Vietnam: What are the actions in case of the absence of witnesses at the first instance trial?

What are the actions in case of the absence of witnesses at the first instance trial in Vietnam?

Under Article 229 of the Civil Procedure Code 2015, the regulations are as follows:

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.

Thus, 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 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.

What are the contents of a decision to postpone a Court session in Vietnam?

Under Clause 2, Article 233 of the Civil Procedure Code 2015, the contents are specified as follows:

Time limit for postponing a Court session and decision to postpone a Court session

1. The trial panels shall issue decisions to postpone a Court session in cases specified in clause 2 Article 56, clause 2 Article 62, clause 2 Article 84, Article 227, clause 2 Article 229, clause 2 Article 230, clause 2 Article 231 and Article 241 of this Code. Time limit for postponing a Court session shall not exceed 01 month or not exceed 15 days, applicable to Court carried out under simplified procedure, from the day on which the decision to postpone the Court session is issued.

2. A decision to postpone a Court session must contain the following principal details:

a) Date of issue of the decision;

b) Name of the Court and full names of presiding officers;

c) The case to be brought to trial;

d) Reasons for the postponement of the Court session;

dd) Time and venue for resumption of the Court session.

Sincerely!