Practice Relating to Rule 113. Treatment of the Dead
Section B. Protection of the dead against despoliation
Viet Nam’s Penal Code (1990) punishes “anyone who steals things from … remains of soldiers dead on the battlefield”.
Viet Nam’s Penal Code (1999) provides for the punishment of anyone “who appropriate[s] relics of war dead”.
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 418. Appropriation or destruction of dead soldiers’ mementos
1. Any person who appropriates or destroys a dead soldier’s memento shall face a penalty of up to 03 years’ community [service] or 06–36 months’ imprisonment.
2. This offence committed in any of the following cases shall carry a penalty of 02–07 years’ imprisonment:
a) The offender is a commander or commissioned officer;
b) The offence involves mementos of ≥ , dead soldiers.