Chương IX Bộ luật tố tụng dân sự 2015: Án phí, lệ phí và chi phí tố tụng khác

Chapter IX

COURT FEES, CHARGES AND OTHER PROCEDURAL EXPENSES

Section 1. Court FEES AND CHARGES

Article 143. Court fee advance, charge advance; Court fees and charges

1. Court fee advances shall include first-instance Court fee advances and appellate Court fee advances.

2. Court fees shall include first-instance Court fees and appellate Court fees.

3. Charge advances for civil matter resolution shall include first-instance charge advances and appellate charge advances.

4. Charges shall include charges for providing copies of judgments, decisions or other documents of courts, charges for submitting applications requesting Courts to settle civil matters, charges for settlement of civil matters and other charges stipulated by law.

Article 144. Handling of collected Court fee advance, charge advance, Court fees and charges

1. All collected Court fees and charges must be fully and timely remitted into the State budget at the State Treasury.

2. Court fee advance and charge advance shall be submitted to the competent judgment-executing agencies for deposit in custody accounts opened at the State Treasury, and shall be withdrawn for judgment execution under Court decisions.

3. If the persons who have advanced Court fees or charges must bear such fees and/or charges, immediately after the Court judgments or decisions come into effect, the collected advance amounts must be remitted into the State budget.

In cases where the persons who have advanced Court fees and/or charges are entitled to partial or full reimbursement of the amounts they have paid under Court judgments or decisions, the judgment-executing agencies which have collected the Court fee advances or charge advances must carry out procedures to return the money to them.

4. In cases where the resolution of the civil cases is suspended, the already advanced Court fees and/or advanced charges shall be disposed when the resolution of the civil cases resumes.

Article 145. Regime of collection and expenditure of Court fee advances, charge advances, Court fees and charges

The collection of Court fee advances and Court fees, charge advances and Court charges; and the payment of Court fee advances, charge advances must comply with law provisions.

Article 146. Obligation to advance Court fees and advance charges

1. The plaintiffs, the defendants who have made counter-claims against the plaintiffs and the persons with related rights and interests who have made independent claims in civil lawsuits must advance first-instance Court fees; the persons who have made appeals must advance appellate Court fees, except for cases where they are exempted from, or do not have to pay Court fee advances.

2. Persons who have submitted applications petitioning Courts to settle civil matters must advance charges for the resolution of such civil matters, except for cases where they are exempt from, or do not have to pay the charge advances.

Regarding persons applying for recognition of voluntary divorces and agreements on child custody and property division upon divorce, husbands and wives may agree about the payment of charge advances, except for cases where they are exempt from, or do not have to pay the charge advances according to law provisions. If spouses fail to agree the payment of charge advance, each of them shall pay a half of the charge advance.

Article 147. Obligation to bear first-instance Court fees

1. The involved parties must bear the first-instance Court fees if their petitions are not accepted by courts, except for cases where they are exempted from, or do not have to pay such fees.

2. In cases where the involved parties cannot themselves determine their portions in the common properties and petition the Courts to settle the division of the common properties, each party must bear the first-instance Court fee corresponding to the value of the property portion she/he enjoys.

3. Prior to the opening of Court sessions, the Courts shall conduct mediations; if the involved parties have reached mutual agreement on the resolution of cases, they must bear 50% of the first-instance Court fee level prescribed in Clauses 1 and 2 of this Article.

4. The plaintiffs in divorce cases must pay first-instance Court fees, without depending on whether the Courts accept their petitions or not. In cases where both parties voluntarily agree on their divorce, each involved party must bear half of the first-instance Court fees.

5. If an involved party to a case is exempted from the first-instance Court fee, then the other involved party shall still have to pay the first-instance Court fee payable under Clauses 1, 2, 3 and 4 of this Article.

6. Where the case is suspended, the obligation to pay first-instance Court fee shall be decided when the resolution of the case resumes in accordance with the provisions in this Article.

Article 148. Obligation to bear first-instance Court fees

1. The appellant must pay the appellate Court fees, if the appealed first-instance judgments or decision are upheld by the Courts of appeal, except for cases where the appellants are exempted from, or do not have to pay such fees.

2. The appellants shall not pay the appellate Court fees, if the appealed first-instance judgments or decisions are amended by the Courts of appeal. The Courts of appeal must re-determine the obligation to bear first-instance Court fees as provided for in Article 147 of this Code.

3. Where the Courts of appeal abrogate the appealed first-instance judgments/decisions for re-trial under first-instance procedure, the appellants shall not be obliged to bear the appellate Court fees. The obligation to bear Court fees shall be re-determined when the cases are retried under first-instance procedure.

