Cases exempt from advance payment of on-site inspection and assessment costs in civil proceedings in Vietnam from July 1, 2025

Cases exempt from advance payment of on-site inspection and assessment costs in civil proceedings in Vietnam from July 1, 2025​ (Image from the Internet)

The National Assembly Standing Committee of Vietnam passed the Ordinance on civil proceedings costs 05/2024/UBTVQH15 (referred to as the Ordinance on civil proceedings costs in 2024) on December 11, 2024.

Cases exempt from advance payment of on-site inspection and assessment costs in civil proceedings in Vietnam from July 1, 2025

According to Article 7 of the Ordinance on civil proceedings costs in 2024, individuals exempted from advance payment of on-site examination, appraisal costs; exempted from on-site assessment costs, appraisal costs in civil and administrative proceedings include:

- Children.

- Individuals belonging to poor households, near-poor households.

- The elderly benefiting from social protection policies as per the law on the elderly.

- Individuals with disabilities benefiting from social protection policies as prescribed by the law on individuals with disabilities.

- Persons with merits for the revolution.

- Ethnic minority people residing in villages, communes with particularly difficult socio-economic conditions.

- Biological parents, spouses, biological or adoptive children of martyrs, or individuals who have contributed to the care of martyrs.

- Persons affected by Agent Orange.

Principles of exemption and reduction of advance payment of on-site assessment costs in civil proceedings in Vietnam

According to Article 6 of the Ordinance on civil proceedings costs in 2024, the principles for exemption and reduction of advance payment, on-site examination, appraisal costs in civil, and administrative proceedings are as follows:

- The exemption and reduction of advance payments for on-site examination, appraisal costs apply to individuals specified in Articles 7 and 8 of the Ordinance on civil proceedings costs in 2024 who have requests accepted by the court. The exemption, reduction only applies to examinations conducted by public authorities, public service providers, and public forensic organizations.

- If parties agree for one party to bear all or part of the costs subject to submission, and if said party meets the conditions for exemption or reduction, the court will only consider exemption or reduction for the portion the exempted or reduced party must bear as prescribed by the Ordinance on civil proceedings costs in 2024. Costs borne by that party on behalf of others are not entitled to exemption or reduction.

Procedures for requesting exemption of advance payment of on-site assessment costs in Vietnam

According to Article 9 of the Ordinance on civil proceedings costs in 2024, the procedure for requesting exemption, reduction of advance payment, on-site assessment costs, appraisal costs, in civil and administrative proceedings is as follows:

- Within 5 working days from receiving the notice to pay advance on-site assessment costs or appraisal costs, the person obligated to pay, who qualifies for exemption or reduction as specified in Articles 7 and 8 of the Ordinance on civil proceedings costs in 2024, must submit a request for exemption or reduction to the court with supporting documents proving eligibility.

- The request for exemption or reduction of advance payment, on-site assessment costs, must include the following main contents:

+ Date of the application;

+ Full name, address of the applicant;

+ Subject to on-site examination; subject to judicial appraisal;

+ Reason, basis for the request for exemption, reduction.

- If exempted or reduced advance payment for on-site examination, appraisal costs, the proceeding authority conducting the examination or the judicial appraisal institution is responsible for paying the exempted or reduced amount.

The Ordinance on civil proceedings costs in 2024 takes effect from July 1, 2025.

The Ordinance on Appraisal Costs, Valuation Costs; Costs for Witnesses, Interpreters in Proceedings 02/2012/UBTVQH13 ceases to be effective from the date the Ordinance on civil proceedings costs in 2024 takes effect.

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