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THE
NATIONAL ASSEMBLY STANDING COMMITTEE
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SOCIALIST
REPUBLIC OF VIET NAM
Independence - Freedom - Happiness
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No.
10/2009/UBTVQH12
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Hanoi,
February 27, 2009
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ORDINANCE
ON COURT COSTS AND FEES
Pursuant to the 1992 Constitution
of the Socialist Republic of Vietnam, which was amended and supplemented under
Resolution No. 51/2001/ QH10;
Pursuant to Resolution No. 11/2007/QH12 on the law- and ordinance-making
programs of the XIIth National Assembly (2007-2011) and 2008;
The National Assembly Standing Committee promulgates the Ordinance on Court
Costs and Fees.
Chapter I
GENERAL PROVISIONS
Article 1.
Scope of regulation
This Ordinance specifies court
costs and fees payable by convicts, involved parties in criminal, civil and
administrative cases; court cost and fee levels; collection and remittance
principles, exemption conditions and procedures; cases not liable to payment of
court cost and fee advances and court costs and fees; the obligation to pay
court costs and fees; agencies competent to collect court costs and fees;
handling of court cost and fee advances and court costs and fees; and
settlement of complaints about court costs and fees.
Article 2.
Subjects of application
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Article 3.
Court costs
1. Court costs include:
a/ Criminal court cost;
b/ Civil court cost, including
cost of settlement of civil, marriage and family, business, commercial or labor
disputes;
c/ Administrative court cost.
2. Court costs specified in
Clause 1 of this Article include first-instance and appellate court costs.
Article 4. Court
fees
1. Fee for settlement of civil
affairs specified in Clauses 1,2,3,4 and 6, Article 26, and Clauses 1, 2, 3, 4,
5 and 7, Article 28, of the Civil Procedure Code.
2. Fees for recognition and
permission for enforcement in Vietnam of civil judgments and rulings of foreign
courts, and foreign arbitral awards, including:
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b/ Fee for non-recognition of
civil, labor, business or commercial judgments and rulings and property rulings
in criminal or administrative judgments and rulings of foreign courts which are
not required to be enforced in Vietnam;
c/ Fee for recognition and
enforcement in Vietnam of foreign arbitral awards.
3. Fee for settlement of civil
affairs related to Vietnam's commercial arbitration activities.
4. Fee for filing applications
for opening of bankruptcy procedures.
5. Fee for consideration of the
lawfulness of strikes.
6. Fee for arrest of seagoing
ships or aircraft.
7. Fee for judicial mandate by
foreign courts in Vietnam.
8. Fees for issuance of copies
of papers and photocopying of documents at courts, including:
a/ Fee for photocopying of
documents and evidence in case files compiled by courts;
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c/ Fee for issuance of copies of
certificates of criminal record obliteration;
d/ Fee for issuance of copies of
other papers of courts.
Article 5.
Court cost and fee levels
Court cost and fee levels for each
type of case or affair are specified in the court cost and fee tariff attached
to this Ordinance.
Article 6.
Principles for court cost and fee collection and remittance
1. Court costs and fees shall be
collected in Vietnam dong.
2. Agencies competent to collect
court cost and fee advances and court costs and fees shall use receipts issued
by the Finance Ministry.
Article 7.
Court cost and fee advances
1. Court cost advances include
first-instance and appellate court cost advances.
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Article 8.
The obligation to pay court cost and fee advances and court costs and fees
Individuals, agencies and
organizations shall pay court cost and fee advances and court costs and fees,
except for cases in which they are not required to pay court cost and fee
advances, court costs and fees or are exempt from payment thereof under this
Ordinance.
Article 9.
Agencies collecting court cost and fee advances and court costs and fees
1. Civil judgment enforcement
agencies may collect court costs specified in Article 3 and court fees
specified in Clauses 1, 4 and 5, Article 4, and Point d. Clause 1, Article 43,
of this Ordinance.
