How much is current divorce court fee in Vietnam? When can divorce court fees be reduced in Vietnam?

How much is current divorce court fee in Vietnam?

Pursuant to Section A of the List of court fees and charges issued together with Resolution 326/2016/UBTVQH14, regulations on divorce court fees are as follows:

Who has authority to resolve divorces involving foreign elements in Vietnam?

In Clause 1, Article 127 of the 2014 Law on Marriage and Family, there are regulations on divorce involving foreign elements as follows:

Divorce involving foreign elements

1. Divorce between a Vietnamese citizen and a foreigner or between two foreigners permanently residing in Vietnam shall be settled at a competent Vietnamese agency in accordance with this Law.

2. In case a partner being a Vietnamese citizen does not permanently reside in Vietnam at the time of request for divorce, the divorce shall be settled in accordance with the law of the country where the husband and wife permanently co-reside; if they do not have a place of permanent co-residence, the Vietnamese law shall apply.

3. The settlement of a divorced couple’s immovables in a foreign country must comply with the law of the country where such immovables are located.

At Point d, Clause 1, Article 469 of the 2015 Civil Procedure Code, there are regulations on common jurisdiction of Vietnamese Courts to resolve civil cases involving foreign elements as follows:

Common jurisdiction of Vietnamese Courts to resolve civil cases involving foreign elements

1. Vietnamese Courts shall have the jurisdiction to resolve civil cases involving foreign elements in the following cases:

 

...

d) The divorce cases with the plaintiffs or the defendants being Vietnamese citizens or involved parties being foreigners who reside, work or live for a long term in Vietnam;

...

Thus, Vietnamese courts have the authority to resolve divorces involving foreign elements in Vietnam in cases where the plaintiff or defendant is a Vietnamese citizen or the litigants are foreigners residing, doing business, or living long term in Vietnam.

Note: In case the party is a Vietnamese citizen who does not permanently reside in Vietnam at the time of requesting a divorce, the divorce will be resolved according to the law of the country where the couple permanently resides; If they do not have a common permanent residence, it will be resolved according to Vietnamese law (according to Clause 2, Article 127 of the Law on Marriage and Family 2014).

How much is current divorce court fee in Vietnam? When can divorce court fees be reduced in Vietnam? (Image from the Internet)

When can divorce court fees be reduced in Vietnam?

Article 13 of Resolution 326/2016/UBTVQH14 stipulates partial remission of court cost and fee advances and court costs and fees, including:

1. Persons who witness force majeure events that make them unable to pay for court cost and fee advances and court costs and fees as confirmed by the People’s Committee of their commune shall be approved to have a partial remission of 50% of the payment thereof.

2. Persons mentioned in clause 1 of this Article shall be subject to the whole court costs and fees if they:

c. Can prove that the persons getting the partial remission of court cost and fee advances and court costs and fees are not those who witness the force majeure events that make them having no properties to pay for the sums thereof.

b. Have properties which are used to pay for the whole court costs and fees that they have to bear according to the effective judgments and/or rulings of the Court.

3. If the parties agree that one party shall be subject to the full court cost or a partial court cost but this party is eligible for the partial remission thereof, the court shall only consider approving the partial remission of 50% of the court cost to which such party is subject as specified in the regulations hereof.

They shall not get a partial remission for the court costs and fees of another person who they help to pay.

Note: The portion of the divorce court fee that that person accepts to pay on behalf of another person cannot be reduced.

Who has to pay the divorce court fees?

Article 147 of the 2015 Civil Procedure Code stipulates obligation to bear first-instance Court fees:

Obligation to bear first-instance Court fees

1. The involved parties must bear the first-instance Court fees if their petitions are not accepted by courts, except for cases where they are exempted from, or do not have to pay such fees.

2. In cases where the involved parties cannot themselves determine their portions in the common properties and petition the Courts to settle the division of the common properties, each party must bear the first-instance Court fee corresponding to the value of the property portion she/he enjoys.

3. Prior to the opening of Court sessions, the Courts shall conduct mediations; if the involved parties have reached mutual agreement on the resolution of cases, they must bear 50% of the first-instance Court fee level prescribed in Clauses 1 and 2 of this Article.

4. The plaintiffs in divorce cases must pay first-instance Court fees, without depending on whether the Courts accept their petitions or not. In cases where both parties voluntarily agree on their divorce, each involved party must bear half of the first-instance Court fees.

5. If an involved party to a case is exempted from the first-instance Court fee, then the other involved party shall still have to pay the first-instance Court fee payable under Clauses 1, 2, 3 and 4 of this Article.

6. Where the case is suspended, the obligation to pay first-instance Court fee shall be decided when the resolution of the case resumes in accordance with the provisions in this Article.

Thus, in case the spouse is the one filing the lawsuit, that person is obliged to pay the first instance court fee in Vietnam.

In case both husband and wife agree to divorce, each party must bear half of the first instance court fee in Vietnam.

Best regards!