Will involved parties submit documents and evidence in writing in Vietnam? Are documents and evidence submitted by involved parties a copy or original in Vietnam?

Which evidence documents do the plaintiff not have to send to other involved parties in Vietnam?

The court is resolving the dispute between me and Ms. Ly Long Nuong regarding the property loan contract. Recently, Ms. Nuong asked me to send her the lawsuit petition and accompanying documents, but I did not want to send them because there were documents related to personal secrets. Please tell me, do I have to send these documents to Ms. Nuong?

Reply:

Pursuant to Clause 9, Article 70 and Clause 1, Article 71 of the 2015 Civil Procedure Code, involved parties are obliged to send other litigants or their legal representatives copies of the petition and documents and evidence, except documents and evidence that other litigants already have, documents and evidence specified in Clause 2, Article 109 of this Code. In case they cannot copy or send lawsuit petitions, documents or evidence for legitimate reasons, they have the right to ask the Court for assistance.

Documents and evidence specified in Clause 2, Article 109 of the 2015 Civil Procedure Code are documents and evidence related to state secrets, national customs and traditions, professional secrets, and business secrets, personal secrets, family secrets.

So, you have sued to request the Court to resolve the property loan contract dispute and the Court has accepted the settlement, so you are the civil plaintiff in the case. You are obliged to send Ms. Nuong a copy of the petition and documents and evidence, except documents and evidence related to your personal secrets and other documents and evidence as mentioned above. If for legitimate reasons you cannot submit a lawsuit, documents or evidence, you have the right to ask the Court for assistance.

Above is our advice on the issue you are wondering about.

Which evidence documents do the plaintiff not have to send to other involved parties in Vietnam? Will involved parties submit documents and evidence in writing in Vietnam? (Image from the Internet)

Will involved parties submit documents and evidence in writing in Vietnam?

Please ask: when the court requests me to hand over evidence documents, at the time of handover, will the court make a record?

Reply:

Pursuant to Article 96 of the 2015 Civil Procedure Code, it is stipulated as follows:

1. During the process of resolving civil cases by courts, the involved parties shall have the rights and obligations to hand over materials and evidences to the courts. If the handed materials/evidences are inadequate to form the base for resolution of the matters/cases, the Judge shall request the involved parties to supplement the materials/evidences. If the involved parties fail to hand over the materials/evidences or do not hand over adequately the materials/evidences requested by the Courts, the Courts shall resolve the civil cases pursuant to the materials and evidences handed over by the involved parties and those collected by the Courts according to regulations in Article 97 of this Code.

2. The hand-over of materials/evidences to Courts by involved parties must be recorded in the minutes. The minutes must clearly state the appellations, forms, contents, characteristics of the materials/evidences; the number of copies, the number of pages and time of reception; the signatures or append finger prints of the deliverers, the signatures of the recipients and seals of the courts. The minutes must be made in two copies, one of which shall be incorporated in the civil case files and the other shall be handed to the involved parties handing over the evidences.

3. The materials/evidences submitted in ethnic minority languages or foreign languages to Courts by the involved parties must be enclosed with their Vietnamese translations that are lawfully notarized or authenticated.

4. Deadline for handing over materials and evidences shall be defined by the Judges in charge of the cases provided that such time does not exceed the duration of preparation for adjudication according to first-instance procedures and/or the duration of preparation for resolution of civil matters according to regulations in this Code.

If the Courts request the involve parties to hand over materials and evidences but the involved parties fail to comply with due to good and sufficient reason and supply the required materials and evidences when decisions to bring the cases to trial according to first-instance procedures and the decisions to hold meetings to resolve the civil matters have been issued, such involved parties must prove the reasons for the lateness of supply of such materials/evidences. Regarding materials and evidences which the Courts did not request the involved parties to supplied or materials and evidences that the involved parties cannot know about during the resolution of the cases according to first-instance procedures, the involved parties may supply and present such materials/evidences in first-instance trial sessions or the meetings for resolving civil matters or later procedural stages of the resolution of such civil cases.

5. When materials and evidences hand over to the Courts, there must be their copies sent to other involved parties or lawful representatives or other involved parties; regarding materials and evidences specified in clause 2 Article 109 of this Code or materials and evidences whose copies cannot be made, written notifications must be sent to other involved parties or lawful representatives of other involved parties.

Thus, based on the above regulations in Vietnam, when the court requests the handover of evidence documents, it must be made in writing at the time of handover for recording.

Above is the support content.

Are documents and evidence submitted by involved parties a copy or original in Vietnam?

The court requires me to submit evidence documents, can I submit copies? Please ask for support in answering questions. Thank!

Reply:

Pursuant to Clause 1, Article 96 and Article 95 of the 2015 Civil Procedure Code, it is stipulated as follows:

1. During the process of resolving civil cases by courts, the involved parties shall have the rights and obligations to hand over materials and evidences to the courts. If the handed materials/evidences are inadequate to form the base for resolution of the matters/cases, the Judge shall request the involved parties to supplement the materials/evidences. If the involved parties fail to hand over the materials/evidences or do not hand over adequately the materials/evidences requested by the Courts, the Courts shall resolve the civil cases pursuant to the materials and evidences handed over by the involved parties and those collected by the Courts according to regulations in Article 97 of this Code.

- Documents with readable content are considered evidence if they are originals or copies that are notarized, legally authenticated, or provided or certified by a competent agency or organization.

=> Thus, based on the above regulations in Vietnam, the documents and evidence you submit to the court can be in copies, but must be notarized and authenticated according to regulations.

Above is the support content.

Best regards!