In what cases can divorce court fees be reduced in Vietnam?

Who has to pay the divorce court fees in Vietnam?

Pursuant to Article 147 of the 2015 Civil Procedure Code, which stipulates the 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 a divorce case, the spouse who files the lawsuit is obliged to pay the court fees. In case both husband and wife agree to divorce, each party must bear half of the first instance court fee in Vietnam.

In what cases can divorce court fees be reduced in Vietnam? (Image from the Internet)

In what cases can divorce court fees be reduced?

Pursuant to Article 13 of Resolution 326/2016/UBTVQH14 stipulating 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 in Vietnam.

Who is exempt from divorce court fees?

In Clause 1, Article 12 of Resolution 326/2016/UBTVQH14, there are regulations on full remission of court cost and fee advances and court costs and fees as follows:

Full remission of court cost and fee advances and court costs and fees

1. The following cases are eligible for the full remission of court cost advances and court costs:

a. Laborers who file lawsuits to request for payment of salaries, job loss allowance, severance allowance, social insurance payout, compensations for labor accidents or occupational diseases; settlement of claims for damages or compensations for unlawful dismissal or labor contract termination.

b. Persons who claim support or request identification of parents for minor children or adult children who have lost their civil act capacity.

c. Persons who lodge complaints about or file lawsuits against administrative decisions or acts of applying education and administrative measures in communes, wards or townships;

d. Persons who claim compensations for their life, health, honor or dignity.

dd. Children; poor individuals and households; the elderly; the disabled; people with meritorious services to the revolution; ethnic minority groups in severely disadvantaged communes; relatives of martyrs who are issued with the martyr certificates by competent regulatory agencies.

2. Entities mentioned in clause 1dd of this Article are eligible for the full remission of court fee advances and court fees according to clause 1, Article 4 hereof.

3. If the parties agree that one party shall be subject to the whole court cost or a partial court cost while this party is eligible for the full remission of court costs, the court shall consider approving the full remission of the partial court cost to which such party is subject as specified in the regulations hereof. This party is not eligible for the full remission of the court cost and fee which they pay for another party.

Thus, subjects exempt from divorce court fees in Vietnam include:

- Individuals from poor or near-poor households.

- Elderly.

- People with disabilities.

- People who contributed to the revolution.

- Ethnic minorities in communes with particularly difficult economic conditions.

- Martyrs' relatives are granted a Martyr's Family Certificate by a competent State agency.

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