ORGANIZATIONAL RESOLUTION NO. 05/2024/UBTVQH15 ON LITIGATION COSTS

ORDINANCE

LITIGATION COSTS

On the basis of the Constitution of the Socialist Republic of Vietnam;

Based on the Criminal Procedure Code No. 101/2015/QH13, amended and supplemented by Law No. 02/2021/QH15, Law No. 34/2024/QH15, and Law No. 59/2024/QH15;

Based on the Civil Procedure Code No. 92/2015/QH13, amended and supplemented by Law No. 45/2019/QH14, Law No. 59/2020/QH14, Law No. 13/2022/QH15, Law No. 19/2023/QH15, and Law No. 34/2024/QH15;

Based on the Administrative Procedure Law No. 93/2015/QH13, amended and supplemented by Law No. 55/2019/QH14, and Law No. 34/2024/QH15;

Based on the Law on Organization of People's Courts No. 34/2024/QH15;

The Standing Committee of the National Assembly promulgates the Ordinance on Litigation Costs.

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

Article 1. This Ordinance stipulates certain litigation costs; advance payment for litigation costs; responsibility for payment and obligation to bear litigation costs; funding for payment of litigation costs as prescribed by the Criminal Procedure Code, the Civil Procedure Code, the Administrative Procedure Law, and the Law on Organization of People's Courts.

The determination of litigation costs, advance payment for litigation costs, responsibility for payment, obligation to bear litigation costs, and funding for payment of litigation costs during the process of the People's Court considering and deciding to place drug addicts aged from twelve to under eighteen years old into compulsory rehabilitation facilities and considering and deciding to apply administrative sanctions shall be carried out in accordance with the provisions of this Ordinance.

Article 2. Court fees and judicial fees do not fall within the scope of regulation of this Ordinance.

Article 2. Interpretation of Terms

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

1. Litigation costs are necessary and reasonable amounts of money that must be paid for conducting litigation activities as determined by competent authorities based on the provisions of this Ordinance and other relevant laws.

2. Honorarium expenses are amounts of money paid to persons participating in on-site examination and evaluation, public defenders, witnesses, observers, asset valuation experts, representatives of organizations and individuals conducting appraisals, interpreters, translators, and other participants in court proceedings as stipulated in Article 314 of the Criminal Procedure Code when participating in litigation activities at the request of the competent authority conducting the proceedings.

3. Travel expenses, accommodation rental expenses, and subsistence allowances are amounts of money paid to competent authorities conducting litigation, parties involved in litigation, and invited participants in litigation according to the provisions of the law regarding the content and level of work-related travel expenses and conference expense regulations for state agencies and public service units.

4. Benefits protecting economic activities are expenses directly related to and serving litigation activities, appropriate to the nature and content of the case, and determined based on actual occurrences, contracts (if any), invoices, and receipts in accordance with the law.

5. Advance payment is the amount of money temporarily calculated by the entity, organization, or individual specified in this Ordinance to conduct litigation activities upon the request or requisition of the competent authority conducting the proceedings.

Article 3. Litigation Costs

Litigation costs under this Ordinance include:

1. On-site examination and evaluation costs; on-site examination costs;

2. Asset valuation costs;

3. Appraisal costs;

4. Costs for lay judges;

5. Costs for lawyers, legal aid assistants, and public defenders;

6. Costs for witnesses and observers;

7. Costs for interpreters and translators;

8. Judicial commission costs abroad;

9. Costs for participation in court hearings and meetings to resolve cases.

Article 4. Standards for Litigation Costs

1. The level of fees for remuneration of persons participating in litigation activities and allowances for lay judges shall be specified in the List of Certain Litigation Costs issued together with this Ordinance.

2. The level of costs for expenses outside those prescribed in Clause 1 of this Article shall be determined as follows:

a) For expenses that have established regimes, standards, and cost norms set by competent state agencies, the level of expenditure shall be based on such regimes, standards, and norms;

b) For expenses related to service usage, information collection and analysis costs, consumable material costs, and other costs, the level of expenditure shall be based on actual occurrences according to contracts (if any), invoices, and legal documents.

Article 5. Principles for Collection and Payment of Litigation Costs

Litigation costs must be collected and paid in accordance with the provisions of this Ordinance and other relevant laws.

Article 6. Principles for Waiving and Reducing Advance Litigation Costs for On-Site Examination and Appraisal; Waiving and Reducing Litigation Costs for On-Site Examination and Appraisal in Civil and Administrative Proceedings

1. The waiver and reduction of advance litigation costs for on-site examination and appraisal, and the waiver and reduction of litigation costs for on-site examination and appraisal apply to individuals specified in Articles 7 and 8 of this Ordinance who request on-site examination and appraisal, which are accepted by the Court, and only apply to on-site examinations and appraisals conducted by public institutions and organizations.

2. In cases where parties agree that one party will bear all or part of the on-site examination and appraisal costs, if the party bearing all or part of the costs falls under a situation eligible for waiver or reduction, the Court will only consider waiving or reducing the portion that the person eligible for waiver or reduction must bear according to this Ordinance. The portion of costs that the person pays on behalf of another person will not be waived or reduced.

