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 XI th 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
This Ordinance applies to Vietnamese and foreign agencies, organizations and individuals related to court costs and fees.
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:
a/ Fee for recognition and permission for enforcement in Vietnam of civil, labor, business or commercial judgments and rulings and property rulings in criminal or administrative judgments and rulings of foreign courts;
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;
b/ Fee for issuance of copies of court judgments and rulings;
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.
2. Court fee advances for settlement of civil affairs include first-instance court fee advances and appellate court fee advances for appealed first-instance court rulings under the Civil Procedure Code.
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:
1. Persons who lodge complaints about or file lawsuits against lists of voters to elect National Assembly deputies or People's Council deputies;
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;
4. Persons who lodge complaints about or file lawsuits against administrative decisions or acts in the application of administrative measures of education in communes, wards or townships; consignment to reformatories, reeducation facilities or medical treatment establishments;
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.
Article 13. Exemption from payment of whole court fee advances and court fees
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;
b/ Full name and address of the applicant;
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
1. Before accepting civil cases for handling, judges who are assigned by court chief judges are competent to examine applications for exemption from court fee advances.
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.
7. In case civil or administrative cases are terminated under Clause 1, Article 192 of the Civil Procedure Code or Points a, b and c. Clause 1, Article 41 of the Ordinance on Procedures for Handling Administrative Cases, paid court cost advances shall be remitted into the state budget.
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
nbsp;COURT COSTS IN CRIMINAL CASES
Article 20. Types of court cost in criminal cases
1. First-instance criminal court cost.
2. Appellate criminal court cost.
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.
Article 23. The obligation to bear appellate court costs in criminal cases
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
Article 24. Types of court cost in civil cases
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 countershy;claims 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.
3. For a case with more than one defendant each of whom makes an independent counter-claim, each defendant shall pay a court cost advance for his/her/its own claim. If these defendants make the same claim, they shall jointly pay the court cost advance.
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.
6. Persons with related interests and obligations making independent claims shall bear first-instance civil court costs in proportion to parts of their independent claims unaccepted by courts. Obligors under independent claims of persons with related interests and obligations shall bear first-instance civil court costs in proportion to parts of independent claims accepted by courts.
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.
2. The appellate civil court cost advance level is equal to the appellate civil court cost level.
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.
7. If in a case a party is not required to pay or is exempt from the appellate civil court cost, other arties shall still bear this cost under Clauses 1,4, 5 and 6 of this Article.
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.
2. Parties claiming damages in administrative cases are not required to pay first-instance administrative court cost advances.
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.
2. The appellate administrative court cost advance is equal to the appellate administrative court cost level.
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.
Chapter V
COURT FEES
Section I. COURT FEES FOR HANDLING CIVIL AFFAIRS
Article 38. Fees for handling civil affairs
Fees for handling civil affairs include first-shy;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.
2. Appealing parties are not required to bear appellate court fees in case their appellate claims are accepted by courts and shall bear appellate court fees in case their appellate claims are unaccepted by courts.
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;
4. Appeal against a court ruling, in case appellate claims are unaccepted by courts;
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
When filing applications for opening of bankruptcy procedures, owners of enterprises or their lawful representatives, cooperatives, shareholders of joint-stock companies, partners of partnerships, members of limited liability companies, unsecured or partially secured creditors shall pay a court fee.
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
1. Parties requesting courts to perform jobs specified in Articles 42 thru 48 of this Ordinance shall pay fees to competent agencies defined in Article 9 of this Ordinance within a time limit specified by law.
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.
Article 51. Effect
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.
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COURT COST AND FEE TARIFF
(Attached to February 27, 2009 Ordinance No. 10/2009/UBTVQH12)
I. COURT COSTS
1. First-instance and appellate criminal court cost levels; first-instance civil court cost levels applicable to civil cases involving no monetary value and appellate civil court cost levels; first-instance and appellate administrative court cost levels:
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Types of court cost
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Level (VND)
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First-instance criminal court cost
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200,000
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First-instance civil court cost applicable to cases involving civil, marriage and family or labor disputes and no monetary value
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200,000
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First-instance civil court cost applicable to cases involving business or commercial disputes and no monetary value
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2,000,000
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First-instance administrative court cost
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200.000
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|
Appellate criminal court cost
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200,000
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Appellate civil court cost
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200,000
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Appellate administrative court cost
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200.000
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2. First-instance court cost levels applicable to cases involving civil disputes and a monetary value:
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Value of disputed property
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Court cost level
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a/ VND 4,000,000 or less
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VND 200,000
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b/ Between over VND 4,000,000 and VND 400,000,000
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5% of the value of disputed property
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|
c/ Between over VND 400,000,000 and VND 800,000,000
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VND 20,000,000 + 4% of the value of disputed property exceeding VND 400,000,000
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d/ Between over VND 800,000,000 and VND 2,000,000,000
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VND 36,000,000 + 3% of the value of disputed property exceeding VND 800,000,000
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e/ Between over VND 2.000,000,000 and 4,000,000,000
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VND 72,000,000 + 2% of the value of disputed property exceeding VND 2,000,000,000
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f/ Over VND 4,000,000,000
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VND 112,000,000 + 0.1% of the value of disputed property exceeding VND 4,000,000,000
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3. First-instance court cost levels applicable to cases involving business or commercial disputes:
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Value of dispute
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Court cost level
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a/ VND 40,000,000 or less
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VND 2,000,000
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b/ Between over VND 40,000,000 and VND 400,000,000
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5% of the value of disputed property
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c/ Between over VND 400,000,000 and VND 800,000,000
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VND 20,000,000 + 4% of the value of disputed property exceeding VND 400,000,000
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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
|
|
a/ VND 4.(KX),000 or less
|
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:
|
Court fee
|
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
|
200,000
|
|
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
|