In Vietnam, when shall testimonies be regarded as evidences?

In Vietnam, when shall testimonies be regarded as evidences?

Pursuant to Clause 5 Article 95 of the Civil Procedure Code in 2015 stipulating identifying evidences as follows:

1. Contents-readable materials shall be regarded 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 shall be regarded as evidences if they are presented together with documents about the origins of such materials (applicable to materials 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 shall be presented in form of exchange of electronic data, electronic invoices, electronic mails, telegram, telegraphy, facsimile and other similar forms according to legislation on electronic transactions.

4. Exhibits to be regarded as evidences must be the original and related to the cases.

5. Involved parties' testimonies, witnesses' testimonies shall be regarded as evidences if they are recorded in writing or in audio-tapes, audio-discs, or video-tapes or discs or other audio or image recording devices as provided for in Clause 2 of this Article, or are given orally in Court sessions.

6. Expertising conclusions shall be regarded as evidences if the expertise is conducted in accordance with the procedures prescribed by law.

7. On-site appraisal minutes shall be regarded as evidences if the appraisal is conducted in accordance with the procedures prescribed by law.

8. Property evaluation results and price appraisal results shall be regarded as evidences if the evaluation/appraisal is carried out in accordance with the procedures prescribed by law.

9. Written records of legal facts or acts that are formulated on site by functional persons shall be regarded as evidences if the formulation of such records is carried out according to the procedures prescribed by law.

10. Notarized/authenticated documents shall be regarded as evidences if the notarization/authentication is conducted according to the procedures prescribed by law.

11. Other sources prescribed by law shall be determined to be evidences according to requirements and procedures prescribed by law.

As regulations above, witnesses' testimonies shall be regarded as evidences if they are recorded in writing or in audio-tapes, audio-discs, or video-tapes or discs or other audio or image recording devices. In addition, audible, visible materials shall be regarded as evidences if they are presented together with documents about the origins of such materials (applicable to materials 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.

What are sources of evidence in Vietnam?

Pursuant to Article 94 of the Civil Procedure Code in 2015 stipulating ources of evidence in Vietnam as follows:

Evidences are gathered from the following sources:

1. Readable, audible or visible materials, electronic data;

2. Exhibits;

3. Involved parties' testimonies;

4. Witnesses' testimonies;

5. Expertising conclusions;

6. On-site appraisal minutes;

7. Property evaluation and price appraisal results;

8. Written records of legal facts or acts that are formulated by functional persons;

9. Notarized/authenticated documents;

10. Other sources prescribed by law.

Above are sources of evidence in Vietnam.

Best regards!