Procedures for depositing advance payment of expenses for witnesses in civil proceedings in Vietnam from July 01, 2025

Procedures for depositing advance payment of expenses for witnesses in civil proceedings in Vietnam from July 01, 2025​ (Image from the Internet)

The Standing Committee of the National Assembly of Vietnam enacted the Ordinance on costs for proceedings 05/2024/UBTVQH15 (hereinafter referred to as the Ordinance on costs for proceedings in 2024) on December 11, 2024.

Procedures for depositing advance payment of expenses for witnesses in civil proceedings in Vietnam from July 01, 2025​

According to Article 53 of the Ordinance on costs for proceedings in 2024, the procedures for depositing advance payment of expenses for witnesses in civil proceedings are as follows:

- The person requesting the court to summon a witness is obliged to provide information about the number of witnesses, their workplace, residence, and other necessary information as a basis for the court to determine the amount of advance costs for the witnesses.

- Within 5 working days from the date of receiving the request to summon a witness, the court determines the amount of advance costs for the witness and notifies the requester to pay the court the advance costs, stating the amount, deadline, and method of payment.

- Within 7 days from the date of receiving the court's notice, the person requesting the court to summon a witness must pay the advance costs for the witness.

The Ordinance on costs for proceedings in 2024 comes into effect on July 1, 2025.

The Ordinance on Costs for Expert Examination, Valuation; Costs for Witnesses, Interpreters in Proceedings 02/2012/UBTVQH13 ceases to be effective as from the date the Ordinance on costs for proceedings in 2024 comes into effect.

Rights and obligations of witnesses in civil proceedings in Vietnam

The rights and obligations of witnesses in civil proceedings according to Article 78 of the Civil Procedure Code 2015 are as follows:

- Provide all information, documents, and items in their possession related to the resolution of the case.

- Truthfully declare the facts they know related to the resolution of the case.

- Refuse to testify if their testimony relates to state secrets, professional secrets, business secrets, personal secrets, family secrets, or if such testimony adversely affects and causes harm to a litigant who is closely related to them.

- Be excused from work during the time the court summons or takes testimony, if working in an agency or organization.

- Be reimbursed for related expenses as prescribed by law.

- Request the summoning court or competent state authority to protect their life, health, honor, dignity, property, and other legitimate rights and interests when participating in proceedings; complain about procedural actions of the procedural officers.

- Compensate and bear legal responsibility for false testimony causing harm to litigants or others.

- Must be present at court, hearings, and sessions as per the court summons if the testimony has to be taken publicly at court, hearings, and sessions; if the witness does not attend the hearing or session without a valid reason and their absence hinders the trial, resolution, the Judge, the Trial Panel, or the Panel resolving the civil matter may decide to escort the witness to the hearing or session, except for witnesses who are minors.

- Must declare before the court about exercising their rights and obligations, except for witnesses who are minors.

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