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THE
GOVERNMENT
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No:
117-CP
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Hanoi,
September 07, 1994
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DECREE
ON LEGAL COSTS AND FEES
THE GOVERNMENT
Pursuant to the Law on Organization
of the Government on the 30th of September, 1992;
Pursuant to the Penal Code on the 26th of August, 1988;
Pursuant to the Ordinance on the Procedure of Settling Civil Lawsuits on the
29th of November, 1989;
Pursuant to the Ordinance on the Recognition and Enforcement in Vietnam of
Civil Verdicts and Decisions of Foreign Court on the 17th of April, 1993;
Pursuant to the Ordinance on the Procedure of Settling Economic Lawsuits on the
16th of March, 1994;
Pursuant to the Law on Bankruptcy of Businesses on the 30th of December, 1993;
At the proposals of the Minister of Justice and the Minister of Finance, and
with the consent of the President of the Supreme People's Court,
DECREES:
Chapter I
GENERAL PROVISIONS
Article 1.-
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2. Fees provided for in this
Decree include the fee for the supply of excerpts from the court verdicts or
decisions; the fee for the supply of the copy of the whole of the verdict or
decision; the fee in the application to the Vietnamese Court for recognition
and enforcement in Vietnam of a civil verdict or decision of a foreign court,
and the fee for the application to the Vietnamese Court for non-recognition of
a civil verdict or decision of a foreign court which has no request to be
enforced in Vietnam; and the fee in the settlement of the bankruptcy of a
business.
Article 2.-
1. The
whole of the legal costs and fees collected must be remitted fully and in time
to the State Budget.
2. When collecting the advance
of legal costs or the legal costs, and collecting the advance of court fees or
the court fees, the collector must use receipts which are issued by the
Ministry of Finance in consultation with the Ministry of Justice. In case the
payer of advance legal costs or advance court fees is repaid part or the whole
of the sum already collected, the collecting agency must fill the procedure of
repayment to the payer.
Chapter II
CIVIL LEGAL COSTS
Article 3.-
The civil legal costs include civil legal cost at the first instance trial, the
civil legal cost at the first and last instance trials, and the civil legal
cost at the Court of Appeal.
Article 4.-
1. The
level of civil legal cost at the first instance trial, and at the first and
last instance trials in the non-tariff civil cases is 50,000 VND.
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Value
of contested properties
Legal
costs
a/ Up to 1,000,000 VND
50,000 VND
b/ Above 1,000,000 VND up to
100,000,000 VND
5% of the value of the
contested property
c/ Above 100,000,000 VND up to
200,000,000 VND
5,000,000VND + 4% of the part of
the value of the contested property exceeding 100,000,000 VND
d/ Above 200,000,000 VND up to
500,000,000 VND
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e/ Above 500,000,000 VND up to
1,000,000,000 VND
18,000,000 VND + 2% of the
part of the value of the contested property exceeding 500,000,000 VND
f/ Above 100,000,000 VND
28,000,000 VND + 1% of the
part of the value of the contested property exceeding 1,000,000,000 VND
3. With regard to the court
cases concerning marriage and the family involving contest in the common
property of both spouses, apart from the legal cost stipulated in Item 1 of
this Article, the parties to the legal case shall have to bear the legal cost
for the part of the contested property, as in a tariff civil case defined in
Item 2 of this Article.
Article 5.-
The legal cost for a civil case at the Court of a Appeal in all types of civil
cases is 50,000 VND.
Article 6.-
The duty of paying the advance legal costs in a civil case is defined as
follows:
1. The plaintiff, the defendant
having claim on the plaintiff, the persons with related interests or
obligations having independent claims in the civil cases without or with tariff
up to 1 million VND, shall have to pay an advance legal cost for first instance
trial of 50,000 VND. With regard to civil cases having a tariff stipulated in
Points b, c, d, e and f of Item 2 of Article 4 of this Decree, the contesting
parties shall have to pay an advance legal cost for first instance trial
representing 50% of the first instance legal cost, estimated by the Court based
on the value of the contested property, except in cases of exemption from legal
costs, stipulated at Article 10 of this Decree.
