Ordinance No. 10/2009/UBTVQH12 on Court Fees and Litigation Fees

ORDINANCE

Court Fees

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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. 11/2007/QH12 on the Legislative Program of the National Assembly for the 2007-2011 term and 2008;

The Standing Committee of the National Assembly promulgates the Ordinance on Court Fees,

PART I

GENERAL PROVISIONS

Article 1. Scope of Regulation

This Ordinance stipulates types of court fees applicable to persons convicted, parties involved in criminal, civil, and administrative cases; levels of court fees; principles of collection and payment; conditions and procedures for exemption; situations where advance payment of court fees is not required; obligations to pay court fees; competent authorities for collection; handling of advance payments of court fees; and resolution of complaints regarding court fees.

Article 2. Applicability

This Ordinance applies to domestic agencies, organizations, and individuals, as well as foreign agencies, organizations, and individuals related to court fees.

Article 3. Court Fees

1. Court fees include the following types:

a) Criminal court fees;

b) Civil court fees, including fees for resolving civil disputes, family disputes, business, and commercial disputes, labor disputes;

c) Administrative court fees.

2. The types of court fees specified in Clause 1 of this Article include first-instance court fees and appeal court fees.

Article 4. Court Fees

1. Court fees for civil matters as prescribed in Clauses 1, 2, 3, 4, and 6 of Article 26, and Clauses 1, 2, 3, 4, 5, and 7 of Article 28 of the Civil Procedure Code.

2. Court fees for recognizing and enforcing foreign court decisions, foreign arbitral awards in Vietnam, including:

a) Court fees for recognizing and enforcing foreign civil, labor, business, and commercial judgments, decisions, and property-related decisions in criminal and administrative judgments, decisions in Vietnam;

b) Court fees for refusing to recognize foreign civil, labor, business, and commercial judgments, decisions, and property-related decisions in criminal and administrative judgments, decisions without enforcement requests in Vietnam;

c) Court fees for recognizing and enforcing foreign arbitral awards in Vietnam.

3. Court fees for civil matters related to the activities of the Vietnam Commercial Arbitration Commission.

4. Court fees for filing bankruptcy proceedings.

5. Court fees for examining the legality of strikes.

6. Court fees for seizing ships and aircraft.

7. Court fees for executing judicial assistance from foreign courts in Vietnam.

8. Court fees for issuing copies of documents and materials at the court, including:

a) Court fees for copying evidence and documents in case files conducted by the court;

b) Court fees for issuing copies of court judgments and decisions;

c) Court fees for issuing copies of certificates of criminal record clearance;

d) Court fees for issuing other copies of court documents.

Article 5. Levels of Court Fees

Specific levels of court fees for each type of case are detailed in the List of Court Fee Levels attached to this Ordinance.

Article 6. Principles of Collection and Payment of Court Fees

1. Court fees are collected in Vietnamese Dong.

2. Authorities with the power to collect advance payments of court fees must use receipts issued by the Ministry of Finance.

Article 7. Advance payment for court fees and advance payment for court charges

1. Advance payment for court fees includes advance payment for first-instance court fees and advance payment for appellate court fees.

2. Advance payment for court charges to resolve civil matters includes advance payment for first-instance court charges and advance payment for appellate court charges in cases where a decision of the first-instance court can be appealed according to the Civil Procedure Code.

Article 8. Obligation to pay advance payment for court fees, advance payment for court charges, court fees, and court charges

Individuals, agencies, and organizations must pay advance payment for court fees, advance payment for court charges, court fees, and court charges, except in cases where they are not required to pay or are exempted from paying advance payment for court fees, advance payment for court charges, court fees, and court charges as stipulated in this Ordinance.

Article 9. Agencies collecting advance payment for court fees, advance payment for court charges, court fees, and court charges

1. The agency enforcing civil judgments collects court fees as prescribed in Article 3 and various types of court charges as prescribed in Clauses 1, 4, and 5 of Article 4; Point d Clause 1 of Article 43 of this Ordinance.

2. Courts collect court charges as prescribed in Clauses 3, 6, and 8 of Article 4; Clause 4 of Article 42 of this Ordinance.

