Ordinance No. 02/2012/UBTVQH13 on Appraisal Costs; Valuation Costs; Costs for Witnesses and Interpreters in Litigation

 

ORDINANCE

EXPENSES FOR APPRAISAL AND VALUATION; EXPENSES FOR WITNESSES AND INTERPRETERS IN PROCEEDINGS

BASED ON THE CONSTITUTION OF THE SOCIALIST REPUBLIC OF VIETNAM IN 1992 AS AMENDED AND COMPLEMENTED BY RESOLUTION NO. 51/2001/QH10;

Pursuant to Resolution No. 07/2011/QH13 dated August 6, 2011 of the Thirteenth National Assembly on the legislative program for 2012 and adjustment of the legislative program for 2011;

The Standing Committee of the National Assembly promulgates this Ordinance on expenses for appraisal and valuation; expenses for witnesses and interpreters in criminal, civil, and administrative proceedings (hereinafter referred to collectively as expenses in proceedings).

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Ordinance applies to agencies, organizations, and individuals in Vietnam, as well as foreign agencies, organizations, and individuals related to appraisal, valuation, testifying, and interpreting in proceedings.

Article 2. Applicability

Expenses for appraisal

Article 3. Explanation of Terms

In this Ordinance, the following terms shall be understood as follows:

1. are the necessary and reasonable amounts required to be paid for the appraisal work carried out by organizations or individuals based on the provisions of this Ordinance and other relevant laws. Advance payment for appraisal expenses

2. is the amount temporarily calculated by organizations or individuals conducting the appraisal to carry out the appraisal upon request from the judicial proceeding agency. Expenses for asset valuation

3. are the necessary and reasonable amounts required to be paid for the asset valuation work carried out by the Valuation Council or asset valuation organization based on the provisions of this Ordinance and other relevant laws. Advance payment for asset valuation expenses

4. is the amount temporarily calculated by the Valuation Council or asset valuation organization to conduct the valuation upon request from the judicial proceeding agency. Expenses for price verification of assets

5. are the necessary and reasonable amounts required to be paid for the price verification work carried out by the Price Verification Organization according to the provisions of this Ordinance and the laws on prices. Expenses for witnesses

6. are the necessary and reasonable amounts required to be paid to witnesses by the judicial proceeding agency based on the provisions of this Ordinance and other relevant laws. Advance payment for witness expenses

7. is the amount temporarily calculated by the judicial proceeding agency to pay to witnesses. Expenses for interpreters

8. are the necessary and reasonable amounts required to be paid to interpreters by the judicial proceeding agency based on the provisions of this Ordinance and other relevant laws. Article 4. Principles for collecting and disbursing appraisal and valuation expenses; expenses for witnesses and interpreters in proceedings

Appraisal and valuation expenses; expenses for witnesses and interpreters in proceedings must be collected and disbursed in accordance with the provisions of this Ordinance and other relevant laws.

Article 5. Handling complaints and reports related to appraisal and valuation expenses; expenses for witnesses and interpreters in proceedings

1. Individuals and organizations have the right to lodge complaints with the Chief Justice of the Court within three working days from the date they receive the Court's notification regarding the payment, exemption, or reduction of advance payments for appraisal expenses, appraisal expenses, advance payments for asset valuation expenses, and advance payments for witness expenses.

The Chief Justice of the Court must examine and resolve the complaint within three working days from the date of receipt of the complaint. The decision of the Chief Justice of the Court is the final resolution.

Complaints about the obligation to pay appraisal and valuation expenses; expenses for witnesses and interpreters and the expense levels according to court judgments and decisions are resolved in accordance with the procedural laws.

2. Reports and the handling of reports by individuals are carried out in accordance with the laws on reporting.

EXPENSES FOR APPRAISAL IN PROCEEDINGS

Chapter II
EXPENSES FOR APPRAISAL REQUESTED BY THE JUDICIAL PROCEEDING AGENCY

PART 1

COSTS OF APPRAISAL CONDUCTED BY THE COURT AT THE REQUEST FOR APPRAISAL

Article 6. Authorities responsible for paying the advance payment for examination costs

1. Criminal proceedings authorities as prescribed by the Criminal Procedure Code.

2. Courts as prescribed by the Administrative Procedure Law.

Article 7. Procedures for advance payment of appraisal costs

1. Organizations and individuals conducting examinations shall determine and notify the criminal proceedings authority specified in Article 6 of this Ordinance about the amount of the advance payment and the time to pay the advance payment for examination costs.

