Resolution No. 04/2012/NQ-HDTP of December 3, 2012, guiding the implementation of provisions of the Civil Procedure Code regarding proving and evidence, which were amended and supplemented under the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code

 THE JUDGES’ COUNCIL OF THE SUPREME PEOPLE’S COURT

Resolution No. 04/2012/NQ-HDTP of December 3, 2012, guiding the implementation of provisions of the Civil Procedure Code regarding proving and evidence, which were amended and supplemented under the Law Amending and Supplementing a Number of Articles of the Civil Procedure Code

THE JUDGES’ COUNCIL OF THE SUPREME PEOPLE’S COURT

Pursuant to the Law on Organization of People s Courts;

In order to ensure proper and consistent implementation of provisions of the Civil Procedure Code regarding proving and evidence, which were amended and supplemented under the March 29, 2011 Law Amending and Supplementing a Number of Articles of the Civil Procedure Code (below referred to as the Code);

After reaching agreement with the Chairperson of the Supreme People’s Procuracy and the Minister of Justice,

RESOLVES:

Article 1. Scope of regulation

This Resolution guides the implementation of provisions of the Civil Procedure Code regarding proving and evidence in order to ensure proper and consistent implementation of the Code during the settlement of civil cases and matters in court.

Article 2. Supply of evidence

1. According to Clause 1, Article 6 of the Code, on general principle, the supply of evidence and proving of the grounds and lawfulness of one’s request are both the right and obligation of involved parties or individuals, agencies and organizations that file lawsuits or make requests for the protection of the rights and legitimate interests of other person. However, according to Article 79 of the Code, when requesting protection by court of one’s rights and legitimate interests, or opposing others’ claims, or requesting protection of public interests, state interests or the rights and legitimate interests of other persons, the involved party or individual, agency or organization that files the lawsuit or makes the request is obliged to produce evidence to prove the grounds and lawfulness of his/her/ its request.

2. The supply of evidence and proving of the grounds and lawfulness of one’s request guided in Clause 1 of this Article may be carried out during the settlement of civil cases or matters by courts.

3. While settling a civil case or matter, the court shall explain to involved parties that as they are obliged to produce evidence for proving, if they fail to produce evidence or produce insufficient evidence, the court will settle the case or matter according to general procedures. The court shall base itself on the collected documents and evidence available in the dossier of the civil case or matter. If the civil case or matter is tried or settled at a court hearing or a meeting, the court shall make decisions based only on the documents and evidence that have been examined and studied at the court hearing or the meeting, the result of questioning at the court hearing or the meeting, and all opinions of participants in the proceedings and the procurator. Involved parties shall bear consequences of their failure to produce, evidence or supply insufficient evidence.

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