2. Courts may collect court fees
specified in Clauses 3,6 and 8, Article 4, and Clause 4, Article 42, of this
Ordinance.
3. The Justice Ministry may
collect court fees specified in Clauses 2 and 7, Article 4 of this Ordinance.
4. Agencies competent to collect
court costs and fees specified in Clauses 1 and 2 of this Article may collect
court cost and fee advances.
Article 10.
Cases in which court cost advances and court costs are not required to be paid
The following entities are not
required to pay court cost advances and court costs:
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2. Agencies and organizations which
file civil lawsuits to protect rights and legitimate interests of other
persons, public or state interests;
3. Procuracies which institute
administrative cases;
4. Procuracies which protest
against court judgments and rulings according to appellate procedures;
5. Agencies and organizations
defined in Clause 2 of this Article that appeal against court judgments and
rulings according to appellate procedures.
Article 11.
Exemption from payment of whole court cost advances and court costs
The following entities are
exempt from payment of whole court cost advances and court costs:
1. Persons who file
administrative lawsuits are war invalids, parents of fallen heroes, or persons
with meritorious contributions to the revolution:
2. Laborers who file lawsuits to
request payment of salaries, job loss allowance, severance allowance, social
insurance sums, compensations for labor accidents or occupational diseases:
settlement of claims for damages or compensations for unlawful dismissal or
labor contract termination;
3. Persons who claim alimony or
request identification of parents for minor children or adult children who have
lost their civil act capacity;
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5. Poor individuals and
households under the Government's regulations;
6. Persons who claim
compensations for their life, health, honor or dignity.
Article 12.
Cases in which court fee advances and court fees are not required to be paid
The following entities are not
required to pay court fee advances and court fees:
1. Laborers who request in
writing courts to open procedures for bankruptcy of enterprises or
cooperatives;
2. Grassroots trade union
executive boards which request courts to examine the lawfulness of strikes;
3. Representatives of labor
collectives who request courts to examine the lawfulness of strikes;
4. Agencies and organizations
which request courts to invalidate unlawful marriages;
5. Procuracies which protest
against court rulings according to appellate procedures.
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Poor individuals and households
under the Government's regulations are exempt from payment of whole court fee
advances and court fees specified in Clause 1, Article 4 of this Ordinance.
Article 14.
Exemption from payment of part of court cost and fee advances, court costs and
fees
1. Persons who encounter
economic difficulties as certified by People's Committees of communes, wards or
townships where they reside or agencies or organizations where they work will
be ruled by courts to be exempt from payment of part of court cost advances and
court costs.
2. Persons who encounter
economic difficulties as certified by People's Committees of communes, wards or
townships where they reside or agencies or organizations where they work will
be ruled by courts to be exempt from payment of part of court fee advances and
court fees specified in Clause 1, Article 4 of this Ordinance.
3. Exempted amounts under
Clauses 1 and 2 of this Article must not exceed 50% of payable court cost or fee
advances or court costs or fees.
Article 15.
Filing of applications for exemption from court cost and fee advances or court
costs and fees
1. Persons who wish to be
exempted from court cost and fee advances or court costs and fees and fall into
the cases specified in Articles 11, 13 and 14 of this Ordinance shall file with
competent courts applications enclosed with documents and evidence proving
their eligibility for exemption.
2. An application for exemption
from court cost or fee advance or court cost or fee must have the following
principal contents:
a/ Date of making;
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c/ Reason and grounds for
exemption application;
d/ Certification by the People's
Committee of the commune, ward or township where the applicant resides or the
agency or organization where the applicant works, for the cases specified in
Clauses 1 and 2, Article 14 of this Ordinance.
Article 16.
Competence to examine applications for exemption from court cost advances and
court costs
1. Before accepting cases for
handling, judges who are assigned by court chief judges to handle these cases
are competent to examine applications for exemption from court cost advances.
