What costs for witnesses in civil procedure in Vietnam are included according to Ordinance 05?
What costs for witnesses in civil procedure in Vietnam are included according to Ordinance 05?
Pursuant to Article 51 of Ordinance 05/2024/UBTVQH15, costs for witnesses in civil procedure include the following costs:
- Remuneration costs as stipulated in the Schedule of certain procedural costs attached to this Ordinance;
- Travel expenses;
- Accommodation rental charges;
- Subsistence allowance;
- Other expenses.
Note:
- The person requesting the court to summon a witness is obliged to pay an advance for the witness costs.
- The level of the advance payment for witness costs is calculated based on the cost level provided for witnesses set out in Article 51 of Ordinance 05/2024/UBTVQH15.
What costs for witnesses in civil procedure in Vietnam are included according to Ordinance 05? (Image from the Internet)
What is the procedure for advance payment of witness costs in Vietnam?
According to Article 53 of Ordinance 05/2024/UBTVQH15, the procedure for submitting an advance payment for witness costs is regulated as follows:
- The person requesting the court to summon a witness is required to provide information about the number of witnesses, their workplace, residence, and other necessary details as a basis for the court to determine the advance payment level for witness costs.
- Within 05 working days from the date of receiving the request to summon a witness, the court determines the amount of advance payment for witness costs and informs the requester to submit the advance payment to the court. The notice must specify the amount, the deadline, and the method of payment.
- Within 07 days from the date of receiving the court's notice, the person requesting the court to summon a witness must submit the advance payment for the witness costs.
Vietnam: What rights and obligations do witnesses have?
Pursuant to Article 78 of the Civil Procedure Code 2015, the rights and obligations of witnesses are as follows:
- Provide all information, documents, and objects in their possession related to the resolution of the case.
- Testify truthfully about the circumstances they know related to the resolution of the case.
- Refuse to testify if their statements involve state secrets, professional secrets, trade secrets, personal secrets, family secrets, or if the testimony adversely affects the involved person who has a kinship relationship with them.
- Entitled to leave during the court summons or when giving testimony if working in a government agency or organization.
- Entitled to payment for related expenses according to legal regulations.
- Request the summoning court or competent state agencies to protect their life, health, honor, dignity, property, and other legitimate rights and interests when participating in proceedings; file complaints against procedural acts of the proceeding conductors.
- Compensate for damage and bear legal liability for false testimony causing damage to parties or others.
- Must appear at the court, trial sessions, meetings as summoned by the court if the witness's testimony must be publicly taken at the court, trial, meeting. If the witness fails to attend the trial, meeting without a valid reason, and their absence hinders the trial, the judge, trial council, or civil procedure settlement council may decide to escort the witness to the trial, meeting unless the witness is a minor.
- Must affirm before the court regarding the execution of their rights and obligations, except in cases where the witness is a minor.
Does the absence of a witness delay the trial in Vietnam?
Pursuant to Article 229 of the Civil Procedure Code 2015 regarding the presence of witnesses:
Presence of witnesses
- Witnesses are obliged to attend the trial as summoned by the court.
2. In case of the absence of a witness, the trial panel decides to continue the trial or delay it.
The trial panel continues the trial if the witness is absent but has previously given direct testimony to the court or sent testimony to the court. The presiding judge announces the testimony.
The trial panel decides to delay the trial if the absence of the witness makes it difficult and affects the objective, comprehensive resolution of the case.
- Witnesses absent from the trial without a justified reason, hindering the trial, may be escorted to the trial as decided by the trial panel, unless the witness is a minor.
Thus, according to the above regulations, in the event a witness is absent, the trial panel decides to choose one of the two options:
(i) Continue the trial if the witness is absent but has previously given direct testimony to the court or sent testimony to the court. The presiding judge announces that testimony.
(ii) Delay the trial if the absence of the witness at the trial causes difficulty and affects the objective, comprehensive resolution of the case.