2. The criminal proceedings authority shall pay the advance payment according to the notification from the organization or individual conducting the examination.

Article 8. Responsibility for paying examination costs

1. The criminal proceedings authority specified in Clause 1 of Article 6 of this Ordinance shall be responsible for paying examination costs according to the level, time limit, and method notified by the organization or individual that conducted the examination. In cases where the case is initiated at the request of the victim, if the Court declares the defendant not guilty or the case is terminated according to Clause 2 of Article 105 of the Criminal Procedure Code, the criminal proceedings authority shall not be responsible for repaying the examination costs. The victim must reimburse the criminal proceedings authority for the examination costs already paid.

2. The Court specified in Clause 2 of Article 6 of this Ordinance shall be responsible for paying examination costs when the examination results have no significance for resolving the case. If the examination results are significant for resolving the case, the losing party must pay the examination costs according to the procedures stipulated in Section 2 of this Chapter. The advance payment for examination costs shall be refunded to the criminal proceedings authority that made the payment.

Article 9. Determining Examination Costs

1. Based on the nature of the object and the specific content of the examination, examination costs include one or more of the following expenses:

a) Wages and remuneration for those conducting the examination;

b) Consumable material costs;

c) Service usage costs;

d) Depreciation costs of machinery, equipment, and devices;

e) Other costs as prescribed by law.

2. The Government shall provide detailed regulations for Paragraph 1 of this Article.

Article 10. Supplementary Examination Costs, Re-examination Costs

The criminal proceedings authority specified in Article 6 of this Ordinance, when issuing a decision to request supplementary examination or re-examination, must pay the advance payment and settle the examination costs according to the provisions of this section.

PART 2

EXAMINATION COSTS AT THE REQUEST OF THE PARTY

Article 11. Persons Obligated to Pay Advance Payment for Examination Costs

A person requesting an examination whose request is accepted by the Court through a decision to request an examination shall be obligated to pay the advance payment for examination costs, including:

1. Parties in civil matters;

2. Parties in administrative cases.

Article 12. Subjects Exempted from Advance Payment for Examination Costs, Examination Costs

Poor persons as defined by the Government shall be exempted from advance payment for examination costs and examination costs.

Article 13. Subjects Eligible for Reduced Advance Payment for Examination Costs, Examination Costs

1. Individuals with economic difficulties confirmed by the People's Committee of the commune, ward, town where they reside or the agency, organization where they work shall be eligible for reduced advance payment for examination costs and examination costs.

2. The exemption and reduction of advance payment for examination costs and examination costs as stipulated in Article 12 and Clause 1 of this Article shall only apply to individuals who request an examination, are accepted by the criminal proceedings authority, and the examination is conducted by a public examination organization.

Article 14. Obligation to Pay Advance Payment for Appraisal Costs

1. The person requesting the court to request an appraisal must pay an advance payment for appraisal costs, except in cases where the parties have agreed otherwise or are exempted from paying the advance payment for appraisal costs as stipulated in Article 12 of this Ordinance.

2. In cases where the parties request the court to request an appraisal on the same subject matter, all parties must pay an advance payment for appraisal costs, except in cases where the parties have agreed otherwise or are exempted from paying the advance payment for appraisal costs as stipulated in Article 12 of this Ordinance.

Article 15. Procedures for Paying Advance Payment for Appraisal Costs

1. Within five working days from the date of receiving the decision to request an appraisal from the court, the organization or individual conducting the appraisal must notify the court about the amount of the advance payment for appraisal costs.

2. Within two working days from the date of receiving the notification from the organization or individual conducting the appraisal, the court has the responsibility to notify the person requesting the appraisal about the procedure for paying the advance payment for appraisal costs so that they can submit the advance payment for appraisal costs to the court as prescribed in Article 20 of this Ordinance.

