entice or incite others to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals”.
2. Criminal prosecution
If acts of violating the law on belief and religion cause serious consequences, they may be examined for criminal liability for the crime of "abusing democratic freedoms to infringe upon the interests of the State, lawful rights and interests of organizations and/or citizens”specified in Article 331 of the Criminal Code 2015 of Vietnam.
According to this Code, any person who abuses the freedom of speech, freedom of the press, freedom of religion, freedom of association and other democratic freedoms to infringe upon the interests of the State, lawful rights and interests of organizations and/or citizens shall receive a warning or face a penalty of up to 03 years' community sentence or 06 - 36 months' imprisonment. In particular, if the offense has a negative impact on social security, order or safety, the offender shall face a penalty of 02 - 07 years' imprisonment.
Moreover, in the course of committing violations, if individuals at "Tinh That Bong Lai" show signs of using deceitful tricks, taking advantage of people's kindness to appropriate property, they may be prosecuted for criminal liability for "obtaining property by fraud" specified in Article 174 of the Criminal Code 2015 of Vietnam.
Legal basis:
- Law on Belief and Religion 2016;
Nguyen Phu
