Fees for civil judgment enforcement in Vietnam 2023

Regulations on judgment enforcement charge payers in Vietnam

Pursuant to the provisions of the Law on Enforcement of Civil Judgments 2008 and related guiding regulations, judgment enforcement charge means a sum of money payable by a judgment creditor upon receipt of money and assets under a judgment or ruling.

 A judgment creditor shall, after receiving money and assets under a judgment or ruling issued by the Court or a decision on handling of competition cases issued by the Council for Handling of Competition Cases; an award of a commercial arbitration, pay fees for civil judgment enforcement according to the regulations herein.

 Fees for civil judgment enforcement in Vietnam 2023 (Internet image)

Fees for civil judgment enforcement in Vietnam

Fees rates for civil judgment enforcement in Vietnam shall comply with the provisions of Article 4 of Circular 216/2016/TT-BTC, specifically as follows:

(1) Fees for civil judgment enforcement payable of a judgment creditor are as follows:

- If the amount of money and/or asset value received is from more than twice the statutory pay rate for officials, public employees and armed forces prescribed by the State up to VND 5.000.000.000, the civil judgment enforcement fee shall be 3% of the amount of money and/or value of assets received;

- If the amount of money and/or asset value received is from more than VND 5.000.000.000 up to VND 7.000.000.000, the civil judgment enforcement fee shall be VND 150.000.000 plus 2% of the amount of money and/or value of assets received exceeding VND 5.000.000.000;

- If the amount of money and/or asset value received is from more than VND 7.000.000.000 up to VND 10.000.000.000, the civil judgment enforcement fee shall be VND 190.000.000 plus 1% of the amount of money and/or value of assets received exceeding VND 7.000.000.000;

- If the amount of money and/or asset value received is from more than VND 10.000.000.000 up to VND 15.000.000.000, the civil judgment enforcement fee shall be VND 220.000.000 plus 0,5% of the amount of money and/or value of assets received exceeding VND 10.000.000.000;

- If the amount of money and/or asset value received is from more than VND 15.000.000.000, the civil judgment enforcement fee shall be VND 245.000.000 plus 0,01% of the amount of money and/or value of assets received exceeding VND 15.000.000.000;

(2) Regarding a civil case of dividing common assets, inheritances; dividing assets in divorce; a case in which the parties have both rights and obligations towards assets for judgment enforcement (only one party has the request for judgment enforcement), the person who is assigned money and assets as the result of judgment enforcement by a judgment enforcement agency shall pay a civil judgment enforcement fee equivalent to the value of money and assets received.

For example: The Court grants a divorce to Mr. A and Ms. B. If, regarding splitting of assets in the divorce, Ms. B receives a house valued at VND 500.000.000 and must pay VND 200.000.000 to Mr. A, the civil judgment enforcement fee payable by the parties will be calculated on the value of assets received by each person in reality. To be specific:

The civil judgment enforcement fee payable by Mr. A: 3% x VND 200.000.000 = VND 6.000.000;

The civil judgment enforcement fee payable by Ms. B: 3% x (VND 500.000.000 - VND 200.000.000) = VND 9.000.000.

(3) If a specific asset or an amount of money is receivable by multiple persons under a judgment or ruling and only one or some of the judgment enforcement requesters but the enforcer has organized transfer thereof to such requesters or their representatives, the requesters or their representatives shall pay civil judgment enforcement fees on the total value of assets or the total amount of money they receive in reality according to the rates prescribed in (1).

(4) If a civil judgment enforcement agency has issued a judgment enforcement decision but has not issued a decision on coercive judgment enforcement, or has issued a decision on coercive judgment enforcement but the involved parties have transferred and received money and assets before the judgment is actually enforced, the judgment creditor shall pay one third of the civil judgment enforcement fee on the value of assets or the amount of money received as prescribed in (1), unless otherwise prescribed in Clause 8 Article 6 of Circular 216/2016/TT-BTC.

(5) If a civil judgment enforcement agency has completely collected money or has coerced judgment enforcement, the judgment creditor shall pay 100% of the civil judgment enforcement fee on the value of assets or the amount of money received according to the regulations in (1).

Mai Thanh Loi

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