“In this article, let’s learn more about the legal provisions on the time limits for submitting documents and evidence as well as the legal consequences of late submission with PL & Partners.”
In civil proceedings, to make our own claims, we are eligible to provide documents and evidence to prove that our claims are legitimate and lawful. Similarly, we can also provide documents and evidence to oppose the request of others against us.
However, depending on each specific case, the law has regulations on the time limit for handing over documents and evidence. If submitted late, these documents and evidence are certainly at risk of being rejected which leads to cases where litigants’ legitimate rights are not being guaranteed.
So what is the time limit for submission of documents and evidence prescribed by law? What are the legal consequences of late submission?
Let’s learn about this topic through the following article with PL & Partners Law Firm.
1. LEGAL PROVISIONS ON TIME LIMITS FOR SUBMITTING DOCUMENTS AND EVIDENCE.
1.1. For first instance trial.
Article 96 of the Civil Procedure Code 2015 stipulates that the time limit for handing over documents and evidence is set by the judge but must not exceed the time limit for trial preparation.
If litigants provide, submit documents and evidence as requested by the Court after the Decision to bring the case to trial under first-instance procedures is issued, the litigant shall prove their legitimate reasons for the late submission.
For documents and evidence that the Court has not requested the litigant to hand over, or documents and evidence that the litigant is unable to know about during the settlement of the case under first-instance procedures, the litigant has the right to present them at the first instance trial, or the subsequent procedural stages of the settlement of the civil case.
1.2. For appellate trial.
Article 287 of the Civil Procedure Code 2015 stipulates that: During the preparation phase for the appellate trial, the litigant is entitled to supplement the following documents and evidence: (a) Documents and evidence that the first instance court has requested but the litigant cannot provide, submit because of legitimate reasons; (b) Documents and evidence that the first instance court did not require the litigant to hand over or could not be known by the litigant during the settlement of the case under first instance procedures.
1.3. For cassation and reopening procedures.
Pursuant to Articles 330 and 357 of the Civil Procedure Code 2015: The litigant has the right to provide documents and evidence to the competent person who can protest under cassation or reopening procedures if the first instance and appellate court has not requested the litigant to hand over such documents and evidence or has requested the handover but the litigant fails to submit them because of legitimate reasons or documents and evidence that the litigant is unable to know about during the resolution of the case.
From the above provisions, litigants may provide and hand over documents and evidence to the Court within the time limit for first instance trial’s preparation. Later handover at this stage or at subsequent stages of proceedings is only accepted when the above conditions are met.
The law has not specified any basis to determine that the litigant was “unable to know about” these documents and evidence during the settlement of the case; or define what a “legitimate reason” is. Therefore, the assessment and judgment mostly depend on the point of view of the Judge handling the case.

2. LEGAL CONSEQUENCES OF LATE SUBMISSION OF DOCUMENTS, AND EVIDENCE.
Article 91 of the Civil Procedure Code 2015 stipulates that If a litigant is obliged to present evidence but fails to provide or does not submit enough evidence, the court shall settle the civil case according to the collected evidence in the case file.
Thus, if the submission is late, the documents and evidence are completely at risk of not being used.
At this time, a question arises: For important and key evidence in clarifying the objective truth of the case that are submitted late without a valid reason but if accepted, it can change the content of the case, reverse the court’s judgment, will the Judge accept it? If it is unaccepted, will the judgment accurately reflect the objective truth of the case anymore?
In practice, for many subjective and objective reasons, the litigant might accidentally or intentionally fail to provide documents and evidence on time. It may come from the lack of knowledge of the law so they can’t determine when to submit evidence to the court; or because they want to “hide” evidence and not wanting the other party to know about it until the trial.
In my opinion – Mrs. Thanh Thao – Lawyer of PL & Partners Law Firm: Proving is the obligation of the litigant, but the goal and duty of the Judge and the court system is to deliver fair and objective judgments. Therefore, in case the case file has had sufficient evidence, and the approval or disapproval of the late-submitted evidence does not change the nature of the case, the Judge may not accept them. On the contrary, if the late-submitted evidence contributes to clarifying the nature of the case, the Judge should consider and accept them.

Thus, PL & Partners Law Firm has shared with you the deadline for submission of documents, and evidence and legal consequences of late submission.
Hope the above information is useful to you.
If you need legal assistance, please don’t hesitate to contact us at:
PL AND PARTNERS LAW FIRM
Headquarters: 46th Floor, Bitexco Financial Tower, No. 2 Hai Trieu, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam
Office: Lot 1.16 Viva Riverside, 1472 Vo Van Kiet, Ward 3, District 6, HCMC
Hotline: 093.1111.060
Email: info@pl-partners.vn
Facebook: www.facebook.com/PLLaw
Website: www.PL-PARTNERS.vn – www.HOIDAPLUAT.net – www.THUTUCPHAPLY.org
We are always ready to assist you.
The article is based on the current legal regulations at the time of writing, and it may no longer be valid or relevant at the time you read it due to changes in the law. The article, therefore, is seen as reference only. |