3. In cases where advance litigation costs for on-site examination and appraisal are waived or reduced, the agency conducting the on-site examination and appraisal and the agency requesting the appraisal are responsible for settling the amount waived or reduced.

Article 7. Individuals Eligible for Waiver of Advance Litigation Costs for On-Site Examination and Appraisal; Waiver of Litigation Costs for On-Site Examination and Appraisal in Civil and Administrative Proceedings

1. Children.

2. Individuals from poor households and near-poor households.

3. Elderly persons receiving social assistance benefits as stipulated by law.

4. Persons with disabilities receiving social assistance benefits as stipulated by law.

5. Persons who have rendered meritorious services to the revolution.

6. Ethnic minority residents in communes and villages with particularly difficult socio-economic conditions.

7. Parents, spouses, and children (both biological and adopted) of martyrs and persons who raised martyrs.

8. Victims of Agent Orange.

Article 8. Individuals Eligible for Reduction of Advance Litigation Costs for On-Site Examination and Appraisal; Reduction of Litigation Costs for On-Site Examination and Appraisal in Civil and Administrative Proceedings

2. Individuals falling under the circumstances specified in Clause 1 of this Article still must bear all on-site examination and appraisal costs when they fall under any of the following situations:

a) There is evidence proving that they are not individuals affected by force majeure events leading to insufficient assets to pay;

b) According to a final judgment or decision of the Court, they have sufficient assets to pay all on-site examination and appraisal costs they are required to bear.

Article 9. Procedures for Requesting Waiver or Reduction of Advance Payment, Waiver or Reduction of Costs for On-Site Examination and Appraisal Fees in Civil and Administrative Litigation Proceedings

1. Within five working days from the date of receiving the notice to pay advance payment for examination and on-site determination costs, or advance payment for appraisal fees, the person obligated to make the advance payment, who is entitled to waiver or reduction under Articles 7 and 8 of this Ordinance, must submit a request for waiver or reduction of advance payment and costs for examination and on-site determination, and appraisal costs to the Court, accompanied by relevant documents and evidence proving their eligibility for such waiver or reduction.

2. The request for waiver or reduction of advance payment and costs for examination and on-site determination, and appraisal costs shall include the following main contents:

a) Date of submission;

b) Name and address of the applicant;

c) Object of examination and on-site determination; object of appraisal request;

d) Reasons and grounds for requesting waiver or reduction.

Article 10. Authority to Decide on Waiver or Reduction of Advance Payment for Examination and On-Site Determination Costs, and Advance Payment for Appraisal Fees in Civil and Administrative Litigation Proceedings

1. For civil cases and administrative cases, the authority to decide on waiver or reduction of advance payment for examination and on-site determination costs, and advance payment for appraisal fees shall be carried out 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 waiver or reduction of advance payment within five working days from the date of receipt of the request. In case the request is accepted, the Court shall issue a written notification specifying the amount waived or reduced. If the request is not accepted, the notification must specify the reasons. Such notification must be sent to the applicant, the agency or organization conducting the examination and on-site determination, and 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 waiver or reduction of advance payment. In case the request is accepted, the Court shall issue a written notification specifying the amount waived or reduced. If the request is not accepted, the notification must specify the reasons. The Bench's notification shall be announced at the trial session and sent to the applicant, the agency or organization conducting the examination and on-site determination, and appraisal within two working days from the date of issuance.

2. For civil matters, the Judge assigned to handle the civil matter has the authority to examine the request and decide on the waiver or reduction of advance payment for examination and on-site determination costs, and advance payment for appraisal fees within five working days from the date of receipt of the request. In case the request is accepted, the Court shall issue a written notification specifying the amount waived or reduced. If the request is not accepted, the notification must specify the reasons. Such notification must be sent to the applicant, the agency or organization conducting the examination and on-site determination, and appraisal within two working days from the date of issuance.

Article 11. Authority to Decide on Waiver or Reduction of Costs for Examination and On-Site Determination, and Appraisal Fees in Civil and Administrative Litigation Proceedings

1. For civil cases and administrative cases, the authority to decide on waiver or reduction of costs for examination and on-site determination, and appraisal fees shall be carried out as follows:

a) In cases resolved without a trial session, the Judge assigned to handle the case has the authority to decide on the waiver or reduction of costs;

b) At the trial session, the Bench has the authority to decide on the waiver or reduction of costs.

2. For civil matters, the Judge assigned to handle the civil matter has the authority to decide on the waiver or reduction of costs for examination and on-site determination, and appraisal fees.

3. The decision on waiver or reduction of costs for examination and on-site determination, and appraisal fees must be recorded in the judgment or decision of the Court.

4. Extracts of judgments or decisions of the Court containing the waiver or non-waiver of costs for examination and on-site determination, and appraisal fees must be sent to the applicant, the agency or organization conducting the examination and on-site determination, and appraisal within three working days from the date of issuance of the judgment or decision.

Article 12. Levels of reduction for advance payment of costs for on-site examination and assessment, advance payment of costs for appraisal; levels of reduction for costs of on-site examination and assessment, costs of appraisal in civil proceedings and administrative proceedings

The level of advance payment for costs of on-site examination and assessment, advance payment for costs of appraisal shall not exceed 50% of the advance payment and costs that the person must pay, as provided for in Clause 1 of Article 8 of this Ordinance.

