National penalties - maximum penalty

Viet Nam

Penal Code

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.

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.

Rome Statute

Article 77 Applicable penalties

1. Subject to article 110, the Court may impose one of the following penalties on a person convicted of a crime referred to in article 5 of this Statute:

(a) Imprisonment for a specified number of years, which may not exceed a maximum of 30 years; or

(b) A term of life imprisonment when justified by the extreme gravity of the crime and the individual circumstances of the convicted person.

2. In addition to imprisonment, the Court may order:

(a) A fine under the criteria provided for in the Rules of Procedure and Evidence;

(b) A forfeiture of proceeds, property and assets derived directly or indirectly from that crime, without prejudice to the rights of bona fide third parties.