What are the current court fees in Vietnam? What is the time limit for payment of court fee advances and court costs and fees in Vietnam? - Kim Le (Da Nang, Vietnam)
Article table of contents
Summary of current court fees in Vietnam (Internet image)
1. Court fees in Vietnam
According to Article 4 of Resolution 326/2016/UBTVQH14, current court fees include:
- Fee for settlement of civil, marriage and family, business, commercial or labor disputes within the competence of the court specified in clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10, Article 27; clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11, Article 29; clauses 1 and 6, Article 31; clauses 1 and 5, Article 33 of the Civil Procedure Code 2015.
- Fee for recognition and enforcement of the judgments and rulings of foreign courts or foreign competent agencies in Vietnam, or non-recognition of the judgments and rulings thereof, or recognition and enforcement of the foreign arbitral awards in Vietnam, including:
+ Fee for recognition and enforcement of the judgments and rulings of foreign courts or foreign competent agencies in Vietnam, or non-recognition of the judgments and rulings thereof, or recognition and enforcement of the foreign arbitral awards specified in clause 5, Article 27; clause 9, Article 29; clause 4 and clause 5, Article 31; clause 3 and clause 4, Article 33 of the Civil Procedure Code 2015.
+ Fee for appealing against the court decision on recognition and enforcement of the judgments and rulings of foreign courts in Vietnam; and foreign arbitral awards.
- Fee for handling the request related to the Vietnamese commercial arbitrator's settlement of disputes specified in the law on commercial arbitration.
- Fee for filling applications for opening bankruptcy procedures.
- Fee for consideration of the lawfulness of strikes.
- Fee for arrest of seagoing ships or aircraft.
- Fee for judicial assistance by foreign courts in Vietnam.
- Fee for judicial assistance
- Fees for issuance of copies of papers and photocopying of documents at courts, including:
+ Fee for photocopying of documents and evidence in case files compiled by courts.
+ Fee for issuance of copies of court judgments and rulings.
+ Fee for issuance of copies of certificates of criminal record obliteration.
+ Fee for issuance of copies of other papers of courts.
2. Time limit for payment of court fee advances and court costs and fees in Vietnam
* Time limit for paying court fee advances:
- Court fee advances for settlement of civil matters:
The payer of fee advances shall pay for the first-instance and appellate court fee advances and submit the receipts to the Court within 05 working days after receiving the Court's notification of the payments of court fee advances, unless they have plausible reasons for failing to do so.
- Other court fee advances:
The parties appealing against the court's decisions specified in clause 5, Article 38, clause 4, Article 39 of Resolution 326/2016/UBTVQH14 shall pay for the appellate court fee advances within 05 working days after receiving the Court's notice of the payments of Resolution 326/2016/UBTVQH14, unless they have plausible reasons for failing to do so.
* Time limit for paying court costs and fees:
- The parties who are obligated to pay for the court costs and fees shall pay for such fees by the effective date of the judgments and rulings of the Court.
- The parties who request the Court to handle the cases specified in Articles from 38 to 45 of Resolution 326/2016/UBTVQH14 shall pay for the court costs specified by the competent authorities in Article 10 hereof within the period of time regulated by laws.
(Clause 3 and 5, Article 17 of Resolution 326/2016/UBTVQH14)
3. Cases unrequired to pay for the court cost and fee advances and are not subject to court fees in Vietnam
Specifically, in Article 11 of Resolution 326/2016/UBTVQH14, the following entities are not required to pay for the court cost and fee advances and are not subject to court fees:
- Laborers who request the courts in writing to open procedures for bankruptcy of enterprises or cooperatives mentioned in clause 2, Article 5, clause 1a, Article 105 of the Law on bankruptcy 2014;
- Grassroots trade union executive boards which request the courts to examine the lawfulness of strikes;
- Representatives of labor collectives who request the courts to examine the lawfulness of strikes;
- Agencies and organizations which request the courts to invalidate unlawful marriages; change the custodians of the children; restrict the parental rights over adolescents; require the persons involuntarily to fulfill their support obligations to carry out such obligations as specified in clause 2 of Article 10, clause 5 of Article 84, clause 2 of Article 86, clause 2 of Article 119 of the Law on Marriage and Family 2014; the regulatory agencies shall require the courts to provide copies of their judgments;
- Procuracies which protest against court judgments and rulings under the appellate procedures;
- Other entities which are not required to pay for the court cost and fee advances as regulated by laws.
Thanh Rin
- Key word:
- court fees in Vietnam
