What are the 09 costs of proceedings according to Ordinance 05? What are regulations on the budget, payment, and settlement of costs of proceedings in Vietnam?

What are the 09 costs of proceedings in Vietnam according to Ordinance 05?

Based on Article 3 of Ordinance 05/2024/UBTVQH15 (effective from July 1, 2025), it stipulates the 09 costs of proceedings as follows:

(1) Costs for on-site inspection and assessment;

(2) Asset valuation costs;

(3) Appraisal costs;

(4) Costs for jurors;

(5) Costs for lawyers, legal aid providers, people's advocates;

(6) Costs for witnesses and observers;

(7) Costs for interpreters and translators;

(8) Costs for judicial delegation abroad;

(9) Costs for attending court sessions and meetings related to case proceedings.

What are regulations on the costs for lawyers, legal aid providers, and people's advocates in cases of advocate appointed in criminal proceedings in Vietnam?

According to Chapter 6 of Ordinance 05/2024/UBTVQH15 concerning costs for lawyers, legal aid providers, and people's advocates in cases of advocate appointed in criminal proceedings, the specifics are as follows:

(1) Determining costs for lawyers, legal aid providers, people's advocates in cases of advocate appointed

- Costs for a defense lawyer appointed by a law practice organization are determined according to legal regulations on lawyers; costs for a defense lawyer as a legal aid provider, lawyer appointed by a State legal aid center are determined according to legal regulations on legal aid.

- Costs for people's advocates include one or more of the following:

+ Fees as stipulated in the Schedule of certain costs of proceedings issued with this Ordinance;

+ Travel expenses;

+ Accommodation expenses;

+ Per diem;

+ Other expenses.

(2) Responsibility for paying costs for lawyers, legal aid providers, people's advocates in cases of advocate appointed

- The competent authority conducting legal proceedings that assigns a defense lawyer is responsible for paying costs for defense lawyers appointed by a law practice organization, and people's advocates appointed by the Vietnam Fatherland Front and its member organizations.

- The State legal aid center is responsible for paying costs for defense lawyers as legal aid providers, in cases where the center appoints the defense lawyer.

What are the 09 costs of proceedings according to Ordinance 05? (Image from the Internet)

What are regulations on the budget, payment, and settlement of costs of proceedings in Vietnam?

Based on Article 72 of Ordinance 05/2024/UBTVQH15 concerning the budget, payment, and settlement of costs of proceedings:

- Annually, based on the actual costs of proceedings expensed in the previous year, the competent authority conducting proceedings and related agencies are responsible for preparing a budget estimate for costs of proceedings to consolidate into their respective budget estimates, submitting to competent state agencies for decision according to legal regulations on the state budget.

- The Government of Vietnam details the procedures for preparing, paying, and settling costs of proceedings.

What are the current principles of the state budget balance in Vietnam?

Based on Article 7 of the Law on State Budget 2015 regulating the principles of state budget balance as follows:

- Revenues from taxes, fees, charges, and other revenues as per legal stipulations are fully accounted into the state budget balance, following the principle of not linking with specific spending tasks. In cases where there is a revenue linked with specific spending tasks as per legal stipulations, it is arranged correspondingly from these revenues in the budget expenditure estimates for implementation. Tax revenue policies must ensure the principle of budget balance in the medium and long term and comply with international integration commitments.

- The state budget is balanced on the principle that total revenues from taxes, fees, and charges must exceed total regular expenditures and increasingly contribute to developmental investment; if there is a deficit, it must be less than the development investment expenditure, aiming towards balancing revenues and expenditures; in special cases, the Government of Vietnam submits to the National Assembly for consideration and decision. In cases of budget surplus, it is used for repayment of principal and interest of state budget loans.

- Borrowing to compensate for the state budget deficit is only used for developmental investment, not for regular expenditures.

- Central budget deficit is supplemented from the following sources:

+ Domestic borrowing through the issuance of government bonds, construction bonds for the Fatherland, and other domestic loans as per legal provisions;

+ Foreign borrowing from loans of the Government of Vietnam, international organizations, and government bond issuance on the international market, excluding loans for re-lending.

- Local budget deficit:

+ Provincial-level local budgets can run a deficit; local budget deficits are only used for investment in projects in the medium-term public investment plan approved by the provincial-level people’s council;

+ Local budget deficits are supplemented by domestic borrowing through the issuance of local government bonds, re-loaning from sources the Government of Vietnam borrowed for re-lending, and other domestic loans as per legal regulations;

+ Local budget deficits are consolidated into the state budget deficit and decided by the National Assembly. The Government of Vietnam specifies conditions under which local budget deficits are allowed to ensure they align with local repayment ability and the overall state budget deficit level.

- The level of local budget debt borrowings:

+ For Hanoi City and Ho Chi Minh City, it must not exceed 60% of local budget revenues enjoyed according to allocation;

+ For localities with local budget revenues higher than regular local budget expenditures, it must not exceed 30% of revenues enjoyed according to allocation;

+ For localities with local budget revenues lower or equal to regular local budget expenditures, it must not exceed 20% of revenues enjoyed according to allocation.