| THE GOVERNMENT | SOCIALIST REPUBLIC OF VIET NAM |
| No. 70-CP | Hanoi, June 12, 1997 |
THE GOVERNMENT
Pursuant to the Law on Organization of the Government of September 30, 1992;
Pursuant to the Criminal Proceedings Code of August 26, 1988;
Pursuant to the Ordinance on the Procedure of Settling Civil Lawsuits of November 29, 1989;
Pursuant to the Ordinance on the Recognition and Enforcement in Vietnam of Civil Verdicts and Decisions of Foreign Courts of April 17, 1993;
Pursuant to the Law on the Bankruptcy of Enterprises of December 30, 1993;
Pursuant to the Ordinance on the Procedure of Settling Economic Lawsuits of March 16, 1994;
Pursuant to the Ordinance on the Procedure of Settling Labor Disputes of April 11, 1996;
Pursuant to the Ordinance on the Procedure of Settling Administrative Lawsuits of May 21, 1996;
At the proposal of the Minister of Justice and with the agreement of the President of the Supreme Peoples Court,
DECREES:
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- Criminal Court charges;
- Civil Court charges;
- Economic Court charges;
- Labor Court charges;
- Administrative Court charges.
2. The fees stipulated in this Decree include the following:
- Fee for issuing copies of excerpts from a verdict or a decision;
- Fee for issuing copies of a verdict or a decision;
- Fee for issuing copies of a certificate on cancellation of a verdict;
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- Fee for filing an application requesting the Vietnam Court not to recognize a civil verdict or decision of a foreign Court which does not request its enforcement in Vietnam;
- Fee for filing an application requesting the Vietnam Court to recognize and enforce in Vietnam a decision of a foreign Arbitrator;
- Fee for settling the bankruptcy of an enterprise;
- Fee for filing an application requesting the Court to declare a strike legal or illegal.
2. The advance payments for Court charges and fee shall be remitted to the authorized verdict-enforcement agency to be deposited in a temporary account opened at the State Treasury and drawn to enforce a verdict handed down by the Court.
3. In case the person who has made an advance payment of Court charges and fees mentioned in Point 2 of this Article is refunded part or all of his/her advance payment, the verdict-enforcement agency which has collected the advance payment must apply the procedure of refunding him/her. In case the person who has made an advance payment for Court charges and fees must pay his/her Court charges, then right after the verdict or decision of the Court becomes effective, the advance payment collected must be remitted to the State budget.
4. When collecting an advance payment of Court charges and Court charges, and an advance payment for fees and fees, the Court and the verdict-enforcement agency must use the receipts issued solely by the Ministry of Finance.
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The uniform charge for the first-instance Criminal Court, the first-instance and last-instance Criminal Court, and the Criminal Court of Appeal is 50,000 VND.
1. A convict must pay the charge for the first-instance Court at the rate stipulated in Article 3 of this Decree.
2. In case a lawsuit is started at the request of the victim, and if the Court declares the accused not guilty, then the victim who has started the lawsuit must pay the charge at the rate stipulated in Article 3 of this Decree.
3. Concerning the civil liability to compensate for damage in criminal lawsuits, the person who is obliged to compensate must pay the charge of first-instance Court at the rate stipulated in Article 7 and Article 11 of this Decree, unless he/she is exempted from the Court charges as stipulated in Article 13 of this Decree.
Article 5.- The charges for the Criminal Court of Appeal are stipulated as follows:
1. The appellant must pay the charge for the Court of Appeal, if the Court of Appeal fully retains the criminal decision of the verdict and the first-instance decision on him/her.
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3. If the appellant withdraws his/her appeal before the opening of or during an appeal court hearing, he/she shall not have to pay the Court of Appeal charges.
4. The Procuracy which protests shall not have to pay the Court of Appeal charges.
5. Concerning the civil liability to compensate for damage in criminal lawsuits, the appellant must pay charges for the Civil Court of Appeal as stipulated in Article 8 and Article 12 of this Decree, unless he/she is exempted from Court charges as stipulated in Article 13 of this Decree.
