Practice Relating to Rule 90. Torture and Cruel, Inhuman or Degrading Treatment
Viet Nam’s Penal Code (1990) provides for the punishment of “anyone who maltreats prisoners of war or soldiers”.
Viet Nam’s Penal Code (1999) provides for the punishment of those “who ill-treat prisoners of war and/or enemy deserters”.
Viet Nam’s Criminal Code (2015), which includes war crimes, 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 420. Maltreatment of prisoners of war
Any person who maltreats a prisoner of war shall face a penalty of up to 01 year’s community [service] or 03–24 months’ imprisonment.
Viet Nam’s Criminal Procedure Code (2015), which is applicable to the prosecution of war crimes, states:
Article 10. Sustainment of bodily integrity
Every person is entitled to inviolability of the physical body. …
Emergency custody, arrest, temporary detainment or detention must abide by this Law. Torture, extortion of deposition, corporal punishment or any treatments violating a person’s body, life and health are [prohibited].
Article 11. Protection of individuals’ life, health, honor, dignity and belongings and juridical persons’ reputation and property
[The l]ife, health, honor, dignity and belongings of every person are protected by the laws.
The laws penalize all unlawful violations of a person’s life, health, honor, dignity and belongings and a juridical person’s fame, reputation and property.