Vietnam: Can I submit more evidence after the court has accepted the case?

Vietnam: Can I submit more evidence after the court has accepted the case?

My family is dealing with an administrative case related to LURC. I just went to court to file an application, and the court has accepted it. Now that I have other evidence, can I continue to submit it?

Answer:

Pursuant to Clause 1, Article 83 of the Law on Administrative Procedures 2015, the handover of documents and evidences is as follows:

In the course of settlement of an administrative case by the court, involved parties have the right and obligation to hand over documents and evidences to the court. If they fail to hand over documents and evidences or fail to hand over all documents and evidences to the requesting court without a plausible reason, the court shall base itself on the handed documents and evidences and those collected by itself under Clause 2, Article 84 of this Law to settle the case.

Thus, the administrative procedure law allows the handover of evidence by the involved parties during the court's settlement of the administrative case. You are therefore entitled to submit this evidence. At that time, the court will receive your case and make a record for you.

Vietnam: When I hand over documents and evidence, will it be recorded?

In an administrative case, when I hand over documents and evidence, will the Court make a record? I am only afraid that it will harm me if the document is lost.

Answer:

Pursuant to Clause 2, Article 83 of the 2015 Law on Administrative Procedures, regulations on handing over documents and evidences are as follows:

The handover of documents and evidences by involved parties to the court shall be recorded in writing. The written record must clearly indicate appellations, forms, contents and features of documents and evidences; number of copies and number of pages of documents and evidences and time of receipt; signatures or fingerprints of deliverers and recipients and seal of the court. A written record shall be made in two copies, one shall be included in the administrative case file and the other handed to the involved party that has handed over the documents and evidences.

Thus, when you hand over the documents and evidences, the court shall be recorded in writing. Two copies are made: one is kept in the administrative case file and the other is handed over to the involved parties to submit documents and evidence to keep. Therefore, you can rest assured.

Is evidence in an administrative case only legal if it is collected by the Court in Vietnam?

Is evidence in an administrative case only legal if it is collected by the Court in Vietnam?

Answer:

Pursuant to Article 80 of the Law on Administrative Procedures 2015 stipulates evidence as follows:

Evidences in an administrative case include factual things which are handed or produced to the court by involved parties or other agencies, organizations or individuals in the process of conducting procedures or collected by the court according to the order and procedures prescribed in this Law and used by the court as grounds for determining whether factual circumstances of the case as well as claims or objections of involved parties are grounded and lawful.

Thus, not only the evidences collected by the Court in accordance with procedures are legal, but also the evidences handed over or presented by involved parties, agencies, organizations and individuals to the Court during the proceedings are still considered lawful..

Best regards!