Article 149. Obligation to bear charges

1. The obligation to bear charges shall be determined depending on specific types of civil matters and shall be specified in law.

2. Regarding persons applying for recognition of voluntary divorces and agreements on child custody and property division upon divorces, husbands and wives may agree about the payment of charges, except for cases where they are exempt from, or do not have to pay the charges according to law provisions.

If spouses fail to agree the payment of charge, each of them shall pay a half of the charge.

Article 150. Specific regulations on Court fees and charges

Pursuant to the provisions of the Law on fees and charges and provisions of this Code, the Standing committee of the National Assembly of the Socialist Republic of Vietnam shall issue specific regulations on Court fees and charges; rates of Court fees and charges for specific matters/cases; cases eligible for exemption or reduction from Court fees and charges, cases not subject to paying Court fees and charges; regulations on collection, payment, management and use of Court fees and charges.

Section 2. OTHER PROCEDURAL EXPENSES

Article 151. Overseas request for judicial assistance expense advance, overseas request for judicial assistance expense

1. Overseas request for judicial assistance means a sum of money temporarily calculated by the Court to be pay for request for judicial assistance upon the collection and supply of evidences or delivery of papers, documents and materials and the summoning of witnesses or expert witnesses and requests for judicial assistance related to the settlement of a civil case.

2. Overseas request for judicial assistance expense means the necessary and reasonable sum of money to be paid for the performance of request for judicial assistance according to law provisions of Vietnam and the country requested for request for judicial assistance.

Article 152. Obligation to pay overseas request for judicial assistance expense advance

1. Plaintiffs or appellants according to appellate procedures or other involved parties in civil lawsuits must pay the overseas request for judicial assistance expense advance if their requests results in the overseas request for judicial assistance.

2. Petitioners for settlement of civil matters or appellants according to appellate procedures or other involved parties in civil matters must pay the overseas request for judicial assistance expense advance if their requests results in the overseas request for judicial assistance.

Article 153. Obligation to bear overseas request for judicial assistance expense

Unless otherwise agreed by involved parties or provided for by laws, the obligation to bear the overseas request for judicial assistance expense shall be determined as follows:

1. Involved parties must bear the overseas request for judicial assistance expense if their requests for settlement of cases are rejected by the Courts;

2. In case where the Court is requested to divide a common property, each person who has received a share from such property must bear the overseas request for judicial assistance expense amount proportionate to the value of the property share he/she has received;

3. In divorce cases, plaintiffs must pay the overseas request for judicial assistance expense, regardless of whether the Courts accept their requests or not. In cases where both parties voluntarily agree on their divorce, each involved party must bear half of the overseas request for judicial assistance expense;

4. If the settlement of the cases is suspended as prescribed in point c clause 1 Article 217, point b clause 1 Article 299 of this Code, the plaintiffs must bear the overseas request for judicial assistance expense.

If the settlement of the cases is suspended as prescribed in point b clause 1 Article 289, clause 3 Article 296 of this Code, the appellants according to appellate procedures must bear the overseas request for judicial assistance expense;

5. For other cases where the settlement is suspended according to regulations of this Code, persons who request for overseas request for judicial assistance must bear the overseas request for judicial assistance expense.

Article 154. Handling of overseas request for judicial assistance expense advance

1. If the person who has paid the request for judicial assistance advance is not liable for the request for judicial assistance expense, the person who has to bear such expense under the decision of the Court shall refund such advance to the former.

2. In cases where the person who has paid the request for judicial assistance expense advance is liable for the request for judicial assistance expense and the advance that has been paid is smaller than the actual request for judicial assistance expense, such person must pay the deficit; if the paid advance is bigger than the actual request for judicial assistance expense, such person shall receive the surplus according to the court's decision.

Article 155. On-site inspection/appraisal expense advance, on-site inspection/appraisal expense

1. On-site inspection/appraisal expense advance means a sum of money that is estimated by the Court to be paid for the on-site inspection/appraisal.

2. On-site inspection/appraisal expense means a necessary and reasonable sum of money to be paid for the on-site inspection/appraisal pursuant to law provisions.

Article 156. Obligation to pay on-site inspection/appraisal expense advance

1. Persons who request the Courts to conduct on-site inspection/appraisal must pay the on-site inspection/appraisal expense advance at the request of the Court.

2. In cases where the Courts deem it is necessary and decide to conduct on-site inspection/appraisal, the plaintiffs, the persons requesting for settlement of civil matters and the appellants according to appeallate procedures must pay the on-site inspection/appraisal advance.

