Tiếng Việt
Table of Contents
1. How is fortune-telling understood?
2. Is fortune-telling a violation of the law?
3. Legal regulations on penalties for fortune-telling
3.1 Administrative penalties
3.2 Criminal penalties
1. How is fortune-telling understood?
Fortune-telling is a folk term with the general meaning of predicting the future and seeing through the past. In terms of science, fortune-telling is called metaphysics. Based on the date of birth or based on the palm lines, external factors, fortune-tellers predict love, family, career, etc. in the future.
There are two types of fortune-telling: scientific (using calculations) and unscientific (based on intuition). However, in reality, most fortune-tellers combine both forms.
2. Is fortune-telling illegal?
Vietnamese law does not prohibit fortune-telling unless it is for personal gain or has a negative impact on social security and order.
In addition, there are still acts of taking advantage of fortune-telling for illegal gain that will be handled according to the law. Depending on the nature and severity of the violation, the subject may be subject to administrative or criminal prosecution.
3. Laws regulating the level of penalties for fortune-telling
3.1 Level of administrative penalties
Pursuant to Clause 4 and Clause 7, Article 14 of Decree No. 38/2021/ND-CP, there are regulations on the form and level of penalties for illegal fortune-telling practices:
“Article 14. Violation against regulations on organization of festivals
4. Imposing the fine ranging from 3,000,000 dong to 5,000,000 dong dong for one of the following violations:
a) Exploiting festival activities to any personal advantage;
b) Joining superstitious activities in festivals.
7. Imposing the fine ranging from 15,000,000 dong to 20,000,000 dong for one of the following violations:
a) Organizing a festival that is required to be registered without written approval from a competent state agency;
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.”
Thus, according to the above regulations, fortune-telling for the purpose of profiteering, spreading superstitions that affect the health, lives and interests of others can be considered a violation of the law and will be punished according to the provisions of the law.
3.2 Criminal Penalties
Pursuant to Article 320 of the 2015 Penal Code, the Crime of Practicing Superstition and Heresy is stipulated as follows:
“Article 320. Practicing superstitions
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) Causing negative impacts on social security, order and safety.
3. The offender might also be liable to a fine of from VND 10,000,000 to VND 50,000,000.”