How to take advantage of religious beliefs for personal gain according to Vietnamese law?

“Dear lawyer! I have followed and noticed: Recently on social networks, there has been a stir with the incident; the establishment of “Tinh Phuong lai” (now renamed to “Zen am on the edge of the universe”); There have been many signs of committing acts of taking advantage of the name of raising orphans for personal gain; deceiving to receive funding from benefactors According to initial verification, Long An province police verifying that the “Tinh Vieng Lai” is not a religious establishment; it is not a place to adopt small children as self-introduced; it is actually a common house;… So the act of taking advantage of beliefs, I look forward to consulting a lawyer. I sincerely thank you.” Thanks for your question. To answer this, today, LSX Lawfirm will give you an article about “How to take advantage of religious beliefs for personal gain according to Vietnamese law?”, as follows:

Legal grounds

Penal Code 2015 (Amendment and Supplement 2017)

Law on Belief and Religion 2016

Decree 167/2013/ND-CP

What are beliefs and religions?

Pursuant to Clause 1, Article 2 of the Law on Belief and Religion; Belief is understood as people’s beliefs expressed through rituals associated with customs; Traditional practices to bring spiritual peace to individuals and communities.

Accordingly to Clause 3, Article 2 of the Law on Belief and Religion; Religion is understood as the belief of people existing with a system of conceptions and activities including objects of worship; doctrine; canonically; ceremonies, and organization.

The difference between religion and belief

Firstly, if religion must have all four components, namely: the leader, the doctrine, the canon law, and the followers, then the types of folk beliefs do not have those four elements. The cardinal is the founder of that religion (Shakyamuni founded Buddhism, Jesus Christ founded Catholicism, Prophet Mohammed founded Islam,…); catechesis is the teachings of the cardinal to the followers then; canon law is the laws that are drafted and promulgated by the church to maintain the religious life in that religion; believers are those who voluntarily follow that religion.

Secondly, if a religious believer, a person can only have one religion at a particular time, then a citizen can simultaneously live in many different faiths. For example, a man has a belief in worshiping his ancestors, but on the first and fifteenth day of the lunar calendar every month, he also goes to the communal house to celebrate Holy Communion. Similarly, a woman has a belief in worshiping her parents and grandparents, but on the first and fifteenth day of the lunar calendar every month, she also goes to the temple, to the temple to perform the Mother ceremony, etc

Thirdly, if all religions have a complete and massive canonical system, the types of beliefs only have a few sacrifices (for the worship of the emperor), vows (for the ancestor worship, etc.) fairy, and Mother worship). The canonical system of religion is the huge Buddhist sutras, laws, and treatises; is the “Bible” and “Canon” of Catholicism; is the “Quran” of Islam,… But the “genealogy” books of the clans and the adoration songs that the archers sing in the Mother shrines are not canonical

How to take advantage of beliefs for personal gain?

In accordance with current laws; organizations; individuals commit acts of violating the law on belief; religion or taking advantage of beliefs; religion for profit, depending on its nature; the extent of the violation that is administratively handled or examined for penal liability; if causing damage, they must compensate according to regulations.

So Note that it is necessary to distinguish the act of taking advantage of religious beliefs for profit from the act of taking advantage of superstition for profit; these are 2 different but very confusing behaviors; Therefore, it is necessary to distinguish because the punishment, as well as the criminal composition of the two acts, are different then.

Administrative sanctions

Accordingly to Article 5 of the Law on Belief and Religion 2016, acts related to religion; Prohibited beliefs include:

• Firstly, Discrimination or discrimination for reasons of belief or religion.
• Secondly, Forcing, bribing, or obstructing others to follow or not to follow beliefs or religions.
• Thirdly, Offenses against beliefs and religions.
• Finally, Religious activities; religious activities: Infringe upon national defense, security, national sovereignty, social order and safety, and the environment; Infringing on social morality then; infringe upon the body, health, life, and property; offend the honor and dignity of others; Obstructing the exercise of citizenship rights and obligations; Ethnic division; religious divisions; dividing people who follow beliefs or religions from those who do not follow beliefs or religions, and between people who follow different beliefs or religions then.

Accordingly to point g, Clause 3, Article 5 of Decree 167/2013/ND-CP; any individual or organization that commits the act of “abusing democratic freedoms and freedom of belief to entice or incite others to infringe upon the interests of the State, the lawful rights and interests of organizations and individuals employees” will be fined from VND 2 million to VND 3 million then.

Criminal handling

If acts of violating the law on belief or religion cause serious consequences; then they may be examined for penal liability for the crime of “abusing democratic freedoms and rights to infringe upon the interests of the State, the lawful rights and interests of organizations and individuals” specified in Article 331 of the Penal Code. the.

Frame 1:

Warning; a non-custodial reform for up to 3 years or a prison term of between 6 months and 3 years; for cases of abuse of freedom of speech then; press freedom; freedom of belief; religion; freedom of assembly; association and other democratic freedoms infringing upon the interests of the State; permission; legitimate interests of the organization; individual then.

Frame 2:

Imprisonment from 02 years to 07 years; for cases of crimes that adversely affect security then; quiet; Social security.

Legal signs of abusing democratic freedoms to infringe upon the interests of the State, the legitimate rights and interests of organizations and individuals

Subject

The subject of the crime of abusing democratic freedoms to infringe upon the interests of the State is a person who has criminal liability capacity and reaches the legal age then.

Objects

So This crime violates the State’s regulations on the exercise of democratic freedoms and infringes upon the interests of the State and the legitimate interests of organizations and citizens.

Subjective side

This crime is committed by willful error. The content of the intentional error is shown in the fact that when performing an act on the performer, he knows that his/her act is illegal and contrary to the regulations on practice related to rights; but still desires and performs the behavior.

Objective side

So This crime is expressed in the act of abusing the democratic freedoms of citizens to infringe upon the interests of the State; of social organizations; of citizens. The rights to democratic freedoms being abused are freedoms of speech; press freedom; freedom of belief and religion; freedom of assembly; association and other democratic freedoms then.

For Example: abusing press freedom to spread false news, inaccurate information, not yet fully verified; taking advantage of beliefs; religion to call for benefactors to contribute money to build a belief establishment then; religion;…

Acts of abusing the above rights carried out with various tricks such as improper use of the above rights; use of the right when the necessary conditions not met; use within the scope of rights but for the purpose of demeaning or defaming rights; reduce the prestige of State agencies; social organizations and people; although it may not aimed at a specific subject

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