Currently, my family does business for an acquaintance who specializes in stationery to buy and resell. But up to now, this acquaintance owes my family a lot of money, so I asked him to repay the debt. Until now, I still have not seen him pay, through many phone calls back and forth, I have recorded the conversation. So about the matter “Is audio recording considered evidence in a civil case in Vietnam?” Let’s find out with LSX in the article below.
Legal grounds
- Civil Procedure Code 2015
- Amended Law on Judicial Assessment 2020
What is evidence in civil proceedings?
Researching and evaluating evidences according to the provisions of Articles 93 and 108 of the Civil Procedure Code (CPC) must ensure objectivity, comprehensiveness, completeness, accuracy, and the relationship between evidences and evidences. The ability to qualify the legality, relevance, and probative value of each evidence is very important. Because, all civil procedure activities must come to a conclusion about the probative value of evidence, on that basis, it is possible to conclude about the case or civil case.
According to the Vietnamese Dictionary, of the Social Science Publishing House, published in 1988, evidence is “a concrete thing (such as words or deeds, witnesses, documents, …) that shows that something is true. real”.
Thus, it can be understood that evidence (in the most general sense) is what is real, reflects the objective truth about a case and is collected in a certain order prescribed by law.
Evidence in criminal, administrative or civil procedure law all have commonalities and are both deeply theoretical and highly practical. It is an important basis for determining the objective truth of the case.
How to identify evidence when audio tapes are evidence in civil security cases
Pursuant to Article 95 of the Civil Procedure Code, the identification of evidence sources is prescribed as follows:
• A readable document is considered evidence if it is an original or a legally notarized or authenticated copy or is provided and certified by a competent agency or organization.
• Audio and visual documents are considered evidence if presented with a written statement by the holder of the document about the origin of the document if they have recorded it themselves, video or written certification of the document. the person who provided the presenter with the origin of the document or a written statement of the facts related to the recording or video recording.
• Electronic data messages are expressed in the form of electronic data exchange, electronic documents, electronic mail, telegram, telegraph, fax and other similar forms as prescribed by law on electronic transactions.
• Exhibits being evidence must be original artifacts related to the case.
• Testimonies of involved parties, testimonies of witnesses shall be considered as evidences if they are recorded in writing, audio tapes, audio discs, video tapes, video discs, and other equipment containing sound and images. prescribed or testified orally at the court hearing.
• Assessment conclusions are considered evidences if such expertise is conducted in accordance with the procedures prescribed by law.
• A record of on-site appraisal results is considered evidence if the appraisal is conducted in accordance with the procedures prescribed by law.
• Property valuation results, asset price appraisal results are considered as evidence if the valuation and valuation are carried out in accordance with the procedures prescribed by law.
• A document recording legal events or acts made on the spot by a competent person is considered evidence if the making of a document recording legal events or acts is carried out in accordance with the procedures prescribed by law. determined.
• Notarized or authenticated documents are considered evidences if the notarization or authentication is carried out strictly according to the procedures prescribed by law.
• Other sources prescribed by law shall be identified as evidence according to the conditions and procedures prescribed by law.
Understanding the provisions of evidence not only has legal significance but also makes an important contribution to the case settlement process.
Is my audio recording considered evidence in a civil case in Vietnam?
According to the provisions of Article 93 of the 2015 Civil Procedure Code: “Evidence in a civil case is the real thing handed over and presented to the Court by the involved parties and other agencies, organizations and individuals. during the proceedings or collected by the Court according to the order and procedures prescribed by this Code and used by the Court as a basis for determining the objective facts of the case as well as determining the requirements of the case. or the litigant’s objection is well-founded and lawful”.
Article 94 of the 2015 Civil Procedure Code provides for sources of evidence collected from the following sources:
• Readable, audible, visual documents, electronic data;
• Evidence;
• The litigant’s testimony;
• Testimony of witnesses;
• Assessment conclusions;
• Minutes of on-site appraisal results;
• Property valuation results, asset valuation;
• A document recording legal events and acts made by a competent person;
• Notarized and authenticated documents;
• Other sources as required by law.
Comparing this provision, it can be seen that the audio tape is an audible material and is considered as a source of evidence. However, according to the provisions of Article 95 of the Civil Procedure Code 2015 on identification of evidences, “Aural and visual documents shall be considered as evidences if they are presented together with a written presentation of the person having such documents. of the origin of the document if they have recorded it themselves, or have recorded it, or a written statement from the person who provided it to the presenter as to the origin of the document, or a written record of the facts relating to the recording, take that picture”.
Thus, the audio recording of the exchange between the questioner and the business partner is only considered evidence when this person is accompanied by a written certification of the origin of the audio recording or a document about the incident related to the transaction. regarding recording. For example: Minutes of working on specific content which are also recorded on audio tapes with full signatures of both parties; written confirmation that the questioner and the business partner met at the time of recording; The questioner and the partner have a working schedule together…; It is also important that the interviewer’s partner acknowledges that the voice in the recording is theirs or that the examiner concludes that the voice in the recording belongs to the partner.