3. Within two working days from the date of collecting the advance payment for appraisal costs, the court must transfer the amount to the organization or individual conducting the appraisal.

Article 16. Procedures for Requesting Exemption from Advance Payment for Appraisal Costs

1. Within five working days from the date of receiving the notification to pay the advance payment for appraisal costs, the person obligated to pay the advance payment for appraisal costs who falls within the category eligible for exemption as stipulated in Article 12 of this Ordinance must submit a request to the court along with a certified copy of the document proving their eligibility for exemption from paying the advance payment for appraisal costs.

2. The request for exemption from the advance payment for appraisal costs must include the following main contents:

a) Date of making the request;

b) Name and address of the person making the request;

c) Subject of the requested appraisal;

d) Reason and basis for requesting exemption from the advance payment for appraisal costs as stipulated in Article 12 of this Ordinance.

Article 17. Authority to Decide on Exemption from Advance Payment for Appraisal Costs

1. For civil and administrative cases, the authority to decide on exemption from the advance payment for appraisal costs is as follows:

a) Before the trial session, the judge assigned to handle the case has the authority to examine the request and decide on the exemption or non-exemption of the advance payment for appraisal costs within five working days from the date of receipt of the request. This decision must be sent to the requester, the organization, or individual conducting the appraisal within two working days from the date of issuance. If the request for exemption from the advance payment for appraisal costs is not accepted, the reasons must be clearly stated in the decision;

b) At the trial session, the Bench has the authority to examine the request and decide on the exemption or non-exemption of the advance payment for appraisal costs. The decision of the Bench shall be announced at the trial session and must be sent to the requester, the organization, or individual conducting the appraisal within two working days from the date of issuance. If the request for exemption from the advance payment for appraisal costs is not accepted, the reasons must be clearly stated in the decision.

2. For civil matters, the judge assigned to handle the matter has the authority to examine the request and decide on the exemption or non-exemption of the advance payment for appraisal costs within five working days from the date of receipt of the request. This decision must be sent to the requester, the organization, or individual conducting the appraisal within two working days from the date of issuance. If the request for exemption from the advance payment for appraisal costs is not accepted, the reasons must be clearly stated in the decision.

Article 18. Procedure for Requesting Reduction of Advance Payment for Appraisal Costs

1. Within five working days from the date of receiving the notice to pay the advance payment for appraisal costs, the person obligated to pay the advance payment for appraisal costs who falls within the category eligible for reduction as prescribed in Clause 1, Article 13 of this Ordinance must submit a request to the Court along with a certified copy of the document proving their eligibility for reduction of the advance payment for appraisal costs.

2. The request for reduction of the advance payment for appraisal costs shall include the following main contents:

a) The contents stipulated in Points a, b, and c, Clause 2, Article 16 of this Ordinance;

b) The reasons and grounds for requesting the reduction of the advance payment for appraisal costs;

c) The confirmation by the People's Committee of the commune, ward, town where the person resides or the agency, organization where the person works regarding the reasons for reducing the advance payment for appraisal costs as prescribed in Clause 1, Article 13 of this Ordinance.

Article 19. Authority to Decide on Reduction of Advance Payment for Appraisal Costs

1. For civil and administrative cases, the authority to decide on the reduction of the advance payment for appraisal costs is as follows:

a) Before the trial session, the Judge assigned to handle the case has the authority to examine the request and decide on the reduction or non-reduction of the advance payment for appraisal costs within five working days from the date of receipt of the request. If the request is accepted, the decision must clearly state the amount reduced; if not accepted, the decision must clearly state the reasons. The Court’s decision must be notified to the requester, the organization, or individual conducting the appraisal within two working days from the date of issuance;

b) At the trial session, the Bench has the authority to examine the request and decide on the reduction or non-reduction of the advance payment for appraisal costs. The Bench’s decision is announced immediately at the trial session. If the request is accepted, the decision must clearly state the amount reduced; if not accepted, the decision must clearly state the reasons. The Bench’s decision must be notified to the requester, the organization, or individual conducting the appraisal within two working days from the date of issuance.