Article 13. Handling complaints and reports regarding litigation costs

1. Authorities, organizations, and individuals have the right to lodge complaints with the Chief Judge of the Court handling and resolving the case within three working days from the date they receive the notification from the competent Court about the advance payment of litigation costs and the exemption and reduction of advance payment of costs, exemption and reduction of costs of on-site examination and assessment, costs of appraisal.

The Chief Judge of the Court handling and resolving the case must consider and resolve the complaint within three working days from the date of receipt of the complaint. The decision of the Chief Judge of the Court handling and resolving the case is the final decision.

2. Complaints and the resolution of complaints regarding the obligation to pay litigation costs in court judgments and decisions are carried out in accordance with the provisions of the law on litigation procedures.

3. Reports and the resolution of reports regarding litigation costs are carried out in accordance with the provisions of the law on reporting.

Chapter II

COSTS OF ON-SITE EXAMINATION AND ASSESSMENT IN CIVIL PROCEEDINGS AND ADMINISTRATIVE PROCEEDINGS; COSTS OF ON-SITE EXAMINATION IN CRIMINAL PROCEEDINGS

Section 1

COSTS OF ON-SITE EXAMINATION AND ASSESSMENT IN CIVIL PROCEEDINGS AND ADMINISTRATIVE PROCEEDINGS

Article 14. Determination of costs of on-site examination and assessment

Costs of on-site examination and assessment include one or more of the following costs:

1. Costs for persons invited to participate in on-site examination and assessment include:

a) Remuneration costs as stipulated in the List of some litigation costs issued together with this Ordinance;

b) Travel expenses;

c) Room rental expenses;

d) Subsistence allowance;

2. Service usage costs;

3. Other costs.

Article 15. Service usage costs

Service usage costs are applied when it is necessary to use units or organizations with specialized functions to carry out measurement, map overlay, and other outsourced service usage costs directly serving the on-site examination and assessment.

Article 16. Obligation to pay advance payment, obligation to bear costs, handling of advance payment for costs of on-site examination and assessment

1. The obligation to pay advance payment, the obligation to bear costs, and the handling of advance payment for costs of on-site examination and assessment during the resolution of civil cases are implemented according to the provisions of Articles 156, 157, and 158 of the Civil Procedure Code.

2. The obligation to pay advance payment, the obligation to bear costs, and the handling of advance payment for costs of on-site examination and assessment during the resolution of administrative cases are implemented according to the provisions of Articles 357, 358, and 359 of the Administrative Procedure Law.

Article 17. Procedures for paying advance payment for costs of on-site examination and assessment

1. Within five working days from the date of receiving the request for on-site examination and assessment or upon finding it necessary to conduct on-site examination and assessment, the Court determines the amount of advance payment for costs of on-site examination and assessment and notifies the person obligated to pay to submit the advance payment to the Court; the notification must clearly state the amount, deadline, and method of payment.

2. Within seven days from the date of receiving the Court's notification as provided for in Clause 1 of this Article or within five working days from the date of receiving the notification accepting or rejecting the request for exemption or reduction of advance payment for costs of on-site examination and assessment, the person obligated to pay the advance payment for costs of on-site examination and assessment must make the payment, except where the parties have agreed otherwise or the law provides differently. If the person obligated does not make the advance payment within this period, the Court will handle the case according to the provisions of the Civil Procedure Code and the Administrative Procedure Law.

Section 2

COSTS OF ON-SITE EXAMINATION IN CRIMINAL PROCEEDINGS

Article 18. Determination of on-site examination costs

On-site examination costs include one or more of the following costs:

1. On-site examination costs for other participants in the court session as stipulated in Article 314 of the Criminal Procedure Code include:

a) Remuneration costs as stipulated in the List of some litigation costs issued together with this Ordinance;

b) Travel expenses;

c) Room rental expenses;

d) Subsistence allowance;

2. On-site examination costs for those conducting the on-site examination include:

a) Travel expenses;

b) Room rental expenses;

c) Subsistence allowance;

3. Service usage costs;

4. Other costs.

Article 19. Service usage costs

Service usage costs are applied when it is necessary to use units or organizations with specialized functions to perform tasks and other outsourced service usage costs aimed at directly serving the on-site examination.

Article 20. Responsibility for paying on-site examination costs

The competent authority conducting litigation proceedings that conducts on-site examinations shall be responsible for paying the on-site examination costs.

