Tiếng Việt
中文 (中国)
日本語
In civil disputes, the submission and presentation of evidence to the Court are among the most critical stages in the entire case resolution process. The initiation and conclusion of a civil dispute largely depend on the evidence provided by the parties involved. This is because almost all court activities revolve around proving or disproving evidence as accurate, false, or irrelevant to the case.
Given its importance, understanding and grasping the nuances and attributes of evidence in civil disputes is essential for those involved in the litigation process. In this article, ASL LAW highlights several notes on the provision and presentation of evidence in civil disputes in Vietnam.
These include relevant concepts, attributes of evidence, the responsibility of submitting evidence, instances where evidence is deemed inadmissible, and a comparison of evidence-related activities between arbitration and court proceedings.
Evidence in Civil Disputes
Article 93 of the 2015 Civil Procedure Code No. 92/2015/QH13 (“2015 Civil Procedure Code”) defines evidence in civil cases as facts provided by litigants and other entities, organizations, or individuals during the litigation process, or collected by the Court in accordance with the procedures stipulated in the 2015 Civil Procedure Code. Such evidence is used by the Court as the basis for determining the objective facts of the case, as well as whether the claims or objections of the litigants are well-grounded and lawful.
Under Article 94 of the 2015 Civil Procedure Code, evidence sources may include readable, audible, or visual documents, electronic data; physical evidence; testimonies of litigants and witnesses; expert opinions; on-site assessment reports; asset valuation or price appraisal results; documents certifying legal events or acts prepared by competent authorities; notarized or certified documents; and other sources prescribed by law.
In civil disputes, evidence plays an indispensable role. It comprises information, proof, or documents that can support or refute claims, statements, and arguments made by parties in the lawsuit. The importance of evidence reflects transparency and fairness in dispute resolution while ensuring the accuracy and reliability of judicial decisions. It also helps prevent fraud and abuse of power within the judicial system.
Key Considerations Regarding Evidence in Civil Disputes
Evidence plays a crucial role in civil disputes as it serves as the foundation for determining truth and fairness in law. Some noteworthy considerations regarding evidence in civil disputes include:
Relevance of Evidence to the Dispute Content
Although not explicitly detailed in the 2015 Civil Procedure Code, the attributes of evidence can be categorized into three types: relevance, legality, and objectivity, as outlined in Clauses 1 and 2, Article 108 of the Code.
The relevance of evidence to the content of a civil dispute signifies that relevant evidence will be relied upon by the Court to resolve the case. Evidence lacking relevance will not be used in civil cases, even if it pertains to other lawsuits or related aspects of the case under consideration.
In practice, the relevance of evidence can be divided into directly related evidence and indirectly related evidence.
- Directly Related Evidence: These are pieces of evidence through which the Court can immediately ascertain their connection to the case, such as invoices, bank transfer receipts, or loan agreements in international payment disputes.
- Indirectly Related Evidence: These may not be immediately recognized as relevant when presented.
For example, in a civil dispute over determining the paternity of a child born in October 2022, the male defendant submitted travel documents, hotel receipts, transportation tickets, and work orders issued by his company for the period from January to February 2022 (the time of conception).
Although this evidence does not directly relate to the dispute, it proves that the defendant was in a different location from the mother during the time of conception. This evidence becomes exculpatory, demonstrating the defendant’s absence and disproving the claim of paternity.
In evaluating evidence, apart from independently examining directly or indirectly related evidence, the Court also assesses the interconnection of evidence in reflecting objective truth.
When evidence holds equal relevance or priority, the Court must employ necessary professional measures to clarify the probative value of each piece of evidence. This allows the evidence to serve as a basis for resolving civil cases, as stipulated in Point b, Clause 2, Article 266 of the 2015 Civil Procedure Code for first-instance judgments and Clause 4, Article 313 for appellate judgments.
Obligation to Submit Complete Evidence
To ensure that the parties involved, as well as their legal representatives, can present their arguments and respond to evidence evaluation in accordance with Point 20, Article 70 of the 2015 Civil Procedure Code, the parties must first submit complete evidence, following the evidence collection process.
To ensure the objective evaluation of evidence, the evidence collection process must be carried out fairly, comprehensively, accurately, and effectively, before proceeding with the evaluation.
Once evidence is collected, the parties involved, along with their legal representatives, have the right and obligation to submit documents and evidence to the Court in accordance with the provisions of Clause 1, Article 96 of the 2015 Civil Procedure Code.
In cases where documents are incomplete, inaccurate, or need to be supplemented or corrected, the Court will require the parties to submit or correct the necessary documents or evidence. If the parties fail to submit or submit incomplete documents or evidence as requested by the Court without a valid reason, the Court will base its decision on the documents and evidence already submitted by the parties and collected by the Court.