From the above analysis, it can be seen that, in order to be accepted by the Court as evidence of the case, such audio tape must meet the above conditions, if not meet these conditions. , the audio tape recorded by the questioner is only considered as a document related to the case, has reference value but has no probative value in determining the objective truth of the case.
Procedures for conducting voice assessment in audio tapes according to the Civil Procedure Code
According to the Civil Procedure Code 2015, the involved parties have the right to request the Court to solicit expertise or request expertise by themselves after requesting the Court to solicit expertise but the Court refuses the request of the expert. For involved parties, expertise procedures shall be carried out in accordance with the law on judicial expertise, specifically as follows:
When requesting expertise, the person must send a written request for expertise together with the object of expertise, relevant documents and objects (if any). In addition, the following documents must be included: copies of papers proving that they are involved parties in the civil case, their lawful representatives to individuals or organizations performing the assessment.
Accordingly, a written request for judicial expertise must contain the following contents:
• Name of organization or full name of person requesting assessment.
• Content of request for assessment.
• Name and characteristics of the subject to be assessed.
• Name of relevant document or attached comparative form (if any).
• Date, month, year of request for assessment and time limit for returning assessment conclusions.
• Signature, full name, name of person requesting expertise.
Legal basis, Clause 1, Article 26 of Law on Judicial Assessment 2012 (amended and supplemented 2020)
Services of LSX
Prestigious professional services: Firstly, the team of consultants and consultants for many years in the field of civil status, and customer support.
On-time: Certainly, with the motto “Get your lawyer right at your fingertips”, we ensure the service always performs on time. The rights and interests of customers always come first.
Cost: Besides, LSX’s service costs are highly competitive; depending on the nature of the particular case. So, we want our guests to have the best possible service experience. Therefore, costs which guaranteed to be the most suitable and economical for customers.
Confidentiality of client information: Finally, all brand information of client LSX will be 100% confidential.
Please contact us immediately if you have any questions about “Is audio recording considered evidence in a civil case in Vietnam?”
Contact LSX
Finally, hope this article is useful for you to answer the question about “Is audio recording considered evidence in a civil case in Vietnam?” If you need any further information, please contact LSX Law firm: at +84846175333 or Email: [email protected]
Please see more
- Training and retraining of civil servants in Vietnam
- Instructions on procedures for registration of energy labeling in Vietnam
- Civil servants at central, provincial and district levels in Vietnam
Frequently asked questions
Pursuant to Article 255 and Clause 2, Article 254 of the 2015 Civil Procedure Code as follows:
Listen to audio tapes, recording discs, watch video tapes, video discs, and other equipment containing sound and images
At the request of the involved parties, defense counsels of legitimate rights and interests of involved parties, other procedure participants, procurators, or when deeming it necessary, the Trial Panels shall listen to audio tapes or discs. , view video tapes, video discs and other equipment containing audio and images at court sessions, except for the case specified in Clause 2, Article 254 of this Code.
Publication of documents and evidences of the case
…
In special cases, it is necessary to keep state secrets, preserve the nation’s fine customs and traditions, keep professional secrets, business secrets, personal secrets, family secrets, protect minors at their request. At the request of the involved parties, the Trial Panel shall not disclose documents and evidences contained in the case file.
Thus, based on the actual situation, if it deems it necessary, the Trial Panel may listen to audio or video tapes, except for the case in Clause 2, Article 254 above.
During the course of the Court’s settlement of a civil case, the involved parties have the right and obligation to hand over documents and evidences to the Court. In case the handed over documents and evidences do not have enough grounds to settle the case, the judge shall request the involved parties to hand over additional documents and evidences.
If the involved party fails to hand over or fails to hand over the documents and evidences requested by the Court without a plausible reason, the Court shall base itself on the documents and evidences that the involved parties have handed over and the Court has approved the decision. collected according to the provisions of Article 97 of this Code to settle civil cases.
The handover of documents and evidences by involved parties to the Court must be recorded in writing. The minutes must clearly state the names, forms, contents and characteristics of documents and evidences; number of copies, number of pages of evidence and time of receipt; signature or fingerprint of the deliverer, signature of the receiver and seal of the Court. The minutes must be made in two copies, one is kept in the civil case file and the other is handed over to the involved parties to submit evidence.
At present, there are no allowed or prohibited regulations when recording or videotaping the court session for the litigants or other participants in the trial. However, based on Clause 6, Article 234 above:
Do not wear hats, hats, or colored glasses in the courtroom, unless there is a legitimate reason and consent of the presiding judge; do not use cell phones, do not smoke, do not eat or drink in the courtroom, or engage in other conduct that affects the sanctity of the trial.
Therefore, when participating in the trial, the use of cell phones is not allowed. In case of using other audio or video recording tools, the presiding judge will consider whether it affects the sanctity of the trial or not. without permitting or disallowing the recording or recording.
And if the content of the court session has been recorded or videotaped, it must also comply with the provisions on the rights of individuals to images. respective responsibility.
Conclusion: So the above is Is audio recording considered evidence in a civil case in Vietnam?. Hopefully with this article can help you in life, please always follow and read our good articles on the website: lsxlawfirm.com