3. The Ministry of Justice collects court charges as prescribed in Clause 2 and Clause 7 of Article 4 of this Ordinance.

4. Agencies authorized to collect court fees and court charges as prescribed in Clauses 1 and 2 of this Article have the authority to collect advance payment for court fees and advance payment for court charges.

Article 10. Exemption from paying advance payment for court fees and court fees

In the following cases, there is no need to pay advance payment for court fees and court fees:

1. Individuals who file complaints about the voter list for electing National Assembly deputies and People's Council deputies.

2. Agencies and organizations initiating civil lawsuits to protect the legitimate rights and interests of others, public interest, and state interests.

3. The Public Prosecutor initiating administrative criminal cases.

4. The Public Prosecutor appealing court decisions through the appellate procedure.

5. Agencies and organizations as prescribed in Clause 2 of this Article appealing court decisions through the appellate procedure.

Article 11. Exemption from paying full advance payment for court fees and court fees

In the following cases, full advance payment for court fees and court fees is exempted:

1. Individuals initiating administrative litigation who are war invalids; parents of martyrs; individuals who have made contributions to the revolution.

2. Workers initiating lawsuits to claim wages, unemployment benefits, severance pay, social insurance, compensation for work-related accidents, occupational diseases; resolving issues of compensation for damages or wrongful termination of employment contracts.

3. Individuals requesting maintenance payments, seeking to establish paternity or maternity for minor children or incapacitated adult children.

4. Individuals complaining about administrative decisions or actions in applying or implementing educational administrative measures at commune, ward, town level; sending to educational institutions; sending to educational facilities, sending to treatment facilities.

5. Individuals and households classified as poor according to government regulations.

6. Individuals requesting compensation for life, health, reputation, and personality.

Article 12. Exemption from paying advance payment for court charges and court charges

In the following cases, there is no need to pay advance payment for court charges and court charges:

1. Workers submitting applications to the court to initiate bankruptcy proceedings for enterprises or cooperatives.

2. The grassroots trade union committee requesting the court to examine the legality of a strike.

3. Representatives of groups of workers requesting the court to examine the legality of a strike.

4. Agencies and organizations requesting the court to annul illegal marriages.

5. Supervising appeals against court decisions through the appellate procedure.

Article 13. Exemption from the entire advance payment of litigation fees and court fees

Individuals and households classified as poor according to the Government's regulations are exempted from the entire advance payment of litigation fees and court fees as stipulated in Clause 1, Article 4 of this Ordinance.

Article 14. Exemption from part of the advance payment of court costs, litigation fees, court costs, and court fees

1. Persons experiencing economic difficulties, confirmed by the People's Committee of the commune, ward, or town where they reside or by the organization or entity where they work, shall be exempted from part of the advance payment of court costs.

2. Persons experiencing economic difficulties, confirmed by the People's Committee of the commune, ward, or town where they reside or by the organization or entity where they work, shall be exempted from part of the advance payment of litigation fees and court fees as stipulated in Clause 1, Article 4 of this Ordinance.

3. The amount exempted under Clauses 1 and 2 of this Article shall not exceed 50% of the advance payment of court costs, litigation fees, court costs, and court fees that such person must pay.

Article 15. Submission of Application for Exemption from Advance Payment of Court Costs, Litigation Fees, Court Costs, and Court Fees

1. Persons applying for exemption from the advance payment of court costs, litigation fees, court costs, and court fees, as provided for in Articles 11, 13, and 14 of this Ordinance, must submit an application to the competent court along with supporting documents and evidence proving their eligibility for exemption.

2. The application for exemption from the advance payment of court costs, litigation fees, court costs, and court fees must include the following main contents:

a) Date of submission of the application;

b) Name and address of the applicant;

c) Reason and basis for requesting the exemption from the advance payment of court costs, litigation fees, court costs, and court fees;

d) Confirmation by the People's Committee of the commune, ward, or town where the applicant resides or by the organization or entity where the applicant works, as provided for in Clauses 1 and 2 of Article 14 of this Ordinance.

