Everything you need to know about the current Civil judgment enforcement fees in Vietnam

Everything you need to know about the current Civil judgment enforcement fees in Vietnam (Illustrative image)

1. Civil judgment enforcement fee levels in Vietnam

Pursuant to Clause 1, Article 4 of Circular 216/2016/TT-BTC, when the entitled party receives money or assets according to the court's judgement or decision, they must pay Civil judgment enforcement fees as follows:

2. Notes when calculating Civil judgment enforcement fees in Vietnam

For cases involving common property division, inheritance division; property division in divorce; cases where the parties have both rights and obligations regarding enforcement assets (only one party needs to request enforcement), the party received money or assets from the Civil judgment enforcement agency must pay Civil judgment enforcement fees equivalent to the value of money or assets they actually received.

Example: The court handles a divorce case between Mr. A and Mrs. B, where in the property division, Mrs. B is awarded a house worth 500,000,000 VND and must pay Mr. A 200,000,000 VND. In this case, the Civil judgment enforcement fees each party has to pay are calculated based on the actual value of the assets received by each person. Specifically:

- The Civil judgment enforcement fee Mr. A has to pay: 3% x 200,000,000 VND = 6,000,000 VND;

- The Civil judgment enforcement fee Mrs. B has to pay: 3% x (500,000,000 VND - 200,000,000 VND) = 9,000,000 VND.

In cases where multiple parties are awarded a specific asset or share a sum of money as per a judgement or decision, but only one or a few request enforcement, and the executor has assigned the asset or sum to the requesting parties or their representatives for management, the requesting parties or their representatives must pay Civil judgment enforcement fees based on the total value of the received asset or sum.

In cases where the Civil judgment enforcement agency has issued an enforcement decision but has not yet issued a coercive enforcement decision, or has issued a coercive enforcement decision but not yet executed it, and the parties voluntarily settle the money or assets, the entitled party must pay one-third of the Civil judgment enforcement fee based on the value of the received money or assets, except as stipulated in Clause 8, Article 6 of Circular 216/2016/TT-BTC.

If the Civil judgment enforcement agency has collected the money or executed the coercive enforcement, the entitled party must pay 100% of the Civil judgment enforcement fee based on the value of the received money or assets.

3. Cases exempt from Civil judgment enforcement fees in Vietnam

According to current regulations, the entitled party receiving the following money or assets is exempt from Civil judgment enforcement fees:

- Alimony; compensation for life, health, reputation, and dignity; wages and labor salaries; severance pay and job loss compensation; social insurance benefits; compensation for damages due to dismissal or contract termination.

- Funds for implementing state social policy programs for poverty eradication, assistance to remote, isolated, disadvantaged, and especially difficult areas, and funds directly serving the non-commercial healthcare and education of the people.

- Non-monetary items received having only spiritual value, personal to the recipient, without exchange value.

- Non-monetary items received having only spiritual value, personal to the recipient, without exchange value.

- Debt recovery for the Social Policy Bank in case of lending to the poor and other policy beneficiaries.

- Judgements or court decisions specifying no monetary value and exempting from monetary court fees.

- Money or property returned to the concerned party in case of proactive enforcement.

- Money or property voluntarily enforced within the voluntary enforcement period.

Duc Thao

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE