Electronic data messages are considered the identification of evidences

0
461

In accordance with the Law on Administrative Procedures No. 93/2015/QH13 passed by the National Assembly on November 25, 2015, beside original exhibits, Notarized or authenticated documents, testimonies of involved parties or witnesses…From July 01, 2016, electronic data messages expressed in the form of exchange of e-data, e-documents, emails, telegrams, facsimiles and other similar forms prescribed by the law on e-transactions or documents certifying legal events or acts made on the spot by responsible persons shall be regarded as evidences if they have been made according to procedures are considered the identification of evidences.

Involved parties may collect evidences by themselves by collecting readable, audible or visible materials, or electronic data messages; collecting exhibits; identifying witnesses and taking certifications by witnesses; requesting agencies, organizations or individuals to permit copying of or provide documents related to the settlement of the case which are currently kept or managed by the latter; requesting commune-level People’s Committees to authenticate signatures of witnesses; requesting the court to collect documents and evidences if they are unable to do so; requesting the court to issue decisions to solicit expert examination or valuation of assets; requesting agencies, organizations or individuals to perform other jobs Besides, Agencies, organizations or individuals may institute lawsuits over administrative decisions or acts or disciplinary decisions on dismissal in case they disagree with these decisions or acts or they have filed complaints with persons competent to settle complaints but their complaints remain unsettled upon the expiration of the law-prescribed time limit for complaint settlement or they disagree with the settlement of their complaints about these decisions or acts. Individuals and organizations may institute lawsuits over decisions on settlement of complaints about decisions on handling of competition cases in case they disagree with these decisions. Within 10 days after receiving a notice of legal cost advance payment, the plaintiff shall pay the legal cost advance and produce the legal cost advance receipt to the court.

This Law takes effect on July 01, 2016 excepts the provisions relevant to the provisions of Civil Code No. 91/2015/QH13 such as provisions concerning persons having difficulty in cognizing and controlling their acts; concerning legal persons being representatives or guardians; concerning households, cooperative groups or organizations without the legal person status shall take effect on January 1, 2017.