Law of Evidence at Vietnam
In Vietnam, the Law of Evidence is primarily governed by the Civil Procedure Code and the Criminal Procedure Code. The legal system in Vietnam is based on civil law traditions, influenced by the French legal system, and has been modernized over time to accommodate new developments in technology, such as electronic evidence.
1. Key Legal Frameworks
Civil Procedure Code (2015): Governs the use of evidence in civil cases, including contract disputes, family law issues, and property matters.
Criminal Procedure Code (2015): Regulates the collection, handling, and presentation of evidence in criminal cases.
Other Legislation: Certain specialized laws such as the Law on Anti-Corruption and the Law on Civil Judgment Execution also influence the handling of evidence in specific contexts.
2. Key Principles of Evidence in Vietnam
✅ Admissibility of Evidence
Relevance: Evidence must be relevant to the case and must be capable of proving or disproving facts in dispute.
Legality: Evidence obtained illegally (e.g., through coercion or unlawful searches) is inadmissible in court.
Best Evidence Rule: Original documents or items are preferred over secondary copies unless there is a valid reason for using copies (e.g., the original is unavailable).
✅ Types of Evidence
Vietnamese law recognizes several forms of evidence:
Documentary Evidence: Includes written documents, contracts, business records, official reports, and electronic communications.
Oral Testimony: Statements made by witnesses or parties involved in the case. These can be in court or through deposition.
Physical Evidence: Tangible items that are presented in court to help establish facts, such as weapons or objects related to the dispute.
Expert Opinions: Expert witnesses may be called to provide specialized knowledge or analysis, such as medical or forensic evidence.
Audio and Video Evidence: With the rise of technology, video recordings, phone records, and digital documents are becoming increasingly important in both civil and criminal cases.
✅ Burden of Proof
Civil Cases: The party making the claim has the burden of proving their case on the balance of probabilities (i.e., more likely than not).
Criminal Cases: The prosecution bears the burden of proving the defendant's guilt beyond a reasonable doubt. The defendant does not have to prove their innocence, and they have the right to present evidence in their defense.
3. Evidence in Civil vs. Criminal Cases
Civil Cases
In civil cases, the Civil Procedure Code outlines the procedures for presenting and challenging evidence. The parties involved are responsible for presenting evidence to support their claims or defenses. The court may also seek additional evidence if necessary.
In civil litigation, documentary evidence (e.g., contracts, official documents) is often the most crucial type of evidence.
The burden of proof in civil cases rests on the party asserting the claim (the plaintiff).
Criminal Cases
In criminal cases, the Criminal Procedure Code sets out the procedures for collecting and presenting evidence. The law enforcement agencies collect evidence during investigations, while the court examines it during the trial.
Physical evidence, including weapons, drugs, and other material items, is commonly presented. Witness testimony and expert evidence also play significant roles in criminal trials.
The prosecution has the duty to prove the defendant's guilt beyond a reasonable doubt. The defense can challenge the evidence presented and introduce counter-evidence.
Confessions obtained under duress or coercion are not admissible. The law ensures that evidence is gathered following proper legal procedures, and any violation could result in the exclusion of evidence.
4. Hearsay and Exceptions
Hearsay Evidence (statements made outside of court) is generally inadmissible unless it falls within certain exceptions, such as:
Statements made in the course of business.
Public records or documents that are officially recognized.
Admissions of guilt or other self-incriminating statements.
Declarations by deceased persons in certain situations, such as in cases of serious injury or death.
5. Digital and Electronic Evidence
With the increasing use of technology, electronic evidence such as emails, text messages, social media posts, and digital files are becoming more prominent in legal proceedings.
Digital signatures and electronic contracts are legally recognized in Vietnam under the Law on Electronic Transactions. This means that digital evidence can be used in court if it is authenticated and follows proper procedures.
6. Exclusions and Challenges
Illegally Obtained Evidence: Evidence that is gathered through illegal means (such as unlawful searches, wiretapping without a warrant, or torture to obtain confessions) is generally not admissible in court.
Corruption and Fairness: One of the challenges in Vietnam's legal system is the potential for corruption or unfair influence over judicial decisions, which can undermine the integrity of evidence presentation and evaluation.
Authentication of Evidence: With the increasing reliance on digital evidence, proper authentication of electronic evidence is crucial. For example, proving that a digital file has not been altered or tampered with is vital to its admissibility.
7. Recent Developments
The Cybersecurity Law (which came into effect in 2021) has introduced stricter regulations on data and digital evidence, especially with regard to internet activities, personal data protection, and cybersecurity.
E-justice: Vietnam has started to implement more digital tools in the courtroom, including virtual hearings and electronic filing of evidence in certain types of cases.
8. Conclusion
The Law of Evidence in Vietnam is governed by the Civil Procedure Code and Criminal Procedure Code, which provide a detailed framework for presenting and evaluating evidence in legal proceedings. The law seeks to ensure fairness in trials while adapting to modern technological developments, such as digital evidence. As in many jurisdictions, the admissibility of evidence depends on its relevance, legality, and authenticity.
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