Luật sư Nguyễn Hữu Phước

In a divorce case involving foreign element such as husband or wife being a foreigner who can communicate in Vietnamese, is an interpreter required under the Vietnamese law? According to the current Civil Proceedings Law, the written and spoken language used during the resolution of a civil case shall be Vietnamese. The people participating in…

The summoning of witnesses at the trial or the collection of their testimony in divorce cases is crucial to clarify the truth about the case. And of course, the witness’ participation in the process of resolving the case will give rise to related costs, such as travel and accommodation expenses and any fee due to…

In principle, witnesses must declare truthfully and in all respects all the facts they are aware of about the case as well as provide all information, documents and objects they retain which are related the resolution of the divorce. However, in some cases, to ensure the legitimate interests of witnesses as well as that of…

Under the law, witnesses are obliged to be present at the trial if summoned by the Court. If they fail to attend, the Court may decide to have the witness escorted to the trial. In this case, the witnesses will be forced to be escorted to the trial by the police regardless of their will….

In case the litigant in the divorce case cannot go to the Court to give testimony; the Judge in charge of the case, if deeming necessary, may take a testimony outside the Court headquarters[2]. Thus, the litigants have the right to request the Judge in charge of the case to take testimonies outside the Court…