In Vietnamese civil and commercial cases, the party making a claim must provide the evidence to prove it, and the party objecting must prove its objection; the court examines the evidence the parties submit and collects more only in limited situations, usually at a party's request. Courts accept documents, electronic data, exhibits, statements of parties and witnesses, expert conclusions and several other sources, provided they are lawfully obtained and properly presented. Foreign documents generally need legalisation and a certified Vietnamese translation.
Evidence is where cases are won. Vietnamese procedure is document-heavy and the judge forms a view largely from the written file, so a claim with weak paperwork rarely recovers at the hearing. This guide explains who must prove what, the forms of evidence the courts accept, how to make foreign and digital records usable, when the court will help gather evidence, and why timing matters. It is general information; for a live dispute, have your evidence reviewed by a licensed Vietnamese lawyer.
Who has to prove what
The basic rule of the Civil Procedure Code is simple: whoever makes a request or raises an objection must supply evidence for it. If you claim that a buyer failed to pay, you must show the contract, the delivery and the unpaid amount. If the buyer answers that the goods were defective, the buyer must prove the defect. A party that cannot prove its assertion bears the consequences, and the court will decide on the evidence available.
Some facts do not need proof. Facts that are widely known and recognised by the court, facts already established in a legally effective judgment or decision, and facts recorded in documents that have been lawfully notarised or certified generally need not be proven again, unless doubts are raised. A fact admitted by the other party, in writing or before the court, is likewise usually treated as established. Getting the other side to acknowledge a debt in writing before you sue can therefore shorten a case.
Special rules shift the burden in certain types of dispute. In consumer claims, for example, a business dealing with a consumer may bear a heavier burden to prove that it was not at fault. Employment disputes have their own features. Where such rules apply, understanding them changes how you prepare.
The court itself is not a passive referee. Judges examine the file, ask questions and can request parties to provide additional evidence. But the court does not build your case for you. The safest assumption is that anything you do not prove will be treated as unproven.
The forms of evidence courts accept
The Code lists the sources from which evidence can be drawn. The table summarises the main ones and what makes each carry weight.
| Source | Examples | How to make it count |
|---|---|---|
| Readable documents | Contracts, invoices, letters, minutes, bank statements | Originals or copies that can be checked against originals; certified translations for foreign-language papers |
| Electronic data | Emails, chat messages, files, system logs, website content | Show origin, integrity and the link to the person; preserve devices and metadata |
| Audio and visual material | Recordings, photos, video | Explain when, where and by whom it was made, and that it was obtained lawfully |
| Exhibits | Samples of goods, damaged items | Keep them intact and identifiable; photograph their condition |
| Statements of parties and witnesses | Written statements, testimony at sessions | Identify witnesses early; the court may summon them |
| Expert conclusions | Technical, accounting, handwriting or quality assessments | Request through the court or commission a qualified assessor in line with the rules |
| Records made by authorities or bailiffs | On-site inspection minutes, a bailiff's record of facts | Have the record made at the time the fact exists, before it disappears |
| Valuation and pricing results | Valuation of property or damages | Use the procedure the court approves |
The more independent and contemporaneous a piece of evidence is, the more weight it tends to carry. A bank record made at the time beats a summary prepared for the lawsuit.
Making foreign documents usable in a Vietnamese court
Documents issued or certified abroad are common in cases involving foreigners: a parent company's board resolution, a foreign bank's statement, a power of attorney signed overseas. To be accepted, they usually have to pass through the following steps.
- Check whether the document must be legalised. As a rule, foreign documents need consular legalisation for use in Vietnam, unless a treaty to which Vietnam and the issuing country are party, or the principle of reciprocity, exempts them.
- If legalisation is needed, have the document notarised or certified in the issuing country as that country requires, then authenticated by its competent authority and legalised by the Vietnamese embassy or consulate there.
- Arrange a Vietnamese translation, certified in line with Vietnamese rules or prepared by a translator whose work can be certified in Vietnam.
- Bind the original or certified copy, the legalisation and the translation together so the court can see they belong to one document.
- File the document with your claim or within the time the court sets, listing it clearly in your evidence list.
- Keep the original available, as the court or the other side may ask to examine it.
Legalisation can take weeks. Start it as soon as you know a document will be needed, and check the current position on exemptions for the specific country rather than assuming.
Electronic evidence: emails, chats and online records
Electronic data is recognised as evidence. Vietnamese law accepts data messages and electronic records as a source of evidence. The question in practice is weight: can you show where the message came from, that it reached the other side and that it has not been changed?
Export, do not screenshot only. Screenshots are easy to dispute. Where possible, export full email threads with headers, export chat histories through the app's own function, and keep the original devices and accounts intact. Note who had access to each device.
Link accounts to people. A chat with a nickname proves little unless you can tie that account to the defendant, for example through a registered phone number, earlier business messages or the defendant's own acknowledgement.
