The issue of fees is always a concern when settling a divorce case, especially the foreign element of divorce fees. So what is fees and Court fees for divorce with foreign elements? How much is it? LSX Law firm is pleased to answer any questions as follows.
- Civil Procedure Code 2015
- Resolution 326/2016/UBTVQH14 stipulating the rates of collection, exemption, reduction, collection, payment, management, and use of court fees
Fees and Court fees for divorce with foreign elements
Fees for voluntary divorce with foreign elements
The fee is the amount of money that the involved party, the petitioner, must pay when asking the court to issue papers or settle a civil matter. Fees apply to voluntary divorce cases.
Resolution 326/2016/UBTVQH14 provides that the fee is 300,000 VND.
In addition, if there is a Judicial entrustment abroad, the Judicial entrustment fee is 200,000 VND/entrustment.
Besides, the above fees do not include other fees related to the settlement of civil cases. The petitioner of the Judicial entrustment will pay these expenses according to the actual arising. It is under the law of Vietnam and the country’s law receiving the legal entrustment on civil matters
Fees for unilateral divorce with foreign elements
The involved parties must pay the amount of money when the court has settled the case with a legally effective judgment or decision. Court fees apply to unilateral divorce cases; (while for voluntary divorce cases, only fees apply).
In Resolution 326/2016/UBTVQH14 stipulating:
Magistrate’s Court fees:
- If there is no property dispute, the court fee is 300,000 VND;
- The first-instance court fee for civil dispute cases has a value:
|Court fees (VND)|
|1. For civil, marriage, and family disputes, labor has no value||300,000 VND|
|2. For disputes over business and trade, there is no quota||3,000,000 VND|
|3. For civil, marriage and family disputes with a value:|
|a. Below 6,000,000||300,000|
|b. 6,000,000 – 400,000,000||5% value of disputed property|
|c. 400,000,000 – 800,000,000||20,000,000 + 4% value of disputed property over 400,000,000|
|d. 800,000,000 – 2,000,000,000||36,000,000 + 3% value of disputed property over 800,000,000|
|e. 2,000,000,000 – 4,000,000,000||72,000,000 + 2% value of disputed property over 2,000,000,000|
|f. Over 4,000,000,000||112,000,000 + 0,1% value of disputed property over 4,000,000,000|
- Appeal court fees: 300,000 VND
Obligation to pay fees and court fees for divorce with foreign elements
According to Clause 4, Article 147, Civil Procedure Code 2015:
“In a divorce case, the plaintiff must pay court fees of First Instance and does not depend on the court to accept or not accept the request of the plaintiff. In a voluntary case, each involved party must bear half of the first-instance court fee.
Hope the article is helpful for you to read!
Voluntary divorce is the case where both husband and wife voluntarily agree to divorce. In case the Court conciliation fails, the Court records the voluntary divorce and unsuccessful conciliation
Unilateral divorce is when one of the parties wants to request a divorce settlement according to the will of one party. However, it fails to proceed to conciliate at the People’s Court office. Then the Court will perform the divorce settlement; decide for both parties to divorce if there are grounds for marital status.