What are levels of court fees and court fee advances when initiating land dispute lawsuits in Vietnam?
What are levels of court fees and court fee advances when initiating land dispute lawsuits in Vietnam?
Based on Clause 2, Article 27 of Resolution 326/2016/UBTVQH14 regulating the obligation to bear the first instance civil court fees for certain specific types of cases:
Article 27. Obligation to Bear the First Instance Civil Court Fees for Certain Specific Types of Cases
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- For disputes over property ownership and land use rights, the obligation to bear the first instance civil court fees is determined as follows:
a) In disputes over property ownership and land use rights where the Court does not consider values, but only considers who has the ownership and land use rights, the parties must bear the first instance civil court fees as if the case has no monetary value;
b) In disputes over property ownership and land use rights where the Court must determine the value of the property or determine ownership, land use rights by parts, the parties must bear the first instance civil court fees as in cases with monetary value for the portion of the value they benefit from.
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Based on Article 7 of Resolution 326/2016/UBTVQH14 regulating the level of advance payment of court fees and charges:
Article 7. Level of Advance Payment of Court Fees and Charges
- The level of advance payment of appellate civil court fees in a criminal case is equal to the level of advance payment of appellate civil court fees.
- The level of advance payment of first instance civil court fees in a civil case without monetary value is equal to the non-monetary first instance civil court fee. The percentage of advance payment for first instance civil court fees in a civil case with a monetary value is 50% of the projected first instance civil court fee based on the value of assets in dispute requested by the party, but not less than the non-monetary first instance civil court fee.
The level of advance payment of appellate civil court fees in a civil case is equal to the appellate civil court fee.
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According to the Fee and Charge List attached to Resolution 326/2016/UBTVQH14 regulating the court fees and advance payments when filing a land dispute lawsuit as follows:
[1] First Instance Court Fees
| No. | Value of Disputed Property | Court Fee | Advance Court Fee |
|---|---|---|---|
| 1 | Up to 6 million VND | 300,000 VND | |
| 2 | Over 6 - 400 million VND | 5% of the value of the disputed property | Equal to 50% of the first instance civil court fee with monetary value projected by the Court based on the value of the disputed property requested by the parties, but not less than the non-monetary first instance court fee in civil cases. |
| 3 | Over 400 - 800 million VND | 20 million VND + 4% of the value exceeding 400 million VND | Equal to 50% of the first instance civil court fee with monetary value projected by the Court based on the value of the disputed property requested by the parties, but not less than the non-monetary first instance court fee in civil cases. |
| 4 | Over 800 million - 2 billion VND | 36 million VND + 3% of the value exceeding 800 million VND | Equal to 50% of the first instance civil court fee with monetary value projected by the Court based on the value of the disputed property requested by the parties, but not less than the non-monetary first instance court fee in civil cases. |
| 5 | Over 2 - 4 billion VND | 72 million VND + 2% of the value exceeding 2 billion VND | Equal to 50% of the first instance civil court fee with monetary value projected by the Court based on the value of the disputed property requested by the parties, but not less than the non-monetary first instance court fee in civil cases. |
| 6 | Over 4 billion VND | 112 million VND + 0.1% of the value exceeding 4 billion VND | Equal to 50% of the first instance civil court fee with monetary value projected by the Court based on the value of the disputed property requested by the parties, but not less than the non-monetary first instance court fee in civil cases. |
[2] Appellate Court Fees
- Court Fee: 300,000 VND
- Advance Court Fee: 300,000 VND
What are levels of court fees and court fee advances when initiating land dispute lawsuits in Vietnam? (Image from the Internet)
In which cases can a land dispute be resolved through commercial arbitration in Vietnam?
Pursuant to Article 236 of the Land Law 2024 regulating the authority to resolve land disputes:
Article 236. Authority to Resolve Land Disputes
- Land disputes where the disputing parties or one of the disputing parties have a Land Use Rights Certificate, Certificate of Ownership of Residential House and Land Use Rights, Certificate of Ownership of Residential House, Certificate of Ownership of Construction Works, Certificate of Land Use Rights, Ownership of Residential House and Other Assets Attached to the Land, Certificate of Land Use Rights, Ownership of Assets Attached to the Land or one of the types of documents specified in Article 137 of this Law and disputes over assets attached to the land shall be resolved by the Court.
- Land disputes where the disputing parties do not have a Land Use Rights Certificate, Certificate of Ownership of Residential House and Land Use Rights, Certificate of Ownership of Residential House, Certificate of Ownership of Construction Works, Certificate of Land Use Rights, Ownership of Residential House, and Other Assets Attached to the Land, or do not have one of the types of documents specified in Article 137 of this Law, the disputing parties may choose one of the following types of resolution:
a) Submit applications for dispute resolution at the competent People's Committee as stipulated in Clause 3 of this Article;
b) File lawsuits at the competent Court following the provisions of the law on civil procedure.
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- Disputes between parties arising from commercial activities related to land are resolved by the Court according to civil procedure laws or by the Vietnam Commercial Arbitration under the commercial arbitration law provisions.
- People's Committees at all levels have the responsibility to provide records and documents related to land management and use when requested by the Court or Vietnam Commercial Arbitration to serve as a basis for resolving land disputes.
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Based on the aforementioned regulations, when disputes between parties arise from commercial activities related to land, they can be resolved by the Vietnam Commercial Arbitration according to the provisions of commercial arbitration law.
Is arbitration required to conduct mediation when resolving disputes in Vietnam?
Based on Article 58 of the Commercial Arbitration Law 2010 regulating mediation and recognition of successful mediation:
Article 58. Mediation and Recognition of Successful Mediation
At the request of the parties, the arbitration panel conducts mediation to allow the parties to agree on dispute resolution. When the parties reach an agreement on dispute resolution, the arbitration panel shall draw up a successful mediation record signed by the parties and confirmed by the Arbitrators. The arbitration panel issues a decision to recognize the agreement of the parties. This decision is final and has the value of an arbitral award.
Therefore, commercial arbitration resolving disputes is not required to conduct mediation. The mediation process for dispute resolution in commercial arbitration shall be agreed upon by the parties.