Article 16. Competence to Review Applications for Exemption from Advance Payment of Court Costs

1. Before accepting the case, the Judge assigned by the Chief Justice of the Court has the authority to review applications for exemption from the advance payment of court costs.

2. After accepting the case, the Judge assigned by the Chief Justice of the Court to resolve the case has the authority to review applications for exemption from the advance payment of court costs of the defendant who has filed a counterclaim against the plaintiff, and of the interested party who has filed an independent claim in the case.

3. The Judge assigned by the Chief Justice of the first-instance Court has the authority to review applications for exemption from the advance payment of appellate court costs.

4. Before convening the first-instance or appellate trial session, the Judge assigned by the Chief Justice of the Court to resolve the case has the authority to review requests for exemption from court costs of the parties making such requests.

5. At the trial session, the first-instance or appellate bench has the authority to review requests for exemption from court costs of the parties making such requests when issuing the judgment or decision resolving the substantive issues of the case.

Article 17. Competence to Review Applications for Exemption from Advance Payment of Litigation Fees and Court Fees

1. Before accepting civil proceedings, the Judge assigned by the Chief Justice of the Court has the authority to review applications for exemption from the advance payment of court fees.

2. The Judge assigned by the Chief Justice of the first-instance Court has the authority to review applications for exemption from the advance payment of appellate court fees.

3. Before convening the first-instance or appellate hearing, the Judge assigned by the Chief Justice of the Court to resolve civil proceedings has the authority to review requests for exemption from court fees of the parties making such requests.

4. At the hearing, the Judge or the bench resolving civil proceedings has the authority to review requests for exemption from fees for resolving civil proceedings of the parties making such requests when issuing the decision resolving the substantive issues of the civil proceedings.

Article 18. Handling advance payment for court fees and court costs

1. All court fees and court costs collected must be fully and promptly deposited into the state budget at the state treasury.

2. Advance payments for court fees and court costs shall be submitted to the competent authority responsible for collection as stipulated in Article 9 of this Ordinance to be deposited into a temporary holding account opened at the state treasury and may be withdrawn for execution according to the decision of the Court.

3. If a person who has made an advance payment for court fees and court costs is required to pay court fees and court costs, then immediately after the judgment or decision of the Court becomes effective, the advance payment already collected must be transferred into the state budget.

4. In cases where a person who has made an advance payment for court fees and court costs is partially or fully refunded according to the judgment or decision of the Court, the authority that collected the advance payment for court fees and court costs must process the refund.

5. In cases where civil disputes or administrative litigation cases are temporarily suspended, the advance payment for court fees and court costs already paid shall be handled when the case continues to be resolved.

6. In cases where civil disputes or administrative litigation cases are terminated according to Article 192, Clause 1 of the Civil Procedure Code or Points a, b, and c, Clause 1 of Article 41 of the Administrative Litigation Procedure Ordinance, the advance payment for court fees already paid shall be incorporated into the state fund.

7. In cases where civil disputes or administrative litigation cases are terminated according to Article 192, Clause 2 of the Civil Procedure Code or Article 41, Clause 3 of the Administrative Litigation Procedure Ordinance, the advance payment for court fees shall be refunded to the person who made the advance payment.

8. In cases where the Court issues a decision to terminate the examination of the request according to Article 320, Clause 3; Article 325, Clause 2; Article 331, Clause 3; and Article 336, Clause 2 of the Civil Procedure Code, the advance payment for court costs already paid shall be incorporated into the state fund.

9. In cases where the Court reviews and revokes the appellate judgment or decision, maintains the original judgment or decision of the lower court in accordance with the law, and terminates the resolution of the case, the Court must consider and decide on court fees and court costs.

Article 19. Supervision of compliance with laws in the collection, payment, and exemption of court fees and court costs

The Procuracy supervises compliance with laws in the collection, payment, partial exemption, and full exemption of court fees and court costs, ensuring strict and consistent enforcement of the law.