2. The charge for the first-instance Civil Court and for the first-instance and last-instance Civil Court for specified civil lawsuits is stipulated as follows:
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a/ 1,000,000 VND or less 50,000 VND
b/ From above 1,000,000 VND to 100,000,000 VND 5% of the value of the disputed property
c/ From above 100,000,000 VND to 200,000,000 VND 5,000,000 VND + 4% of the part of value of the disputed property that exceeds 100,000,000 VND
d/ From above 200,000,000 VND to 500,000,000 VND 9,000,000 VND + 3% of the part of value of the disputed property that exceeds 200,000,000 VND
e/ From above 500,000,000 VND to 1000,000,000 VND 18,000,000 VND + 2% of the part of value of the disputed property that exceeds 500,000,000 VND
f/ Above 1,000,000,000 VND 28,000,000 VND + 0.1% of the part of value of the disputed property that exceeds 1,000,000,000 VND
3. With regard to marriage and family lawsuits involving a dispute in the division of the common property of husband and wife, in addition to paying the Court charges stipulated in Point 1 of this Article, the persons concerned must also pay Court charges for the part of the disputed property as ordinary civil lawsuits stipulated in Point 2 of this Article in proportion to the value of the part of property they receive.
Article 8.- The charge for the Civil Court of Appeal for all types of civil lawsuit is 50,000 VND.
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2. The appellant under the procedure of appeal must make an advance payment for charges to the Court of Appeal within the time of appeal, at the rate stipulated in Article 8 of this Decree, except he/she is exempted from paying in advance Court charge, or exempted from paying Court charge as stipulated in Article 13 of this Decree.
1. If a person who has paid in advance charge for a first-instance hearing or charge for an appeal court hearing withdraws his/her lawsuit before the opening of the first-instance hearing or his/her appeal before the opening of the appeal court hearing, he/she shall be refunded 50% of the advance payment.
2. A person who has paid in advance Court charge shall be fully refunded if the Court decides that he/she is not liable to pay Court charge, or shall be refunded the difference if the Court decides that he/she is obliged to pay less than the advance payment he/she has already made.
3. If the settlement of a civil lawsuit is suspended as stipulated in Points 1 and 3, Article 46, of the Ordinance on the Procedure of Settling Civil Lawsuits, the advance payment for Court charge shall be remitted to the State budget.
1. All concerned persons must pay first-instance Civil Court charges for their request even if it is not accepted by the Court, unless they are exempted from Court charges as stipulated in Article 13 of this Decree.
If the persons concerned request the Court to divide the common property which they themselves cannot divide, they must pay first-instance Civil Court charges at the rates stipulated for the specified civil lawsuits mentioned in Article 7 of this Decree proportionally to the value of the part of property they receive.
2. If before opening a hearing, the Court can reconcile the persons concerned in settling the dispute, these persons must pay only 50% of the charge stipulated in Article 7 of this Decree. The persons concerned can discuss and agree with each other on the amount each side has to pay; if they fail to reach agreement, the Court shall give the final decision.
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4. If the settlement of a lawsuit is temporarily suspended, the Court charge shall be decided when it is resumed.
5. If one of the persons concerned is exempted from Court charge, the other person(s) must still pay his/her share of the Court charge as provided for in Points 1, 2, 3 and 4 of this Article.
Article 12.- The liability to pay charge to the Civil Court of Appeal is stipulated as follows:
1. A person who appeals must pay charge to the Civil Court of Appeal, even if the Court of Appeal decides to fully retain the first-instance verdict or decision.
2. The appellant shall not have to pay charge to an appeal court if the Court of Appeal decides to alter the first-instance verdict or decision, or annul part or the whole of the first-instance verdict or decision.
a) A person who requests the granting of living allowances for, or who requests the identification of the father and mother of, an illegitimate juvenile;
b) Cases involving the loss of lives, or damage to health;
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d) A person who complains about the list of voters.
2. The Procuracy which starts a prosecution, or a social organization which starts a legal action for public interests shall not have to make an advance payment of Court charges or to pay Court charges.
3. Those persons who are in financial difficulty and who are certified as such by the Peoples Committee of the commune, ward, township, public agency or social organization where they reside or work can be exempted by the Court from paying in advance part or all of the Court charges, and can be exempted by the Court from part or all of the Court charge.
