Vietnam: Who shall have the obligation to pay expense for property valuation?

- The valuation-requesting person shall pay valuation expense if the valuation result proves that his/her request is unfounded.

- The person rejecting a valuation request shall pay valuation expense if the valuation result proves that such request is well-founded.

- In case the involved parties fail to agree on the property price and jointly request the court to decide on its valuation, each party shall pay half of the advance on property valuation expense. For a case involving many parties, the parties shall jointly pay advance on property valuation expense at the levels decided by the court.

- In case the court issues a property valuation decision as prescribed in Point b, Clause 1, Article 92 of the Civil Procedure Code or in cases deemed necessary by the court as prescribed in Clause 1, Article 85 of the Law on Administrative Procedures, the obligation to pay valuation expense shall be determined as follows:

+ Each involved party shall pay half of the valuation expense, if the valuation result proves that the court's valuation decision is well-founded;

+ The court shall pay valuation expense if the valuation result proves that the court's valuation decision is unfounded.

- In case of property valuation for division of property under common ownership or division of inheritance property, each person entitled to property division shall pay part of valuation expense in proportion to the property value divided to him/her.

- In case the person who has paid advance on property valuation expense or property valuation expense is not obliged to do so, the person who is obliged to pay such expense under the court's decision shall return the former the paid amount.

The court shall, pursuant to the above provisions, decide on the obligation to pay valuation expense and return valuation expense for involved parties in its judgments or decisions.

The Ordinance on Assessment and Valuation Expenses and Expenses for witness and interpreter in Legal Procedures takes effect from January 01, 2013.

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