Improving Vietnam’s Electronic Evidence Law in the Industry 4.0 Era

Abstract

This paper reviews the current legal framework for electronic evidence in civil litigation in Vietnam and assesses whether such changes are sufficient to meet the demand of the Industry 4.0 era. The paper finds that despite major changes in Vietnam’s civil litigation and the increased adoption of electronic evidence, the current legal framework has not been able to keep up with the new context, even with the new Law on Electronic Transactions 2023. As a result, Vietnamese courts and litigants encounter numerous challenges in dealing with this new form of evidence. This paper identifies these challenges through analysis of the legislation and court decisions and makes recommendations for Vietnam based on China’s experience.