Chapter II

COURT FEES IN CRIMINAL CASES

Article 20. Types of court fees in criminal cases

1. Preliminary criminal court fees

2. Appellate criminal court fees.

3. Preliminary civil court fees in criminal cases, including preliminary civil court fees without a tariff and preliminary civil court fees with a tariff.

4. Appellate civil court fees in criminal cases where there is an appeal regarding the civil aspect.

Article 21. Obligation to pay advance payment for court fees in criminal cases

1. Defendants and parties in criminal cases are not required to pay advance payment for preliminary criminal court fees, advance payment for appellate criminal court fees, and advance payment for preliminary civil court fees.

2. Parties in criminal cases who appeal regarding the civil aspect must pay advance payment for appellate civil court fees, except in cases where they are not required to make an advance payment for court fees or are exempted from making an advance payment for court fees according to this Ordinance. The amount of advance payment for appellate civil court fees and the deadline for paying advance payment for appellate civil court fees are implemented according to Article 28 and Article 29 of this Ordinance.

Article 22. Obligation to Pay the First Instance Litigation Fee in Criminal Cases

1. The person convicted must pay the first instance criminal litigation fee.

2. The victim who has requested prosecution must pay the first instance criminal litigation fee if the case is initiated at their request, provided that the court declares the defendant not guilty or the case is discontinued according to Clause 2 of Article 105 of the Criminal Procedure Code.

3. The obligation to pay the first instance civil litigation fee in criminal cases shall be implemented in accordance with Article 27 of this Ordinance.

Article 23. Obligation to Pay the Appeal Litigation Fee in Criminal Cases

1. The defendant or the legitimate representative of the defendant who appeals against the criminal decision of the first instance judgment must pay the appeal criminal litigation fee if the appellate court upholds the criminal decision of the first instance judgment.

2. The defendant or the legitimate representative of the defendant who appeals against both the criminal decision and the civil part of the first instance judgment must pay both the appeal criminal litigation fee and the appeal civil litigation fee if the appellate court upholds the entire decision of the first instance judgment.

3. The victim who appeals must pay the appeal criminal litigation fee if the case was initiated at their request and the appellate court upholds the decision of the first instance judgment declaring the defendant not guilty.

4. The person appealing the civil decision part of the first instance judgment must pay the appeal civil litigation fee in accordance with Article 30 of this Ordinance.

5. In the event that the appellate court annuls the first instance judgment or decision for further investigation and trial or discontinues the case, the appellant does not have to pay the appeal criminal litigation fee.

6. The appellant who withdraws the appeal before the appellate hearing or during the appellate hearing does not have to pay the appeal criminal litigation fee.

7. The appellant does not have to pay the appeal litigation fee if their appeal request is accepted by the court.

Chapter III

LITIGATION FEES IN CIVIL CASES

Article 24. Types of Litigation Fees in Civil Cases

1. The types of litigation fees in civil cases include:

a) The first instance civil litigation fee for civil cases without a monetary value;

b) The first instance civil litigation fee for civil cases with a monetary value;

c) The appeal civil litigation fee.

2. A civil case without a monetary value is a case where the claim of the party involved is not a sum of money or cannot be determined by a specific amount of money.

3. A civil case with a monetary value is a case where the claim of the party involved is a sum of money or property that can be determined by a specific amount of money.

Article 25. Obligation to Pay the Advance Payment of the First Instance Civil Litigation Fee

1. The plaintiff, defendant who has a counterclaim against the plaintiff, and the interested party with an independent claim in civil disputes, marriage and family, business, trade, and labor disputes must pay the advance payment of the first instance civil litigation fee, except in cases where they are not required to pay the advance payment of the litigation fee or are exempted from paying the advance payment of the litigation fee according to this Ordinance.

2. In cases where there are multiple plaintiffs each with an independent claim, each plaintiff must pay the advance payment of the litigation fee according to their individual claim; if the plaintiffs share a common claim, the plaintiffs must jointly pay the advance payment of the litigation fee.

3. In cases where there are multiple defendants each with an independent counterclaim, each defendant must pay the advance payment of the litigation fee according to their individual counterclaim; if the defendants share a common counterclaim, the defendants must jointly pay the advance payment of the litigation fee.