Chapter III

ASSESSMENT COSTS FOR ASSETS

Section 1

ASSESSMENT COSTS FOR ASSETS IN CIVIL LITIGATION AND ADMINISTRATIVE LITIGATION

Article 21. Determination of asset assessment costs in civil litigation and administrative litigation

Asset assessment costs include one or more of the following costs:

1. Costs for members of the Appraisal Board include:

a) Remuneration costs as stipulated in the List of some litigation costs issued together with this Ordinance;

b) Travel expenses;

c) Room rental expenses;

d) Subsistence allowance;

2. Costs for collecting and analyzing information about the object to be assessed;

3. Consumable material costs;

4. Service usage costs;

5. Other costs.

Article 22. Costs for collecting and analyzing information about the object to be assessed

Costs for collecting and analyzing information about the object to be assessed include one or more of the following costs:

1. Costs for generally identifying the asset to be assessed;

2. Costs for preparing an appraisal plan for the asset;

3. Costs for on-site surveys and collecting information related to the asset to be assessed;

4. Costs for analyzing information related to the asset to be assessed.

Article 23. Consumable material costs

If consumable materials are used during the appraisal process, the Appraisal Board shall determine the consumable material costs based on the volume of appraisal work, regulations applicable to each object to be assessed, and appropriate standards for the appraisal field.

In cases where there are no legal provisions on consumable material standards, the Appraisal Board shall base the determination of consumable material costs on relevant regulations and conditions for using materials to serve the appraisal process. The Appraisal Board must bear responsibility for the appropriateness of the determined consumable material costs and notify the litigation authority that requested the asset appraisal when implementing the procedures stipulated in Clause 1 of Article 26 of this Ordinance.

Article 24. Service usage costs

Service usage costs are applied when it is necessary to use the expertise of experts, consulting services from valuation companies, or other consulting units as a reference basis for asset valuation activities and other outsourced service usage costs aimed at directly serving the asset valuation process.

Article 25. Obligation to pay advance payment, obligation to bear costs, handling of advance payment for asset valuation costs

1. The obligation to pay advance payment, the obligation to bear costs, and the handling of advance payment for asset valuation costs in civil dispute resolution are implemented according to Articles 164, 165, and 166 of the Civil Procedure Code.

2. The obligation to pay advance payment, the obligation to bear costs, and the handling of advance payment for asset valuation costs in administrative case resolution are implemented according to Articles 365, 366, and 367 of the Administrative Procedure Law.

Article 26. Procedure for Payment of Advance Funds for Asset Valuation Costs

1. Within five working days from the date of establishment, the Appraisal Council must notify the Court of the amount, deadline, and method for paying advance funds for asset valuation costs.

2. Within two working days from the date of receiving the notification from the Appraisal Council, the Court has the responsibility to notify the person obligated to pay the advance funds for asset valuation costs.

3. Within seven days from the date of receiving the Court's notification, the person obligated to pay the advance funds for asset valuation costs must make the payment, except in cases where the parties have agreed otherwise or where the law provides differently.

4. Within two working days from the date of collecting the advance funds for asset valuation costs, the Court must transfer the amount to the Appraisal Council. The Appraisal Council must issue a receipt for the advance funds for asset valuation costs to the Court.

Article 27. Costs for Revaluation

The determination of costs, obligation to pay advance funds, responsibility to bear costs, handling of advance funds, and procedure for payment of advance funds for revaluation shall be carried out according to the provisions of this Section.

Section 2

COSTS FOR ASSET VALUATION IN CRIMINAL PROCEEDINGS

Article 28. Determination of Costs for Asset Valuation in Criminal Proceedings

The costs for asset valuation shall be determined according to the provisions of Articles 21, 22, 23, and 24 of this Ordinance.

Article 29. Obligation to Pay Advance Funds for Asset Valuation Costs

The competent authority conducting criminal proceedings that requests asset valuation shall be responsible for paying the advance funds for asset valuation costs.

Article 30. Procedure for Payment of Advance Funds for Asset Valuation Costs

1. The Appraisal Council determines and notifies the competent authority conducting criminal proceedings that requested asset valuation of the amount, deadline, and method for paying advance funds for asset valuation costs.

2. The competent authority conducting criminal proceedings that requested asset valuation shall be responsible for paying the advance funds for asset valuation costs according to the notification of the Appraisal Council.

Article 31. Responsibility for Payment of Asset Valuation Costs

The responsibility for paying asset valuation costs to the Appraisal Council shall be implemented according to the provisions of the law on criminal proceedings and the law on asset valuation.

Article 32. Costs for Revaluation

The determination of costs, obligation to pay advance funds, procedure for payment of advance funds, and responsibility for payment of revaluation costs shall be carried out according to the provisions of this Section.

Chapter IV

EXPENSES FOR APPRAISAL

Section 1

EXPENSES FOR APPRAISAL IN CIVIL LITIGATION AND ADMINISTRATIVE LITIGATION

Article 33. Determination of Appraisal Expenses

Appraisal expenses include one or more of the following expenses:

1. Expenses for the organization or individual performing the appraisal including:

a) Wages and remuneration;

b) Travel expenses;

c) Room rental expenses;

d) Subsistence allowance;

2. Depreciation and amortization expenses for machinery, equipment, and devices;

3. Consumable material costs;

4. Service usage costs;

5. Other costs.

Article 34. Wages and Remuneration for Organizations and Individuals Performing Appraisals

1. The organization performing the appraisal, based on the content of the appraisal request, workload, time required to perform the appraisal, and the wage regulations applicable to its own agency or organization, shall determine the wage expenses as the basis for notifying the investigative authority.

2. Judicial appraisers and case-specific judicial appraisers who do not receive salaries from the state budget, based on the content of the appraisal request, workload, time required to perform the appraisal, and their actual wages and income, shall determine reasonable remuneration and notify the investigative authority.

