Practice Relating to Rule 134. Women
Section C. Death penalty on pregnant women and nursing mothers
Viet Nam’s Penal Code (1999) provides that the death penalty “shall not apply to … pregnant women and women nursing children under 36 months old at the time of committing crimes or being tried”.
Viet Nam’s Criminal Code (2015), which includes war crimes, states:
Article 40. Death sentence
1. [The d]eath sentence is a special sentence imposed upon people committing extremely serious crimes that infringe national security, human life, drug-related crimes, corruption-related crimes, and some other extremely serious crimes defined by this Code.
2. [The death sentence] shall not be imposed upon juvenile offenders, women who are pregnant or raising children under 36 months of age, and people [who were] 75 years of age or older when they commit[ted] the crime or [at the time of] trial.
3. The [death] sentence shall not be executed in any of the following cases:
a) The convict is pregnant or a woman raising a child under 36 months of age;
4. In the cases specified in Clause 3 of this Article or [if] the death sentence is commuted, the death sentence shall be replaced with life imprisonment.