Author:

• Nguyen Huyen Anh – Lawyer
• Tran Pham Tuong Van – Paralegal

Against the backdrop of rapid developments in information technology, many transactions and information exchanges between individuals and businesses are currently conducted through electronic means such as email, text messages, or social media platforms. When disputes arise, these data are often used by the parties as evidence to support their claims.

Vietnamese civil procedure law has recognized electronic data as a legal source of evidence in the process of resolving civil cases. However, due to the unique characteristics of electronic data—such as being easily altered, copied, or difficult to attribute to a specific creator —the collection and evaluation of this type of evidence still pose various challenges in procedural practice.

Therefore, a clear understanding of the legal regulations related to electronic evidence in civil proceedings is of great significance for individuals and businesses when participating in legal relationships and when disputes arise.

1. The Concept of Electronic Evidence in Civil Proceedings

According to Article 93 of the 2015 Civil Procedure Code, evidence consists of factual matters submitted or presented to the Court by the parties, or collected by the Court in accordance with legal procedures, to serve as a basis for determining the objective facts of a case.

Clause 1, Article 94 of the 2015 Civil Procedure Code specifies the sources of evidence, which include electronic data.

Furthermore, under the 2023 Law on Electronic Transactions, electronic data is understood as data created, processed, or stored by electronic means. A data message refers to information created, sent, received, or stored by electronic means and can be used as evidence in accordance with the law.

From these provisions:

Electronic evidence refers to information and data created, sent, received, or stored by electronic means, that are provided to the Court by the parties or collected by the Court to prove facts relevant to a civil case.

In practice, electronic evidence can exist in various forms, such as:

• Email exchanges between parties;
• Phone text messages or messages on digital applications;
• Images, videos, or audio recordings;
• Data from computer systems or software;
• Information posted on online platforms or social networks.

2. Characteristics of electronic evidence

Compared with traditional forms of evidence, electronic evidence has several distinct characteristics:

• Electronic evidence exists in the form of digital data, which cannot be directly perceived by ordinary senses but requires electronic devices or software to display and retrieve information.
• Electronic data can be easily copied and duplicated while still retaining the same content. This facilitates more convenient information storage and transmission, but simultaneously gives rise to the risk of data alteration or forgery.
• Electronic evidence can be modified or deleted without leaving clear traces. Therefore, ensuring data integrity is a crucial factor when assessing the evidentiary value of this type of evidence.
• Electronic evidence is dependent on devices and technology. Without the appropriate equipment or software, electronic data may become inaccessible or its content may not be properly displayed.

These characteristics make the collection, preservation, and evaluation of electronic evidence in civil proceedings more complex than those applicable to traditional evidence.

3. Requirements for the Admissibility of Electronic Evidence in Civil Proceedings

According to the provisions of civil procedural law, to be accepted as evidence, electronic data must meet the following basic requirements:

a. Objectivity

Electronic evidence must accurately reflect the objective facts of the case and must not be altered or subject to unlawful interference.

The assessment of the objectivity of electronic data is usually based on:

• The method by which the data was created;
• The method of storing and transmitting the data;
• The ability to ensure the integrity of the data.

b. Legality

Electronic data must be collected in accordance with the order and procedures prescribed by law.

The collection of electronic data through acts of illegal intrusion into electronic devices or information systems of others may be deemed unlawful and therefore may not be accepted by the Court as evidence.

c. Relevance

Electronic evidence must be related to the facts of the case and have probative value in supporting the claims or arguments of the parties.

In addition, evidence within the same case also needs to be evaluated in relation to one another to clarify the nature of the legal events in dispute.

4. Some practical difficulties in the use of electronic evidence

Although the law has recognized electronic data as a source of evidence, the use of this type of evidence in litigation practice still faces various practical challenges.

• Firstly, it is difficult to identify the creator or actual user of the data. In the network environment, an electronic account can be created or used by many different people, making it complicated to determine the person responsible for the data content.
• Secondly, the collection and preservation of electronic data encounter many obstacles. Data can be deleted, altered, or lost during the use of electronic devices or due to technical factors.
• Thirdly, the assessment of the probative value of electronic data still largely depends on the assessment of the competent procedural authorities. In many cases, the Court does not accept electronic evidence because the origin of the data cannot be identified or the authenticity of the information cannot be proven.

In summary, electronic evidence plays an increasingly important role in the resolution of civil disputes, especially in the context where transactions and information exchanges increasingly take place in the digital environment.

Current Vietnamese law has recognized electronic data as a source of evidence in civil proceedings. However, due to the specific nature of electronic data, the collection, preservation, and evaluation of this type of evidence must strictly comply with requirements regarding objectivity, legality, and relevance.

In practice, individuals and businesses should avoid establishing important agreements solely through messages on social media platforms such as Zalo or Messenger and should instead have emails or official written confirmations. Simultaneously, it is necessary to proactively store and preserve electronic data related to transactions, ensuring that the collection and use of data comply with legal regulations to protect one’s legitimate rights and interests when disputes arise.

Time of writing: 12/03/2026

The article contains general information which is of reference value, in case you want to receive legal opinions on issues you need clarification on, please get in touch with our Lawyer  at  info@cdlaf.vn

You can refer for more information:

• Applying the force majeure clause to exempt liability under the contract
• Conditions for Granting a License for Establishment of a Representative Office of Foreign Traders in Vietnam
• Closure of a Representative Office of a Foreign Trader in Vietnam
• New regulations on foreign e-commerce platforms operating in Vietnam
• E-commerce Law 2025: Mandatory Obligations for Platform Management Entities from July 2026
• 05 new points of the Law on investment 2025 effective from March 01, 2026