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The Supreme People's Court of Vietnam: Benchbook Online

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3.2.2. The Court shall verify and collect evidence


Related legal documents
  • OPRAC (Articles 4, 5, 6)
  • OPRAC (Article 19)
  • OPRAC (Article 28)
  • Resolution No. 03/2003/NQ-HDTP dated 18 April 2003 of the SPCJC (hereinafter referred to as Resolution No. 03/2003) (Section 5)

  • Main tasks and practical skills:

    In principle, litigants are obliged to provide evidence and substantiate their petition. The Court shall only verify and collect evidence in certain cases (if such verification and collection ensures that the resolution of the administrative case shall be conducted in a comprehensive, accurate, impartial and lawful manner).
    In order to verify and collect evidence of an administrative case, the Judge should:

    • Determine, in a proper and sufficient manner, all the litigants of the case, other persons participating in the proceedings and facilitate them to conduct their own legal rights and obligations (Items 4, 5, 6 and 7 of Article 4, Article 5 and Article 6, and From Article 19 to Article 28 of the OPRAC; Section 5 of Resolution No. 03/2003).
    • Determine exactly whether subject matters of the complaint  falls into jurisdiction of the Court as provided in Article 11 of the OPRAC and other relevant legal documents;
    • Determine main issues which need to be resolved in the case in order to decide issues to be substantiated, verified or evidence collected and applicable legal documents.
    • Determine measures to be conducted for verifying and collecting evidence (Item 4 and Item 5 of Article 5, Item 2 of Article 38 of the OPRAC).