The party initiating a lawsuit must have the obligation to present evidence for proof

Sure, here's the translated text:---Yes, I would like to ask, according to the regulations on civil procedure law, is it required that the individuals who initiate a lawsuit have the obligation to present evidence to prove their claim?---

Based on Clause 1, Article 91 of the 2015 Civil Procedure Code, the obligation to provide evidence is stipulated as follows:

The litigant requesting the Court to protect their legitimate rights and interests must collect, provide, and submit to the Court documents and evidence to prove that the request is grounded and lawful, except in the following cases:

- Consumers filing a lawsuit are not obligated to prove the fault of the organizations or individuals conducting business in goods and services. Organizations or individuals conducting business in goods and services being sued are obligated to prove that they are not at fault in causing the damage according to the Law on Protection of Consumer Rights;

- The litigant is an employee in a labor case, and if they cannot provide or submit to the Court documents and evidence because those documents and evidence are under the management and storage of the employer, then the employer has the responsibility to provide and submit those documents and evidence to the Court.

- Employees filing a lawsuit for unilaterally terminating a labor contract in cases where the employer is not entitled to unilaterally terminate the labor contract or in cases where disciplinary actions against the employee are prohibited under labor law, then the obligation to provide evidence lies with the employer;

- Other cases where the law provides different regulations regarding the obligation to provide evidence.

Thus, it is not always the case that the person filing the lawsuit is obligated to provide evidence to prove their claim. In the specific cases of consumers or labor lawsuits mentioned above, they are not required to prove their claim.

Respectfully!

Related Posts
LawNet
What are types of procedural costs according to the Ordinance on Procedural Costs in 2024 in Vietnam?
LawNet
What is the latest template of Mutual Divorce Application Form in 2024 in Vietnam? How to fill in this form?
LawNet
What are diversion measures? What are 12 diversion measures for juvenile offenders in Vietnam?
LawNet
What are regulations on the seizure of valuable papers for the execution of civil judgments in Vietnam?
LawNet
Promulgating Decree 142/2024/ND-CP on the management of storage of evidences, documents, items in Vietnam
LawNet
Can You Refuse to Testify When Summoned to Court?
LawNet
Procedure for Registration of Operation of Arbitration Centers
LawNet
Is the Arbitration Center permitted to use the National Flag as its symbol?
LawNet
Title of the Arbitration Center is Prescribed in What Manner?
LawNet
Lawsuit Against a Company for Terminating a Pregnant Employee: Is Proof Required?
Lượt xem: 0
Latest Post

Đơn vị chủ quản: Công ty THƯ VIỆN PHÁP LUẬT.
Chịu trách nhiệm chính: Ông Bùi Tường Vũ - Số điện thoại liên hệ: 028 3935 2079
P.702A , Centre Point, 106 Nguyễn Văn Trỗi, P.8, Q. Phú Nhuận, TP. HCM;