Court costs in the cases of business, trade disputes in Vietnam

Court costs in the cases of business, trade disputes in Vietnam is effective from 1 July 2009.

Post date: 19-09-2015

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Ordinance No.10/2009/UBTVQH12 dated 27 February 2009 prescribed court costs and fees which was effective from 1 July 2009.

ourt costs in the cases of business, trade disputes in Vietnam

Court costs in the cases of business, trade disputes in Vietnam

I. The cases of business, trade disputes in Vietnam:

1. The cases of disputes arising from business or trade activities among individuals and/or organizations with business registration, which are all for the purpose of profits, including:
a) Purchase and sale of goods;
b) Provision of services;
c) Distribution;
d) Commercial representation and/or agency;
e) Consignment;
f) Renting, leasing, hire-purchase;
g) Construction;
h) Consulting, engineering;
i) Cargo or passenger transportation by rail, road, or inland waterway;
j) Cargo or passenger transportation by air or sea;
k) Purchase and sale of shares, bonds and other valuable papers;
l) Investment, financing, banking;
m) Insurance;
n) Exploration and exploitation.
2. The cases of disputes over intellectual property rights or technology transfers among individuals
or organizations, which are all for the purposes of profits.
3. The cases of disputes between a company and its members or among members of a company regarding the establishment, operation, dissolution, merger, consolidation, division, separation, organizational transformation of the company.
4. The cases of other business, trade disputes prescribed by law.

II. Court cost levels in the cases of business, trade disputes in Vietnam.

Court cost levels in the cases of business, trade disputes as follows:
1. First-instance civil court cost applicable to cases involving business or commercial disputes and no monetary value: 2.000.000 đồng
2. First-instance court cost levels applicable to cases involving business or commercial disputes:

Value of dispute	Court cost level
a/ VND 40,000,000 or less	VND 2,000,000
b/ Between over VND 40,000,000 and VND 400,000,000	5% of the value of disputed property
c/ Between over VND 400,000,000 and VND 800,000,000	VND 20,000,000 + 4% of the value of disputed property exceeding VND 400,000,000
dl Between over VND 800,000,000 and VND 2,000,000,000	VND 36,000,000 + 3% of the value of disputed property exceeding VND 800.000.000
e/ Between over VND 2,000,000,000 and 4.000,000,000	VND 72,000,000 + 2% of the value of disputed property exceeding VND 2,000,000,000
f/ Over VND 4,000,000,000	VND 112,000,000 + 0.1% of the value of disputed property exceeding VND 4,000,000.000

III. The first-instance civil court cost advances in the cases involving business and trade disputes in Vietnam

1. Plaintiffs, defendants that make counter¬claims against plaintiffs, and persons with related interests and obligations that make independent claims in cases involving business and commercial disputes shall pay first-instance civil court cost advances.
2. Civil judgment enforcement agencies may collect court costs in the cases of business, trade disputes.
3. Plaintiffs, defendants that make counter-claims against plaintiffs, and persons with related interests and obligations that make independent claims shall pay first-instance civil court cost advances within 15 days after receiving court notices of payment of court cost advances.

IV. The obligation to bear first-instance civil court costs in the cases involving business and trade disputes in Vietnam

1. Involved parties shall bear first-instance civil court costs for their claims unaccepted by courts.
2. Defendants shall bear all first-instance civil court costs in case plaintiffs” claims are wholly accepted by courts.
3. Plaintiffs shall bear all first-instance civil court costs in case all their claims are wholly unaccepted by courts.
4. Plaintiffs shall bear first-instance civil court costs in proportion to parts of their claims unaccepted by courts. Defendants shall bear first-instance civil court costs in proportion to court-accepted parts of plaintiffs” claims toward defendants.
5. Defendants making counter-claims shall bear first-instance civil court costs for parts of their counter-claims unaccepted by courts. Plaintiffs shall bear first-instance civil court costs in proportion to parts of defendants” counter-claims accepted by courts.
6. Persons with related interests and obligations making independent claims shall bear first-instance civil court costs in proportion to parts of their independent claims unaccepted by courts. Obligors under independent claims of persons with related interests and obligations shall bear first-instance civil court costs in proportion to parts of independent claims accepted by courts.
7. Involved parties that can reach agreement on the handling of their cases in conciliations conducted by courts before opening a hearing shall bear 50% of the prescribed court cost level.
8. In case involved parties reach agreement on the handling of their cases at first-instance hearings, they shall still bear first-instance civil court costs as if their cases were tried.
9. If in a case a party is not required to pay or is exempt from the first-instance civil court cost, other parties shall still pay this cost under this Article.

V. The appellate civil court cost advances of the case involving business and trade disputes in Vietnam.

1. Parties that make appeals according to appellate procedures shall pay appellate civil court cost advances, unless they are not required to pay or are exempt from these advances under this Ordinance.
2. The appellate civil court cost advance level is equal to the appellate civil court cost level.
3. Within 10 days after receiving first-instance courts” notices of payment of appellate civil court cost advances, appealing parties shall pay these advances and submit to first-instance courts advance receipts, unless they have plausible reasons for failing to do so.

VI.The obligation to bear appellate civil court costs in Vietnam

1. Appealing involved parties shall bear appellate civil court costs if appellate courts uphold first-instance judgments or rulings.
2. In case appellate courts modify appealed first-instance judgments or rulings, appealing involved parties are not required to bear appellate civil court costs. Appellate courts shall re-determine the obligation to pay first-instance civil court costs under Article 131 of the Civil Procedure Code and Article 27 of this Ordinance No. 10/2009/UBTVQH12.
3. In case appellate courts quash appealed first-instance judgments or rulings for first-instance retrial, appealing involved parties are not required to bear appellate civil court costs.
4. Involved parties that withdraw their appeals before appellate hearings are opened shall bear 50% of the appellate civil court cost level. Involved parties that withdraw their appeals at appellate hearings shall bear the whole appellate civil court cost.
5. In case involved parties can reach agreement on the handling of their case at an appellate hearing, they shall bear the whole appellate civil court cost. Regarding the first-instance civil court cost, if involved parties can reach agreement thereon, they shall bear the first-instance civil court cost as agreed. If no agreement is reached, courts shall re-determine the first-instance civil court cost according to the agreement on the handling of the case at the appellate hearing.
6. In case plaintiffs withdraw their lawsuit petitions before an appellate hearing is opened or at an appellate hearing and obtain the consent of defendants, involved parties shall still bear the first-instance civil court cost under rulings of first-instance courts and bear 50% of the appellate civil court cost.
7. If in a case a party is not required to pay or is exempt from the appellate civil court cost, other arties shall still bear this cost under Clauses 1,4, 5 and 6 of this Article.

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