Practice Relating to Rule 112. Search for and Collection of the Dead
Viet Nam’s Penal Code (1990) punishes “anyone who abandons … dead soldiers on the battlefield”.
Viet Nam’s Penal Code (1999) provides for the punishment of anyone “who deliberately leaves war-wounded and/or war dead on the battlefield”.
Viet Nam’s Criminal Code (2015) states:
INFRINGEMENTS UPON DUTIES AND RESPONSIBILITIES OF SERVICEMEN AND COOPERATORS WITH THE ARMY IN WARTIME
Article 392. People having criminal responsibility for infringement upon duties and responsibilities of servicemen
1. Servicemen, military workers and employees.
2. Reserve servicemen during training period.
3. Militia members [cooperating] with the army in wartime.
4. Citizens recruited to the army.
Article 417. Abandonment of wounded or dead soldiers or failure to treat wounded soldiers
1. Any person who is responsible but deliberately abandons a wounded or dead soldier in the battlefield or fails to treat a wounded soldier and causes the missing or death of such soldier shall face a penalty of up to 03 years community [service] or 06–60 months’ imprisonment.
2. This offence committed in any of the following cases shall carry a penalty of 03–10 years’ imprisonment:
a) The offender is a commander or commissioned officer;
b) The offence involves ≥ 02 wounded or dead soldiers.