Unlike those found in common law jurisdictions, there are no similar discovery procedures under Vietnam's Civil Procedure Code. However, the Civil Procedure Code 2015 does require related parties to take the necessary measures to gather evidence from third parties on their own initiative. Further, the court's involvement in the collection of evidence is available upon the parties' request, should they have given their best effort to collect evidence but failed to do so. This request must clearly identify the issues that need to be proven by the evidence, the relevant evidence to be gathered, and the reasons why the requesting party cannot gather the evidence in question. The court will then decide whether to formally require the individuals or organizations with possession of or control over the evidence in question to provide it to the court.
Regarding the disclosure of evidence between the involved parties, they are obliged to provide all documentation and evidence within a certain period of time upon request of the court. If the parties fail to provide or inadequately provide the evidence requested by the court within the deadline, the court shall resolve the case based on the evidence already provided by the parties. Any documents/materials provided after the deadline set by the court shall not be admitted into evidence, with a few exceptions prescribed by the law.
On 3 May 2020, the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters entered into force for Vietnam. Accordingly, Vietnam may provide evidence in Vietnam to foreign courts upon the request of other contracting states to the convention, or request other contracting states to assist in collecting evidence. However, on accession to this convention, Vietnam also made an express reservation that it would not execute Letters of Request issued for the purpose of obtaining pre-trial discovery of documents, as known in common law jurisdictions, unless all of the following conditions are met: