The process server’s witness statement and its evidentiary value in dispute resolution

In civil and commercial activities, parties often struggle to resolve disputes because they lack evidence proving that a specific act or event occurred. Many lawsuits fail simply as parties cannot provide properly documented evidence recorded at the right time and in accordance with the law. A process server’s witness statement has become a valuable evidentiary tool in this context. It records factual events and acts to protect the lawful rights and interests of the parties. This article examines the legal basis, scope, evidentiary value and practical risks of the process server’s witness statement. It aims to help organizations and individuals understand how to use this tool effectively in dispute resolution.

I.General overview of the process server’s witness statement

According to Clause 3, Article 2 of Decree No. 08/2020/NĐ-CP on the organization and operation of process servers (“Decree 08”), a process server’s witness statement refers to a document which records an event or behavior witnessed by the bailiff and is produced at request of an individual, agency or organization at request of this Decree. A process server’s witness statement is not a contract or a legal transaction that gives rise to, changes or terminates rights and obligations between parties. It is a legally recognized document that records the factual occurrence of an event or act, for example, the delivery or receipt of money, the condition of property, a contractual breach or an act violating the law. The purpose of a process server’s witness statement is to document real-life developments or acts that the process server – a professional authorized by the State – has directly witnessed. The preparation of such a statement must strictly follow statutory procedures to ensure objectivity, truthfulness and legality.

Pursuant to Clause 1, Article 2 of Decree 08, a process server is a person who meets all statutory qualifications and is appointed by the State to perform the service of delivering judicial documents, preparing witness statements, verifying civil judgment enforcement conditions and organizing civil judgment enforcement as provided by law. Under Clause 1, Article 36 of Decree 08, a process server has the right to prepare a witness statement in most cases involving actual events or acts at the request of agencies, organizations or individuals, such as recording the delivery or receipt of property or goods, the condition of property, scenes of violation, acts of contractual breach or infringement of property or intellectual property rights, the posting of notices, working sessions or other real-life events and acts.

However, the law also sets strict limitations on the situation when a process server’s witness statement may be made. Article 37 of Decree 08 specifies cases in which a process server is prohibited from preparing such a statement. If a process server’s witness statement is made in contravention of these prohibitions, it shall have no evidentiary value.

II.The legal value of the process server’s witness statement in litigation and dispute resolution

1.The process server’s witness statement as lawful evidence under procedural law

According to Articles 93, 94 and 95 of the 2015 Code of Civil Procedure, if prepared in accordance with legal provisions, a process server’s witness statement is recognized as a legitimate source of evidence for the Court to consider and evaluate in the course of dispute resolution. The Court may rely on the statement to:

• Identify acts constituting contractual breaches (e.g., delay in delivery, failure to hand over premises, etc.);
• Prove the transfer of money or property;
• Confirm the actual condition of disputed property;
• Serve as a basis for assessing damages or liability for compensation.

A process server’s witness statement is often regarded as particularly important when the relevant act occurred instantly and cannot be reproduced later. However, in resolving disputes, the Court must rely on all available evidence and the consistency between different sources (contracts, invoices, receipts, emails, text messages, etc.), rather than treating the witness statement as the sole or conclusive evidence in determining the nature of the dispute.

It is essential to note that a process server’s witness statement does not itself establish, transfer or terminate any legal rights or obligations between parties; it merely reflects that a factual event or act has occurred. For example, Party A owns a parcel of land and Party B wishes to buy it. Since the land has not yet been issued a Land Use Right Certificate, the parties cannot legally sign a transfer contract. They agree to have a process server prepare a witness statement recording Party B’s payment and Party A’s commitment to transfer the land once the certificate is obtained. Later, after the certificate is issued, Party A sells the land to another person instead. Party B sues Party A, requesting that the land and documents be transferred to them. In this case, the Court may declare the transaction void pursuant to Article 45 of the 2024 Land Law and Article 123 of the 2015 Civil Code. The process server’s witness statement here merely serves as proof of payment, it does not validate the legality of the transfer transaction.

2.Factors for assessing the evidentiary value of a process server’s witness statement

In judicial practice, although a process server’s witness statement is recognized as lawful evidence, the Court does not automatically accept all of its contents. Instead, the Court examines and evaluates the circumstances surrounding its preparation and its content to determine its true evidentiary weight. The main factors considered include:

• Legality of the preparation of the witness statement: This is the first and most important condition for the witness statement to be recognized as valid evidence. The Court will verify the process server’s authority, the scope of permissible acts and whether the procedures and format comply with the law. If the statement was prepared outside the permitted scope (e.g., recording a real estate transaction not yet legally eligible) or was not registered with the Department of Justice, it has no legal validity. Furthermore, if the process server did not directly witness the event or act and instead relied on indirect information, the statement violates the principle of objectivity and loses evidentiary value.
• Objectivity and truthfulness of the content:Although process servers are neutral officers appointed by the State, the contents of their statements must still be examined for accuracy and impartiality. The Court will assess whether the statement describes events and acts truthfully, precisely and without bias or omission. If the statement records only part of an event or omits critical details affecting the nature of the dispute, it may be treated merely as supplementary evidence rather than full proof. For instance, a statement recording the payment of money but not specifying the purpose or conditions of payment cannot be used as evidence that a sale contract was completed.
• Consistency with other evidences: In civil litigation, the Court evaluates evidence comprehensively. Therefore, the probative value of a process server’s witness statement depends greatly on how well it aligns with other evidence in the case file. If the contents of the statement are consistent with and reinforce other evidence, it will be considered strong and persuasive. Conversely, if it contradicts witness testimony, contracts, receipts or other documents, the Court may regard it as indirect evidence or even disregard it. For example, a statement recording delivery of goods may be reliable if it matches delivery notes, invoices and payment documents; however, if other records indicate that delivery was inconsistent with the agreement, the statement’s accuracy must be re-evaluated.

A process server’s witness statement is an important source of legal evidence that helps individuals and organizations protect their rights and interests in increasingly complex disputes. However, it only holds evidentiary value when parties understand its nature, follow legal procedures and use it appropriately. Our practical experience shows that a witness statement prepared at the right time, in the correct form, under proper authority and accurately recording real events can decisively resolve disputes. Proactively preparing and preserving such witness statements should be an essential part of every individual’s and enterprise’s legal risk management strategy.