2. The appellant, according to
the procedure of appeal, shall have to pay an advance appeal legal cost within
the term of the appeal, at a level defined in Article 5 of this Decree.
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1. The person, who has paid
advance legal cost and who withdraws his claim before the Court opens, shall be
given back 50% of the advance legal cost already paid.
2. The payer of the advance
legal cost, shall have it repaid in full, if by decision of the Court he/she is
not liable to legal cost, or shall be repaid the balance if by decision of the
Court he/she has to pay less than the advance legal cost already paid.
3. If the trial of the civil
lawsuit is suspended as stipulated in Items 1 and 3 of Article 46 of the
Ordinance on the Procedures of Settling Civil Lawsuits, the advance legal cost
shall be remitted to the State budget.
Article 8.-
The liability to civil legal costs at first instance trial is defined as follows:
1. All the parties to the case
shall have to bear first instance legal cost, if their claims are not accepted
by the Court, including cases involving the division of disputed common
property, except when exempted from legal cost as stipulated in Article 10 of
this Decree.
With regard to the common
property over which the contesting parties cannot detemine their shares, if
they request the Court to help settle, they have to pay legal cost for first
instance trial, in cases having a tariff stipulated in Article 4 of this
Decree.
2. If before the opening of the
trial, the Court succeeds in reconciliating the contesting parties who also
reach agreement on the settlement, the contesting parties must pay 50% of the
legal cost stipulated in Article 4 of this Decree. The contesting parties may
agree among themselves on the legal cost to be borne by each party. If they
cannot reach agreement, the Court shall decide.
3. With regard to divorce cases,
the plaintiff must pay the legal cost for first instance trial, whether or not
the Court accepts his or her request. In case both parties agree to the
divorce, each shall have to bear half of the legal cost of the first instance
trial.
4. If the settlement of the case
is temporarity suspended, the legal cost shall be decided on the resumption of
the case.
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Article 9.-
The liability to civil legal costs at the Court of Appeal is defined as
follows:
1. The appellant shall have to
bear the appeal legal cost, if the Court of Appeal retains the verdict or
decision of the Inferior Court.
2. The appellant shall not have
to bear the appeal legal cost, if the Court of Appeal changes the verdict or
decision of the Inferior Court, or annuls part or the whole of this verdict or
decision.
Article
10.-
1. The
following cases are exempted from legal cost:
a/ The person who asks for an allowance,
or for certification of the extra-marital father or mother of a minor;
b/ A laborer asking for
cancellation of a decision on lay-off, or an unlawful decision to terminate a
labor contract;
c/ A laborer asking for his/her
pay, or his/her social welfare insurance benefit;
d/ A laborer asking for
compensation for labor accident, occupational disease, or any other damages;
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f/ A complainant about the list
of electors.
2. The Procuracy which starts a
prosecution, or a social organization which files a lawsuit in the common
interest, shall not have to pay the advance legal cost or court fee.
3. A person, who is meeting with
economic difficulties which are certified by the People's Committee of the
commune, ward or township, or a social organization, is eligible for exemption
by the Court of part or the whole of the advance legal cost, or to partial or
complete exemption of legal cost.
Chapter
III
ECONOMIC LEGAL COSTS
Article
11.- The economic legal include the legal cost at the first instance trial,
and the legal cost at the Court of Appeal.
Article
12.-
1. The
level of economic legal cost at the first instance trial in the non-tariff
economic cases is 500,000 VND.