2. For civil matters, the Judge assigned to handle the matter has the authority to examine the request and decide on the reduction or non-reduction of the advance payment for appraisal costs within five working days from the date of receipt of the request from the requester. If the request is accepted, the decision must clearly state the amount reduced; if not accepted, the decision must clearly state the reasons. This decision must be sent to the requester, the organization, or individual conducting the appraisal within two working days from the date of issuance.

Article 20. Time Limit for Payment of Advance Payment for Appraisal Costs

1. The person requesting the Court to commission an appraisal must pay the advance payment for appraisal costs within the time limit specified below:

a) Ten working days from the date of receiving the notice from the Court as prescribed in Clause 2, Article 15 of this Ordinance. In cases of force majeure or objective obstacles, the deadline may be extended but not exceeding fifteen days;

b) Five working days from the date of receiving the decision not to accept the request for exemption or reduction of the advance payment for appraisal costs or the decision on reduction of the advance payment for appraisal costs as prescribed in Articles 17 and 19 of this Ordinance.

2. The organization or individual conducting the appraisal has the right to refuse to conduct the appraisal upon receiving the Court's notification that the person requesting the appraisal has not paid the advance payment for appraisal costs.

Article 21. Determination of Appraisal Costs

Appraisal costs shall be determined in accordance with Article 9 of this Ordinance.

Article 22. Payment of Appraisal Costs

1. After obtaining the appraisal results, the organization or individual that has conducted the appraisal shall notify the Court and the party requesting the appraisal of the appraisal costs.

2. Within two working days from the date of receipt of the notification, the Court shall have the responsibility to notify the party requesting the appraisal to come to the Court to pay the appraisal costs. Within ten working days from the date of receipt of the Court's notification, the party requesting the appraisal must pay the appraisal costs. In case of force majeure or objective obstacles, the deadline may be extended but not exceeding fifteen days.

If the temporarily paid appraisal cost is insufficient, the remaining amount must be paid; if the temporarily paid amount exceeds the appraisal cost, the excess amount shall be refunded.

3. A person who has paid the appraisal costs without being obligated to pay such costs under Article 29 of this Ordinance shall be entitled to reimbursement of the paid appraisal costs.

4. In cases where the party requesting the appraisal is exempted or granted a reduction in the temporarily paid appraisal costs or appraisal costs, the investigative authority that requested the appraisal shall be responsible for paying the exempted or reduced amount to the organization or individual that conducted the appraisal.

Article 23. Procedure for Requesting Exemption from Appraisal Costs

1. A person who is required to pay appraisal costs and falls within the category eligible for exemption under Article 12 of this Ordinance must submit a request for exemption from appraisal costs to the Court along with a certified copy of the document proving eligibility for exemption from appraisal costs.

2. The request for exemption from appraisal costs must include the following main contents:

a) The contents stipulated in Points a, b, and c, Clause 2, Article 16 of this Ordinance;

b) Reasons and basis for requesting exemption from temporarily paid appraisal costs as stipulated in Article 12 of this Ordinance.

Article 24. Authority to Decide on Exemption from Appraisal Costs

1. The authority to decide on exemption from appraisal costs shall be carried out as follows:

a) In cases where the case is resolved without holding a trial session, the Judge assigned to resolve the case shall have the authority to decide on exemption from appraisal costs;

b) At the trial session, the Bench shall have the authority to decide on exemption from appraisal costs;

c) For civil matters, the Judge assigned to resolve the civil matter shall have the authority to decide on exemption from appraisal costs.

2. The decision to exempt from appraisal costs must be recorded in the judgment or decision of the Court.

Article 25. Procedure for Requesting Reduction in Appraisal Costs

1. A person who is required to pay appraisal costs and falls within the category eligible for reduction in appraisal costs under Clause 1 of Article 13 of this Ordinance must submit a request for reduction in appraisal costs to the Court along with a certified copy of the document proving eligibility for reduction in appraisal costs.

2. The request for reduction in appraisal costs must include the following main contents:

a) The contents stipulated in Points a, b, and c, Clause 2, Article 16 of this Ordinance;

b) Reasons and basis for requesting reduction in appraisal costs;

c) Confirmation by the People's Committee of the commune, ward, town where the person resides or the agency, organization where the person works regarding the reasons for reducing appraisal costs as stipulated in Clause 1 of Article 13 of this Ordinance.

