Norma relacionada
Viet Nam
Practice Relating to Rule 158. Prosecution of War Crimes
Viet Nam’s Penal Code (1990) provides for the punishment of anyone who commits, inter alia, one of the offences listed under the following headings: “Violation of policy concerning soldiers killed or wounded in combat” (Article 271); “Theft or destruction of war booty” (Article 272); “Harassment of civilians” (Article 273); “Exceeding military need in performance of a mission” (Article 274); “Mistreatment of a prisoner of war or of a soldier who has surrendered” (Article 275); “Crimes against humanity” committed in time of peace or in time of war (Article 278); “War crimes”, such as “acts seriously breaching international norms contained in the treaties to which Vietnam is a party” (Article 279); and “Recruitment of mercenaries and service as a mercenary” (Article 280). 
Viet Nam, Penal Code, 1990, Articles 271–280.
Viet Nam’s Penal Code (1999) provides for the punishment of anyone who commits, inter alia, one of the offences listed under the following headings: “Concealing offences [including war crimes]” (Article 313); “Failing to denounce crimes [including war crimes] (Article 314); “Violating policies towards war wounded and/or war dead during combat” (Article 336); “Appropriating or destroying war trophies” (Article 337); “Harassing civilians” (Article 338); “Abusing military demands while performing duties” (Article 339); “Ill-treating prisoners of war and/or enemy deserters” (Article 340); “Crimes against humanity” committed in time of peace or in time of war (Article 342); “War crimes”, such as “acts in serious violation of international laws or international treaties which Viet Nam has signed or acceded to” (Article 343); and “Recruiting mercenaries or working as mercenaries” (Article 344). 
Viet Nam, Penal Code, 1999, §§ 313–314, 336–340 and 342–344.
Viet Nam’s Criminal Code (2015), which includes war crimes, states:
Chapter XXIV
PUBLIC JUSTICE OFFENCES
Article 389. Concealment of crimes
1. Any person who, without prior promises, conceals any of the following crimes, except for the cases in Clause 2 Article 18 hereof, shall face a penalty of up to 03 years’ community [service] or 06–60 months’ imprisonment:
l) Disruption of peace, crimes against humanity, and war crimes specified in Article 421 through 425.
2. If the offence involves the offender’s abuse of power or other acts of protecting the criminal, the offender shall face a penalty of 02–07 years’ imprisonment.
Article 390. Misprision
1. Any person who knows about the preparation or commission of any of the crimes specified in Article 389 hereof but fails to report it, except for the cases in Clause 2 Article 19 hereof, shall face a penalty of up to 03 years’ community [service] or 06–36 months’ imprisonment.
2. The person who fails to report the crime but does try to stop the criminal or reduce the consequences of the crime might be exempt from criminal responsibility or punishment.
Chapter XXV 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 393. Giving orders against the law
1. Any person who abuses his/her position to give order[s] against the law and as a result causes serious consequences 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 offence is committed in battle;
b) The offence is committed in a warzone;
c) The offence is committed during a rescue mission;
d) The offence is committed in time of emergency;
dd) The offence results in very serious consequences.
3. If the offence results in extremely serious consequences or in other extremely serious cases, the offender shall face a penalty of 07–15 years’ imprisonment.
Article 412. Offences against regulations of law on use of military weapons or equipment
1. Any person who violates regulations on [the] use of military weapons or equipment and causes serious consequences 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 offence is committed in battle;
b) The offence is committed in a warzone;
c) The offence results in very serious consequences or extremely serious consequences.
Article 415. Harassment of the people
1. Any person who harasses the people despite the fact that he/she was disciplined for the same offence or causing serious consequences 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 offender drags another person into committing the offence;
c) The offence is committed in a warzone;
d) The offence is committed in an area where [a] state of emergency is declared;
dd) The offence results in very serious consequences or extremely serious consequences.
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.
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 sentence 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.
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.
Chapter XXVI
DISRUPTION OF PEACE, CRIMES AGAINST HUMANITY, AND WAR CRIMES
Article 421. Disruption of peace, provocation of war of aggression
Article 422. Crimes against humanity
1. Any person who, whether in peacetime or wartime, commits genocide against [the] population of an area, destroys sources of living [or the] cultural or spiritual life of a nation or sovereign territory, upsets the foundation of a society in order to sabotage it, or commits other acts of genocide, or destroys … the environment shall face a penalty of 10–20 years’ imprisonment, life imprisonment, or death.
2. [If t]his offence is committed under pressure or order[s] given by superior officers, the offender shall face a penalty of 10–20 years’ imprisonment.
Article 423. War crimes
1. Any person in wartime who orders or directly commits the murder of civilians, wounded people, or prisoner[s] of war[]; pillages; destroys residential areas; uses banned war instruments or methods[;] or commits other acts that seriously violate international law or an international agreement to which [the] Socialist Republic of Vietnam is a signatory shall face a penalty of 10–20 years’ imprisonment, life imprisonment, or death[.]
2. [If t]his offence is committed under pressure or order[s] given by superior officers, the offender shall face a penalty of 10–20 years’ imprisonment.
Article 424. Recruiting, training, or employing mercenaries
Any person who recruits, trains, or employs mercenaries to fight against a nation or sovereign territory shall face a penalty of 10–20 years’ imprisonment or life imprisonment.
Article 425. Working as a mercenary
Any person who works as a mercenary to fight against a nation or sovereign territory shall face a penalty of 05–15 years’ imprisonment. 
Viet Nam, Criminal Code, 2015, Articles 389–390, 392–393, 412, 415, 417–418 and 420–425.
In 2008, during a debate in the UN Security Council on the protection of civilians in armed conflict, the representative of Viet Nam stated: “It is States that bear primary responsibility … to deal with … violations of international humanitarian law.” 
Viet Nam, Statement by the representative of Viet Nam before the UN Security Council during a debate on the protection of civilians in armed conflict, 27 May 2008, p. 14.