2. After accepting cases for
handling, judges who are assigned by court chief judges to handle these cases
are competent to examine applications for exemption from court cost advances of
defendants that make counter-claims against plaintiffs or of persons with
related interests and obligations that make independent claims in these cases.
3. Judges who are assigned by
chief judges of first-instance courts to handle cases are competent to examine
applications for exemption from appellate court cost advances.
4. Before opening first-instance
or appellate court hearings, judges who are assigned by court chief judges to
handle cases are competent to consider exemption from court costs for applying
involved parties.
5. At court hearings,
first-instance or appellate trial panels are competent to consider exemption
from court costs for applying involved parties upon making judgments or rulings
on their cases.
Article 17.
Competence to examine applications for exemption from court fee advances and
court fees
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2. Judges who are assigned by
chief judges of first-instance courts to handle cases are competent to examine
applications for exemption from appellate court fee advances.
3. Before opening first-instance
or appellate sessions, judges who are assigned by court chief judges to handle
civil affairs are competent to consider exemption from court fees for
applicants being involved parties.
4. At sessions, judges or trial
panels settling civil affairs are competent to consider exemption from fees for
settling civil affairs for applying involved parties upon making rulings on
these civil affairs.
Article 18.
Handling of court cost and fee advances and court costs and fees
1. All collected court cost and
fee amounts shall be fully and promptly remitted into the state budget via the
state treasury.
2. Court cost and fee advances
shall be paid to the agencies with collecting competence defined in Article 9
of this Ordinance for depositing in custody accounts opened at the state
treasury and will be withdrawn for judgment enforcement under court rulings.
3. If court cost and fee advance
payers are liable to pay court costs and fees, immediately after court
judgments or rulings take effect, collected advance amounts shall be remitted
into the state budget.
4. In case court cost and fee
advance payers are refunded part or the whole of advanced amounts under court
judgments or rulings, the agencies that have collected these advances shall
carry out procedures to refund them to their payers.
5. In case the handling of civil
or administrative cases is suspended, paid court cost and fee advance amounts
shall be handled after the handling of these cases resumes.
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7. In case the handling of civil
or administrative cases is terminated under Clause 2, Article 192 of the Civil
Procedure Code or Clause 3, Article 41 of the Ordinance on Procedures for
Handling Administrative Cases, court cost advances shall be refunded to their
payers.
8. In case courts rule to
terminate the examination of applications under Clause 3, Article 320, Clause
2, Article 325, Clause 3, Article 331 and Clause 2, Article 336 of the Civil
Procedure Code, paid court fee advances shall be remitted into the state
budget.
9. In case cassation trial
courts quash appellate judgments or rulings and uphold lawful first-instance
judgments or rulings of lower-level courts which have been quashed or modified;
cassation or re-opening trial courts quash judgments or rulings of courts which
have tried cases in question and terminate the handling of these cases, they
shall reconsider and decide on court costs and fees.
Article 19.
Supervision of observance of law in the collection and remittance of or
exemption from court costs and fees
Procuracies shall supervise the
observance of law in the collection and remittance of or exemption from part or
the whole of court costs and fees, ensuring the strict and uniform observance
of law.
Chapter II
COURT COSTS IN
CRIMINAL CASES
Article 20.
Types of court cost in criminal cases
1. First-instance criminal court
cost.
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3. First-instance civil court
cost for courts which handle also civil parts in criminal cases, including
first-instance civil court costs involving or not involving monetary value.
4. Appellate civil court cost
for civil parts in criminal cases which are appealed against.
Article 21.
The obligation to pay court cost advances in criminal cases
1. Accused and involved parties
in criminal cases are not required to pay first-instance and appellate criminal
court cost advances and first-instance civil court cost advances.
2. Involved parties in criminal
cases that appeal against civil parts shall pay appellate civil court cost
advances, unless they are not required to pay or are exempt from court cost
advances under this Ordinance. The level and time limit for payment of
appellate civil court cost advances comply with Articles 28 and 29 of this
Ordinance.