2. The level of economic legal
cost at the first instance trial in the tariff economic cases is set as
follows:
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Legal
cost
a/ Up to 10,000,000 VND
b/ Above 10,000,000 VND up to
100,000,000 VND
c/ Above 100,000,000 VND up to
200,000,000 VND
d/ Above 200,000,000 VND up to
500,000,000 VND
e/ Above 500,000,000 VND up to
1,000,000,000 VND
f/ Above 1,000,000,000 VND
500,000 VND
5% of the value of the
economic dispute
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9,000,000 VND + 3% of the part
of the disputed value exceeding 200,000,000 VND
18,000,000 VND + 2% of the
part of the disputed value exceeding 500,000,000 VND
28,000,000 VND+1% of the part
of the disputed value exceeding 1,000,000,000 VND
Article
13.- The level of economic legal cost in the Court of Appeal is 200,000 VND
for all economic lawsuits.
Article
14.- The duty to pay the advance economic legal costs is defined as
follows:
1. The plaintiff, the defendant
having an independent claim against the plaintiff, the persons with related
interests and obligations having independent claims in the economic lawsuits,
shall have to pay an advance first instance trial legal cost representing 50%
of the cost announced by the Court.
2. The appellant, according to
the procedure of appeal, shall have to pay an advance appeal legal cost, as
stipulated in Article 13 of this Decree. The Procuracy, which protests
according to the procedure of appeal, does not have to pay advance appeal legal
cost.
Article
15.- In the following cases, the advance economic legal cost already paid
shall be handled as follows:
1. The person, who has paid the
advance legal cost but now withdraws the lawsuit before the Court opens, shall
be returned 50% of the advance legal cost he/she has paid.
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3. If the trial of an economic
lawsuit is suspended as stipulated in Points a, c, d and e of Item 1 of Article
39 of the Ordinance on the Procedures of Handling Economic Lawsuits, the
advance legal cost shall be remitted to the State budget.
Article
16.- The liability to economic legal cost at first instance trial is
defined as follows:
1. The losing party or parties
to the lawsuit shall have to bear first instance legal costs for their claims
which are not accepted by the Court. Basing itself on the level of legal cost
defined in Article 12 of this Decree, the Court shall decide the level of legal
cost to be borne by the parties.
2. If before the trial, the
Court succeeds in the reconciliation and the parties agree among themselves on
the settlement of the lawsuit, they shall have to bear 50% of the legal cost
stipulated in Article 12 of this Decree. The parties shall have to agree among
themselves on the level of legal cost to be borne by each party. If they fail
to agree, the Court shall decide.
3. If the settlement of the
lawsuit is temporarily suspended, the legal cost shall be decided after
resumption of the suit.
Article
17.- The liability to the appeal economic legal costs is defined as
follows:
1. The appellant shall have to
bear the appeal legal cost, if the Court of Appeal retains the verdict or
decision of the Interior Court.
2. The appellant shall not have
to bear the appeal legal cost, if the Court of Appeal changes the verdict or
decision of the Inferior Court, or annuls part or the whole of the verdict or
decision of the Inferior Court.
3. The Procuracy protesting
according to the appeal procedures shall not have to bear the appeal legal
cost.
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CRIMINAL LEGAL COSTS
Article
18.- The criminal legal costs include the criminal legal cost at the first
instance trial, the criminal legal cost at the first and last instance trials,
and the criminal legal cost at the Court of Appeal.
The level of the criminal legal
cost at the first instance trial, at the first and last instance trials, and at
the Court of Appeal is 50,000 VND.
Article
19.- The criminal legal cost at the first instance trial, and the criminal
legal cost at the first and last instance trials are defined as follows:
1. The convict has to bear the
first instance trial legal cost defined in Article 18 of this Decree.
2. In case the prosecution is
started at the request of the victim, if the Court decides on a plea of
non-guilty on the part of the defendant, the victim who has started the lawsuit
has to pay the legal cost defined in Article 18 of this Decree.
