Determination of asset valuation costs in civil proceedings and administrative proceedings in Vietnam from July 1, 2025

Determination of asset valuation costs in civil proceedings and administrative proceedings in Vietnam from July 1, 2025​ (Image from the internet)

The Standing Committee of the National Assembly of Vietnam passed Ordinance 05/2024/UBTVQH15 on civil proceedings in 2024 on December 11, 2024.

Determination of asset valuation costs in civil proceedings and administrative proceedings in Vietnam from July 1, 2025​ 

According to Article 21 of Ordinance 05/2024/UBTVQH15, asset valuation costs include one or several of the following expenses:

(1) Costs for members of the Valuation Council, including:

- Remuneration costs as stipulated in the List of some proceedings costs issued with Ordinance 05/2024/UBTVQH15;

- Travel expenses;

- Accommodation rental expenses;

- Per diem.

(2) Costs for collecting and analyzing information on the object to be valued;

(3) Costs for consumable materials;

(4) Costs for using services;

(5) Other costs.

Procedure for paying advanced asset valuation costs in civil and administrative procedures in Vietnam from July 1, 2025

The procedure for paying advanced asset valuation costs is stipulated in Article 26 Ordinance 05/2024/UBTVQH15 as follows:

- Within 5 working days from the date of establishment, the Valuation Council must notify the Court of the amount, deadline, and method for paying the advanced asset valuation costs.

- Within 2 working days from receiving the notification from the Valuation Council, the Court is responsible for notifying the person obliged to pay the advanced asset valuation costs.

- Within 7 days from receiving the Court’s notification, the obligated person must pay the advanced asset valuation costs, except in cases where the parties agree otherwise or other legal provisions apply.

- Within 2 working days from collecting the advanced asset valuation costs, the Court must transfer this amount to the Valuation Council. The Valuation Council must issue a receipt for the advanced asset valuation costs to the Court.

Obligation to pay advances, bear costs, and handle advanced asset valuation costs in civil and administrative procedures in Vietnam from July 1, 2025

The obligation to pay advances, bear costs, and handle advanced asset valuation costs is stipulated in Article 25 Ordinance 05/2024/UBTVQH15 as follows:

- The obligation to pay advances, bear costs, and handle advanced asset valuation costs in resolving civil matters is implemented according to the provisions of Articles 164, 165, and 166 of the Civil Procedure Code 2015.

- The obligation to pay advances, bear costs, and handle advanced asset valuation costs in resolving administrative cases is implemented according to the provisions of Articles 365, 366, and 367 of the Administrative Procedure Law 2015.

Regulations on proceedings costs

The regulations on proceedings costs according to Article 4 Ordinance 05/2024/UBTVQH15 are as follows:

- The level of remuneration for persons participating in procedural activities and adjudication allowances for jurors are stipulated in the List of some proceedings costs issued with Ordinance 05/2024/UBTVQH15.

- Expenses outside the provisions of Clause 1, Article 4 of Ordinance 05/2024/UBTVQH15 are determined as follows:

+ For expenses that have policies, standards, and norms set by competent state agencies, the expenses are based on those policies, standards, and norms;

+ For the costs of using services, collecting and analyzing information, consumable materials, and other costs, the expenses are based on actual occurrences per contracts (if any), invoices, and documents according to legal regulations.

Ordinance 05/2024/UBTVQH15 comes into effect on July 1, 2025.

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