Article 22.
The obligation to bear first-instance court costs in criminal cases
1. Convicts shall bear
first-instance criminal court costs.
2. Victims that request the institution
of criminal cases shall bear first-instance criminal court costs if courts
declare that accused parties are not guilty or these cases are terminated under
Clause 2, Article 105 of the Criminal Procedure Code.
3. The obligation to bear
first-instance civil court costs in criminal cases must comply with Article 27
of this Ordinance.
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1. Accused parties and their
lawful representatives that appeal against criminal rulings in first-instance
judgments shall bear appellate criminal court costs if appellate courts uphold
criminal rulings in first-instance judgments.
2. Accused parties and their
lawful representatives that appeal against criminal rulings and civil parts of
first-instance judgments shall bear appellate criminal and civil court costs,
if appellate courts uphold the active rulings of first-instance judgments.
3. Appealing victims shall bear
appellate criminal court costs in case criminal cases are instituted at their request
and appellate courts uphold first-instance judgments or rulings and declare
that accused parties are not guilty.
4. Persons who appeal against
civil ruling parts of first-instance judgments shall bear appellate civil court
costs under Article 30 of this Ordinance.
5. In case appellate courts
quash first-instance judgments or rulings for reinvestigation or retrial or
terminate cases, appealing parties are not required to bear appellate criminal
court costs.
6. Appealing parties that
withdraw their appeals before the opening of or at appellate hearings are not
required to bear appellate criminal court costs.
7. Appealing parties are not
required to bear appellate court costs if their appeals are accepted by courts.
Chapter
III
COURT COSTS IN CIVIL
CASES
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1. Court costs in civil cases
include:
a/ First-instance civil court
cost for civil cases involving no monetary value;
b/ First-instance civil court
cost for civil cases involving a monetary value;
c/ Appellate civil court cost.
2. Civil cases involving no
monetary value means cases in which claims of involved parties are not sums of
money or cannot be valued in specific sums of money.
3. Civil cases involving a
monetary value means cases in which claims of involved parties are sums of
money or assets which can be valued in sums of money.
Article 25.
The obligation to pay first-instance civil court cost advances
1. Plaintiffs, defendants that
make counterclaims against plaintiffs, and persons with related interests and
obligations that make independent claims in cases involving civil, marriage and
family, business, commercial or labor disputes shall pay first-instance civil
court cost advances, unless they are not required to pay or are exempt from
court cost advances under this Ordinance.
2. For a case with more than one
plaintiff each of whom makes an independent claim, each plaintiff shall pay a
court cost advance for his/her/ its own claim. If these plaintiffs make the
same claim, they shall jointly pay the court cost advance.
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4. Parties obliged to pay court
cost advances in civil cases involving no monetary value shall pay a
first-instance civil court cost advance equal to the first-instance civil court
cost level. In civil cases involving a monetary value, they shall pay a
first-instance civil court cost advance equal to 50% of the first-instance
civil court cost level estimated by courts based on the value of disputing
assets to be settled at the request of involved parties.
Article 26.
Time limit for payment of first-instance civil court cost advances
Plaintiffs, defendants that make
counter-claims against plaintiffs, and persons with related interests and
obligations that make independent claims shall pay first-instance civil court
cost advances within 15 days after receiving court notices of payment of court
cost advances.
Article 27.
The obligation to bear first-instance civil court costs
1. Involved parties shall bear
first-instance civil court costs for their claims unaccepted by courts.
2. Defendants shall bear all
first-instance civil court costs in case plaintiffs' claims are wholly accepted
by courts.
3. Plaintiffs shall bear all
first-instance civil court costs in case all their claims are wholly unaccepted
by courts.
4. Plaintiffs shall bear
first-instance civil court costs in proportion to parts of their claims
unaccepted by courts. Defendants shall bear first-instance civil court costs in
proportion to court-accepted parts of plaintiffs' claims toward defendants.