Record facts before they vanish. Website pages, online listings and posts can be deleted overnight. A bailiff can attend, access the content and prepare a record of facts that describes what was seen and when. Such records are frequently used as evidence and are far harder to challenge than your own screenshots.
Respect privacy and lawful collection. Evidence must be obtained lawfully. Accessing someone else's account, intercepting communications or secretly recording in ways the law prohibits can make the material unusable and expose you to liability. Ask a lawyer before using any recording you are unsure about.
When the court collects evidence and orders assessments
Although the parties carry the burden of proof, the court can help when a party cannot obtain evidence on its own. A typical example is a bank statement or a record held by a state agency or a third party who refuses to provide it. You can ask the court to request the document, explaining what you need, why it matters and what steps you have already taken. The court may then require the holder to supply it.
The court can also take statements, summon witnesses, carry out on-site inspections, order valuations and order expert assessments. Expert assessment is common in construction, quality and accounting disputes. A party may request it, and the court decides; the requesting party usually pays the advance. You can also commission an assessment yourself in line with the rules, and the court will consider it alongside other evidence, but an assessment ordered through the court tends to carry more weight because both sides can participate.
If you disagree with an expert conclusion, you can ask for further or repeated assessment, giving reasons. Courts expect such requests to be grounded in specific problems with the method or qualifications, not simply in dislike of the result.
In disputes with a foreign element, evidence located abroad may be collected through judicial assistance channels, which are slow. Where possible, obtain foreign evidence yourself and legalise it rather than relying on the court to request it from another country.
The evidence disclosure session and why late evidence is risky
Before the hearing, the court holds a session to check the delivery of, access to and disclosure of evidence, combined in most cases with conciliation. At this session the parties see what the other side has filed, state their positions and identify what is still missing. It is the moment when the shape of the case becomes clear to everyone, including the judge.
The Code expects parties to submit evidence during the preparation phase. Evidence produced only after the disclosure session, or at the hearing itself, may be accepted only if the party shows a valid reason for the delay, or if the evidence concerns something that only came up later. Holding back a document for a dramatic moment at trial is a tactic that often backfires in Vietnam.
You also have the right to see and copy the evidence the other side has filed, except for material the law protects. Use it: review the defendant's evidence carefully, prepare written comments and, where you dispute authenticity, say so clearly and ask for assessment.
Keep a running evidence index that matches the court's file, with the date each item was filed and its status. Many disputes about evidence at the hearing come down to who filed what and when, and a clean index answers those questions.
When you need a Vietnamese lawyer
A licensed Vietnamese lawyer helps most with evidence at two stages. Before filing, the lawyer can test your documents against what you must prove, identify gaps and arrange legalisation, translation and a bailiff's record where needed. During the case, the lawyer handles the disclosure session, requests for the court to collect evidence or order assessments, and objections to the other side's material.
Seek advice early if your key evidence is electronic, sits abroad, is held by the defendant or a third party, or was gathered in a way you are unsure about. Each of these raises issues of admissibility or weight that are much easier to solve before the court sees the file.
Ask your lawyer for a short written evidence plan listing each fact you must prove, the evidence for it and the risk attached. It turns a pile of papers into a strategy, and it lets you see where settlement may be the wiser course. Review that plan again after the disclosure session, when you have seen the other side's file, because the weak points of a case often only become visible at that stage.
Frequently asked questions
Who has the burden of proof in a Vietnamese civil case?
The party making a claim must prove it, and the party opposing it must prove its objection. The court can ask for more evidence and help collect evidence a party cannot obtain alone, but it does not build either side's case. Unproven assertions generally fail.
Are WhatsApp or Zalo messages accepted as evidence?
Messages can be accepted as electronic data, but their weight depends on showing who sent them, that they reached the recipient and that they were not altered. Export full histories, keep the devices and link the accounts to real people. A bailiff's record of facts can strengthen them.
Do foreign documents need to be legalised?
As a general rule, yes, unless a treaty or reciprocity exempts documents from the issuing country. They also need a certified Vietnamese translation. Check the current position for the specific country early, because legalisation can take several weeks.
Can I submit new evidence at the hearing?
Only in limited circumstances. Evidence is expected during the preparation phase, and material produced after the disclosure session is accepted only with a valid reason for the delay or when it concerns matters that arose later. File everything you have as early as you can.
What is a bailiff's record of facts?
It is a record prepared by a bailiff who witnesses an event or situation directly, such as content on a website or the condition of goods, and describes what was observed and when. Courts often use such records as evidence, and they are harder to dispute than private screenshots.
Can the court force the other side to hand over documents?
You can ask the court to request specific evidence held by the other party, a third party or an agency if you cannot obtain it yourself. You need to explain what the document is, why it matters and what you have tried. The court decides whether to make the request.