Article 157. Obligation to bear on-site inspection/appraisal expense

Unless otherwise agreed by involved parties or provided for by laws, the obligation to bear the on-site inspection/appraisal expense shall be determined as follows:

1. Involved parties must bear the on-site inspection/appraisal expense if their requests are rejected by the Courts;

2. In cases where the Court is requested to divide a common property, each person who has received a share from such property must bear the on-site inspection/appraisal expense amount proportionate to the value of the property share he/she has received;

3. In divorce cases, plaintiffs must pay the on-site inspection/appraisal expense, regardless of whether the Courts accept their requests or not. In cases where both parties voluntarily agree on their divorce, each involved party must bear half of the on-site inspection/appraisal expense;

4. If the settlement of the cases is suspended as prescribed in point c clause 1 Article 217, point b clause 1 Article 299 of this Code, the plaintiffs must bear the on-site inspection/appraisal expense.

If the settlement of the cases is suspended as prescribed in point b clause 1 Article 289, clause 3 Article 296 of this Code, the appellants according to appellate procedures must bear the on-site inspection/appraisal expense;

5. For other cases where the settlement is suspended according to regulations of this Code, persons who request for the inspection/appraisal must bear the on-site inspection/appraisal expense.

Article 158. Handling of on-site inspection/appraisal expense advances

1. If the person who has paid the on-site inspection/appraisal advance is not liable for the on-site inspection/appraisal expense, the person who has to bear such expense under the decision of the Court shall refund such advance to the former.

2. In cases where the person who has paid the request for judicial assistance advance is liable for the request for judicial assistance expense and the advance that has been paid is smaller than the actual on-site inspection/appraisal expense, such person must pay the deficit; if the paid advance is bigger than the actual on-site inspection/appraisal expense, such person shall receive the surplus according to the court's decision.

Article 159. Expertise expense advance, expertise expense

1. Expertise expense advance means a sum of money estimated by the expert-witness to be paid for the expertise under the Court's decision or at the request of the involved parties.

2. Expertise expense means a necessary and reasonable sum of money to be paid for the expertise that is calculated by the expert-witness pursuant to law provisions.

Article 160. Obligation to pay expertising expense advances

In cases where the parties do not otherwise agree or the law does not otherwise prescribe, the obligation to pay expertising expense advances shall be determined as follows:

1. Persons requesting the Courts to request expertise must pay the expertising expense advances.

If the involved parties requesting the Courts to request expertise on the same objects, each involved party must pay a half of the expertising expense advances;

2. If the Courts deem that it is necessary to request expertise and decide to request expertise, the involved parties, the requesters for civil matter resolution, the appellants under appellate trial procedure must pay the expertising expense advances;

3. If involved parties, requesters for civil matter resolution, appellants whose applications for expertise request are rejected by the Courts request other organizations/individuals to conduct expertises, the expertising expense advances shall be paid according to provisions of the Law on judicial expertise.

Article 161. Obligation to bear expertising expenses

In cases where the parties do not otherwise agree or the law does not otherwise prescribe, the obligation to bear expertising expenses shall be determined as follows:

1. The persons who request for expertising request must bear the expertising expenses if the expertising results prove that their requests are groundless. If the expertising results prove that their requests are partially grounded, they must pay the expertising expenses for the requested parts that are proved groundless;

2. The persons who do not accept the expertising requests of other involved parties to the cases must pay the expertising expenses if the expertising results prove that the expertising requests are well grounded. If the expertising results prove that the requests are partially grounded, the persons who do not accept the expertising requests must bear the expertising expenses for the requested parts that are proved well-grounded;

3. For termination of case resolution specified in point c clause 1 Article 217 and point b clause 1 Article 299 of this Code, the plaintiffs must bear the expertising expenses.

For cases where the appellate trial is terminated as prescribed in point b clause 1 Article 289 and clause 3 Article 296 of this Code, the appellants under appellate procedure must bear the expertising expenses;

4. If a person himself/herself requests for expertises as prescribed in clause 3 Article 160 of this Code and the expertising results prove that his/her expertising request is well-grounded, the losing party must bear the expertising expenses. If the expertising results prove that their expertising requests are partially grounded, they must pay the expertising expenses for their requested parts that are proved groundless;

5. For other cases where case resolution is terminated as prescribed in this Code, those who request for expertise must bear the expertising expenses.

Article 162. Handling of paid expertising expense advances

1. In cases where the persons who have advanced expertising expenses do not have to pay the expertising expenses, the persons who must pay the expertising expenses under Court decisions must refund the money to the persons who have paid them.

2. In cases where the persons who have paid the expertising expense advances are obliged to pay the expertising expenses, but the paid advance money is not enough to cover the actual expertising expenses, such persons must pay the deficit amount. If the advanced amounts exceed the actual expertising expenses, the surplus shall be refunded to the persons who have advanced the money.

