Who shall receive the subpoena for under-18-year-old witness in Vietnam?

Who shall receive the subpoena for under-18-year-old witness in Vietnam?

Pursuant to Clause 3 Article 185 of the Criminal Procedure Code in 2015 stipulating summoning of witness testifiers in Vietnam as follows:

a) The subpoena is given to the witness testifier directly or through local authorities at the commune, ward or town where the witness testifier resides or his workplace or educational facility. In all circumstances, signatures must be affixed to confirm the delivery of the subpoena. Local authorities at the commune, ward and town where the witness testifier resides or his workplace or educational facility shall be responsible for supporting the witness testifier to perform his duties;

b) The subpoena for a witness testifier less than 18 years of age shall be given to his parents or representative.

c) The delivery of the subpoena for the witness testifier according to a foreign entity's judicial delegation shall be governed by this Article and the Law on judicial assistance.

In this case, you shall send the subpoena for witness' parents or representative.

What are regulations on deposition by witness testifiers in Vietnam?

Pursuant to Article 186 of the Criminal Procedure Code in 2015 stipulating deposition by witness testifiers in Vietnam as follows:

1. A witness testifier’s deposition shall be carried out at the investigative scene, his residential place or workplace or educational facility.

2. If there are several witness testifiers in a case, each person shall give testimonies separately and prevented from interacting with others during the process of deposition.

3. Investigators and investigation officers, before conducting depositions, must explain witness testifiers’ rights and duties as per Article 66 of this Law. Such activities shall be recorded in writing.

4. Investigators, before inquiring into the case, must ask about the relationship of the witness testifiers, suspects and defendants and personal information of the witness testifiers. Investigators, before raising questions, shall ask the witness testifiers to speak or write their knowledge of the case in honest and voluntary manners.

5. If investigators' deposition sessions are deemed biased or unlawful, procurators shall take statements from witness testifiers. If evidences and documents must be clarified to facilitate the Procuracy’s charges or its approval or rejection of the investigation authority’s decision to charge, witness testifiers’ statements shall be taken by procurators. Witness testifiers' depositions shall be governed by this Article.

Best regards!