4. The person obligated to pay the advance payment of the litigation fee in a civil case without a monetary value must pay the advance payment of the first instance civil litigation fee equal to the level of the first instance civil litigation fee; in a civil case with a monetary value, they must pay the advance payment of the first instance civil litigation fee equal to 50% of the level of the first instance civil litigation fee estimated by the court based on the value of the disputed property claimed for resolution.

Article 26. Time limit for payment of provisional civil litigation fee at first instance.

The plaintiff, defendant who has a counterclaim against the plaintiff, and the person with related rights and obligations who has an independent claim must pay the provisional civil litigation fee at first instance within fifteen days from the date they receive the court's notice on payment of the provisional civil litigation fee.

Article 27. Obligation to bear civil litigation fees at first instance

1. The party shall bear the civil litigation fee at first instance for their claim which is not accepted by the court.

2. The defendant shall bear the entire civil litigation fee at first instance if all the claims of the plaintiff are accepted by the court.

3. The plaintiff shall bear the entire civil litigation fee at first instance if all the claims of the plaintiff are not accepted by the court.

4. The plaintiff shall bear the civil litigation fee at first instance corresponding to the part of the claim which is not accepted by the court. The defendant shall bear the civil litigation fee at first instance corresponding to the part of the claim against the defendant which is accepted by the court.

5. The defendant who has a counterclaim shall bear the civil litigation fee at first instance corresponding to the part of the counterclaim which is not accepted by the court. The plaintiff shall bear the civil litigation fee at first instance corresponding to the part of the counterclaim of the defendant which is accepted by the court.

6. The person with related rights and obligations who has an independent claim shall bear the civil litigation fee at first instance corresponding to the part of the independent claim which is not accepted by the court. The person obligated to the independent claim of the person with related rights and obligations shall bear the civil litigation fee at first instance corresponding to the part of the independent claim which is accepted by the court.

7. Each party shall bear the civil litigation fee at first instance according to the corresponding value of the portion of property, inheritance share that they receive, divide when the parties cannot determine their own portion of the joint property, inheritance share and one of the parties requests the court to resolve the division of the joint property, inheritance.

8. The plaintiff shall bear the civil litigation fee at first instance in divorce cases regardless of whether the court accepts or does not accept the plaintiff's request.

9. Parties in marriage and family disputes over the division of joint marital property, in addition to bearing the civil litigation fee at first instance prescribed in point a, Clause 1, Article 24 of this Ordinance, shall also bear the litigation fee for the disputed portion of property as if it were a civil case with a corresponding value of the property share they receive.

10. The person obligated to pay periodic maintenance according to the court's decision shall bear the civil litigation fee at first instance as if it were a civil case without a tariff.

11. Where the parties agree among themselves on the resolution of the case before the court conducts mediation prior to the trial session, they shall bear fifty percent of the litigation fee prescribed.

12. In cases where the parties agree among themselves on the resolution of the case during the first-instance trial session, the parties still have to bear the civil litigation fee at first instance as if the case were being tried.

13. In cases where there is a person who is not required to pay or is exempted from paying the civil litigation fee at first instance, other persons still have to pay the civil litigation fee at first instance as prescribed in this Article.

Article 28. Obligation to Pay Advance Litigation Fees for Civil Appeal Proceedings

1. The person appealing through the appellate procedure must pay advance litigation fees for civil appeal proceedings, except in cases where they are not required to pay advance litigation fees or are exempted from paying advance litigation fees as stipulated herein.

2. The amount of advance litigation fees for civil appeal proceedings shall be equal to the amount of litigation fees for civil appeal proceedings.

Article 29. Time Limit for Payment of Advance Litigation Fees for Civil Appeal Proceedings

Within ten days from the date of receiving the court's notification regarding the payment of advance litigation fees for appeal proceedings, the appellant must pay the advance litigation fees for appeal proceedings and submit a receipt for the payment of advance litigation fees to the first-instance court, except in cases of legitimate reasons.

Article 30. Obligation to Pay Litigation Fees for Civil Appeal Proceedings

1. The party appealing must bear the litigation fees for civil appeal proceedings if the appellate court upholds the first-instance judgment or decision.

