The arbitration council's jurisdiction to collect evidence in Vietnam

The arbitration council's jurisdiction to collect evidence in Vietnam (Internet image) 

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

1. The arbitration council's jurisdiction to collect evidence in Vietnam

The arbitration council's jurisdiction to collect evidence in Vietnam according to Article 46 of the Law on commercial arbitration 2010 is as follows:

- The parties have the right and obligation to provide evidence to the arbitration council to prove matters related to their dispute.

- At the request of one party or all parties, the arbitration council may request witnesses to provide information and documents relating to the dispute settlement.

- The arbitration council may itself or at the request of one party or all parties request an appraisal and valuation of assets in the dispute as a basis for settling the dispute. Appraisal and valuation expenses shall be advanced by the appraisal and valuation requester or allocated by the arbitration council.

- The arbitration council may itself or at the request of one party or all parties consult experts. Expert expenses shall be advanced by the consultation requester or allocated by the arbitration council.

- If the arbitration council, one party or all parties have applied necessary measures to collect evidence but cannot itself/themselves collect evidence, they may propose in writing the competent court to request agencies, organizations and individuals to provide legible, audible or visible documents or other objects related to the dispute. Such a proposal must clearly indicate the circumstances of the dispute, evidence to be collected, reasons for the failure to collect evidence, names and addresses of agencies, organizations and individuals that manage and preserve such evidence.

- Within 7 working days after receiving a proposal for evidence collection, the president of the competent court shall assign a judge to consider and deal with this proposal. Within 5 working days after being assigned, such judge shall request in writing agencies, organizations and individuals that are managing and preserving evidence to provide it for the court and send such proposal to the same-level procuracy for the latter to perform its functions and tasks under law.

Agencies, organizations and individuals that are managing and preserving the evidence shall fully and promptly provide such evidence at the court's request within 15 days after receiving the request.

Within 5 working days after receiving the evidence provided by agencies, organizations and individuals, the court shall notify such to the arbitration council and requester for delivery and receipt of evidence.

Past this time limit, if agencies, organizations and individuals fail to provide the evidence as requested, the court shall immediately notify such to the arbitration council and requester and. at the same time, request in writing competent agencies or organizations to handle the failure under law.

2. The arbitration council's jurisdiction to summon witnesses in Vietnam

The arbitration council's jurisdiction to summon witnesses in Vietnam according to Article 47 of the Law on commercial arbitration 2010 is as follows:

- At the request of one party or all parties and when necessary, the arbitration council may request witnesses to appear at meetings to settle the dispute. Witness expenses shall be borne by the requester for such summon or allocated by the arbitration council.

- If a witness, though having been properly summoned by the arbitration council, fails to attend the meeting without a plausible reason and his/her absence obstructs the dispute settlement, the arbitration council shall request in writing the competent court to decide to summon the witness to attend the arbitration council's meeting. Such request must clearly indicate the circumstances of the dispute; name and address of the witness; reason for summoning; and time and place for the witness to attend the meeting.

- Within 7 working days after receiving the arbitration council's written request to summon the witness, the president of the competent court shall assign a judge to consider and deal with such request. Within 5 working days after being assigned, such judge shall issue a decision to summon the witness.

A witness-summoning decision must clearly indicate the name of the arbitration council requesting such summoning; circumstances of the dispute; name and address of the witness; and time and place for the witness lo attend the meeting.

The court shall immediately send this decision to the arbitration council, the witness, and concurrently lo the same-level procuracy for the latter to perform its functions and tasks under law.

The witness shall strictly observe the court's decision.

Witness expenses comply with Clause 1 of Article 47 of the Law on commercial arbitration 2010.

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