Remuneration for witnesses participating in civil and criminal court hearings in Vietnam from July 1, 2025

What are regulations on the remuneration for witnesses in Vietnam?

On December 11, 2024, the Standing Committee of the National Assembly promulgated the Ordinance on Procedural Costs and it will come into effect on July 1, 2025.

According to Article 2 of the Ordinance on Procedural Costs 2024, the terminology regarding remuneration costs is explained as follows:

Article 2. Terminology explanation

In this Ordinance, the following terms are understood as follows:

1. Procedural costs are the necessary and reasonable expenses incurred for carrying out procedural activities determined by the competent authority based on the provisions of this Ordinance and other relevant legal provisions.

2. Remuneration costs are payments made to individuals involved in on-site inspection and assessment, people's advocates, witnesses, observers, asset appraisers, representatives of organizations conducting appraisals, individuals conducting appraisals, interpreters, translators, and others involved in court sessions as stipulated in Article 314 of the Criminal Procedure Code when participating in procedural activities at the request of the competent procedural authority.

3. Travel expenses, accommodation rental expenses, and per diem allowances are payments for the competent authority conducting procedural activities, participants in proceedings, and those invited to participate in proceedings as regulated by the legal provisions on expenditure contents and per diem levels for state agencies and public service providers.

Thus, remuneration costs for witnesses according to the Ordinance on Procedural Costs 2024 are payments made to witnesses when they participate in procedural activities at the request of the competent authority.

Remuneration for witnesses participating in civil and criminal court hearings in Vietnam from July 1, 2025

The remuneration level for participants in procedural activities and allowances for Jurors are specified in the List of Certain Procedural Costs issued together with the Ordinance on Procedural Costs 2024:

Therefore, the remuneration level for witnesses participating in civil and criminal trials from July 1, 2025, is 200,000 VND/person/day.

What are regulations on costs for witnesses in civil, administrative procedures in Vietnam?

According to Section 1, Chapter VII of the Ordinance on Procedural Costs 2024, costs for witnesses in civil and administrative procedures are regulated as follows:

(1) Determination of costs for witnesses

The costs for witnesses summoned by the Court include one or several of the following expenses:

- Remuneration costs as stipulated in the List of Certain Procedural Costs issued together with the Ordinance on Procedural Costs 2024;

- Travel expenses;

- Accommodation rental expenses;

- Per diem allowances;

- Other costs.

(2) Obligation to pay advance money for witness costs

- The person requesting the Court to summon a witness is obliged to deposit advance money for the witness costs.

- The amount of advance money for witness costs is calculated based on the level of witness costs stipulated in Article 51 of the Ordinance on Procedural Costs 2024.

(3) Procedure for depositing advance money for witness costs

- The person requesting the Court to summon a witness must provide information regarding the number of witnesses, their workplace, residence, and other necessary information as a basis for the Court to determine the amount of advance money for witness costs.

- Within 5 working days from the date of receiving the request to summon a witness, the Court will determine the advance amount for witness costs and notify the requester to deposit the advance money to the Court, specifying the amount, time, and method of payment.

- Within 7 days from the date of receiving the Court's notice, the person requesting the Court to summon a witness must deposit the advance money for witness costs.

(4) Obligation to bear witness costs

- The obligation to bear witness costs in civil case resolution is carried out according to the regulations at Article 167 of the Civil Procedure Code.

- The obligation to bear witness costs in administrative case resolution is implemented as per Article 368 of the Administrative Procedure Law.

(5) Handling advance money for witness costs

If the advance money paid is insufficient to cover witness costs, the person with the obligation to pay the advance must pay the outstanding amount; if the advance money paid exceeds the witness costs, the difference will be refunded to the person who paid the advance. If the person who paid the advance money for witness costs does not have the obligation to bear the costs as specified in Article 54 of the Ordinance on Procedural Costs 2024, they will be refunded the deposited amount.

Please Login to be able to download