GENERAL PART

Chapter V PENALTIES

Article 33.- Termed imprisonment

Termed imprisonment means forcing the sentenced persons to serve their penalties at detention camps for a certain period of time. The termed imprisonment for persons who commit one crime shall range from the minimum level of three months to the maximum level of twenty years.
Time spent in custody and/or detention prior to sentencing shall be subtracted from the duration of the term of imprisonment penalty with one day of custody and/or detention being equal to one day of imprisonment.


Article 34.- Life imprisonment

Life imprisonment is the penalty of indefinite imprisonment applicable to persons who commit particularly serious crimes, but not so as to warrant being sentenced to death.
Life imprisonment shall not apply to juvenile offenders.


Article 35.- Death penalty

Death penalty is a special penalty only applied to persons committing particularly serious crimes.
Death penalty shall not apply to juvenile offenders, pregnant women and women nursing children under 36 months old at the time of committing crimes or being tried.
Death penalty shall not apply to pregnant women and women nursing their children under 36 months old. For these cases, the death penalty shall be converted into life imprisonment.
In cases where persons sentenced to death enjoy commutation, the death penalty shall be converted into life imprisonment.

GENERAL PART

Chapter XXIV
CRIMES OF UNDERMINING PEACE, AGAINST HUMANITY AND WAR CRIMES

Article 341.- Undermining peace, provoking aggressive wars

Those who propagate and/or incite wars of aggression, or prepare, carry out or participate in wars of aggression against the independence, sovereignty and territorial integrity of another country, shall be sentenced to between twelve years and twenty years of imprisonment, life imprisonment or capital punishment.


Article 342.- Crimes against mankind

Those who, in peace time or war time, commit acts of annihilating en-mass population in an area, destroying the source of their livelihood, undermining the cultural and spiritual life of a country, upsetting the foundation of a society with a view to undermining such society, as well as other acts of genocide or acts of ecocide or destroying the natural environment, shall be sentenced to between ten years and twenty years of imprisonment, life imprisonment or capital punishment.


Article 343.- War crimes

Those who, in time of war, give the order for or directly undertake the murder of civilians, wounded persons, prisoners of war, the looting of property, the destruction of population quarters, the use of banned war means or methods, and/or commit other acts in serious violation of international laws or international treaties which Vietnam has signed or acceded to, shall be sentenced to between ten years and twenty years of imprisonment, life imprisonment or capital punishment.