5. Defendants making
counter-claims shall bear first-instance civil court costs for parts of their
counter-claims unaccepted by courts. Plaintiffs shall bear first-instance civil
court costs in proportion to parts of defendants' counter-claims accepted by
courts.
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7. Each involved party shall
bear a first-instance civil court cost in proportion to the value of the
property or inheritance part received by or divided to him/her/it in case they
cannot determine by themselves their parts in the common property or
inheritance and any of them requests a court to divide that common property or
inheritance.
8. Plaintiffs shall bear
first-instance civil court costs in divorce cases, regardless of whether or not
courts accept their claims.
9. Involved parties in marriage
and family cases involving dispute over division of common spousal property
shall, apart from bearing first-instance civil court costs specified at Point
a. Clause 1, Article 24 of this Ordinance, bear court costs for the disputed
property part like in civil cases involving a monetary value in proportion to
the value of property divided to them.
10. Persons obliged to provide
periodical alimony under court rulings shall bear first-instance civil court
costs like in civil cases involving no monetary value.
11. Involved parties that can
reach agreement on the handling of their cases in conciliations conducted by
courts before opening a hearing shall bear 50% of the prescribed court cost
level.
12. In case involved parties
reach agreement on the handling of their cases at first-instance hearings, they
shall still bear first-instance civil court costs as if their cases were tried.
13. If in a case a party is not
required to pay or is exempt from the first-instance civil court cost, other
parties shall still pay this cost under this Article.
Article 28.
The obligation to pay appellate civil court cost advances
1. Parties that make appeals
according to appellate procedures shall pay appellate civil court cost
advances, unless they are not required to pay or are exempt from these advances
under this Ordinance.
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Article 29.
Time limit for paying appellate civil court cost advances
Within 10 days after receiving
first-instance courts' notices of payment of appellate civil court cost
advances, appealing parties shall pay these advances and submit to
first-instance courts advance receipts, unless they have plausible reasons for
failing to do so.
Article 30.
The obligation to bear appellate civil court costs
1. Appealing involved parties
shall bear appellate civil court costs if appellate courts uphold first-instance
judgments or rulings.
2. In case appellate courts
modify appealed first-instance judgments or rulings, appealing involved parties
are not required to bear appellate civil court costs. Appellate courts shall
re-determine the obligation to pay first-instance civil court costs under
Article 131 of the Civil Procedure Code and Article 27 of this Ordinance.
3. In case appellate courts
quash appealed first-instance judgments or rulings for first-instance retrial,
appealing involved parties are not required to bear appellate civil court
costs.
4. Involved parties that
withdraw their appeals before appellate hearings are opened shall bear 50% of
the appellate civil court cost level. Involved parties that withdraw their
appeals at appellate hearings shall bear the whole appellate civil court cost.
5. In case involved parties can
reach agreement on the handling of their case at an appellate hearing, they
shall bear the whole appellate civil court cost. Regarding the first-instance
civil court cost, if involved parties can reach agreement thereon, they shall
bear the first-instance civil court cost as agreed. If no agreement is reached,
courts shall re-determine the first-instance civil court cost according to the
agreement on the handling of the case at the appellate hearing.
6. In case plaintiffs withdraw
their lawsuit petitions before an appellate hearing is opened or at an
appellate hearing and obtain the consent of defendants, involved parties shall
still bear the first-instance civil court cost under rulings of first-instance
courts and bear 50% of the appellate civil court cost.
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Chapter IV
COURT COSTS IN
ADMINISTRATIVE CASES
Article 31.
Types of court costs in administrative cases
1. First-instance administrative
court cost.
2. Appellate administrative
court cost.
3. First-instance civil court cost
in cases involving claims for damages, including first-instance civil cases
involving no monetary value and those involving a monetary value.
4. Appellate civil court cost in
cases in which rulings on payment of damages are appealed against.
Article 32.