Article 26. Authority to Decide on Reduction of Appraisal Costs

The authority to decide on reducing appraisal costs shall be implemented in accordance with Article 24 of this Ordinance.

Article 27. Procedures for Deciding on Reduction of Appraisal Costs

The person specified in Article 26 of this Ordinance has the authority to examine applications and decide on reducing or not reducing appraisal costs; if accepting the application, the decision must clearly state the amount reduced; if not accepting the application, the decision must clearly state the reasons. The decision must be notified to the organization or individual conducting the appraisal and the applicant within two working days from the date of issuance.

The decision on reducing or not reducing appraisal costs by the Bench shall be announced at the trial session and notified to the organization or individual conducting the appraisal and the applicant within two working days from the date of issuance.

Article 28. Reduction of Advance Payment for Appraisal Costs, Appraisal Costs

The level of advance payment for appraisal costs, appraisal costs reduced for the subject specified in Clause 1, Article 13 of this Ordinance shall not exceed 50% of the advance payment, appraisal costs that the person must pay.

Article 29. Obligation to Pay Appraisal Costs

1. Except where the parties have agreed otherwise or where the law provides differently, the obligation to pay appraisal costs shall be determined as follows:

a) The party requesting the appraisal must pay the appraisal costs if the appraisal result proves their request to be unfounded. In cases where the appraisal result only partially supports their request, they must pay the appraisal costs corresponding to the part of the request found to be unfounded;

b) The party refusing to accept another party's request for an appraisal in the case must pay the appraisal costs if the appraisal result proves the other party's request to be well-founded. If the request for an appraisal is only partially supported, the party refusing the request must pay the appraisal costs corresponding to the part of the request found to be well-founded.

2. The court shall base its decision on the provisions of Clause 1 of this Article to determine the obligation to pay appraisal costs, exemption, reduction, and reimbursement of appraisal costs for the parties in the judgment or decision.

Article 30. Additional Appraisal Costs, Reappraisal Costs

The procedures and formalities for submitting and settling advance payments for additional appraisal costs, reappraisal costs requested by the parties are carried out in accordance with the provisions of this section.

PART 3

APPRAISAL COSTS IN OTHER CASES

Article 31. Appraisal Costs for Resolving Civil Matters in Criminal Cases

For civil matters resolved within the same criminal case where the civil plaintiff, civil defendant, or interested party requests an appraisal and it is accepted by the investigative agency, there is no need to pay advance payments for appraisal costs, appraisal costs. The responsibility for paying advance payments and settling appraisal costs shall be carried out according to the provisions of Section 1 of this Chapter.

Article 32. Appraisal Costs When the Party Requesting the Appraisal Conducts It Themselves

According to the laws on judicial appraisal, the party involved in civil proceedings, administrative cases, civil plaintiffs, civil defendants, or interested parties in criminal cases who have requested the investigative agency to conduct an appraisal but were not accepted and then conducted the appraisal themselves must pay advance payments for appraisal costs, appraisal costs as required by the organization or individual conducting the appraisal.

Chapter III
EXPERTISE FEES FOR ASSESSING PROPERTY IN PROCEEDINGS

PART 1

EXPERTISE FEES FOR ASSESSING PROPERTY DECIDED BY THE INVESTIGATIVE AGENCY TO CONDUCT AN ASSESSMENT

Article 33. Authorities Responsible for Paying Advance Payment for Asset Valuation Costs

1. In criminal cases, the judicial authority issuing the asset valuation decision shall be responsible for paying advance payment for asset valuation costs to the Appraisal Council or asset valuation organization.

2. In civil and administrative cases, the court issuing the asset valuation decision shall not pay advance payment for asset valuation costs to the Appraisal Council or asset valuation organization. The parties involved shall have the obligation to pay advance payment for asset valuation costs according to the provisions of Section 2 of this Chapter.

Article 34. Notification of Advance Payment for Asset Valuation Costs

1. The Appraisal Council or asset valuation organization shall determine the amount of advance payment for asset valuation costs and notify the authority specified in Article 33 of this Ordinance.