2. The charge rates of the first-instance Economic Court for specified economic lawsuits are stipulated as followed:
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a) 10,000,000 VND or less 500,000 VND
b) From above 10,000,000 VND to 100,000,000 VND 5% of the value of the economic dispute
c) From above 100,000,000 VND to 200,000,000 VND 5,000,000 VND + 4% of the part of the disputed value that exceeds 100,000,000 VND
d) From above 200,000,000 VND to 500,000,000 VND 9,000,000 VND + 3% of the part of the disputed value that exceeds 200,000,000 VND
e) From above 500,000,000 VND to 1,000,000,000 VND 18,000,000 VND + 2% of the part of the disputed value that exceeds 500,000,000 VND
f) From above 1,000,000,000 VND 28,000,000 VND + 0.1% of the part of the disputed value that exceeds 1,000,000,000 VND
1. The plaintiff or the defendant who has an independent claim to the plaintiff, and the person with concerned interest and obligation who has an independent claim in economic lawsuits must pay in advance first-instance Court charges equal to 50% of the charge notified by the Court.
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1. If the person who has paid in advance charges to the First-instance Court or charges to an Appeal Court withdraws his/her application before the opening of the First-Instance hearing or his/her appeal before the opening of the Appeal Court hearing, he/she shall be refunded 50% of the advance payment.
2. The person who has paid advance Court charges shall be fully refunded if the Court decides that he/she is not obliged to pay Court charges, or refunded the difference if the Court decides that he/she is obliged to pay less than the advance payment he/she has already made.
3. If the settlement of an economic lawsuit is suspended as stipulated in Items a, c, d, and e, Point 1, Article 39, of the Ordinance on the Procedure of Settling Economic Lawsuits, the advance payment made to the Court shall be remitted to the State budget.
1. The persons who lose in a lawsuit must all pay first-instance Court charges even if their request is refused by the Court. Considering the charge rates specified in Article 15 of this Decree, the Court shall decide the charges the persons concerned are liable to pay.
2. If before opening a hearing, the Court can reconcile the persons concerned in settling the dispute, these persons must pay 50% of the charge rate specified in Article 15 of this Decree. The persons concerned can discuss and agree on the amount each side has to pay; if they fail to reach agreement, the Court shall give the final decision.
3. If the settlement of a lawsuit is temporarily suspended, the charges shall be decided when it is resumed.
Article 20.- The liability to pay charges to the Economic Court of Appeal is stipulated as follows:
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2. The person who appeals shall not have to pay Court charges for his/her appeal if the Court of Appeal decides to alter the first-instance verdict or decision, or annul part or all of the first-instance verdict or decision.
3. The Procuracy which protests in accordance with the procedure of appeal shall not have to pay Court charges for its appeal.
2. The charge rate of the first-instance Labor Court for unspecified lawsuits is 50,000 VND.
3. The charge rates of the First-Instance Labor Court for specified labor lawsuits is stipulated as follows:
The value of labor dispute Charge rates
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b) From above 1,000,000 VND to 100,000,000 VND 3% of the value of the dispute, but not less than 50,000 VND
c) From above 100,000,000 VND to 1,000,000,000 VND 3,000,000 VND + 2% of the part of value of the dispute that exceeds 100,000,000 VND
d) From above 1,000,000,000 VND 21,000,000 VND + 0.1% of the part of value of the dispute that exceeds 1,000,000,000 VND
Article 22.- The charge rate of the Labor Court of Appeal for all labor lawsuits is 50,000 VND.
1. The plaintiff or the defendant who has a claim to the plaintiff, the person with concerned interest and obligation who has an independent claim in unspecified labor lawsuits or in specified labor lawsuits worth 1,000,000 VND or less must advance 50,000 VND as first-instance Court charges; in labor lawsuits described in Items b, c, and d, Point 3, Article 21, of this Decree, they must make an advance payment for first-instance Labor Court charge equal to 50% of the charge of the first-instance Court estimated by the Court based on the value of the labor dispute, unless they are exempted from paying in advance Court charge, or exempted from paying Court charge as stipulated in Article 26 of this Decree.