The obligation to pay first-instance court cost advances in administrative
cases
1. Parties filing administrative
lawsuits shall pay first-instance administrative court cost advances, unless
they are not required to pay or are exempt from these advances under this
Ordinance.
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3. Parties obliged to pay court
cost advances in first-instance administrative cases shall pay first-instance
administrative court cost advances equal to the first-instance administrative
court cost level.
Article 33.
Time limit for paying first-instance administrative court cost advances
Parties filing administrative
lawsuits shall pay first-in stance administrative court cost advances within 7
days after receiving court notices of payment of court cost advances.
Article 34.
The obligation to bear first-instance court costs in administrative cases
1. Persons whose administrative
decisions or acts are sued shall bear first-instance administrative court costs
in case court judgments or rulings rule that their administrative decisions or
acts are unlawful.
2. Parties filing administrative
lawsuits shall bear first-instance administrative court costs in case court judgments
or rulings rule that these administrative decisions or acts are lawful.
3. The obligation to bear
first-instance civil court costs in administrative cases must comply with
Article 27 of this Ordinance.
Article 35.
The obligation to pay appellate court cost advances in administrative cases
1. Appealing parties shall pay
appellate administrative court cost advances, unless they are not required to
pay or are exempt from court cost advances under this Ordinance.
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3. Involved parties in
administrative cases that appeal against payment of damages shall pay appellate
civil court cost advances, unless they are not required to pay or are exempt
from court cost advances under this Ordinance. Appellate civil court cost
advances must comply with Clause 2, Article 28 of this Ordinance.
Article 36.
Time limit for paying appellate court cost advances in administrative cases
Within 7 days after receiving first-instance
courts' notices of payment of appellate administrative court cost advances and
appellate civil court cost advances in administrative cases, appealing parties
shall pay these appellate court cost advances and submit to first-instance
courts court advance receipts, unless they have plausible reasons for failing
to do so.
Article 37.
The obligation to bear appellate court costs in administrative cases
1. Appealing parties shall bear
appellate administrative court costs if appellate courts uphold first-instance
judgments or rulings.
2. In case appellate courts
modify part or the whole of appealed first-instance judgments or rulings or
quash them and transfer case files to first-instance courts for retrial,
appealing parties are not required to bear appellate administrative court
costs.
3. Involved parties that
withdraw their appeals before appellate hearings are opened shall bear 50% of
the appellate administrative court cost level. Involved parties that withdraw
their appeals at appellate hearings shall bear the whole appellate
administrative court costs.
4. Parties appealing against
rulings on payment of damages in first-instance judgments shall bear appellate
civil court costs under Article 30 of this Ordinance.
5. Appealing parties are not
required to bear appellate court costs in case their appellate claims are
accepted by courts.
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COURT FEES
Section I.
COURT FEES FOR HANDLING CIVIL AFFAIRS
Article 38.
Fees for handling civil affairs
Fees for handling civil affairs include
first-instance fee and appellate fee.
Article 39.
The obligation to pay first-instance fee advances and first-instance fees for
handling civil affairs
1. Parties filing written
requests for court to handle civil affairs specified in Clauses 1, 2, 3, 4 and
6, Article 26 and Clauses 1, 2, 3, 4, 5 and 7. Article 28, of the Civil
Procedure Code are obliged to pay court fee advances, unless they are not
required to pay or are exempt from court fee advances under this Ordinance.
2. Parties requesting courts to
handle civil affairs shall bear first-instance court fees, regardless of
whether or not courts accept their requests, unless they are not required to
pay or are exempt from court fees under this Ordinance.
Article 40.
The obligation to pay appellate fee advances and appellate fees for handling
civil affairs
1. Parties appealing against
rulings on handling of civil affairs specified in Clauses 1,2,3,4 and 6,
Article 26 and Clauses 1,4,5 and 7, Article 28. of the Civil Procedure Code
shall pay appellate fee advances, unless they are not required to pay or are
exempt from court fee advances under this Ordinance.