2. The time and method of paying advance payment for asset valuation costs shall be carried out according to the requirements of the Appraisal Council or asset valuation organization.

Article 35. Asset Valuation Costs

1. Based on the nature of the object being appraised, asset valuation costs include one or more of the following costs:

a) Wages and remuneration for those conducting the valuation;

b) Costs for collecting and analyzing information about the object to be valued;

c) Consumable material costs;

d) Costs for necessary services.

e) Other costs as prescribed by law.

2. The Government shall provide detailed regulations for Paragraph 1 of this Article.

Article 36. Additional Valuation Costs, Revaluation Costs

The procedures and methods for submitting and settling advance payment for asset valuation costs, asset valuation costs for additional valuations, and revaluations decided by the judicial authority shall be implemented according to the provisions of this section.

Article 37. Obligation to Settle Asset Valuation Costs

1. In criminal cases, the judicial authority issuing the asset valuation decision as stipulated in Clause 1 of Article 33 of this Ordinance shall be responsible for settling asset valuation costs for the Appraisal Council or asset valuation organization according to the notified amount, time limit, and method.

2. In civil and administrative cases, the court issuing the asset valuation decision as stipulated in Clause 2 of Article 33 of this Ordinance for cases specified in Point b, Clause 1 of Article 92 of the Civil Procedure Code or when the court deems it necessary according to Clause 1 of Article 85 of the Administrative Procedure Law, shall be responsible for settling costs for the Appraisal Council or asset valuation organization if the valuation result proves that the court's request for valuation has no basis. The obligation to settle asset valuation costs shall be carried out according to the provisions of Section 2 of this Chapter.

PART 2

ASSET VALUATION COSTS REQUESTED BY THE PARTIES

Article 38. Procedures for Submitting Advance Payment for Asset Valuation Costs

1. Within five working days from the date of establishment or receipt of the court's decision requesting valuation, the Appraisal Council or asset valuation organization must notify the court and the party requesting valuation to come to the court to submit advance payment for asset valuation costs; the notification must clearly state the amount, deadline, and method of payment.

2. Within two working days from the date of receiving the notification from the Appraisal Council or asset valuation organization, the court shall be responsible for notifying the party requesting valuation to come to the court to submit advance payment for asset valuation costs.

3. Within ten working days from the date of receiving the notification from the court as stipulated in Clause 2 of this Article, the party requesting asset valuation must submit advance payment for asset valuation costs, except where the parties have agreed otherwise or where there are other legal provisions. In case of force majeure or objective obstacles, the deadline may be extended but not exceeding fifteen days.

4. Within two working days from the date of receiving advance payment for asset valuation costs, the court must transfer the amount to the Appraisal Council or asset valuation organization.

Article 39. Obligation to Pay Advance Payment for Asset Valuation Costs

1. The person requesting asset valuation must pay an advance payment for asset valuation costs, except where the parties have agreed otherwise.

2. In cases where the parties cannot agree on the price and request the Court to conduct the valuation or the Court decides to conduct the valuation pursuant to point b, Clause 1, Article 92 of the Civil Procedure Code or when the Court deems it necessary according to Clause 1, Article 85 of the Administrative Procedure Law, each party shall pay half of the advance payment for asset valuation costs. In cases involving multiple parties, all parties shall pay the advance payment for asset valuation costs at the level determined by the Court.

3. The Valuation Council or the organization conducting the asset valuation has the right to refuse to perform the asset valuation upon receiving notice from the Court that the person requesting the valuation has not paid the advance payment for asset valuation costs.

Article 40. Payment of Asset Valuation Costs

1. After obtaining the valuation result, the Valuation Council or the organization conducting the asset valuation shall notify the Court and the person requesting the valuation about the asset valuation costs.

2. Within two working days from the date of receipt of the notification, the Court is responsible for notifying the person requesting the valuation to come to the Court to pay the asset valuation costs. Within ten working days from the date of receipt of the Court's notification, the person requesting the asset valuation must pay the costs. In case of force majeure or other objective obstacles, the deadline may be extended but not exceeding fifteen days.

