Can I be absent due to my personal business when the court sends a subpoena to act as a witness testifier in Vietnam?

Can I be absent due to my personal business when the court sends a subpoena to act as a witness testifier in Vietnam?

At Point a, Clause 4, Article 66 of the Criminal Procedure Code 2015 with witness testifiers stipulates:

4. Witness testifiers bear these duties:

a) Be present as per competent procedural authorities’ subpoena. If their absence due to any but not force majeure or objective obstacles hinders the handling of criminal information, charges, investigations, prosecution, adjudication, they may be escorted by force;

b) Present facts to their knowledge on criminal information and lawsuits and reasons leading to such knowledge in honesty.

Thus, in your case, it is necessary to clearly determine whether your absence due to personal work is considered a force majeure or objective obstacles in Vietnam. At the same time, it is also necessary to consider whether your absence will hinder the handling of criminal information, charges, investigations, prosecution, adjudication. If you fully meet the conditions mentioned in Point a, Clause 4, Article 66 of the Criminal Procedure Code 2015, you may be allowed to be absent.

Are witness testifiers protected by law against menaces in Vietnam?

At Point b, Clause 3, Article 66 of the Criminal Procedure Code 2015, there are provisions on witness testifiers as follows:

3. Witness testifiers are entitled to:

a) Be informed or explained about their rights and duties as per this Article;

b) Request summoning authorities to protect their life, health, honor, dignity, property, legitimate rights and benefits and kindred against menaces;

c) File complaints about competent procedural authorities and persons’ decisions and legal proceedings appertaining to matters that they testify for and against;

d) Have their expenditure of travel and other expenses covered by summoning authorities as per the laws.

Thus, in case of being threatened, witness testifiers have the right to request the summoning authorities to protect themselves and their relatives in Vietnam.

Best Regards!