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Article 41.
Time limit for paying first-instance and appellate court fee advances and their
levels
1. Court fee advance payers
shall pay first-instance or appellate court fee advances within 5 working days
after receiving court notices of payment of court fee advances, unless they
have plausible reasons for not doing so.
2. Parties obliged to pay
first-instance or appellate court fee advances for handling civil affairs shall
pay these advances at the levels prescribed for handling civil affairs.
Section 2.
OTHER COURT FEES
Article 42.
Court fee for handling civil affairs related to Vietnamese commercial
arbitration activities
Parties filing requests for
courts to handle civil affairs related to Vietnamese commercial arbitration
activities shall pay a court fee in the following cases:
1. Request for designation or
change of an arbitrator;
2. Request for application,
change or cancellation of a provisional urgent measure;
3. Request for cancellation of
an arbitral award;
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5. Request for a court to handle
other civil affairs specified by Vietnam's commercial arbitration law.
Article 43.
Court fee for recognition and permission for enforcement in Vietnam of civil
judgments or rulings of foreign courts or foreign arbitral awards
1. Individuals, agencies and
organizations shall pay a court fee in the following cases:
a/ They request Vietnamese
courts to recognize and permit civil judgments or rulings of foreign courts to
be enforced in Vietnam;
b/ They request Vietnamese
courts not to recognize civil judgments or rulings of foreign courts not
required to be enforced in Vietnam;
c/ They request Vietnamese
courts to recognize and permit foreign arbitral awards to be enforced in
Vietnam;
d/ They appeal against court
rulings on claims specified at Points a, b and c of this Clause if their
appellate claims are unaccepted.
2. When transferring files to
courts, agencies having received requests of involved parties shall enclose
court fee receipts.
Article 44.
Court fee for filing applications for opening of bankruptcy procedures
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Article 45.
Court fee for consideration of the lawfulness of strikes
Employers that file requests for
courts to consider the lawfulness of strikes shall pay a court fee.
Article 46.
Court fee for arrest of seagoing ships or aircraft
Filers of requests for courts to
arrest seagoing ships or aircrafts shall pay a court fee.
Article 47.
Court fee for judicial mandate by foreign courts in Vietnam
Foreign parties that judicially
mandate Vietnamese courts to conduct certain civil procedure activities shall
pay a court fee, unless otherwise provided for by a treaty to which the
Socialist Republic of Vietnam is a contracting party.
Article 48.
Court fee for issuance of copies of papers and photocopying of documents at
courts
Parties requesting the issuance
of copies of papers or photocopying of documents at courts shall pay a court
fee.
Article 49.
Time limit for paying other court fees
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2. Parties appealing against
court rulings specified in Clause 4, Article 42 and Point d, Clause 1, Article
43, of this Ordinance shall pay appellate court fee advances within 5 working
days after receiving court notices of payment of appellate court fees, unless
they have plausible reasons for failing to do so.
Chapter VI
COMPLAINTS AND
IMPLEMENTATION PROVISIONS
Article 50.
Settlement of complaints about court costs and fees
1. Individuals, agencies and
organizations may lodge complaints about decisions or acts of competent
agencies or persons on court cost and fee advances or court costs and fees when
having grounds to believe that these decisions or acts are unlawful and
infringe upon their rights and legitimate interests.
2. Complaints about decisions or
acts of heads of civil judgment enforcement agencies or enforcers on court
costs and fees shall be settled under the law on civil judgment enforcement.
3. Individuals, agencies and
organizations may lodge complaints with chief judges of first-instance courts
within 3 working days after receiving court notices of payment of court cost
and fee advances or court fees. Chief judges of first-instance courts shall consider
and settle these complaints within 3 working days after receiving them.
Decisions of chief judges of first-instance courts are final.
Complaints about court costs and
fees in court judgments or rulings shall be settled under the civil, criminal
or administrative procedure law.