If the advance payment for asset valuation costs already paid is insufficient, additional payment for the remaining amount must be made; if the advance payment exceeds the actual valuation costs, the excess amount will be refunded.

3. A person who has paid the asset valuation costs without being obligated to do so under Article 42 of this Decree shall be entitled to a refund of the paid valuation costs.

Article 41. Asset Valuation Costs

Asset valuation costs are determined in accordance with Article 35 of this Decree.

Article 42. Obligation to Pay Asset Valuation Costs

In cases where the parties do not have an agreement or where the law does not provide otherwise, the obligation to pay asset valuation costs is determined as follows:

1. The person requesting asset valuation must pay the valuation costs if the valuation result proves their valuation request is unfounded.

2. The person who does not accept the asset valuation request of the requesting party must pay the valuation costs if the valuation result proves the requesting party's valuation request is founded.

3. In cases where the parties cannot agree on the asset price and both request the Court to decide on the valuation, each party shall pay half of the valuation costs; in cases involving multiple parties, all parties shall pay the valuation costs at the level determined by the Court.

4. In cases where the Court decides to conduct the asset valuation pursuant to point b, Clause 1, Article 92 of the Civil Procedure Code or when the Court deems it necessary according to Clause 1, Article 85 of the Administrative Procedure Law, the obligation to pay the valuation costs is determined as follows:

a) Each party shall pay half of the valuation costs; if the valuation result proves the Court's valuation decision is founded;

b) The Court shall refund the valuation costs if the valuation result proves the Court's valuation decision is unfounded.

5. In cases of asset division or inheritance distribution, each person receiving assets must bear the valuation costs in proportion to the value of the assets they receive.

6. In cases where a person has paid the advance payment for asset valuation costs and the actual valuation costs but is not required to pay the valuation costs, the person required to pay the valuation costs according to the Court's decision must refund the advance payment for asset valuation costs and the actual valuation costs to the person who paid them.

7. The Court shall base its decision on Clauses 1, 2, 3, 4, 5, and 6 of this Article to determine the obligation to pay asset valuation costs and the refund of valuation costs for the parties involved in the judgment or decision.

Article 43. Additional valuation costs, revaluation costs

The procedures for submitting and paying advance payment money and costs for additional valuation, revaluation of assets requested by the parties shall be carried out in accordance with the provisions of this section.

Article 44. Costs for asset appraisal review

In cases where the parties request the Court to require the Appraisal Organization to conduct asset appraisal review according to Clause 5, Article 92 of the Civil Procedure Code or Clause 1, Article 85 of the Administrative Procedure Law, the person requesting the asset appraisal review must pay the costs to the appraisal organization at the level and within the time limit required by that organization.

Chapter IV
COSTS FOR WITNESSES IN PROCEEDINGS

PART 1

COSTS FOR WITNESSES COLLECTED BY THE COURT

Article 45. Authority responsible for paying costs to witnesses

The court authority summoning witnesses is responsible for paying costs to witnesses. The costs for witnesses are taken from the annual operating budget of the court authority.

Article 46. Level of costs for witnesses

1. Depending on each specific case, the costs for witnesses summoned by the court authority include one or more of the following costs:

a) Salary and remuneration for witnesses;

b) Travel expenses;

c) Accommodation expenses;

d) Other costs as prescribed by law.

2. The Government shall provide detailed regulations for Paragraph 1 of this Article.

PART 2

COSTS FOR WITNESSES REQUESTED BY THE PARTIES

Article 47. Procedures for submitting advance payment for witness costs

1. For civil cases and administrative proceedings, the party requesting the Court to summon witnesses has the obligation to submit advance payment for witness costs. The requesting party must provide information about the number of witnesses, their workplace, place of residence, and other necessary information to serve as the basis for the Court to determine the amount of advance payment for witness costs.

2. Within five working days from the date of receiving the summons request from the parties, the Court shall notify the requesting party to come to the Court to submit advance payment for witness costs, specifying the amount and time for payment in the notification.

3. Within five working days from the date of receiving the Court's notification, the party requesting the Court to summon witnesses must submit advance payment for witness costs.

Article 48. Amount of advance payment for witness costs

The amount of advance payment for witness costs is calculated based on the level of costs for witnesses determined according to Article 46 of this Ordinance.