Article 163. Property valuation expense advances, property valuation expenses

1. The property valuation expense advance means a sum of money estimated by the Evaluation Boards for valuation conducted under a Court decision.

2. Valuation expenses are the reasonable and necessary sums of money to be paid for the valuation and calculated by the Valuation Boards on the basis of law provisions.

Article 164. Obligation to advance property valuation expenses

In cases where the involved parties do not otherwise agree or the law does not otherwise prescribe, the obligation to pay property valuation expenses shall be determined as follows:

1. The persons requesting for property valuation must pay the property valuation expense advances;

2. In cases where the involved parties could not agree on the prices and request the Courts to conduct the property valuation, each party must pay half of the property valuation expense advances. If there are multiple involved parties, all parties must pay the property valuation expense advances at rates decided by the Courts;

3. For cases specified in clause 3 Article 104 of this Code, the plaintiffs/appellants must pay the property valuation expense advances.

Article 165. Obligation to bear property valuation/price appraisal expenses

In cases where the parties do not otherwise agree or the law does not otherwise prescribe, the obligation to bear property valuation/price appraisal expenses shall be determined as follows:

1. Involved parties must bear the property valuation expenses if their requests are not accepted by the Courts;

2. In case where the Court is requested to divide a common property, each person who has received a share from such property must bear the property valuation expense amount proportionate to the value of the property share he/she has received;

3. In cases where the Courts issue decisions on property valuation prescribed in point c clause 3 Article 104 of this Code, the obligation to bear the property valuation expenses shall be determined as follows:

a) Involved parties must bear the property valuation expenses prescribed in clause 1 of this Article if the valuation results prove that the property valuation decisions of the Courts are well-grounded;

b) The Courts shall pay the property valuation expenses if the valuation results prove that the property valuation decisions of the Courts are groundless.

4. For termination of case resolution specified in point c clause 1 Article 217 and point b clause 1 Article 299 of this Code, if the Evaluation Boards have conducted the valuation, the plaintiffs must bear the property valuation expenses.

For cases where the appellate trial is terminated as prescribed in point b clause 1 Article 289 and clause 3 Article 296 of this Code, if the Evaluation Boards have conducted the valuation, the appellants under appellate procedure must bear the property valuation expenses;

5. For other termination of case resolution as prescribed in this Code, if the Evaluation Boards have conducted the valuation, the requesters for property valuation must bear the property valuation expenses;

6. The obligation to bear the property valuation expenses of involved parties shall be in accordance with the obligation to bear the property valuation expenses specified in clauses 1, 2, 4 and 5 of this Article.

Article 166. Handling of valuation expense advances

1. In cases where the persons who have advanced property valuation expenses do not have to pay the valuation expenses, the persons who must pay the valuation expenses under Court decisions must refund the money to the persons who have paid them.

2. In cases where the persons who have advanced the property valuation expenses are obliged to pay them, but the advanced amounts are not enough to cover the actual valuation expenses, such persons must pay the deficits. If the advanced sums exceed the actual valuation expenses, the surpluses shall be refunded to the persons who have advanced the money.

Article 167. Expenses for witnesses

1. Reasonable and actual expenses for witnesses shall be borne by the involved parties.

2. The persons who request the Courts to summon witnesses must bear the expenses for such witnesses, if the testimonies of the witnesses are true but not right for the demands of the person requesting to summon such witnesses. If the testimonies are true and right for the demands of the persons requesting to summon such witnesses, the expenses must be borne by the party making requests independent from the former's requests.

Article 168. Expenses for interpreters and lawyers

1. Expenses for interpreters mean sum of money payable to interpreters in the course of settling civil cases as agreed upon by the involved parties and the interpreters or stipulated by law.

2. Expenses for lawyers mean sums of money payable to lawyers as agreed upon by the involved parties and the lawyers within the prescribed scope of the law-practicing organization and according to law provisions.

3. Expenses for interpreters or lawyers shall be borne by the persons requesting such interpreters or lawyers, except otherwise agreed upon by the parties.

4. Where the Courts request interpreters, the expenses for the interpreters shall be paid by the courts.

Article 169. Specific regulations on procedural expenses

Pursuant to regulations in this Code, the Standing committee of the National Assembly of the Socialist Republic of Vietnam shall issue specific regulations on expense of overseas request for judicial assistance, costs of on-site inspection and appraisal, costs of expertise and price appraisal of properties; cost of payment for witnesses and interpreters; other procedural costs prescribed in other laws and the exemption and decrease of procedural costs during the case settlement.