VIETNAM Law and Practice Contributed by: Stephen Le Hoang Chuong, Le & Tran
• identify the key issues in the case; • set a timetable for the discovery process; • schedule pre-trial conferences and hearings; and • address any other issues that may arise before the trial or hearing. Case management hearings are an important tool for the court to help ensure that complex trials and hearings are conducted efficiently and fairly. Here are some specific examples of cir- cumstances in which the court may hold a case management hearing: • the case involves many complex issues; • the parties have a history of difficulty commu- nicating with each other; • the parties have different expectations for the trial or hearing; or • the case is expected to be lengthy and expensive. 7.3 Jury Trials in Civil Cases There are no jury trials in Vietnam. However, at the first instance trial, there are People’s Asses- sors who are elected by the People’s Coun- cil upon the recommendation of the Vietnam Fatherland Front Central Committee of the same level, to participate in hearing the case. The trial panel in a first instance trial consists of two People’s Assessors and one judge. When voting on decisions regarding the settlement of civil lawsuits, the vote of the People’s Assessors has equal weight to that of the judge. 7.4 Rules That Govern Admission of Evidence In Vietnam, the admission of evidence at trial is governed by a set of rules and procedures designed to ensure fairness and the presentation of reliable evidence.
• Objectivity: Evidence is only admissible if it is factual. • Relevancy: Evidence is only admissible if it is relevant to the issues at trial. • Legality: Evidence is only admissible in the forms prescribed by the law, and only if duly submitted to the court, including: (a) readable, audible or visible material, and electronic data; (b) exhibits; (c) involved parties’ testimonies; (d) witness testimonies; (e) expert conclusions; (f) on-site appraisal minutes; (g) property evaluation and price appraisal results; (h) written records of legal facts or acts that are formulated by official functionaries; and (i) notarised/authenticated documents. Normally, only the litigants or their legal/author- ised representatives and lawyers can access the evidence in the court’s case files. Copying and photocopying documents must be approved by the court. 7.5 Expert Testimony The CPC does not provide specifically for expert testimony at the trial. However, the CPC recognises expert appraisals as evidence. At the request of one party, or at the discretion of the court, the court may appoint an appraiser. If a party contests the appraiser’s opinion or the court deems it necessary, the appraiser is required to testify in court. For example, if the expert testimony is incom- plete, unclear or violates the law, at the request of a litigant or when deemed necessary, the court will request the expert to explain the assessment
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