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Convention (III) relative to the Treatment of Prisoners of War. Geneva, RATIFICATION / ACCESSION
12 August 1949.
28.06.1957

VIET NAM
RESERVATION / DECLARATION

Reservations made upon accession of the Democratic Republic of Vietnam on 28 June 1957: 28.06.1957
03.12.1973
(I) As regards the Geneva Convention of 12 August 1949 for the Amelioration of the Condition of the
Wounded and Sick in Armed Forces in the Field:

Article 10: A request by the Detaining Power to a neutral Power or to an organization providing
guarantees of impartiality and effectiveness, to undertake the functions entrusted to the Protecting
Powers by the Convention, will not be recognized as lawful by the Democratic Republic of Vietnam,
unless the State of which the wounded and sick in armed forces in the field are nationals has
approved the request.

(2) As regards the Geneva Convention of 12 August 1949 for the Amelioration of the Condition of
Wounded, Sick and Shipwrecked Members of Armed Forces at Sea:

Article 10: A request by the Detaining Power to a neutral Power or to an organization providing
guarantees of impartiality and effectiveness, to undertake the functions entrusted to the Protecting
Powers by the Convention, will not be recognized as lawful by the Democratic Republic of Vietnam,
unless the State of which the wounded and sick in armed forces in the field are nationals has
approved the request.

(3) As regards the Geneva Convention of 12 August 1949 relative to the Treatment of Prisoners of
War:

Article 4: 'The Provisional Revolutionary Government of the Republic of South Viet Nam does not
recognize the provisions set forth in section 2 of said article relative to members of other militias and
members of other volunteer corps, including those of organized resistance movements, because
these provisions do not apply to the people's wars in the contemporary world'

Article 10: A request by the Detaining Power to a neutral Power or to an organization providing
guarantees of impartiality and effectiveness, to undertake the functions entrusted to the Protecting
Powers by the Convention, will not be recognized as lawful by the Democratic Republic of Vietnam,
unless the State of which the wounded and sick in armed forces in the field are nationals has
approved the request.

Article 12: The Democratic Republic of Vietnam declares that the transfer by the Detaining Power of
prisoners of war to a Power which is a party to the Convention does not release the Detaining Power
from its responsibility for the application of the provisions of the Convention to such prisoners.

Article 85: The Democratic Republic of Vietnam declares that prisoners of war tried and convicted of
war crimes or crimes against humanity, in accordance with the principles laid down by the Nuremberg
Judicial Tribunal, shall not benefit from the provisions of the present Convention as is specified in
Article 85.

(4) Geneva Convention of 12 August 1949 relative to the Protection of Civilian Persons in Time of
War.

Article 11: A request by the Detaining Power to a neutral Power or to an organization providing
guarantees of impartiality and effectiveness, to undertake the functions entrusted to the Protecting
Powers by the Convention, will not be recognized as lawful by the Democratic Republic of Vietnam,
unless the State of which the wounded and sick in armed forces in the field are nationals has

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approved the request.

Article 45: The Democratic Republic of Vietnam declares that the transfer by the Detaining Power of
protected persons to a Power which is a party to the Convention does not release the Detaining
Power from its responsibility for the application of the provisions of the Convention relating to civilian
persons in time of war.

SOURCE: Notification by the depositary addressed to the ICRC on 23 July 1957.

*****

Reservations made upon accession on 3 December 1973 by the Provisional Revolutionary

Government of the Republic of South Viet-Nam:

I. With regard to the Geneva Convention for the Amelioration of the Condition of the Wounded and
Sick in Armed Forces in the Field of 12 August 1949:

Ad article 10
The Provisional Revolutionary Government of the Republic of South Viet-Nam recognizes as lawful a
request by the Detaining Power to a neutral country or a humanitarian organization, to assume the
functions performed by protecting Powers only when the State on which the wounded and sick
members of armed forces in the field depend shall have given prior consent to such a request.

2. With regard to the Geneva Convention for the Amelioration of the Condition of the Wounded, Sick
and Shipwrecked Members of Armed Forces at Sea of 12 August 1949:

Ad article 10
The Provisional Revolutionary Government of the Republic of South Viet-Nam recognizes as lawful a
request by the Detaining Power to a neutral country, or a humanitarian organization, to assume the
functions performed by Protecting Powers only when the State on which the wounded, sick and
shipwrecked members of armed forces at sea depend shall have given prior consent to such a
request.

3. With regard to the Geneva Convention relative to the Treatment of Prisoners of War of 12 August
1949:

Ad Article 4
The Provisional Revolutionary Government of the Republic of South Viet-Nam does not recognize the
'conditions' lay down in item (2) of this article concerning "members of other militias and members of
other volunteer corps, including those of organized resistance movements", because these conditions
are not suited to cases of people's wars in the world of today.

Ad article 10
The Provisional Revolutionary Government of the Republic of South Viet-Nam recognizes as lawful a
request by the Detaining Power to a neutral country, or a humanitarian organization, to assume the
functions performed by Protecting Powers only when the State on which the prisoners of war depend
shall have given prior consent to such a request

Ad Article 12
The Provisional Revolutionary Government of the Republic of South Viet-Nam declares that the
transfer of prisoners of war by the Detaining Power to a Power which is a party to the Convention
does not release the Detaining Power from its responsibility for the application of the provisions of the
Convention.

Ad Article 85
The Provisional Revolutionary Government of the Republic of South Viet-Nam declares that prisoners
of war prosecuted and convicted for crimes of aggression, crimes of genocide or war crimes, and
crimes against humanity in accordance with the principles established by the Nuremberg Tribunal
shall not benefit from the provisions of the present Convention.

4. With regard to the Geneva Convention relative to the Protection of Civilian Persons in Time of War
of 12 August 1949:

Ad article 11
The Provisional Revolutionary Government of the Republic of South Viet-Nam recognizes as lawful a
request by the Detaining Power to a neutral country, or a humanitarian organization, to assume the
functions performed by Protecting Powers only when the State on which the civilian persons in
question depend shall have given prior consent to such a request

Ad Article 45
The Provisional Revolutionary Government of the Republic of South Viet-Nam declares that the

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transfer of civilian persons protected by this Convention to a Power which is a party to the Convention
does not release the Detaining Power from its responsibility for the application of the provisions of the
Convention.

SOURCE: UNTS, Vol.913, 1974, pp.175-176.

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