Insufficient evidence in a dispute is a legally precarious situation where the documents and evidence submitted by the litigants fail to convince the Court of the legitimacy of their claims. Under Vietnamese law, the burden of proof lies with the claimant. The lack of evidence does not lose the right to file a lawsuit or cause the case to be dismissed; however, it may result in the claim being rejected. Accordingly, parties are entitled to request the Court’s assistance in collecting evidence, seeking additional expert assessments, and submitting supplementary evidence during the litigation process.

I. Current situation regarding insufficient evidence in disputes

In particular, individuals and enterprises take disadvantages in failing to recognize the importance of collecting and preserving evidence. Civil transactions, especially loans among friends or relatives, are often based merely on verbal agreements and trust, lacking legally valid documents. Business contracts are sometimes drafted carelessly, omitting main provisions, which makes it difficult to establish the parties’ rights and obligations when a dispute arises. 

The issue of insufficient evidence in disputes does not only refer to a complete absence of documents, it also includes cases where the evidence is weak, unclear, contradictory, or legally invalid. For instance, an audio recording with unidentified speakers, an unauthenticated message, or a photocopied contract without the original counterpart. The direct consequence of such insufficiency is that the claimant’s request is likely to be rejected by the Court, even if they are substantively in the right. This not only causes financial loss but also damages reputation and trust in the justice system.

II. Legal provisions regarding insufficient evidence in disputes

Vietnamese civil procedure law provides clear rules on the role of evidence and the responsibilities of the parties involved.

1. What is insufficient evidence in a dispute?

Insufficient evidence in a dispute refers to a situation where the documents, physical exhibits, testimonies, and other sources of evidence submitted by one party, after being examined by the Court objectively, comprehensively, and thoroughly, still fail to provide a sufficient basis to conclude that the claim or defense of that party is legitimate and lawful.

This insufficiency may stem from several aspects:

  • Quantitative insufficiency: Lack of necessary documents to prove a sequence of facts;
  • Qualitative insufficiency: Weak, unverified, irrelevant, or contradictory evidence;
  • Legal insufficiency: Evidence collected unlawfully or in violation of procedural requirements.

Essentially, any insufficiency in these aspects renders a party’s claim legally unsubstantiated and unrecognized.

2. What does the law say about the burden of proof when evidence is insufficient?

The burden of proof regarding insufficient evidence in disputes is governed by Article 91 of the Civil Procedure Code 2015, which provides:

  • The litigant requesting the Court to protect their lawful rights and interests must collect, submit, and provide the Court with documents and evidence proving that their request is well-founded and lawful.
  • The litigant objecting to another party’s request must prove the grounds for such objection by submitting relevant evidence.

Such principle can be simply expressed as “The litigant is entitled to bring proof”. If you file a lawsuit to claim repayment, you must provide proof of the loan. Even if you are sued and claim that you have already repaid, you must prove the repayment. When a party fails to fulfill or only partially fulfills its burden of proof, the Court will adjudicate the case based on the available evidence submitted by the parties and collected by the Court. Consequently, insufficient evidence may lead to your claim being dismissed.

III. Clarifications on common questions about insufficient evidence in disputes

1. Is insufficient evidence a ground for suspension of dispute resolution under the law?

It is a common misconception. Case suspension occurs when the Court terminates proceedings for procedural reasons, as stipulated in Article 217 of the Civil Procedure Code 2015.

However, insufficient evidence is the substance of the dispute, not procedural issues. The Court will still proceed with adjudication. Accordingly, the Court will dismiss the plaintiff's lawsuit due to insufficient basis. 

2. Can a party request additional examination if evidence is insufficient?

Professional examination is an important legal tool to clarify objective facts. When an initial opinion is unclear, incomplete, or new matters arise, the litigant may request the Court to order a supplementary examination under Clause 4, Article 102 of the Civil Procedure Code 2015. 

3. Does insufficient evidence result in the loss of the right to file a lawsuit?

Under Clause 1, Article 4 of the Civil Procedure Code 2015, the right to file a lawsuit is a fundamental right of citizens and organizations protected by law. Insufficient evidence in a specific case only affects such a case; it does not lose the right to litigate. However, once a case has been conclusively adjudicated by a legally effective judgment or decision, you cannot refile the same lawsuit except in certain exceptional circumstances.

4. Can a litigant request an authority or organization to provide documents when evidence is insufficient?

It is an important right provided by law. If essential evidence for the case is held by another organization, agency, or individual and cannot be collected independently, the litigant may request the Court to issue an order compelling the third party to provide such documents. Such a procedure is provided in Article 97 of the Civil Procedure Code 2015. 

In many instances, collecting objective evidence such as bank statements, medical records, or business correspondence is challenging. In such cases, preparing a bailiff’s record to document messages, emails, or social media posts before requesting the Court’s assistance is a strategic step. A bailiff’s record constitutes a valid source of evidence, preserving main information before it can be altered or deleted.

5. At what stage does the law allow supplementary evidence submission when evidence is insufficient?

The procedural law allows parties to submit or supplement evidence throughout the proceedings at both the first-instance and appellate stages. Under Clause 4, Article 96 of the Civil Procedure Code 2015, litigants must submit evidence within the time limit set by the judge during case preparation. If submitted late without valid justification, the Court may reject it. 

Under Clause 3, Article 287 of the same Code, parties may also submit new evidence at the appellate stage to clarify the facts of the case. To best protect their rights, litigants should actively collect and submit all evidence to the Court within the prescribed period or as early as possible.

IV. Legal consultation services on insufficient evidence in disputes

Facing a dispute with insufficient evidence is a complex legal challenge requiring deep expertise and practical experience. Self-handling may lead to critical mistakes, jeopardizing legitimate interests.

At NPLaw, we understand that every piece of evidence, no matter how small, can change the outcome of a case. With a team of seasoned lawyers and legal experts, we offer comprehensive legal services to help you navigate this challenge effectively:

  • Comprehensive case assessment to identify strengths and weaknesses of the evidence;
  • Strategic and lawful evidence collection and consolidation;
  • Assistance in requesting the Court to collect evidence from third parties;
  • Legal advice on utilizing effective tools such as expert assessment requests or bailiff’s records to establish solid evidence sources;
  • Representation and defense of your lawful rights and interests in court proceedings.

Do not let insufficient evidence hinder your pursuit of justice. Contact NPLaw today for professional and effective legal consultation and support.