Court fees and fees for divorce in Vietnam. Wife or husband must pay court fees when divorce? Let us learn about this topic with LSX law firm as follow:
Court fees and fees for divorce in Vietnam
What is a divorce? What is the common cause of divorce in Vietnam? Court costs and fees are amounts payable when the Court settles a civil case with a dispute over marriage and family or a claim on marriage and family. At the same time, according to the provisions of the latest Law on Marriage and Family (Marriage and Family), there are currently two types of divorce: consent divorce and divorce at the request of one party. In there:
– Divorce by consent: Husband and wife both request a divorce and have reached an agreement on the division of property, looking after, nurturing, caring for and educating children on the basis of ensuring the legitimate interests of the wife and children. then the Court recognizes the consent of the divorce; if no agreement can be reached or an agreement cannot be reached but the legitimate rights of the wife and children are not guaranteed, the court shall settle the divorce (Article 55 of the Law on Marriage and Family).
– Unilateral divorce (divorce at the request of one party): A husband or wife who requests the Court to settle the divorce when there is a ground that either of them commit acts of domestic violence or violate the rights and obligations of the spouse. husband and wife make the purpose of marriage unattainable, life together cannot be prolonged… (Based on Article 56 of the Law on Marriage and Family).
Where to pay divorce fees in Vietnam. Based on the above provisions, the latest divorce court fees and fees are specified as follows:
|I||First-instance divorce court fees|
|1||Divorce has no value||300.000 VND|
|2||Divorce has a value|
|2.1||From 06 million VND or less||300.000 VND|
|2.2||From over 06 – 400 million VND||5% of property value|
|2.3||From over 400-800 million VND||VND 20 million + 4% of the asset value exceeding VND 400 million|
|2.4||From over 800 – 02 billion VND||36 million VND + 3% of the asset value exceeding 800 million VND|
|2.5||From over 02 – 04 billion VND||72 million VND + 2% of the asset value exceeding 02 billion VND|
|2.6||From over 04 billion VND||VND 112 million + 0.1% of the asset value exceeding VND 04 billion|
|II||Appellate civil court fees||300,000 VND|
|III||Court fees when performing shortened procedures||50% of the above-mentioned court fee|
|Fee name||Mức thu|
|1||First-instance fees for settlement of marriage and family claims||300.000 VND|
|2||Appellate fees for settlement of marriage and family claims||300.000 VND|
Wife or husband must pay court fees when divorce?
* First instance court fees for divorce:
Clause 4, Article 147 of the Civil Procedure Code provides:
In a divorce case, the plaintiff must bear the first-instance court costs, regardless of whether the court accepts or rejects the plaintiff’s request. In case both parties agree to divorce, each involved party must bear half of the first-instance court costs.
At the same time, according to Point a, Clause 5, Article 26 of Resolution 326/2016:
Plaintiffs must bear first-instance civil court costs in divorce cases regardless of whether the Court accepts or rejects the plaintiff’s request. In case of consent to divorce, each involved party must bear 50% of the court fee
Thus, in the case of a unilateral divorce, the plaintiff (the applicant) must bear the first-instance court costs regardless of whether the Court accepts the request or not. If they agree to divorce, each involved party must bear half of the first-instance court costs.
* Court fee for divorce appeal
Also in Article 148 of the Civil Procedure Code, the appellate litigants must bear the appellate court costs if the appellate court upholds the appealed first-instance judgment or decision, unless the court is exempted or does not have to bear the court fee. Appeal.
If the appellate court amends the appealed first-instance judgment or decision, the appellant does not have to bear the appellate court cost. At the same time, the Court of Appeal re-determined the obligation to bear the above-mentioned first-instance court costs.
If the appellate court annuls the appealed first-instance judgment or decision for re-trial according to first-instance procedures, the appellant involved in the appeal will not have to bear the appellate court cost. The obligation to bear court costs in this case will be re-determined when the case is re-resolved according to first-instance procedures.
* Court fees:
According to Clause 2, Article 146 of the 2015 Civil Code; With the request for recognition of consent to divorce, agreement on child rearing, and division of assets upon divorce, husband and wife may agree on the payment of fee advance in case the fee is exempted or not payable.
If the husband and wife cannot agree on the person paying the fee advance, each person must pay half of the fee advance.
Finally, hope this article about Court fees and fees for divorce in Vietnam is helpful for you!
Court fees in civil cases: Including all kinds of legal fees for settling disputes in civil, marriage and family, business, commercial and labor matters. In there:
First-instance civil court costs without value: A case in which the involved party’s claim is not an amount or the value cannot be determined in a specific amount;
First-instance civil court costs with value: A case in which the claimant’s claim is an amount of money or property that can be determined by a specific amount.
Appellate civil court costs.
Court fees: Fees for settlement of civil, marriage and family, business, commercial and labor claims under the court’s jurisdiction:
Request recognition of consent to divorce, agreement on child rearing, division of property upon divorce
To request recognition of the agreement of the parents on the change of the person directly raising the child after the divorce or the recognition of the change of the person directly raising the child after the divorce of the agency, organization or individual in accordance with the provisions of Law on marriage and family…