Vietnam: Summon and protection of witnesses and experts in international justice

According to Article 8 of the Law on Legal Assistance 2007 of Vietnam, summon and protection of witnesses and experts are prescribed as follows:

First, a summons must clearly state the conditions for the witness or expert and the commitment to guarantee the life and health safety, accommodation, meal and travel conditions for the witness or expert.

Second, witnesses and experts are given favorable entry and exit conditions under the provisions of Vietnamese law.

Third, witnesses and experts summoned to Vietnam may not be arrested, detained, held in custody or investigated, prosecuted or tried for the following acts before their arrival in Vietnam:

- Supplying testimonies or written expert conclusions on the cases for which they are summoned;

- Committing crime in Vietnam;

- Having relations with persons being subject to criminal investigation, prosecution or trial in Vietnam,

- Involving in civil or administrative matters in Vietnam.

Fourth, witnesses and experts rights not to be arrested, detained, held in custody or investigated, prosecuted and tried, which are defined in Clause 4 of this Article, will terminate if those persons do not leave Vietnam within fifteen days after receiving written notices of competent Vietnamese bodies on their unnecessary presence in Vietnam. This duration is not counted into the time during which the witnesses or experts cannot leave Vietnam for force majeure reasons.

View more details: The Law on Legal Assistance 2007 of Vietnam takes effect from July 01, 2008.

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