2. In cases where the appellate court amends the first-instance judgment or decision being appealed, the appealing party does not have to bear the litigation fees for civil appeal proceedings; the appellate court must re-determine the obligation to pay litigation fees for the first-instance civil proceedings according to Article 131 of the Civil Procedure Code and Article 27 herein.

3. In cases where the appellate court sets aside the first-instance judgment or decision being appealed for retrial at first instance, the appealing party does not have to bear the litigation fees for civil appeal proceedings.

4. If the appellant withdraws their appeal before the opening of the appellate hearing, they must bear fifty percent of the litigation fees for civil appeal proceedings. If the appellant withdraws their appeal during the appellate hearing, they must bear the full litigation fees for civil appeal proceedings.

5. In cases where the parties reach an agreement among themselves on the resolution of the case at the appellate hearing, the appellant must bear the full litigation fees for civil appeal proceedings. Regarding the litigation fees for civil first-instance proceedings, if the parties can reach an agreement among themselves, they will bear the litigation fees for civil first-instance proceedings according to the agreement; if they cannot reach an agreement, the court will re-determine the litigation fees for civil first-instance proceedings based on the content of the agreement on the resolution of the case at the appellate hearing.

6. In cases where the plaintiff withdraws the lawsuit before the opening of the appellate hearing or during the appellate hearing and the defendant agrees, the parties still have to bear the litigation fees for civil first-instance proceedings according to the decision of the first-instance court and must bear fifty percent of the litigation fees for civil appeal proceedings.

7. In cases involving persons who are not required to pay or are exempted from paying litigation fees for civil appeal proceedings, other persons must still bear the litigation fees for civil appeal proceedings according to the provisions of Clauses 1, 4, 5, and 6 of this Article.

Chapter IV

LITIGATION FEES IN ADMINISTRATIVE CASES

Article 31. Types of Litigation Fees in Administrative Cases

1. Litigation fees for administrative first-instance proceedings.

2. Litigation fees for administrative appeal proceedings.

3. Litigation fees for civil first-instance proceedings in cases involving compensation for damages, including litigation fees for civil first-instance proceedings without a tariff rate and litigation fees for civil first-instance proceedings with a tariff rate.

4. Litigation fees for civil appeal proceedings in cases involving appeals concerning compensation for damages.

Article 32. Obligation to Pay Advance Litigation Fees for First-Instance Administrative Proceedings

1. The person initiating an administrative case must pay advance litigation fees for administrative first-instance proceedings, except in cases where they are not required to pay advance litigation fees or are exempted from paying advance litigation fees as stipulated herein.

2. A person requesting compensation for damages in an administrative case does not have to pay advance litigation fees for civil first-instance proceedings.

3. A person obligated to pay advance litigation fees in administrative first-instance proceedings must pay advance litigation fees for administrative first-instance proceedings equal to the amount of litigation fees for administrative first-instance proceedings.

Article 33. Time Limit for Payment of Advance Court Fee for Administrative First Instance Case

The plaintiff must pay the advance court fee for administrative first instance case within seven days from the date of receiving the notification from the Court regarding the payment of the advance court fee.

Article 34. Obligation to Pay First Instance Court Fees in Administrative Cases

1. The person who has the administrative decision or administrative act being challenged shall be liable for the administrative first instance court fees if the judgment or decision of the Court declares that such administrative decision or administrative act is contrary to the law.

2. The plaintiff shall be liable for the administrative first instance court fees if the judgment or decision of the Court declares that such administrative decision or administrative act is in accordance with the law.

3. The obligation to pay civil first instance court fees in administrative cases shall be implemented in accordance with Article 27 of this Ordinance.

Article 35. Obligation to Pay Advance Court Fee for Appeal in Administrative Cases

1. The appellant must pay the advance court fee for administrative appeal, except in cases where they are not required to pay the advance court fee or are exempted from paying the advance court fee according to this Ordinance.

2. The amount of the advance court fee for administrative appeal is equal to the amount of the administrative appeal court fee.