2. The appellant under the procedure of appeal must pay in advance charges to the Court of Appeal within the time of appeal as stipulated in Article 22 of this Decree, unless they are exempted from paying in advance Court charges, or exempted from paying Court charges as stipulated in Article 26 of this Decree.
1. The person who has made advance payment for first-instance Court charge or Appeal Court charge shall be refunded 50% of the advance payment if he/she withdraws his/her application before the opening of the First-Instance hearing or his/her appeal before the opening of the Appeal Court hearing.
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3. The person who has paid advance Court charge shall be fully refunded if the Court decides that he/she is not obliged to pay Court charges, or refunded the difference if the Court decides that he/she is obliged to pay less than the advance payment.
4. If the settlement of a labor lawsuit is temporarily suspended, the Court charges shall be decided when it is resumed. If the settlement of a labor lawsuit is suspended as stipulated in Items a, c, d, and e, Point 1, Article 41, of the Ordinance on the Procedure of Settling Labor Disputes, the advance Court charge shall be remitted to the State budget.
1. All persons concerned must pay first-instance Court charges if their request is not accepted by the Court, unless they are exempted from Court charges as stipulated in Article 26 of this Decree.
2. If one of the persons concerned is exempted from paying Court charges, the other person(s) must still pay his/her share of the Court charges at the rates stipulated in Article 21 of this Decree.
3. The person who appeals must pay charges for the Labor Court of Appeal, if the Court of Appeal fully retains the first-instance verdict or decision. The person who appeals shall not have to pay charges for the Labor Court of Appeal if the Court of Appeal alters the first-instance verdict or decision, or annuls part or the whole of the first-instance verdict or decision.
1. The following cases shall not have to make advance payment or to pay Labor Court charges:
a) Laborers who demand wage payment, social insurance, or compensation for labor accidents or occupational diseases;
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c) Trade unions at grass-roots level which sue or appeal for the interests of the labor collective;
d) Trade unions at provincial level and trade unions of a branch which sue or appeal;
e) The Procuracy which starts a prosecution or protests.
2. The persons concerned who are laborers and who start a legal action requesting the Court to settle labor disputes which do not fall into the cases stipulated in Items a and b, Point 1, of this Article, may be exempted by the Court from making an advance payment of Court charges, or exempted from paying part or all of the Court charges, if they are in financial difficulty and are so certified by the Peoples Committee of the commune, ward or township where they reside.
The charges for all types of administrative lawsuit is set at a single rate of 50,000 VND.
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2. The person who has paid in advance Court charges shall be fully refunded if the Court decides that he/she is not obliged to pay Court charges, or shall be refunded the difference if the Court decides that he/she is obliged to pay less than the advance payment.
3. If the settlement of an administrative lawsuit is temporarily suspended, the Court charges shall be decided when it is resumed. If the settlement of an administrative lawsuit is suspended as stipulated in Items a and c, Point 1, Article 41, of the Ordinance on the Procedure of Settling Administrative Lawsuits, the advance payment shall be remitted to the State budget.
1. The party who is sued against his/her administrative decision or administrative action must pay charges for the First-Instance Administrative Court, and charges for the First-Instance and Last-Instance Administrative Court, if the verdict or decision of the Court declares such administrative decision or administrative action unlawful. If the sued administrative decision or administrative action is fully retained by the Court, the person who starts the lawsuit must pay charges for the First-Instance Administrative Court, and charges for the First-Instance and Last-Instance Administrative Court, unless he/she is exempted from paying Court charges as stipulated in Article 31 of this Decree.
2. The person who appeals must pay charges for the Administrative Court of Appeal, if the Court of Appeal fully retains the first-instance verdict or decision.
3. The appellant shall not have to pay charges for the Administrative Court of Appeal, if the Court of Appeal alters the first-instance verdict or decision, or annuls part or the whole of the first-instance verdict or decision.
4. Regarding the civil liability to compensate for damage in administrative lawsuits, the person who is obliged to compensate must pay charges for the first-instance Civil Court as stipulated in Article 7 and Article 11; the appellant must pay charges for the Administrative Court of Appeal as stipulated in Article 8 and Article 12 of this Decree, unless he/she is exempted from Court charges as stipulated in Article 13 of this Decree.
