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The Supreme People's Court of Vietnam: Benchbook Online

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2.3.2. Burden of proof of litigants in cases requesting compensation for damage


Related legal documents
  • CPC (From Article 79 )
  • CPC (From Article 98)
  • Resolution No. 01/2004/NQ-HDTP dated 28 April 2004 (Section 5 of Part I) (hereinafter referred to as Resolution No. 01/2004)

  • Main tasks and practical skills:

    • The person suffering damage and requesting compensation must specify the actual damage and required compensation level and attach vouchers or legitimate receipts for reasonable expenses.
    • Reasonable expenses (Section 4 of Part I of Resolution No. 01/2004) are actual expenses necessary having regard to the nature and degree of the damage and appropriate in comparison with average price at each locality at the time of the expenses were paid.
    • Burden of proof with respect to short-term and long-term economic capacity shall be on the person who causes the damage and requires reduction in compensation level.
    • It is not mandatory for the person requesting compensation to provide a conclusion of expert examination as evidence if they have other evidence to substantiate the claim.