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









