Practice Relating to Rule 87
Viet Nam’s Penal Code (1990) provides for the punishment of “any person who commits an act of harassment that harms civilians or causes a loss of unity between the military and civilians”.
Viet Nam’s Penal Code (1999) provides for the punishment of those “who commit acts of harassing civilians”, including when “the offence is committed in battle zones or in areas where the state of emergency has already been declared”.
Viet Nam’s Penal Code (1990) provides: “Whoever has mistreated … soldiers who have surrendered shall be punished.”
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.