3. Parties in administrative cases appealing for compensation must pay the advance court fee for civil appeal, except in cases where they are not required to pay the advance court fee or are exempted from paying the advance court fee according to this Ordinance. The amount of the advance court fee for civil appeal is implemented in accordance with Clause 2 of Article 28 of this Ordinance.

Article 36. Time Limit for Payment of Advance Court Fee for Appeal in Administrative Cases

Within seven days from the date of receiving the notification from the first instance Court regarding the payment of the advance court fee for administrative appeal and the advance court fee for civil appeal in administrative cases, the appellant must pay the advance court fee for appeal and submit the receipt of the advance court fee payment to the first instance Court, except in cases of legitimate reasons.

Article 37. Obligation to Pay Appeal Court Fees in Administrative Cases

1. The appellant shall be liable for the administrative appeal court fees if the appellate Court upholds the first instance judgment or decision.

2. In cases where the appellate Court partially or fully amends the first instance judgment or decision being appealed, revokes the first instance judgment or decision being appealed, and transfers the case file to the first instance Court for retrial, the appellant shall not be liable for the administrative appeal court fees.

3. A party withdrawing the appeal before the opening of the appellate hearing shall bear fifty percent of the administrative appeal court fees. A party withdrawing the appeal during the appellate hearing shall bear the full administrative appeal court fees.

4. An appellant challenging part of the judgment concerning compensation shall be liable for the civil appeal court fees in accordance with Article 30 of this Ordinance.

5. An appellant shall not be liable for the appeal court fees in cases where their appeal request is accepted by the Court.

Chapter V

COURT FEES

Section 1

COURT FEES FOR CIVIL MATTERS

Article 38. Court Fees for Civil Matters

Court fees for civil matters include first instance court fees and appeal court fees.

Article 39. Obligation to Pay Advance Court Fees and First Instance Court Fees for Civil Matters

1. The person submitting a petition requesting the Court to resolve civil matters specified in Clauses 1, 2, 3, 4, and 6 of Article 26 and Clauses 1, 2, 3, 4, 5, and 7 of Article 28 of the Civil Procedure Code shall have the obligation to pay the advance court fee, except in cases where they are not required to pay the advance court fee or are exempted from paying the advance court fee according to this Ordinance.

2. The person requesting the Court to resolve civil matters shall be liable for the first instance court fees regardless of whether the Court accepts or does not accept their petition, except in cases where they are not required to pay the court fees or are exempted from paying the court fees according to this Ordinance.

Article 40. Obligation to Pay Advance Fees for Litigation Costs and Appeal Fees for Civil Matters.

1. A person appealing a civil matter decision as stipulated in Clauses 1, 2, 3, 4, and 6 of Article 26 and Clauses 1, 4, 5, and 7 of Article 28 of the Civil Procedure Code must pay advance fees for appeal costs, except in cases where they are not required to pay advance court fees or are exempted from paying advance court fees according to this Ordinance.

2. A person appealing shall not be liable for appeal fees if their appeal request is accepted by the Court; they shall be liable for appeal fees if their appeal request is not accepted by the Court.

Article 41. Time Limit and Amount of Advance Fees for First Instance and Appeal Proceedings.

1. A person who is required to pay advance fees must pay advance fees for first instance and appeal proceedings within five working days from the date of receiving the Court's notice on payment of advance fees, except in cases with valid reasons.

2. A person who is obligated to pay advance fees for first instance and appeal proceedings to resolve civil matters must pay advance fees for first instance and appeal proceedings at the level of litigation costs for resolving civil matters.