3. Judicial appraisers and case-specific judicial appraisers who receive salaries from the state budget, based on the regulations of the law on judicial appraisal allowances, shall determine the judicial appraisal remuneration and notify the investigative authority.

Article 35. Depreciation costs, amortization costs of machinery, equipment, means, and consumable material costs

Clause 1. Organizations or individuals conducting appraisal, when performing appraisals, if they must use machinery, equipment, means, and materials, shall be entitled to determine depreciation costs, amortization costs of machinery, equipment, means, and consumable material costs.

Clause 2. Depreciation costs, amortization costs of machinery, equipment, means, and consumable material costs shall be determined based on the volume of work, the appraisal implementation process, standards, and appropriate rates for the field of appraisal.

In cases where there are no legal provisions regarding the rates of depreciation, amortization of machinery, equipment, means, and consumable materials, organizations or individuals conducting appraisals shall base their determination of costs on relevant regulations and conditions for using machinery, means, equipment, and materials for appraisal purposes. Organizations or individuals conducting appraisals shall bear responsibility for the appropriateness of the determined depreciation costs, amortization costs of machinery, equipment, means, and consumable material costs, and shall notify the investigative authority that issued the appraisal request decision pursuant to Clause 1 of Article 38 of this Ordinance when implementing the procedures stipulated therein.

Article 36. Service Usage Costs

Service usage costs shall be applied in cases where it is necessary to use supplementary experimental results, testing conclusions, specialized opinions, preservation services performed by other individuals or organizations, and other outsourced service usage costs aimed at directly serving the appraisal process.

Article 37. Obligation to Pay Advance Payment, Liability for Costs, Handling of Advance Payment for Appraisal Costs

Clause 1. The obligation to pay advance payment, liability for costs, and handling of advance payment for appraisal costs in civil dispute resolution shall be implemented according to Articles 160, 161, and 162 of the Civil Procedure Code.

Clause 2. The obligation to pay advance payment, liability for costs, and handling of advance payment for appraisal costs in administrative case resolution shall be implemented according to Articles 361, 362, and 363 of the Administrative Procedure Law.

Article 38. Procedures for Submitting Advance Payment for Appraisal Costs

Clause 1. Within five working days from the date of receipt of the court's appraisal request decision, the organization or individual conducting the appraisal must notify the court of the amount, deadline, and method for submitting advance payment for appraisal costs.

Clause 2. Within two working days from the date of receipt of the notification from the organization or individual conducting the appraisal, the court has the responsibility to notify the person obligated to submit advance payment for appraisal costs to the court.

Clause 3. Within seven days from the date of receipt of the court's notification or within five working days from the date of receipt of the decision not to accept the request for exemption or reduction of advance payment for appraisal costs or the decision to reduce advance payment for appraisal costs, the person obligated must submit advance payment for appraisal costs to the court, except in cases where the law provides otherwise.

Clause 4. Within two working days from the date of collection of advance payment for appraisal costs, the court must transfer the amount to the organization or individual conducting the appraisal. The organization or individual conducting the appraisal must issue an invoice or receipt for advance payment for appraisal costs to the court.

Article 39. Supplementary and Re-examination Appraisal Costs

The determination of costs, the obligation to pay advance payment, the responsibility for bearing costs, the handling of advance payments, and the procedures for paying advance payment for supplementary and re-examination appraisals shall be carried out in accordance with the provisions of this Section.

Article 40. Responsibility for Specifying Calculation Methods and Principles for Appraisal Costs

Ministries and the Supreme People's Procuracy, which have management authority over public judicial appraisal organizations, shall specify the calculation methods, principles for calculating costs, economic and technical norms, and cost standards (if applicable) within the scope of their management authority in the field of appraisal.

In cases where necessary, the Government shall direct relevant ministries and agencies at the level of ministries that have specialized management authority in the field of appraisal to specify the calculation methods, principles for calculating costs, economic and technical norms, and cost standards (if applicable) within the scope of their management authority in the field of appraisal.

Section 2

APPRAISAL COSTS IN CRIMINAL PROCEEDINGS

Article 41. Determination of Appraisal Costs

The determination of appraisal costs shall be carried out in accordance with the provisions of Articles 33, 34, 35, 36, and 40 of this Ordinance.

Article 42. Obligation to Pay Advance Payment for Appraisal Costs

The competent authority conducting criminal proceedings that issues a decision to request an appraisal shall be responsible for paying the advance payment for appraisal costs.

Article 43. Obligation to Pay Appraisal Costs

1. The competent authority conducting criminal proceedings that issues a decision to request an appraisal shall be responsible for paying the appraisal costs, except in the case provided for in Clause 2 of this Article.

2. In cases where a criminal 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 155 of the Criminal Procedure Code, the competent authority conducting criminal proceedings shall not bear the appraisal costs; the person who requested the initiation of the case must reimburse the competent authority conducting criminal proceedings for the appraisal costs already paid.

3. In cases where the civil plaintiff, civil defendant, or a party with rights and obligations related to a criminal case requests an appraisal, the person making the request shall bear the appraisal costs.

