Obligations to prove in civil proceedings in Vietnam

Obligations to prove in civil proceedings in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Obligations to prove in civil proceedings in Vietnam

Obligations to prove in civil procedures is prescribed in Article 91 of the Civil Procedure Code 2015 as follows:

- The involved parties who petition the Courts to protect their legitimate rights and interests must collect, introduce and supply the Courts with materials and evidences to prove that such petitions are well-grounded and lawful, except for the following cases:

+ Litigators are customers who are not required to prove faults of organizations and individuals trading goods and/or services Organizations and individuals trading goods/services that are sued shall be obliged to prove that they have no fault that leads to the damage as provided for in the Law on consumers’ right protection;

+ Involved parties being employees in labor cases fail provide or supply the Courts materials and evidences because such materials/evidences are being under the management and retention of employers, thus the employers shall provide and supply such materials and evidences to the Courts.

If an involved party initiating a lawsuit over the unilateral termination of a labor contract in case where the employer is not allowed to have the right to unilaterally terminate the labor contract or where the employer fails to enforce labor discipline on the employee as prescribed in legislation on labor, the obligation to prove must be fulfilled by the employer;

+ Other cases where there are other law regulations on obligations to prove.

- The involved parties that protest against other persons' claims against them must present in writing and must collect, introduce and supply the Courts with materials and evidences to prove such protests.

- Agencies, organizations and individuals that initiate lawsuit to protect public interests, the State’s interests, or petition Courts to protect others' legitimate rights and interests must collect, provide and supply the Courts with evidences to prove that their lawsuits or petitions are well-grounded and lawful.

Social organizations that protect interests of the consumers do not have the obligation to prove the faults of organizations/individuals trading goods/services according to the Law on protection of customer’s rights.

- If the involved parties that are obliged to introduce evidences to prove but fail to introduce evidences or fail to introduce adequate evidences, the Courts shall resolve the civil cases according to the collected evidences in the dossier about the cases.

2. Details and facts that are not required to be proved in civil proceedings in Vietnam

- The following details and facts are not required to be proved:

+ Details and facts that are clear and come to everyone's knowledge and are accepted by courts;

+ Details and facts that have been identified in the Court judgments or decisions which are legally effective or in decisions of competent State bodies which have come into force;

+ Details and facts that have been recorded in writing and have been notarized or authenticated. If there is any suspicion of the objectiveness of such details/facts or the objectiveness of the notarized/authenticated writing, the Judge may request the involved parties or the notarizing/certifying agencies to present the original copies.

- If either involved party acknowledges or does not protest against the details, facts, materials, conclusions issued by specialized agencies and given by the other involved party, the latter is not required to prove them.

- If an involved party has a representative to participate in the procedures, that representative's acknowledgement shall be regarded as the acknowledgement of such involved party if it does not exceed the representative scope.

(Article 92 of the Civil Procedure Code 2015)

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