Note on Cases Where Evidence is Not Recognized
When submitting documents or evidence to support their arguments, the parties need to be aware of cases in which evidence may not be recognized by the Court, which could impact their defense of their rights. Some cases where evidence may not be recognized include:
Meeting Minutes Not Signed by Relevant Parties
In disputes between employees and employers, businesses and partners, meeting minutes are one of the most common and legally valid forms of evidence. A meeting minute is a document that records the content of the meeting, including the information presented, the opinions of participants, the final decision, and other important details depending on the type of meeting.
Due to the variety of meeting methods and formats, Vietnamese law does not specify a standard form of meeting minutes for all types of meetings. However, despite this, a meeting minute must still comply with the conditions set out in Decree 30/2020/ND-CP on archival work.
In civil disputes, meeting minutes are often presented as evidence for their transparency and accuracy, reflecting the objective facts agreed upon and verified by the parties. However, if the meeting minutes fail to demonstrate the consensus of the parties involved, they will not have legal value and cannot be used as evidence in a dispute.
For example, according to the judgment in Case No. 524/2017/LĐ-PT dated June 12, 2017, the Ho Chi Minh City People’s Court did not recognize the meeting minutes between Mr. T and the representative of Company H, as the minutes from May 9, 2016, only had the signatures of Company H’s director (Mr. L) and a confirmation signature from an employee of Company H, but no signature from Mr. T. This proves that Mr. T did not acknowledge the content of the minutes, making them invalid.
Since the minutes were not acknowledged by the parties involved, they lack objectivity—one of the three essential attributes of evidence. Therefore, these minutes cannot be used as evidence as requested by Company H.
In addition to physical evidence, such as meeting minutes, electronic data messages, including emails and messages through applications like Zalo, Viber, Whatsapp, etc., are also recognized as evidence and cannot be dismissed solely because they are electronic data messages, as stipulated in Clause 3, Article 95 of the 2015 Civil Procedure Code and Article 14 of the 2005 Electronic Transactions Law.
Audio Recordings Not Proving Legal Origin
Audio recordings are also considered electronic data under Clause 1, Article 99 of the 2015 Criminal Procedure Code and may be recognized as evidence in civil disputes.
Clause 2, Article 95 of the 2015 Civil Procedure Code states that one type of evidence includes audio-visual materials if the party can provide a document outlining the origin of the material. This is required when they self-record audio or video, or when a document confirms the origin of the material or the event related to the recording.
One of the key conditions for validating an audio recording is proving its legal origin. The origin is confirmed when the party providing the recording also presents a document confirming its origin or provides a statement regarding the event surrounding the recording. Additionally, the voice in the recording must be verified as belonging to the individual involved and should not be altered or tampered with, with the conversation’s content aligned with the intent of the speaker if the content is unclear.
If a dispute arises and the party denies the content, forensic experts may be required to confirm the voice using specialized methods.
Furthermore, if the recording was collected unlawfully, such as in cases of “secret recordings” made without the consent of the person being recorded, the document will likely not be recognized as valid evidence. For instance, audio recordings made illegally without consent or awareness of the recorded party only serve as reference materials and cannot be recognized as evidence in a lawsuit.
The 2015 Criminal Procedure Code also addresses this issue. Specifically, Clause 2, Article 87 of the Code states, “What is real but not collected in accordance with the procedures specified by this Code is not legally valid and cannot be used as a basis to resolve a criminal case.”
These regulations aim to limit the arbitrary collection of evidence and protect other rights, such as human rights and personal data protection, as outlined in Decree 13/2023/ND-CP.
Comparison with the Obligation to Prove and Submit Evidence in Commercial Arbitration in Vietnam
Currently, the 2010 Commercial Arbitration Law (Law No. 54/2010/QH12) does not have specific provisions regarding evidence, evidence collection, and related concepts. The definition, methods of collection, and evaluation of evidence in arbitration proceedings are still governed by the provisions of the 2015 Civil Procedure Code.
Similarly, the rights and obligations to actively collect and submit evidence to the Court, and to prove the legitimacy of their claims, as outlined in Clause 1, Article 6 of the 2015 Civil Procedure Code, also apply to the parties involved in disputes resolved by the Arbitration Council. They must provide evidence to the Arbitration Council to prove the facts related to the dispute in accordance with Clause 1, Article 46 of the 2010 Commercial Arbitration Law.
While there are many similarities, proving and submitting evidence in disputes resolved by the Arbitration Council presents challenges when compared to civil disputes resolved by the Court.
For example, since the Arbitration Council lacks enforcement power, the parties involved often fail to provide sufficient evidence or participate in meetings to resolve the dispute, as they would if the Court were involved.
In some cases, the Court may assist in collecting evidence in disputes resolved by the Arbitration Council. Clause 5, Article 46 of the 2010 Commercial Arbitration Law stipulates that when the Arbitration Council or the parties involved have made necessary efforts to collect evidence but are still unable to do so, they may submit a request to the competent Court to obtain documents, audio-visual materials, or other evidence related to the dispute.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for litigation and dispute resolution. If you need any advice, please contact us for further information or collaboration.
