How Are Documents and Evidence Submitted to the Court?
There are two methods: submission directly at the Court or submission via electronic means. Specifically, the submission/transmission of documents and evidence related to civil cases is regulated as follows:
1. Submission of Documents and Evidence at the Court
During the course of adjudicating a civil case, the parties have the right and obligation to submit documents and evidence to the Court. Where the submitted documents and evidence are insufficient to resolve the case, the Judge shall request the parties to submit additional documents and evidence. If a party fails to submit or submits insufficient documents and evidence as requested by the Court without justifiable reason, the Court shall resolve the case on the basis of the documents and evidence already submitted and collected.
The submission of documents and evidence to the Court must be recorded in a written minutes. Such minutes must clearly state the title, form, content, and characteristics of the documents and evidence; the number of copies and pages; the time of receipt; the signature or fingerprint of the submitting party; the signature of the receiving person; and the seal of the Court. The minutes shall be made in two copies: one to be kept in the case file, and one to be returned to the submitting party.
If documents and evidence submitted to the Court are in ethnic minority languages or foreign languages, they must be accompanied by a Vietnamese translation duly notarized or authenticated.
The time limit for submission of documents and evidence shall be determined by the Judge assigned to resolve the case but shall not exceed the statutory time limit for trial preparation in first-instance proceedings or for preparation of resolution of civil matters under this Code.
If, after the decision to bring the case to first-instance trial or to open a meeting for resolving a civil matter, a party submits documents and evidence that the Court had previously requested but were not submitted due to justifiable reasons, such party must prove the grounds for the delayed submission. For documents and evidence not previously requested by the Court, or documents and evidence that could not have been known during the first-instance preparation stage, the parties are entitled to submit and present them at the first-instance trial, at the meeting for resolving the civil matter, or at subsequent procedural stages.
When submitting documents and evidence to the Court, the party must simultaneously send copies of such documents and evidence to the other parties or their lawful representatives. For documents and evidence specified under Clause 2, Article 109 of the Civil Procedure Code 2015, or those that cannot be copied, written notification must be provided to the other parties or their lawful representatives.
2. Submission of Documents and Evidence by Electronic Means
The plaintiff and other participants in proceedings may send documents and evidence to the Court electronically via the Court’s electronic portal, except for the cases specified under Clause 2, Article 19 of Resolution No. 04/2016/NQ-HĐTP.
Upon receiving the documents and evidence, the Court shall verify them and, within 03 working days, send a confirmation notice via the Court’s electronic portal to the registered email address of the plaintiff or participant in proceedings.
Submission of Documents and Evidence at the Court Following Electronic Transmission
The plaintiff and other participants in proceedings who have transmitted documents and evidence electronically must submit the originals or duly certified copies of such documents and evidence no later than at the meeting for examination of evidence and mediation, or the meeting for examination of evidence and dialogue.
For documents and evidence submitted electronically after such meetings, the time limit for submitting originals or duly certified copies shall comply with the relevant provisions of procedural law.
Documents and evidence as specified under Clause 2, Article 109 of the Civil Procedure Code, Clause 2, Article 96 of the Law on Administrative Procedures; material evidence; audio or visual records; or other documents and evidence that cannot be formatted as electronic data messages under Clause 1, Article 6 of Resolution No. 04/2016/NQ-HĐTP shall not be submitted electronically but must be submitted through other methods in accordance with procedural law.
Legal basis:
– Article 96 of the 2015 Civil Procedure Code;
– Articles 18 and 19 of Resolution No. 04/2016/NQ-HĐTP guiding the implementation of certain provisions of the Civil Procedure Code No. 92/2015/QH13 and the Law on Administrative Procedures No. 93/2015/QH13 on the electronic submission, receipt of petitions, documents, evidence, and the service and notification of procedural documents.