4. Complaints about collection
of court fees by the Justice Ministry shall be settled under the law on
complaints.
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This Ordinance takes effect on
July 1, 2009.
Article 52.
Implementation guidance
The Government, the Supreme
People's Court and the Supreme People's Procuracy shall, within the ambit of
their tasks and powers, guide the implementation of this Ordinance.
ON
BEHALF OF THE NATIONAL ASSEMBLY
STANDING COMMITTEE CHAIRMAN
Nguyen Phu Trong
COURT COST AND FEE TARIFF
(Attached to February 27, 2009 Ordinance No. 10/2009/UBTVQH12)
I. COURT COSTS
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Types
of court cost
Level
(VND)
First-instance criminal court
cost
200,000
First-instance civil court cost
applicable to cases involving civil, marriage and family or labor disputes
and no monetary value
200,000
First-instance civil court
cost applicable to cases involving business or commercial disputes and no
monetary value
2,000,000
First-instance administrative
court cost
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Appellate criminal court cost
200,000
Appellate civil court cost
200,000
Appellate administrative court
cost
200.000
2. First-instance court cost levels
applicable to cases involving civil disputes and a monetary value:
Value
of disputed property
Court
cost level
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VND 200,000
b/ Between over VND 4,000,000
and VND 400,000,000
5% of the value of disputed
property
c/ Between over VND
400,000,000 and VND 800,000,000
VND 20,000,000 + 4% of the
value of disputed property exceeding VND 400,000,000
d/ Between over VND
800,000,000 and VND 2,000,000,000
VND 36,000,000 + 3% of the
value of disputed property exceeding VND 800,000,000
e/ Between over VND
2.000,000,000 and 4,000,000,000
VND 72,000,000 + 2% of the
value of disputed property exceeding VND 2,000,000,000
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VND 112,000,000 + 0.1% of the value
of disputed property exceeding VND 4,000,000,000
3. First-instance court cost
levels applicable to cases involving business or commercial disputes:
Value
of dispute
Court
cost level
a/ VND 40,000,000 or less
VND 2,000,000
b/ Between over VND 40,000,000
and VND 400,000,000
5% of the value of disputed
property
c/ Between over VND
400,000,000 and VND 800,000,000
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dl Between over VND 800,000,000
and VND 2,000,000,000
VND 36,000,000 + 3% of the
value of disputed property exceeding VND 800.000.000
e/ Between over VND
2,000,000,000 and 4.000,000,000
VND 72,000,000 + 2% of the
value of disputed property exceeding VND 2,000,000,000
f/ Over VND 4,000,000,000
VND 112,000,000 + 0.1% of the
value of disputed property exceeding VND 4,000,000.000
4. First-instance court cost
levels applicable to cases involving labor disputes and a monetary value:
Value
of dispute
Court
cost level
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VND 200,(K)()
b/ Between over VND 4,000,000
and VND 4(K).000,000
3% of the disputed value but
must be at least VND 200.000
c/ Between over VND
400,000,000 and VND 2,000,000,000
VND 12,000,000 + 2% of the disputed
value exceeding VND 400,000,000
d/ Over VND 2,000.000.000
VND 44,000,(XX) + 0.1% of the
disputed value exceeding VND 2,(XK).(KK).(MX)
II. COURT FEES
1. Court fee levels for handling
civil affairs:
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Fee
level (VND)
First-instance court fee for
handling civil affairs
200,000
Appellate court fee for
handling civil affairs
200,000
2. Court fee levels for handling
civil affairs related to Vietnamese commercial arbitration:
Court
fee
Fee
level (VND)
Court fee for requesting
courts to designate or change arbitrators
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Court fee for requesting
courts to reconsider awards of arbitration councils on arbitration agreements
or competence of arbitration councils to settle disputes
300,000
Court fee for requesting
courts to apply, change or cancel arbitration-related provisional urgent
measures
500,000
Court fee for appealing
against arbitration-related court rulings
300,000