Is practicing fortune telling against the law?
Ms. Tran Thi L. from Thien Nhan commune: Is practicing fortune telling against the law? If so, what are the penalties?
Reply:
Currently, there are no legal regulations prohibiting fortune-telling, so fortune-telling can still be practiced. However, in cases where fortune-telling is exploited for illicit gain, exceeding the limits permitted by law, depending on the severity and nature of the act, the offender may be subject to administrative penalties or even criminal prosecution. Specifically:
1. Administrative Penalties: According to Article 7 of Decree 38/2021/ND-CP on administrative penalties for organizing superstitious activities, individuals engaging in fortune-telling that transforms into superstitious practices may be fined from VND 3,000,000 to VND 5,000,000. Organizations engaging in superstitious activities may be fined from VND 15,000,000 to VND 20,000,000.

2. Level of criminal prosecution: As stipulated in Article 320 of the 2015 Penal Code.Regarding the crime of practicing superstition, anyone who uses fortune telling, spirit mediumship, or other forms of superstition and has been previously penalized for an administrative violation of this act, or has been convicted of this crime and has not had their criminal record expunged, and continues to violate the law, may be prosecuted criminally for the crime of practicing superstition.
Accordingly, the penalties for practicing superstition are as follows:
- Fines ranging from 10 to 100 million VND, non-custodial correctional sentences up to 3 years, or imprisonment from 6 months to 3 years.
- Imprisonment from 3 to 10 years if the crime falls under one of the following circumstances:
+ Causes death;
+ Illegally profiting from 200 million VND or more;
+ Causing adverse effects on security, order, and social safety.
In addition, offenders may also be fined between 10 and 50 million VND.