Is it permissible for under-18 people to be witness testifiers in Vietnam?

Is it permissible for under-18 people to be witness testifiers in Vietnam?

My son was asked by a crime victim to be a witness testifier. However, he is under 18 years old. Is it permissible for him to be a witness testifier?

Thank you!

Is it permissible for under-18 people to be witness testifiers in Vietnam?

Pursuant to Clause 1 and 2, Article 66 of the Criminal Procedure Code in 2015 stipulating as follows:

1. Witness testifiers possess knowledge of facts relating to the crime and lawsuit and receive competent procedural authorities' subpoena to testify.

2. The following persons cannot testify:

a) Defense counsels of accused persons;

b) Persons not conscious of facts pertaining to criminal information and lawsuit or not capable of giving judicious testimonies due to their mental or physical impairment.

As regulations above, the law does not indicate the minimum age of witness testifiers. If you son satisfies all above requirements, he may become a witness testifier in a criminal case.

What are rights of witness testifiers in Vietnam?

Pursuant to Clause 3 Article 66 of the Criminal Procedure Code in 2015 stipulating rights of witness testifiers in Vietnam as follows:

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.

What are obligations of witness testifiers in Vietnam?

Pursuant to Clause 4 Article 66 of the Criminal Procedure Code in 2015 stipulating obligations of witness testifiers in Vietnam as follows:

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.

Best regards!

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