Article 44. Procedures for Paying Advance Payment for Appraisal Costs

1. The organization or individual performing the appraisal shall determine and notify the competent authority conducting criminal proceedings that issued the decision to request an appraisal about the amount, deadline, and method of paying the advance payment for appraisal costs.

2. The competent authority conducting criminal proceedings that issued the decision to request an appraisal shall be responsible for paying the advance payment for appraisal costs according to the notification from the organization or individual performing the appraisal.

Article 45. Supplementary and Re-examination Appraisal Costs

The determination of costs, the obligation to pay advance payment, the procedures for paying advance payment, and the obligation to pay supplementary and re-examination appraisal costs shall be carried out in accordance with the provisions of this Section.

Chapter V

COSTS FOR JURY PANELS

Article 46. Determination of Costs for Jury Panels

Costs for jury panels include one or more of the following expenses:

1. Trial allowance;

2. Travel expenses;

3. Room rental expenses;

4. Lodging allowance;

5. Other costs.

Article 47. Trial Allowance

1. The trial allowance is a sum of money paid to the jury panel when performing the duty of adjudication.

2. The trial allowance for the jury panel is calculated based on the actual number of days spent participating in court sessions, studying case files, confirmed by the court's decision to bring the case to trial.

3. The level of trial allowance for the jury panel is specified in the list of some litigation expenses promulgated together with this Ordinance.

Article 48. Responsibility for Paying Costs to Lay Judges

The court that issues the decision to bring the case to trial shall be responsible for paying costs to lay judges.

Chapter VI

COSTS FOR LAWYERS, LEGAL ASSISTANCE COUNSELORS, AND PUBLIC DEFENDERS IN CASES WHERE A DEFENDER IS APPOINTED

Article 49. Determination of Costs for Lawyers, Legal Assistance Counselors, and Public Defenders in Cases Where a Defender Is Appointed

1. The cost for a lawyer appointed as a defender by a law practice organization shall be determined in accordance with the provisions of the law on lawyers; the cost for a legal assistance counselor or lawyer appointed as a defender by the State Legal Aid Center shall be determined in accordance with the provisions of the law on legal aid.

2. The cost for a public defender includes one or more of the following costs:

a) Remuneration costs as stipulated in the List of some litigation costs issued together with this Ordinance;

b) Travel expenses;

c) Room rental expenses;

d) Subsistence allowance;

d) Other costs.

Article 50. Responsibility for Paying Costs to Lawyers, Legal Assistance Counselors, and Public Defenders in Cases Where a Defender Is Appointed

1. The authority conducting litigation that appoints a defender shall be responsible for paying costs to a lawyer appointed as a defender by a law practice organization and to a public defender appointed by the Vietnam Fatherland Front Committee and its member organizations.

2. The State Legal Aid Center shall be responsible for paying costs to a legal assistance counselor or lawyer appointed as a defender when the Center appoints the defender.

Chapter VII

COSTS FOR WITNESSES AND EXPERTS

Section 1

COSTS FOR WITNESSES IN CIVIL LITIGATION AND ADMINISTRATIVE LITIGATION

Article 51. Determination of Costs for Witnesses

The cost for witnesses summoned by the court includes one or more of the following costs:

1. Remuneration costs as specified in the List of Certain Litigation Costs attached to this Ordinance.

2. Travel expenses;

3. Room rental expenses;

4. Lodging allowance;

5. Other costs.

Article 52. Obligation to Pay Advance Costs for Witnesses

1. The person requesting the court to summon a witness has the obligation to pay advance costs for the witness.

2. The amount of advance costs for the witness is calculated based on the cost for the witness as stipulated in Article 51 of this Ordinance.

Article 53. Procedure for Paying Advance Costs for Witnesses

1. The person requesting the court to summon a witness has the obligation to provide information about the number of witnesses, their place of work, place of residence, and other necessary information as a basis for the court to determine the amount of advance costs for the witness.

2. Within five working days from the date of receiving the request to summon a witness, the court determines the amount of advance costs for the witness and notifies the requester to pay the advance costs to the court, specifying the amount, deadline, and method of payment.

3. Within seven days from the date of receiving the court's notification, the person requesting the court to summon a witness must pay the advance costs for the witness.

Article 54. Obligation to Bear Costs for Witnesses

1. The obligation to bear costs for witnesses in civil cases is implemented according to the provisions of Article 167 of the Civil Procedure Code.

2. The obligation to bear costs for witnesses in administrative cases is implemented according to the provisions of Article 368 of the Administrative Procedure Law.

Article 55. Handling Advance Payments for Witness Expenses

In cases where the advance payment for witness expenses submitted is insufficient to cover the actual expenses, the person obligated to submit the advance payment must pay the remaining amount; if the advance payment exceeds the actual expenses, the excess amount will be refunded to the person who made the advance payment. If the person who made the advance payment for the witness does not have the obligation to bear the expenses according to Article 54 of this Ordinance, they shall be refunded the amount paid.