3. Concerning the civil part of
a compensation claim in a criminal case, the party which has to pay the
compensation must pay the civil legal cost of the first instance trial as
stipulated at Article 4 of this Decree, except when he/she is exempted from
legal cost as stipulated in Article 10 of this Decree.
Article
20.- The criminal legal cost at the Court of Appeal is defined as follows:
1. The appealing defendant shall
have to bear the appeal legal cost, if the Court of Appeal retains the penal
decision of the case, or the first instance decision concerning the appealing
defendant.
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3. The Procuracy protesting
shall not have to bear the appeal legal cost.
4. With regard to the civil part
of the compensation for damage in a criminal case, the appellant shall have to
bear the civil appeal legal cost, as stipulated in Items 1 and 2 of Article 9
of this Decree, except when he/she is exempted from legal cost as stipulated in
Article 10 of this Decree.
Chapter V
FEES
Article
21.- The defendant and other concerned parties, who have been supplied with
excerpts from the verdict or decision, or the copy of the whole of the verdict
or decision as prescribed by law, shall have to pay a fee of 1, 000 VND per
page, if they want to have another copy of the excerpts or the whole of the
verdict or decision of the court.
Article
22.- An individual or organization that sends an application requesting the
Vietnamese Court to recognize and enforce in Vietnam a civil verdict or
decision of a foreign court, or that sends an application requesting the
Vietnamese Court not to recognize a civil verdict or decision of a foreign
court which has no request to be enforced in Vietnam, shall have to pay fees as
follows:
- 500,000 VND for a resident
individual in Vietnam, or an organization having its main office in Vietnam;
- 1,000,000 VND for a
non-resident individual in Vietnam, or an organization without its main office
in Vietnam.
2. The fees shall have to be
paid fully at one time at the application receiving agency, together with the
application and accompanying papers.
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Article
23.-
1. When
applying for the Court to declare the bankruptcy of a business, the creditors
without guarantees or with partial guarantees shall have to advance a fee to
settle the bankruptcy. This fee is set at 300,000 VND. This advance fee shall
be repaid to the creditor by the debtor, if the Court declares the bankruptcy
of the business, or issues a decision suspending the settlement of the request
for bankruptcy after the business is no longer in the bankruptcy situation.
2. If the owner of the business
or his lawful representative applies for a declaration of bankruptcy, they
shall have to advance a fee of 500,000 VND to settle the bankruptcy.
3. The representative of the
trade union asking for a declaration of bankruptcy of the business shall not
have to advance the fee for settling the bankruptcy of the business.
4. The business, which is
declared bankrupt, shall have to pay the fee for settling the bankruptcy. This
fee is set at 1,00,000 VND. It is collected during the division of the
remaining properties of the business which is declared bankrupt.
5. In case the Court issues a
decision to temporarily suspend or to suspend the settlement of the request for
declaration of bankruptcy of the business, the business shall have to bear only
50% of the fee stipulated in Item 50% of the fee stipulated in Item 4 of this
Article.
6. In case the Court issues a
decision to suspend the settlement of the request for declaration of bankruptcy
of the business, the advance fee already paid shall be remitted to the State budget.
The business, which is no longer in the bankruptcy situation, shall have to
repay to the creditors the advance fee for the settlement of the bankruptcy
which they have paid.
Chapter VI
IMPLEMENTATION
PROVISIONS
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Article
25.- When the price index on the market rises by 20% and more, the Ministry
of Justice and the Ministry of Finance shall coordinate with the Supreme
People's Court in readjusting the level of legal costs and fees denominated in
actual sums in this Decree, in order to make them conform to the current
prices.
Article
26.- This Decree takes effect as from the date of its signing, and replaces
Decree No.61-CP on the 17th of September, 1993 of the Government. All the
earlier provisions on legal costs and court fees are now annulled.
Article
27.- The Minister of Justice and the Ministry of Finance shall coordinate
with the President of the Supreme People's Court in guiding the implementation
of this Decree.
ON
BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai