If witnesses are absent, does trial panel decide to postpone the court hearing in Vietnam?

Pursuant to Clause 2, Article 159 of the Law on Administrative Procedures 2015 stipulates presence of witnesses as follows:

1. Witnesses are obliged to participate in court hearings when summoned by the court to present circumstances of cases which they know. In case witnesses are absent but have earlier given their testimonies in person or sent their testimonies to the court, presiding judges of court hearings shall disclose these testimonies.

2. In case witnesses are absent, the trial panel shall decide to postpone the court hearing or to continue with the trial. In case witnesses are absent from the court hearing without a plausible reason and their absence impedes the trial, they may be escorted to the court hearing under decisions of the trial panel.

Thus, according to the above provisions in Vietnam, it can be seen that in case witnesses are absent, the trial panel shall decide to postpone the court hearing or to continue with the trial. This issue will be considered and decided by trial panel, not automatically postponing the court session.

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