Electronic Evidence in Vietnam's Criminal Procedure Code Current State and Suggestions for Improvement

The rapid expansion of digital technologies has transformed both the nature of criminal activities and the evidentiary landscape of contemporary criminal justice systems. Vietnam’s 2015 Criminal Procedure Code (CPC) formally recognizes electronic evidence as an independent evidentiary category, marking an important step toward adapting domestic procedural law to the digital environment. However, the current legal framework remains largely principle-based, leaving notable gaps in the collection, preservation, examination, and admissibility of electronic data. In practice, investigative and judicial authorities face substantial challenges due to the absence of unified technical standards, inconsistent chain-of-custody procedures, difficulties in cross-border data acquisition, and the tension between investigative needs and privacy protection. This article provides a comprehensive analysis of the theoretical foundations, current legal framework, and practical application of electronic evidence under Vietnam’s CPC 2015. Drawing on comparative insights from advanced jurisdictions and international standards (UNODC, OECD, NIST, EVIDENCE2e-CODEX), the study identifies key normative and institutional shortcomings affecting evidentiary reliability, legality, and integrity. It then proposes a set of reforms aimed at modernizing Vietnam’s procedural law, strengthening digital forensic capabilities, and ensuring a balanced, rights-respecting approach to electronic evidence in the digital age.