Section 2

EXPENSES FOR WITNESSES AND OBSERVERS IN CRIMINAL PROCEEDINGS

Article 56. Determining Expenses for Witnesses and Observers

The expenses for witnesses and observers summoned by the competent authority conducting proceedings include one or more of the following expenses:

1. Remuneration costs as specified in the List of Certain Litigation Costs attached to this Ordinance.

2. Travel expenses;

3. Room rental expenses;

4. Lodging allowance;

5. Other costs.

Article 57. Responsibility for Paying Expenses for Witnesses and Observers

The competent authority summoning witnesses and observers is responsible for paying their expenses.

Chapter VIII

EXPENSES FOR INTERPRETERS AND TRANSLATORS

Section 1

EXPENSES FOR INTERPRETERS IN CIVIL AND ADMINISTRATIVE PROCEEDINGS

Article 58. Determining Expenses for Interpreters

The expenses for interpreters include one or more of the following expenses:

1. Interpreter fees;

2. Travel expenses;

3. Room rental expenses;

4. Lodging allowance;

5. Other costs.

Article 59. Interpreter Fees

1. The level of interpreter fees for oral and document interpretation in foreign languages shall be implemented at the rate of translation fees as stipulated by laws on reception and hospitality for foreign guests working in Vietnam, the regulations on costs for organizing international conferences and seminars in Vietnam, and the regulations on domestic hospitality.

2. The level of interpreter fees for oral and document interpretation in ethnic minority languages shall be implemented at the rate of ethnic language interpretation fees as stipulated by laws on ethnic language interpretation rates, and the rates for translating ethnic language educational materials to ensure the dissemination and education of the law.

3. The level of interpreter fees for sign language interpreters for visually impaired persons and speech-impaired persons shall be implemented at the rate specified in Clause 2 of this Article.

Article 60. Obligation to Bear Costs for Interpreters

1. The obligation to bear costs for interpreters in civil dispute resolution shall be carried out according to the provisions of Clauses 1, 3, and 4 of Article 168 of the Civil Procedure Code.

2. The obligation to bear costs for interpreters in administrative litigation shall be carried out according to the provisions of Clauses 1, 3, and 4 of Article 369 of the Administrative Procedure Law.

Section 2

EXPENSES FOR INTERPRETERS AND TRANSLATORS IN CRIMINAL PROCEEDINGS

Article 61. Determining Expenses for Interpreters and Translators

The expenses for interpreters and translators shall be implemented according to the provisions of Articles 58 and 59 of this Ordinance.

Article 62. Responsibility for Paying Expenses for Interpreters and Translators

The competent authority requesting the services of interpreters and translators is responsible for paying their expenses.

Chapter IX

LEGAL COMMISSIONING FEES ABROAD

Section 1

LEGAL COMMISSIONING FEES ABROAD

IN CIVIL AND ADMINISTRATIVE PROCEEDINGS

UNDER THE LAW ON JUDICIAL ASSISTANCE

Article 63. Determination of Costs for Judicial Commission Abroad

1. Costs for judicial commission abroad include one or more of the following costs:

a) Translation, notarization, authentication costs of the judicial commission dossier, notification of the results of implementation by the country receiving the judicial commission;

b) Service of process costs for judicial commission dossiers abroad;

c) Costs for collecting and providing evidence abroad;

d) Other costs as prescribed by Vietnamese law and the laws of the relevant foreign country (if applicable), in addition to the costs specified in points a, b, and c of this clause.

2. The determination of costs as stipulated in Clause 1 of this Article shall be carried out in accordance with the law on judicial assistance.

Article 64. Obligation to Pay Advance Payment, Liability for Costs, and Handling of Advance Payment for Judicial Commission Abroad Costs

1. The obligation to pay advance payment, liability for costs, and handling of advance payment for judicial commission abroad costs in civil proceedings shall be implemented according to the provisions of Articles 152, 153, and 154 of the Civil Procedure Code.

2. The obligation to pay advance payment, liability for costs, and handling of advance payment for judicial commission abroad costs in administrative proceedings shall be implemented according to the provisions of Articles 353, 354, and 355 of the Administrative Procedure Law.

Section 2

COSTS FOR JUDICIAL COMMISSION ABROAD IN

CRIMINAL PROCEEDINGS UNDER THE LAW ON JUDICIAL ASSISTANCE

Article 65. Determination of Costs for Judicial Commission Abroad

1. Costs for judicial commission abroad include one or more of the following costs:

a) Costs for processing judicial commission dossiers;

b) Translation costs;

c) Costs for summoning witnesses and experts;

d) Service of process costs for judicial commission dossiers abroad;

đ) Costs for sending judicial assistance documents and dossiers abroad;

e) Costs for collecting and providing evidence abroad;

g) Other judicial commission costs (if any) as prescribed by Vietnamese law and the laws of the relevant foreign country.

2. The determination of costs as stipulated in Clause 1 of this Article shall be carried out in accordance with the law on judicial assistance.

Article 66. Responsibility for Paying Costs for Judicial Commission Abroad

1. The responsibility for paying costs for judicial commission abroad shall be carried out according to the provisions of the law on judicial assistance.

2. In cases where both Vietnam and the foreign country are members of an international treaty, the costs for judicial commission abroad shall be carried out according to that international treaty.