Section 2

OTHER COURT FEES

Article 42. Court Fees for Resolving Civil Matters Related to the Activities of the Vietnam Commercial Arbitration Center

A person submitting a request to the Court to resolve civil matters related to the activities of the Vietnam Commercial Arbitration Center must pay court fees in the following cases:

1. Request for designation, change of arbitrator.

2. Request for application, modification, or revocation of interim measures;

3. Request for annulment of arbitration award;

4. Appeal against the Court’s decision, if the appeal request is not accepted by the Court;

5. Request for the Court to resolve other civil matters as provided by the Law on Commercial Arbitration of Vietnam.

Article 43. Court Fees for Recognition and Enforcement in Vietnam of Foreign Court Judgments and Decisions, and Foreign Arbitral Awards

1. Individuals, agencies, organizations must pay court fees in the following cases:

a) Requesting the Vietnamese Court to recognize and enforce foreign court judgments and decisions in Vietnam;

b) Requesting the Vietnamese Court not to recognize foreign court judgments and decisions without enforcement requests in Vietnam;

c) Requesting the Vietnamese Court to recognize and enforce foreign arbitral awards in Vietnam;

d) Appealing the Court’s decision regarding the requests specified in points a, b, and c of this clause, if their appeal request is not accepted.

2. When transferring the file to the Court, the agency receiving the party's request must send along the receipt for the court fee.

Article 44. Court Fees for Filing Requests to Initiate Bankruptcy Proceedings

The business owner, the lawful representative of the business owner, cooperative, shareholders of a joint-stock company, general partners of a limited partnership, members of a limited liability company, unsecured creditors or partially secured creditors when filing a request to initiate bankruptcy proceedings against a business or cooperative must pay court fees.

Article 45. Court Fees for Reviewing the Legality of a Strike

An employer filing a request to the Court to review the legality of a strike must pay court fees.

Article 46. Court Fee for Seizing Ships and Aircraft

The person requesting the court to seize ships or aircraft must pay the court fee for seizing ships or aircraft.

Article 47. Court Fee for Judicial Assistance Activities Conducted by Foreign Courts in Vietnam

A foreign party entrusting judicial assistance to a Vietnamese court for conducting certain civil litigation activities must pay the court fee, except where international treaties to which the Socialist Republic of Vietnam is a member provide otherwise.

Article 48. Court Fee for Issuing Copies of Documents and Photocopies of Materials at the Court

The person requesting the court to issue copies of documents or photocopies of materials must pay the court fee.

Article 49. Time Limit for Paying Other Types of Court Fees

1. The person requesting the court to handle matters prescribed from Article 42 to Article 48 of this Ordinance must pay the court fee to the authority with jurisdiction as stipulated in Article 9 of this Ordinance within the time limit prescribed by law.

2. The person appealing against the decision of the court as prescribed in Clause 4 of Article 42 and Point d of Clause 1 of Article 43 of this Ordinance must pay the advance court fee for appeal within five working days from the date of receiving the court's notice on payment of the advance court fee for appeal, except in cases of legitimate reasons.

Chapter VI

APPEAL AND IMPLEMENTATION PROVISIONS

Article 50. Resolution of Appeals Regarding Court Fees and Litigation Fees

1. Individuals, agencies, and organizations have the right to appeal decisions or actions of agencies or persons with authority regarding advance payment of court fees, advance payment of litigation fees, court fees, and litigation fees when there is evidence that such decisions or actions are contrary to the law and infringe upon their lawful rights and interests.

2. Appeals against decisions or actions of the Head of the Civil Enforcement Agency or Enforcement Officer regarding court fees and litigation fees shall be resolved in accordance with the provisions of the Civil Enforcement Law.

3. Individuals, agencies, and organizations have the right to appeal to the President of the People's Court of first instance within three working days from the date of receipt of the court's notice on payment of advance court fees, advance litigation fees, or litigation fees. The President of the People's Court of first instance must examine and resolve the appeal within three working days from the date of receipt of the appeal petition. The decision of the President of the People's Court of first instance is final. Appeals regarding court fees and litigation fees in court judgments or decisions shall be resolved in accordance with the provisions of the Civil Procedure Law, Criminal Procedure Law, or Administrative Procedure Law.

4. Appeals regarding the collection of litigation fees by the Ministry of Justice shall be resolved in accordance with the provisions of the law on appeals.

Article 51. Effective Date

This Ordinance takes effect from July 1, 2009.

Article 52. Guidance on Implementation

The Government, the Supreme People's Court, and the Supreme People's Procuracy shall be responsible for guiding the implementation of this Ordinance within their respective functions and powers.