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a) Disabled soldiers, parents of fallen soldiers, and persons credited with services to the revolution who take a legal action against administrative decisions or administrative actions as stipulated in Article 11 of the Ordinance on the Procedure of Settling Administrative Lawsuits shall be exempted from paying Court charges.
b) The Procuracy which starts an administrative lawsuit, protests against a first-instance administrative verdict or decision shall not be liable to make an advance payment of Court charges, or to pay Court charges.
c) The other persons concerned shall be exempted from Court charges when they start a legal action against administrative decisions stipulated in Points 3 and 5, Article 11, of the Ordinance on the Procedure of Settling Administrative Lawsuits.
2. Persons in financial difficulty and certified as such by the Peoples Committee of the commune, ward or township where they reside take a legal action against administrative decisions or administrative actions stipulated in Article 11 of the Ordinance on the Procedure of Settling Administrative Lawsuits, may be exempted by the Court from part or all of the Court charges.
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- 1,000,000 VND for a person not residing permanently in Vietnam, or an organization having no main office in Vietnam.
2. The fees must be paid fully in a lump sum at the agency which receives the application together with the application and related papers.
3. When sending a dossier to the Court, the agency which receives the application from the person concerned must also enclose a fee collection receipt (a carbon copy).
2. If the owner of the enterprise or its legitimate representative files an application requesting the declaration of the bankruptcy of the enterprise, he/she must advance 500,000 VND as fee for settling the bankruptcy.
3. The representative of a trade union who files an application requesting the declaration of the bankruptcy of the enterprise shall not have to make an advance payment as fee for settling the bankruptcy.
4. An enterprise which is declared bankrupt must pay a fee for settling its bankruptcy. The rate of fee for settling the bankruptcy of an enterprise is 1,000,000 VND. This fee shall be collected when the remaining assets of the enterprise which has been declared bankrupt are divided.
5. In case the Court issues a decision temporarily suspending or suspending the settlement of the application for declaring the bankruptcy of an enterprise, this enterprise must pay only 50% of the fee stipulated in Point 4 of this Article.
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An employer who sends an application requesting the Court to declare a strike illegal must pay a fee of 1,000,000 VND; he/she must advance 50% of this fee.
2. The following cases are not liable to pay fees:
a) The executive committee of a trade union at grass-roots level which requests the Court to declare a strike legal;
b) The provincial Confederation of Labor which requests the Court to declare a strike legal or illegal;
c) The provincial labor organization which requests the Court to declare a strike legal or illegal;
d) The Peoples Procuracy which starts a prosecution requesting the Court to declare a strike illegal.
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2. If before opening a hearing, the Court can reconcile the parties concerned in settling the strike, the employer shall be refunded 50% of the advance payment of the fee.
Article 39.- This Decree takes effect 15 days after the date of its signing.
This Decree replaces Decree No.117-CP of September 7, 1994 on Court charges and fees.
All stipulations made earlier on Court charges and fees are now annulled.
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ON BEHALF OF THE GOVERNMENT
FOR THE PRIME MINISTER
DEPUTY PRIME MINISTER
Phan Van Khai
- 1Ordinance No. 10/2009/UBTVQH12 of February 27, 2009, on court costs and fees
- 2Ordinance No. 49-L/CTN of May 21, 1996, on the procedures for the settlement of administrative cases
- 3Ordinance No. 48-L/CTN of April 11, 1996, on the procedure for the settlement of labor disputes
- 4Ordinance No. 31-L/CTN of March 16, 1994, on procedure for settlement of economic disputes.
- 5Law No. 30-L/CTN of December 30, 1993, on Bankruptcy.
Decree of Government No. 70-CP of June 12, 1997 on court charges and fees
- Số hiệu: 70-CP
- Loại văn bản: Nghị định
- Ngày ban hành: 12/06/1997
- Nơi ban hành: Chính phủ
- Người ký: Phan Văn Khải
- Ngày công báo: Đang cập nhật
- Số công báo: Đang cập nhật
- Ngày hiệu lực: 27/06/1997
- Tình trạng hiệu lực: Chưa xác định