Abstract

This article examines the legal conditions for invoking force majeure and the burden of proving force majeure events in civil and commercial contracts under Vietnamese law. The analysis focuses on Article 156(1) and Article 351(2) of the 2015 Civil Code, Articles 294 and 295 of the 2005 Commercial Law, and the general principles governing the burden of proof in civil proceedings. From the perspective of international migration service contracts, the article demonstrates that Vietnamese service providers generally retain control over advisory services and document preparation, whereas the final outcome of immigration procedures depends on foreign immigration authorities, consular bodies, or the administrative policies of the receiving state. On this basis, the article proposes the standardization of force majeure clauses, evidentiary requirements, notification obligations, and methods for assessing indirect causal relationships in order to improve legal certainty and the consistent application of force majeure rules in contractual disputes.

Keywords: Burden of proof; Covid-19; exemption from civil liability; force majeure; international migration service contract; service contract.