In commercial practice, disputes are often unavoidable. When a dispute arises, the decisive factor in protecting a company’s legitimate rights and interests is evidence. In reality, however, many businesses do not fully understand the legal framework governing evidence, resulting in insufficient collection or submission of supporting documents when initiating or defending claims before courts or arbitral tribunals.
Under the Civil Procedure Code 2015 of Vietnam, parties bear the burden of proactively collecting and submitting evidence to substantiate their claims. A proper understanding of admissible evidence, the legal requirements for evidentiary validity, and the procedures for submission is essential for improving the likelihood of success in commercial disputes.
The following outlines key legal considerations that businesses should take into account.
1. Definition and Role of Evidence in Commercial Disputes
Pursuant to Article 93 of the Civil Procedure Code 2015, evidence in civil proceedings refers to anything that is true and is submitted by parties, or collected by competent authorities, to determine objective facts of the case and assess whether the claims or objections of the parties are lawful and well-founded.
In commercial disputes, evidence serves to:
- Establish the objective facts of the case
- Substantiate the rights and obligations of the parties under the contract
- Determine the outcome of dispute resolution
Accordingly, businesses should establish a systematic evidence management and retention system from the contract formation and performance stages.
2. Legally Recognized Sources of Evidence
Article 94 of the Civil Procedure Code 2015 recognizes multiple sources of evidence, including:
- Readable, audible, and visual materials, including electronic data
- Physical exhibits
- Statements of involved parties
- Testimonies of witnesses
- Expert conclusions
- Records of on-site inspections
- Asset valuation and appraisal results
- Documents recording legal events or acts
- Notarized or authenticated documents
- Other sources as prescribed by law
In practice, commonly used evidence in commercial disputes includes:
- Sale and purchase agreements
- Invoices and payment documents
- Delivery notes and handover records
- Business correspondence (emails)
- Messages and electronic data
- Inspection certificates
3. Burden of Proof
Under Article 91 of the Civil Procedure Code 2015, the burden of proof lies with the parties.
Specifically:
- A claimant must collect and submit evidence to prove that its claim is lawful and well-founded.
- A party objecting to a claim must also provide evidence supporting its objection.
- Where a party fails to provide sufficient evidence, the court will resolve the case based on the available evidence on record.
This principle underscores that businesses cannot rely solely on courts for evidence collection but must act proactively.
4. Conditions for the Admissibility of Evidence
Not all materials are admissible as evidence. Pursuant to Article 95 of the Civil Procedure Code 2015, evidence must meet certain legal requirements to be considered valid.
Readable Documents
Must be originals or certified true copies, or documents issued or certified by competent authorities.
Audio and Visual Materials
Must be accompanied by written explanations of their origin or confirmation from the provider.
Electronic Data
Electronic data may include:
- Emails
- Electronic records
- Telex, telegrams
- Fax transmissions
- Other forms of electronic communication
To be admissible, such data must satisfy requirements of authenticity, integrity, and lawful collection and storage.
5. Procedures for Submission of Evidence
Article 96 of the Civil Procedure Code 2015 sets out procedural requirements for evidence submission:
- A record of submission must be prepared, specifying the name, form, content, number of copies, pages, and time of receipt.
- Evidence in foreign languages must be translated and duly notarized or certified.
- Evidence must be submitted within the time limit for first-instance trial preparation.
- Parties must serve copies of submitted evidence on other involved parties.
Failure to comply with these procedural requirements may result in evidence being rejected.
6. Specific Types of Evidence in Commercial Disputes
In commercial disputes, certain types of evidence carry particular importance under the Commercial Law 2005:
Documents Relating to Goods
The seller is obligated to provide documents related to goods in accordance with contractual agreements or legal requirements.
Inspection Certificates
Inspection certificates are critical in disputes concerning quality, quantity, or condition of goods.
Payment Evidence
Documents such as:
- Bank statements
- Payment orders
- Receipts
serve as proof of performance or breach of payment obligations.
7. Court Assistance in Evidence Collection
In certain cases, businesses may encounter difficulties in obtaining evidence.
Under the Law on Commercial Arbitration 2010, parties may request court assistance in collecting evidence where all reasonable measures have been exhausted but evidence cannot be obtained.
This mechanism ensures a more comprehensive and objective resolution of disputes.
8. Practical Recommendations for Businesses
To mitigate legal risks in commercial disputes, businesses should consider the following:
First, establish an evidence management system from the outset.
All contracts, appendices, correspondence, meeting minutes, and delivery documents should be systematically archived.
Second, pay special attention to electronic evidence.
Emails and messages should be sent via official corporate systems, ensuring clear identification of sender, recipient, and timestamps.
Third, notarize or certify important documents in a timely manner.
This helps prevent disputes regarding authenticity.
Fourth, retain original documents.
Original contracts, payment records, and delivery documents should be carefully preserved.
Fifth, seek legal advice at an early stage.
Legal counsel can assess the admissibility, relevance, and probative value of evidence before initiating or responding to legal proceedings.
Conclusion
Evidence is the cornerstone of any commercial dispute. Businesses must not only understand the legal framework governing evidence but also proactively establish robust documentation and data retention practices.
Proper, timely, and lawful preparation of evidence will significantly enhance a company’s ability to protect its rights before courts or arbitral tribunals, while also minimizing legal risks in commercial operations.
CONTACT LEGAL CONSULTANT:
TLA Law is a leading law firm with a team of highly experienced lawyers specializing in criminal, civil, corporate, marriage and family law, and more. We are committed to providing comprehensive legal support and answering all your legal questions. If you have any further questions, please do not hesitate to contact us.
1. Lawyer Vu Thi Phuong Thanh, Ha Noi Bar Association
Email: vtpthanh@tlalaw.vn
2. Lawyer Tran My Le, Ha Noi Bar Association
Email: tmle@tlalaw.vn
Nguyen Thuy Duong