Is it permissible for witnesses to be absent in trials at the courts in Vietnam?
Is it permissible for witnesses to be absent in trials at the courts in Vietnam? Who shall pay for traveling expenses of witnesses in Vietnam?
I've just received the court's summon to give testimonies. However, the distance between my place and the court is quite far and the traveling costs me a lot of money. I want to ask if I can be absent in the trial at the court. If not, can I receive help with traveling expenses?
Thank you!
Is it permissible for witnesses to be absent in trials at the courts in Vietnam?
Pursuant to Article 78 of the Civil Procedure Code in 2015 stipulating rights and obligations of witnesses in Vietnam as follows:
1. To supply all information, documents and/or objects they have obtained, which are related to the resolution of cases.
2. To honestly declare details they know, which are related to the resolution of cases.
3. To refuse to make declarations if their declarations are related to State secrets, professional secrets, business secrets, personal secrets, family secrets or such declarations adversely affect or harm the involved parties being their close relatives.
4. To be off duty while the Courts summon them or take their testimonies, if they work in agencies or organizations.
5. To be paid related expenses according to law provisions.
6. To petition the Courts which have summoned them and competent agencies to protect their lives, health, honor, dignity, properties and other legitimate rights and interests when participating in the procedures; to complain about procedural acts of proceeding officers.
7. To compensate and take legal responsibility for damage caused to the involved parties or other persons by their untruthful testimonies.
8. To be present at courts, Court sessions/meetings under the court's summon of the Courts if the witness's testimony must be given publicly at courts, Court sessions/meetings; where witnesses fail to show up in Court sessions/meetings without good and sufficient reasons and their absence obstruct the adjudication/resolution, the Judges, the trial panels or the civil matter resolution council may issue decisions to escort them to Court sessions/meetings, unless the witnesses are minors.
9. To make commitments before Courts to perform their rights and obligations, except for cases where the witnesses are minors.
As regulations above, if you receive the court's summon, you must be present at the court. If you fail to show up in Court sessions/meetings without good and sufficient reasons and their absence obstruct the adjudication/resolution, you may be escorted to the court sessions/meetings.
Who shall pay for traveling expenses of witnesses in Vietnam?
Pursuant to Article 167 of the Civil Procedure Code in 2015 stipulating expenses for witnesses in Vietnam as follows:
1. Reasonable and actual expenses for witnesses shall be borne by the involved parties.
2. The persons who request the Courts to summon witnesses must bear the expenses for such witnesses, if the testimonies of the witnesses are true but not right for the demands of the person requesting to summon such witnesses. If the testimonies are true and right for the demands of the persons requesting to summon such witnesses, the expenses must be borne by the party making requests independent from the former's requests.
As regulations above, expenses for witnesses shall be borne by the involved parties.
Best regards!
