Can a non-notarized copy of a contract be considered as a evidence in Vietnam?
Can a non-notarized copy of a contract be considered as a evidence in Vietnam? What are sources of evidence in Vietnam?
Hello Lawnet. I have a dispute regarding a land purchase with another individual. Currently, I do not have the original sale contract as evidence, but I do have a photocopy that is not notarized or authenticated. Can I use this photocopy as evidence?
Can a non-notarized copy of a contract be considered as a evidence in Vietnam?
Pursuant to Article 95 of the Civil Procedure Code in 2015 stipulating regulations on identifying evidences as follows:
1. Contents-readable materials shall be regarded as evidences if they are originals or copies lawfully notarized or authenticated or supplied and certified by competent agencies or organizations.
2. Audible, visible materials shall be regarded as evidences if they are presented together with documents about the origins of such materials (applicable to materials recorded by the presenting persons themselves) or the documents certified by the one providing such materials for the presenting persons about the origins of those materials or documents related to such audio and/or video recording.
3. Electronic data shall be presented in form of exchange of electronic data, electronic invoices, electronic mails, telegram, telegraphy, facsimile and other similar forms according to legislation on electronic transactions.
4. Exhibits to be regarded as evidences must be the original and related to the cases.
5. Involved parties' testimonies, witnesses' testimonies shall be regarded as evidences if they are recorded in writing or in audio-tapes, audio-discs, or video-tapes or discs or other audio or image recording devices as provided for in Clause 2 of this Article, or are given orally in Court sessions.
6. Expertising conclusions shall be regarded as evidences if the expertise is conducted in accordance with the procedures prescribed by law.
7. On-site appraisal minutes shall be regarded as evidences if the appraisal is conducted in accordance with the procedures prescribed by law.
8. Property evaluation results and price appraisal results shall be regarded as evidences if the evaluation/appraisal is carried out in accordance with the procedures prescribed by law.
9. Written records of legal facts or acts that are formulated on site by functional persons shall be regarded as evidences if the formulation of such records is carried out according to the procedures prescribed by law.
10. Notarized/authenticated documents shall be regarded as evidences if the notarization/authentication is conducted according to the procedures prescribed by law.
11. Other sources prescribed by law shall be determined to be evidences according to requirements and procedures prescribed by law.
As regulations above, contents-readable materials shall be regarded as evidences if they are originals or copies lawfully notarized or authenticated or supplied and certified by competent agencies or organizations. Therefore, your contract cannot be considered as a evidence.
Can a non-notarized copy of a contract be considered as a evidence in Vietnam? - image from internet
What are sources of evidence in Vietnam?
Pursuant to Article 94 of the Civil Procedure Code in 2015 stipulating sources of evidence as follows:
Evidences are gathered from the following sources:
1. Readable, audible or visible materials, electronic data;
2. Exhibits;
3. Involved parties' testimonies;
4. Witnesses' testimonies;
5. Expertising conclusions;
6. On-site appraisal minutes;
7. Property evaluation and price appraisal results;
8. Written records of legal facts or acts that are formulated by functional persons;
9. Notarized/authenticated documents;
10. Other sources prescribed by law.
Best regards!