Decree 08/2020/ND-CP: New Guidance on the Procedure for Creating a Record of Evidentiary Matters

According to the regulations, Vi Bang (Record of Facts) is considered evidence for courts to review when resolving civil and administrative cases in accordance with the law; it serves as a basis for transactions between agencies, organizations, and individuals in accordance with the law.

The procedures for making a vi bang are strictly regulated in Article 39 of Decree 08/2020/ND-CP. The Enforcer must directly witness, create the vi bang, and bear responsibility to the requester and the law for the vi bang they create. Recording events and actions in the vi bang must be objective and truthful. If necessary, the Enforcer has the right to invite witnesses to witness the creation of the vi bang.

The specific content regulations are as follows:

- The requester for the creation of the vi bang must provide full and accurate information and documents related to the creation of the vi bang (if any) and is responsible for the accuracy and legality of the information and documents provided. When creating the vi bang, the Enforcer must clearly explain to the requester the legal value of the vi bang. The requester must sign or fingerprint the vi bang.

- The vi bang must be signed by the Enforcer on each page, stamped by the Enforcer's Office, and recorded in the vi bang logbook according to a template prescribed by the Minister of Justice.

- The vi bang must be sent to the requester and archived at the Enforcer's Office in accordance with legal archiving regulations similar to notarized documents.

- Within 03 working days from the date of completion of the vi bang, the Enforcer's Office must send the vi bang and supporting documents (if any) to the Department of Justice where the Enforcer's Office is headquartered to be entered into the registration logbook. Within 02 working days from the date of receiving the vi bang, the Department of Justice must enter it into the registration logbook.

The Department of Justice builds a vi bang database; implements registration and management of the vi bang database as guided by the Ministry of Justice.

More details can be found in Decree 08/2020/ND-CP, effective from February 24, 2020.

Thu Ba

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