Main tasks and practical skills:
- The Judge should conduct a number of necessary measures to collect evidence, if the Judge finds the documents and evidence provided by the litigants insufficient for resolving the lawsuit (Article 85 of the CPC).
- Only upon the request by the litigant (this request can be in a separate written document, testimonies, minutes of testimony, or minutes of confrontations and if the litigant comes to the Court and lodge a direct request, the Court must take the minutes of the request), the Judge should conduct one or several of the following measures for collecting evidence:
- Record the testimony of the litigant if they cannot write their testimony; and take the witnesses’ testimony (if the Judge finds it necessary, for ensuring the comprehensiveness, accuracy, impartiality and legality of the resolution), and conduct the confrontations between the litigants and other parties (if the Judge finds any inconsistency in the testimonies) (Article 86 and Article 88 of the CPC);
- The procedure for taking testimony must be conducted in acordance with Articles 86, 87 and 88 of the CPC;
+ The testimonies of the litigants must be taken by the Judge ; the Court Clerk shall record such testimonies in the minutes. The Judge should take testimonies of the litigants at the office of the Court. Where the litigants cannot come to the office of the Court due to proper and objective reasons (being under detention, serving an imprisonment sentence, suffering from a sickness or disease, etc.), the Judge may take testimony of the litigants outside the office of the Court;
+ Where the litigant does not have capacity to conduct civil proceedings, or is of the age of full 6 to less than 15, the protection of their legal rights and obligations at the Court shall be conducted by their legal representative and their legal representative must be present at the taking of testimonies and sign the minutes of testimony with their signature or fingerprint;
- Collect evidence managed and kept by individuals, bodies or organizations in the case where the litigants have applied necessary measures to collect evidence but has been unsuccessful. The Judge may request, in writing or directly, such individuals, bodies or organizations to provide evidence and documents;
- The Judge should issue a decision on expert opinions with respect to examination, on additional examination, on re-examination if there is an agreement reached by the litigants, or upon request by one of the parties, or the evidence is denounced as false. The Judge should explain to the litigants the obligation to pay corresponding fees (for examination, advance payment of fee for price valuation, etc.) The Judge shall collect evidence only when the litigants have paid the corresponding fees, if they are obliged to pay advance fees;
+ The Judge should follow Article 90 of the CPC, Ordinance on judicial examination, Decree No. 67/2005/ND-CP dated 19 May 2005 of the Government providing detailed guidelines for implementation of a number of articles of the Ordinance on judicial examination, to issue a decision on calling expert opinions with respect to examination;
+ Pursuant to Article 92 of the CPC, the Judge should issue a decision to evaluate disputed property upon request by one of the litigants, or there is any ground showing that the litigants have agreed to reduce the actual price of the property in order to evade taxes or to reduce the court fees;
+ The Judge should determine the type of property, which professional bodies the property relates to, how many members should compose the Valuation Council should be composed of, and which representative of which bodies should be appointed as the chairman and members of the council. The Judge shall send official letters requesting the professional bodies to send their officials to be the chairman and members of the council. The official letter should specify requirements for the Chairmanship and membership of the council and identify the deadline for the official letters in response.
+ After receiving the official letter in response to the issue, the Judge should check whether the appointed persons meet the requirements, whether any of them is a relative of the litigants in the case. The Judge should request the professional bodies to appoint another in replacement, if any;
+ The valuation decision must have the following main contents: date of issuance of the decision and name of the Court issuing it; property under valuation; full names and working offices of the Chairman and members of the Evaluation Council; duties of the Council; time and place of conducting the valuation;
+ The Judge needs to assign a Court Clerk to assist the Council in taking the minutes of the valuation;
+ Where there is anyone trying to obstruct the valuation, the Judge should request the representative of the People’s Committee or another body or organization to take immediate necessary measures. If necessary, the Judge shall request the involvement of the police and judicial assistance under the Public Security Force, as provided in Circular No. 15/2003/TT-BCA(V19) dated 10 September 2003 of the Ministry of Public Security “Providing guidelines for judicial assistance activities of the judicial assistance and guardian police under the Ministry of Public Security”.
- The Judge shall conduct the consideration and examination on the site if necessary. The on-site consideration and examination must be recorded in the minutes, as provided in Article 89 of the CPC;
+ When the litigant requests an on-site consideration and examination on a grounded basis, the Judge shall issue a decision on such consideration and examination;
+ The decision must specify the date of issuance and name of the Court issuing it; objects and issues for on-site consideration and examination; time and place of on-site consideration and examination;
+ The decision must be sent to the People’s Committee of the commune level or the body or organization where the object of consideration and examination is located, along with a written request for an appointment of representatives by such committee, body or organization. The Court should contact them to have them present on the date specified in the decision. If any of the representatives are absent, the Judge must adjourn the on-site consideration or examination;
+ The decision must be delivered or sent to the litigants for their information and to enable them to be present at the consideration and examination. If any litigant is absent, the consideration and examination shall still be conducted in accordance with general procedures.
- The delegation of power to adduce evidence must be in accordance with Article 93 of the CPC
+ Where the litigant or witness is far away or sick, or the disputed property is located in another district or province, the Court accepting the case may delegate to the district Court where the litigant or witness is living or where the property is located, authority to take their testimonies or consider the property;
+ The decision on delegation must summarize the case, and specify which questions should be asked of the litigants or witnesses or which matters should be addressed during an on-site consideration of the property in dispute;
+ The Court delegated to adduce evidence shall have the right to require necessary questions on the basis of testimonies by the litigants and witnesses.
- The Judge shall conduct only one of the following measures to collect evidence:
- The Judge shall take a statement of evidence of a witness if necessary (Item 1 of Article 87 of the CPC);
- The Judge shall conduct cross-examination where the testimonies of the litigants are considered as inconsistent (Item 1 of Article 88 of the CPC);
- The Court shall value the property where the parties agree on a low price for the purpose of tax evasion or reduction of the court fees payable (Point b of Item 1 of Article 92 of the CPC).
- When the litigants provide or supplement evidence of the case which they request the Court to resolve, the Judge must take the minutes of the delivery and receipt of evidence, as provided in Item 2 of Article 84 of the CPC.
- When the Judge requests the litigants to provide additional evidence, the Judge should specify which additional evidence needs to be provided.
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