Procedures for paying the advance on appraisal costs in civil cases in Vietnam from July 1, 2025

Procedures for paying the advance on appraisal costs in civil cases in Vietnam from July 1, 2025​ (Image from the Internet)

The Standing Committee of the National Assembly of Vietnam passed the Ordinance on Procedural Costs 05/2024/UBTVQH15 (hereinafter referred to as the Ordinance on cost for proceedings in 2024) on December 11, 2024.

Procedures for paying the advance on appraisal costs in civil cases in Vietnam from July 1, 2025

According to Article 38 of the Ordinance on cost for proceedings in 2024, the procedures for paying the advance on appraisal costs in civil cases in Vietnam are as follows:

- Within 5 working days from the date of receiving the court's decision to appoint an assessment, the organization or individual conducting the assessment must inform the court of the amount, deadline, and method of payment of advance assessment costs.

- Within 2 working days from the date of receiving the notice from the organization or person conducting the assessment, the court is responsible for notifying the obligated party to pay the advance assessment costs to the court.

- Within 7 days from the date of receiving the court's notice or within 5 working days from the date of receiving the decision not to accept the request for exemption or reduction of advance assessment costs or the decision to reduce advance assessment costs, the obligated party must pay the advance assessment costs to the court unless otherwise stipulated by law.

- Within 2 working days from the date of collecting the advance assessment costs, the court must transfer this amount to the organization or person conducting the assessment. The organization or individual conducting the assessment must issue an invoice or receipt for the advance assessment costs to the court.

Provisions on salary and remuneration costs for organizations and individuals conducting assessments in civil cases in Vietnam

The provisions on salary and remuneration costs for organizations and individuals conducting assessments in civil proceedings according to Article 34 of the Ordinance on cost for proceedings in 2024 are as follows:

- The organization conducting the assessment, based on the content of the assessment request, the volume of work, the time required to conduct the assessment, and the legal regulations on salary policies applicable to their agency or organization, determines the salary costs to notify the procedural authorities.

- The judicial expert, or case-based judicial expert not paid from the state budget, based on the content of the assessment request, the volume of work, the time required to conduct the assessment, and their actual salary and income, determines a reasonable remuneration and notifies the procedural authorities.

- The judicial expert, or case-based judicial expert paid from the state budget, based on legal regulations on judicial expertise allowance policies, determines the judicial expertise remuneration and notifies the procedural authorities.

Provisions on depreciation costs, wear and tear, and consumable supplies costs when conducting assessments in civil cases in Vietnam

The costs of depreciation, wear and tear of machinery, equipment, and consumable supplies when conducting assessments in civil proceedings according to Article 35 of the Ordinance on cost for proceedings in 2024 are as follows:

- An organization or person conducting the assessment, when using machinery, equipment, and materials, is entitled to determine the costs of wear and tear, depreciation of machinery, equipment, and consumable supplies.

- The wear and tear, depreciation costs of machinery, equipment, and consumable supplies are determined based on the volume of work, procedures for conducting the assessment, standards, and norms appropriate to the assessment field.

In cases where there are no specific legal regulations regarding the norms for wear and tear, depreciation of machinery, equipment, and consumable materials, the organization or person conducting the assessment shall determine costs based on relevant regulations and conditions for using the machinery, equipment, and materials for assessment. They must be accountable for the appropriateness of the determined costs and notify the procedural authorities that issued the assessment appointment decision according to the procedure stipulated in Clause 1 of Article 38 of the Ordinance on cost for proceedings in 2024.

The Ordinance on cost for proceedings in 2024 comes into effect on July 1, 2025.

The Ordinance on Assessment, Pricing Fees; costs for witnesses and interpreters in Procedure 02/2012/UBTVQH13 is invalid as of the effective date of the Ordinance on cost for proceedings in 2024.

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