Article 49. Obligation to pay witness costs

In cases where the parties have no other agreement or where there is no other provision in the law, the obligation to pay witness costs is stipulated as follows:

1. The party requesting the Court to summon witnesses must pay witness costs if the testimony of the witness is consistent with the objective facts of the case but does not match the request of the party requesting the Court to summon witnesses or if the testimony of the witness is inconsistent with the objective facts of the case;

2. If the testimony of the witness is consistent with the objective facts of the case and matches the request of the party requesting the Court to summon witnesses, then the costs for witnesses shall be paid by the independent party making the request;

3. The Court shall decide the obligation to pay witness costs based on Clause 1 and Clause 2 of this Article and shall refund the costs to the parties in the judgment or decision.

Article 50. Procedures for Payment of Expenses to Witnesses

1. The court shall pay expenses to witnesses.

2. In cases where the temporarily advanced expense amount has not covered the actual expenses, the person obligated to pay the witness expenses must pay the remaining amount; if the temporarily advanced amount exceeds the actual expenses, the excess will be refunded. A person who has paid the temporarily advanced witness expenses and is not required to pay according to Article 49 of this Ordinance shall be refunded the amount paid.

Chapter V
EXPENSES FOR INTERPRETERS IN PROCEEDINGS

PART 1

EXPENSES FOR INTERPRETERS SUMMONED BY THE PROSECUTORIAL BODY

Article 51. Responsibility for Paying Interpreter Expenses

The prosecutorial body that summons interpreters is responsible for paying interpreter expenses. Interpreter expenses are funded from the annual operating budget of the prosecutorial body.

Article 52. Amount of Interpreter Expenses

1. Based on specific circumstances, interpreter expenses for interpreters summoned by the prosecutorial body include one or more of the following expenses:

a) Fees for the interpreter's services;

b) Travel expenses;

c) Accommodation expenses;

d) Other expenses as prescribed by law;

2. The Government shall provide detailed regulations for Paragraph 1 of this Article.

PART 2

EXPENSES FOR INTERPRETERS REQUESTED BY THE PARTIES

Article 53. Obligation to Pay Interpreter Expenses

For civil cases and administrative litigation cases, the party requesting the court to summon an interpreter is responsible for paying interpreter expenses according to the agreement.

Article 54. Amount of Interpreter Expenses

The amount of interpreter expenses requested by the parties shall be implemented in accordance with Article 52 of this Ordinance, except in cases where there is a different agreement.

Chapter VI
BUDGET FUNDS FOR PAYING EXPENSES FOR APPRAISAL AND VALUATION; EXPENSES FOR WITNESSES AND INTERPRETERS IN PROCEEDINGS

Article 55. Source of Funds for Payment

1. Budget funds for paying appraisal and valuation expenses; expenses for witnesses and interpreters which the prosecutorial body is responsible for paying according to the decision of this Ordinance shall be guaranteed from the state budget according to the annual budget of that body.

2. The state budget guarantees funding for appraisal expenses in cases where the parties are exempted or granted reduced fees for appraisals according to this Ordinance.

Article 56. Preparation of Budget Estimates and Allocation of Funds for Payment

Annually, based on the actual expenses for appraisal and valuation; expenses for witnesses and interpreters of the previous year, the prosecutorial body cooperates with the financial authority at the same level to prepare a budget estimate for payment, to be included in its own annual budget proposal, submitted to the competent state authority for decision in accordance with the law on the state budget, and allocated to the prosecutorial body for implementation of payments.

Article 57. Procedure for Payment of Expenses

The prosecutorial body is responsible for paying expenses to organizations and individuals performing appraisals and valuations; expenses for witnesses and interpreters according to procedures prescribed by the Government.

Chapter VII
IMPLEMENTING PROVISIONS

Article 58. Effective Date

This Ordinance takes effect from January 1, 2013.

Article 59. Detailed Provisions and Guidance for Implementation

The Government, the Supreme People's Court, and the Supreme People's Procuracy within their respective duties and powers are responsible for detailing the provisions assigned and guiding the implementation of this Ordinance.