Evidence In Labor Cases

July 7, 2022
In general, a party who files a labor claim is obligated to submit evidence: the plaintiff to prove its claim(s) and the defendant to prove its counter claim(s). When litigating in this area, parties should be aware of that there are a number of evidentiary rules which are particular to labor disputes. The following is a discussion of various notable decisions in labor litigation concerning the collection and submission of evidence, which have an effect on the admissibility of evidence in a court of law. Documentation that is not the original or certified true copies In a labor dispute involving employment termination decided by the People’s Court of Ho Chi Minh City, the employee (plaintiff) submitted to the Court a photocopy of the internal working regulations of the company without it being either certified as a true copy or examined by the judicial officers in comparison with the originals. The first-instance court accepted the plaintiff’s claims based on this photocopy, but the People’s Court of Ho Chi Minh City subsequently rejected the employee’s claim at the appellate stage and, additionally based on other procedural violations of the first-instance court, abrogated the first-instance judgment. In detail, Judgment No.522/2019/LD-PT dated June 05, 2019, the People’s Court of Ho Chi Minh City stated that: “The evidence was not collected in compliance with Article 95 of the Code of Civil Procedure: Documents such as […] and the Internal Working Regulations are photocopies without being either certified as true copies or examined by judicial officers basing on comparison with the originals. So these documents are not recognized as valid evidence. It is a violation of the law...

Cybersecurity Law and the Practice of Preventing Cyber Fraud in Vietnam

July 7, 2022
Concurrently with the rest of the World, online transactions over the internet have become commonplace in Vietnam and continue to expand its reach to all aspects of business. The banking and retail sectors are just two of the major industries that currently rely, at least in part, on remote transactions. This evolution also has a dark side with the development of cybercrime where a victim is fraudulently induced to provide personal or private information that the cybercriminal utilizes to appropriate assets. In this Insight, Le & Tran explores the recent developments and progression of cybersecurity law and data retention in Vietnam. Further, the regulations are applied to the real world and useful advice is provided to assist you in following the law and protecting the information of your business and your clients/customers. Existing cyber fraud situation in Vietnam Along with the development of communication networks and information technology (IT) applications, fraud conducted through the internet has grown substantially, both in quantity and sophistication. Although the authorities and media have repeatedly warned people about these fraudulent actions, the continuous evolution of methods and modus operandi of cybercriminals, combined with intimate knowledge of their victims’ hopes and desires, enables them to scam large sums of money nationwide. Cyber fraud in the past mainly consisted of scams that would target those connecting online, persons establishing friendships, or would request money transfers from victims in order to receive gifts at customs. In addition, it was common to hack social media accounts or impersonate relatives or acquaintances to ask for money or mobile scratch cards. The fraud that exists nowadays has become much more...