Chapter V
COURT FEES
Section 1. COURT FEES FOR THE SETTLEMENT OF CIVIL CASES
Article 35. Types of court fee for the settlement of civil matters
1. First-instance court fees for the settlement of civil, marriage and family, business, commercial or labor disputes.
2. Appellate court fees for the settlement of civil, marriage and family, business, commercial or labor disputes.
Article 36. Obligations to pay for the advances of first-instance or appellate court fees
1. The petitioners who file the civil lawsuits 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 of Article 31; clauses 1 and 5, Article 33 of the Criminal Procedure Code shall pay the court fee advances for the Court to settle such matters, unless they are eligible for the full remission or are not required to pay for the advances thereof according to the regulations hereof.
As for petition for recognition of amicable divorce, agreement on child custody and property division after divorce, the spouses may reach an agreement on payment of court fee advances, unless they are eligible for the full remission or are not required to pay for the advances thereof as regulated by laws. If the spouses cannot reach an agreement about who will pay for the above-mentioned advances, each of them shall pay 50% of the court fee advances.
2. The parties that appeal against the court decisions on civil matters specified in clauses 1, 2, 3, 4, 6, 8, 9 and 10, Article 27; clauses 1, 4, 5, 6, 7, 8, 10 and 11, Article 29; clauses 1 and 6, Article 31; clauses 1 and 5, Article 33 of the Criminal Procedure Code shall pay for the advances of the appellate court fees, unless they are eligible for the full remission or are not required to pay for the court fee advances specified in this Resolution.
Article 37. Obligations to bear the first-instance or appellate court fees for settlement of civil matters
1. The party that requests the Court to settle the civil matter shall bear the first-instance court fee, not depending on whether the court accepts their petition or not, unless they are not required to bear the court fee or are eligible for the full remission of the fee thereof as specified in this Resolution.
2. The appellant is not required to bear the appellate court fee if his/her appeal is accepted by the Court; he/she must bear the appellate court fee if his/her appeal is not accepted by the Court.
3. As for petition for recognition of uncontested divorce, child custody and property division after divorce, the spouses may reach an agreement on the liability for the court fee, unless they are eligible for the full remission or are not required to bear the fee thereof as regulated by laws. If the spouses cannot reach an agreement on who is liable to pay for the court fee, then each of them shall pay for 50% of the fee thereof.
Section 2. OTHER TYPES OF COURT FEES
Article 38. Fees for recognition and enforcement of civil judgments and rulings of foreign courts in Vietnam; and foreign arbitral awards
Agencies, organizations and individuals shall pay for the court fees if they:
1. Request the Vietnam’s Court to recognize and permit the enforcement of the judgment and ruling of the Foreign Court or the foreign competent agency in Vietnam.
2. Request the Vietnam’s Court not to recognize the civil judgment and ruling of the Foreign Court or the foreign competent agency.
3. Request the Vietnam’s Court not to recognize the civil judgment or ruling of the Foreign Court or the foreign competent agency that does not request the enforcement thereof in Vietnam.
4. Request the Vietnam’s Court to recognize and permit the enforcement of the foreign arbitral award in Vietnam.
5. Appeal the Court Decision about the requests specified in clauses 1, 2, 3 and 4 of this Article, in case their appeal is not accepted by the Court.
Article 39. Court fee for settlement of the request related to the Vietnamese commercial arbitration's settlement of disputes as specified in the law regulations on commercial arbitration
The petitioner who requests the Court to settle the civil matters related to the Vietnam’s commercial arbitration activities shall pay for the court fees if they:
1. Request for designation or change of an arbitrator.
2. Request for application, change or cancellation of an urgent provisional measure.
3. Request for cancellation of an arbitral award or registration for the arbitral award.
4. Appeal against the Court Decision, in case the appeal is not accepted by the Court.
5. Request the Court to collect evidence and summon the witness.
6. Request the Court to settle other civil matters specified by Vietnam’s commercial arbitration law.
Article 40. Fees for submitting applications for opening of bankruptcy procedures
When filling applications for opening of bankruptcy procedures for enterprises and cooperatives, the following entities shall pay for the court fees: unsecured or partially secured creditors, legal representatives of enterprises and cooperatives; owners of private enterprises; Chairpersons of joint-stock companies; Chairpersons of the Members’ Councils of limited liability companies with more than one member; owners of one member limited liability companies; general partners of partnerships; shareholders or groups of shareholder of 20% of ordinary shares or above; cooperative members or legal representatives of members of cooperative groups.
Article 41. Court fees for consideration of the lawfulness of strikes
Employers that file requests for courts to consider the lawfulness of strikes shall pay a court fee.
Article 42. Court fees for arrests of seagoing ships or aircraft
Petitioners who request the Court to arrest seagoing ships or aircrafts shall pay a court fee.
Article 43. Court fees for judicial assistances by foreign courts in Vietnam
Foreign parties, under a judicially assistance, requesting Vietnamese courts to conduct certain civil procedure activities shall pay a court fee as specified in this Resolution. If the Socialist Republic of Vietnam and the foreign parties are not members of the international treaty on court fees for judicial assistance, the give and take principle shall be applied as specified in the law on legal assistance in civil matters.
Article 44. Fees for overseas judicial assistance
Agencies, organizations and individuals requesting the Court to settle civil matters which give rise to the requests for overseas judicial assistances shall pay the expenses as specified in this Resolution.
Article 45. Fees for provision of copies of papers and photocopying of documents at the Courts
Parties requesting the Court to issue the copies of papers and photocopy documents shall pay a Court fee.
Tìm kiếm
Nghị quyết 326/2016/UBTVQH14 (Bản Word)
Nghị quyết 326/2016/UBTVQH14 (Bản Pdf)