The Burden of Proof in Vietnamese Civil Procedure

Abstract

Currently, Vietnam is undergoing a process of judicial reform and refinement, in which civil procedural law plays an increasingly crucial role. In the Vietnamese civil procedural system, the burden of proof borne by legal subjects serves as a core instrument determining the legitimacy of claims and the final outcome of case resolution in court. Proving is a primary procedural obligation that most litigants must fulfill to protect their legitimate rights and interests. Nevertheless, the implementation of the burden of proof in judicial practice continues to face complex challenges and various limitations. Many litigants, as well as law enforcement officials in certain regions, have not yet fully grasped the importance, function, and characteristics of the burden of proof, potentially leading to inaccurate court rulings. This article comprehensively examines the concept, essence, and implementation of the burden of proof in Vietnamese civil procedural law using a combination of legal analysis, comparative law, legal efficiency evaluation, and sociological investigation methods. Based on this analysis, the study formulates several strategic solutions, including enhancing legal education and dissemination through interactive competitions and the utilization of social media networks (such as Facebook, Zalo, and YouTube) in the era of Industry 4.0. Additionally, the article recommends perfecting the civil procedural regulatory framework to improve the effectiveness of proof execution and ensure judicial fairness in Vietnam.