3. In cases where neither Vietnam nor the foreign country is a member of an international treaty, the payment of costs for judicial commission abroad shall be carried out based on the principle of reciprocity.

Section 3

COSTS FOR SERVICE OF PROCESS AND NOTIFICATION OF LITIGATION DOCUMENTS ABROAD IN

CIVIL PROCEEDINGS AND ADMINISTRATIVE PROCEEDINGS THROUGH THE REPRESENTATIVE AGENCY OF THE SOCIALIST REPUBLIC OF VIETNAM ABROAD

THROUGH THE REPRESENTATIVE OF THE SOCIALIST REPUBLIC

Article 67. Determination of Costs for Service of Process and Notification of Litigation Documents

Costs for service of process and notification of litigation documents through the Representative Agency of the Socialist Republic of Vietnam abroad include one or more of the following costs:

1. Photocopying costs of litigation documents;

2. Postal service fees within the country;

3. Postal service fees abroad;

4. Translation costs;

5. Authentication costs;

6. Other costs.

Article 68. Obligation to Pay Advance Payment, Liability for Costs, and Handling of Advance Payment for Service of Process and Notification of Litigation Documents

1. The obligation to pay advance payment, liability for costs, and handling of advance payment for service of process and notification of litigation documents abroad in civil proceedings shall be implemented according to the provisions of Articles 152, 153, and 154 of the Civil Procedure Code, except for the case stipulated in Clause 3 of this Article.

2. The obligation to pay advance payment, liability for costs, and handling of advance payment for service of process and notification of litigation documents abroad in administrative proceedings shall be implemented according to the provisions of Articles 353, 354, and 355 of the Administrative Procedure Law.

3. Liability for costs for service of process and notification of litigation documents abroad for requests to recognize and enforce or not recognize at home foreign court judgments and arbitral awards shall be implemented according to the provisions of Clause 2 of Article 430 of the Civil Procedure Code.

4. The Representative Agency of the Socialist Republic of Vietnam abroad shall use regular operating funds to temporarily cover postal service fees abroad when implementing service of process and notification of litigation documents requests from courts.

5. The Supreme People's Court shall take the lead and coordinate with the Ministry of Foreign Affairs to specify detailed procedures for collecting and paying advance payments, costs for service of process and notification of litigation documents through the Representative Agency of the Socialist Republic of Vietnam abroad.

COSTS FOR PARTICIPATION IN COURT SESSIONS, MEETINGS TO RESOLVE CASES AND CASES

Chapter X

COSTS FOR PARTICIPATING IN COURT SESSIONS, MEETINGS TO RESOLVE CASES, AND PROCEEDINGS

Article 69. Determination of Costs for Participation in Court Sessions and Meetings

1. The costs for participation in court sessions and meetings for asset valuation experts, representatives of organizations conducting appraisals, individuals conducting appraisals, interpreters, translators, and other participants in court sessions as stipulated in Article 314 of the Criminal Procedure Code include one or more of the following costs:

a) Remuneration costs as stipulated in the List of some litigation costs issued together with this Ordinance;

b) Travel expenses;

c) Room rental expenses;

d) Subsistence allowance;

d) Other costs.

2. Interpreters who have been paid for their services during civil and administrative proceedings according to the provisions of Articles 58 and 59 of this Ordinance shall not be entitled to the costs for participation in court sessions and meetings as provided for in Clause 1 of this Article.

Article 70. Responsibility for Payment of Costs for Participation in Court Sessions and Meetings

The court that issues a decision to bring a case to trial or convenes a meeting to resolve civil matters shall be responsible for paying the costs for participation in court sessions and meetings.

Chapter XI

COURT COSTS FOR PAYMENT OF LITIGATION EXPENSES

Article 71. Sources of Funding for Payment of Litigation Expenses

1. The funds for payment of litigation expenses that the competent authorities conducting litigation and related agencies are responsible for paying according to the provisions of this Ordinance shall be guaranteed from the state budget in accordance with the laws on the state budget and other relevant laws.

2. The funding for payment of expenses for lay judges shall be allocated in the annual state budget estimate of the court according to the laws on the state budget.

Article 72. Budgeting and Settlement of Funds for Payment of Litigation Expenses

1. Annually, based on the actual litigation expenses incurred in the previous year, the competent authorities conducting litigation and related agencies shall be responsible for preparing a budget for the payment of litigation expenses to be included in their own annual budget estimates and submitted to the competent state authority for approval in accordance with the laws on the state budget.

2. The Government shall provide detailed regulations on the procedures and formalities for preparing budgets and settling funds for the payment of litigation expenses.

Chapter XII

IMPLEMENTING PROVISIONS

Article 73. Effective Date

1. This Ordinance shall take effect from July 1, 2025.

2. The Ordinance on Appraisal and Valuation Costs; Costs for Witnesses and Interpreters in Litigation No. 02/2012/UBTVQH13 shall cease to be effective from the date this Ordinance takes effect.

This Ordinance was adopted by the Standing Committee of the National Assembly of the Socialist Republic of Vietnam, Session XV, on December 11, 2024.

 

 

LIST

CERTAIN LITIGATION EXPENSES
(Issued together with Ordinance No. 05/2024/UBTVQH15 dated December 11, 2024)