Both Clause 4 Article 147 of the 2015 Civil Procedure Code and Article 27 of the Resolution No. 326/2016/UBTVQH14, currently in effect, prescribe that both parties involved (including the plaintiff and defendant) are liable for a half (50%) of the total first-instance court fee.
This means that there is no change which has been made in comparison with the 2004 Civil Procedure Code, which has already expired. Furthermore, unless otherwise instructed by the Council of Justices of the Supreme People’s Court, it has been agreed that the court fee charged for an uncontested divorce will be subject to regulatory instructions given in Clause 2 Article 16 of the Resolution No. 01/2012/NQ-HĐTP .
For instance, in a divorce case wherein both parties involved arrive at an uncontested divorce, as it is considered that they have reached a mutual agreement during the pre-trial conciliation, each party involved will be liable for 25% of the stipulated court fee.
More details are given in the Official Dispatch No. 72/TANDTC-PC dated April 11, 2017.
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