In business and civil disputes, especially those involving verbal agreements or negotiations, audio recordings are often considered a potential form of evidence. However, whether these recordings are admissible in court in Vietnam depends on various legal factors. This article explores the legal framework governing the use of audio recordings as evidence under Vietnamese law, particularly in civil and labor cases.
1. Legal Basis for Admitting Audio Recordings
Under Article 94 of the Civil Procedure Code 2015, audio recordings are classified as a form of electronic evidence. This provision states that audio and video recordings, provided they are relevant to the case and properly collected, may be submitted to the court as valid evidence.
Moreover, Article 95 stipulates that the party submitting the evidence must prove its authenticity and legality. This means the recording must not be fabricated, altered, or obtained through illegal means.
2. Consent and Privacy Considerations
A common question is whether recording someone without their knowledge is legal and whether such a recording can still be accepted in court. Currently, Vietnamese law does not explicitly prohibit audio recording without consent, unless it violates privacy rights or is done in a manner that breaches criminal laws (e.g., wiretapping under Article 159 of the Penal Code).
However, courts often assess:
– Whether the recording violates privacy or dignity.
– Whether it was obtained in a way that seriously breaches ethics or laws.
If the recording was made in a context where the speaker had no reasonable expectation of privacy (e.g., a business meeting), courts may be more likely to accept it.
3. Burden of Proof and Reliability
To be accepted, an audio recording must be:
– Clearly audible and identifiable;
– Connected directly to the parties involved;
– Time-stamped or otherwise contextualized;
– Backed up by supporting evidence, if possible.
Courts may require technical verification, such as expert opinions, to confirm the recording’s integrity.
4. Practical Applications in Business Disputes
In practice, businesses often use audio recordings to prove:
– Oral agreements or modifications to contracts;
– Misconduct or illegal behavior by partners, employees, or third parties;
– Internal violations or labor issues (e.g., threats, harassment).
While recordings are not always decisive, they can play a supporting role in proving facts, especially if corroborated by documents, witness testimony, or other forms of evidence.
5. Recommendations for Businesses
– Inform participants when possible before recording, especially in formal settings.
– Ensure the recording is of good quality, and securely store the original file.
– Avoid recording in private spaces without consent to minimize legal risks.
– Use recordings to complement other forms of evidence rather than relying on them alone.
Conclusion
In Vietnam, audio recordings can be used as evidence in court under certain conditions. Their admissibility depends largely on how the recording was obtained and whether it complies with procedural and ethical standards. For businesses, audio recordings can be a valuable tool in protecting their interests—but they must be used carefully and lawfully.
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