Is it possible for a witness not to attend the court in Vietnam?
Is it possible for a witness not to attend the court in Vietnam? Can a person who has lost civil act capacity be a witness in civil proceedings in Vietnam? What are conditions for a witness's testimony to be considered evidence in civil proceedings in Vietnam?
Is it possible for a witness not to attend the court in Vietnam?
Can witnesses not attend the court? I hope you will answer my question. Thank you!
Reply:
Witnesses shall be obliged to attend Court sessions under Court subpoenas. If the witnesses are absent from the Court sessions without good and sufficient reasons and such absence obstructs the adjudication, they can be escorted to the Court sessions under the decision of the trial panels.
According to the provisions of Article 229 of the 2015 Civil Procedure Code:
Article 229. Presence of witnesses
1. Witnesses shall be obliged to attend Court sessions under Court subpoenas.
2. Where the witnesses are absent, the Trial Panels shall decide to keep adjudicating the cases or to postpone the court.
The Trial Panels shall keep adjudicating the cases if the witnesses are absent but have earlier given their testimonies in person or sent their testimonies to courts. The presiding Judges shall make such testimonies public.
The Trial Panels shall decide to postpone the Court sessions if the absence of the witnesses at Court creates difficulties or affects the objective and comprehensive resolution of the cases.
3. If the witnesses are absent from the Court sessions without good and sufficient reasons and such absence obstructs the adjudication, they can be escorted to the Court sessions under the decision of the trial panels, unless the witnesses are minors.
Is it possible for a witness not to attend the court in Vietnam? (Image from the Internet)
Can a person who has lost civil act capacity be a witness in civil proceedings in Vietnam?
Can a person who has lost civil act capacity be a witness in civil proceedings in Vietnam? Can I ask what the law regulates on this issue? And what legal documents regulate this? I hope you can help me answer. Thank you!
Reply:
The content you asked about witnesses in civil proceedings is regulated in the 2015 Civil Procedure Code.
According to this regulation, persons who know details related to the contents of cases may be summoned by Courts at the request of the involved parties to participate in the procedures in the capacity as witnesses.
Persons who lose their civil act capacity cannot act as witnesses.
(Article 77 of the 2015 Civil Procedure Code)
Above is the response of us regarding witnesses in civil proceedings as stipulated in the 2015 Civil Procedure Code. Please refer to this document for better understanding.
What are conditions for a witness's testimony to be considered evidence in civil proceedings in Vietnam?
What are conditions for a witness's testimony to be considered evidence in civil proceedings in Vietnam? Hello, I have a question to ask as follows: I know that witness statements are also a form of evidence in civil proceedings. However, are there any conditions that must be met? And what legal documents regulate this? I hope you can help me answer. Thank you!
Reply:
The content you asked about is related to identifying evidence in civil proceedings as prescribed in the 2015 Civil Procedure Code.
According to this regulation, a witness's testimony is considered evidence if they are recorded in writing or in audio-tapes, audio-discs, or video-tapes or discs or other audio or image recording devices as prescribed in Clause 1 of this Article. Clause 2, Article 95 of the 2015 Civil Procedure Code or testify orally at trial.
(Clause 5, Article 95 of the 2015 Civil Procedure Code)
Above is the response of us on determining evidence in civil proceedings as stipulated in the 2015 Civil Procedure Code. Please refer to this document for better understanding.
Best regards!
