Provisions on identification of evidence in The Civil Procedure Code of Vietnam
According to the provisions of the Civil Procedure Code 2015 (CPC), the evidences in civil cases are factual things collected by involved parties (including: litigator, defendant, the persons with related interests and obligations), agencies, organizations or individuals then which are submitted to the Court or collected by Court in accordance with the procedures specified by the CPC to determine whether the litigant's request is well-founded or lawful to help solve the civil cases properly. The current civil procedure law has clearly regulated the conditions for factual things to be recognized as evidence in civil cases, let's find out more about these conditions in the article below.
Legal grounds:
-Article 93, 94 and 95 CPC
Provisions on identification of evidence:
1. Contents-readable materials may be considered as evidences if they are originals or copies lawfully notarized or authenticated or supplied and certified by competent agencies or organizations.
2. Audible, visible materials may be regarded as evidences if they are presented together with documents about the origins of such materials which are recorded by the presenting persons themselves; or the documents certified by the one providing such materials for the presenting persons about the origins of those materials; or documents related to such audio and/or video recording.
3. Electronic data is presented in form of exchanging of electronic data, electronic invoices, electronic mails, telegram, telegraphy, facsimile and other similar forms according to legislation on electronic transactions.
4. Exhibits to be considered as evidences must be the original relating to the cases.
5. Involved parties' testimonies, witnesses' testimonies may be considered as evidences if they are recorded in text or in audio-tapes, audio-discs, or video-tapes or discs or other devices with audio or image recording in accordance with Clause 2 of Article 95, or are given orally in Court sessions.
6. Appraisal conclusions may be considered as evidences if the appraisal is carried out in accordance with the procedures which are prescribed by law.
7. On-site appraisal minutes may be considered as evidences if the appraisal is conducted in accordance with the procedures which are prescribed by law.
8. Property evaluation results and price appraisal results may be considered as evidences if the evaluation/appraisal is carried out in accordance with the procedures which are prescribed by law.
9. Written document of legal facts or acts that are formulated on-site by functional persons may be considered as evidences if the formulation of such documents is carried out according to the procedures which are prescribed by law.
10. Notarized/authenticated documents may be considered as evidences if the notarization/authentication is carried out according to the procedures which are prescribed by law.
11. Other sources prescribed by law may be determined to be evidences according to conditions and procedures which are prescribed by law.
