Where to pay divorce fees in Vietnam. When to pay court fees for divorce? Let us learn about this topic with LSX law firm as follow:
When to pay court fees for divorce? Where to pay divorce fees in Vietnam
Time limit for paying court fees in divorce cases:
According to Article 17 of Resolution 326, the time limit for paying divorce court fees is as follows:
– First-instance court cost advance: Within 07 working days; from the date of receipt of the Court’s notice of payment of first-instance court cost advance.
– Appellate court fee advance: Within 10 days from the date of receiving the first-instance court’s notice of the payment of the appellate court fee advance.
– Fee advance: Within 05 working days from the date of receiving the Court’s notice of the payment of the fee advance; unless there is a plausible reason.
– Court fees and charges: When a court’s judgment or decision takes legal effect. At the same time, Clause 3, Article 144 of the Civil Procedure Code clearly states:
The person who has paid the court cost and fee advance; must bear the legal costs and fees right after the court’s judgment takes legal effect; the advanced amount already collected must be; remitted into the State budget.
Thus, right after the Court’s judgment or decision takes legal effect, the payable court fee amount will be; calculated from the previous court cost advance and immediately paid into the State budget.
If part or all of the advance payment is returned according to the court’s judgment or decision, the payer will be refunded by the judgment enforcement agency.
Where to pay divorce fees in Vietnam
Court fees and fees for divorce in Vietnam. According to Clause 2, Article 144 of the Civil Procedure Code; court fee and fee advances shall be paid to a competent judgment enforcement agency to be deposited in a custody account opened at the State Treasury and withdrawn. to execute the judgment according to the court’s decision.
Therefore, the involved parties shall pay the court fee and court fee advances at the competent judgment enforcement agency immediately after receiving the court’s notice.
Can I be exempted from paying divorce court fees in Vietnam?
According to Point dd, Article 12 of Resolution 326, the following cases may be exempted from paying divorce court fees:
– Individuals belonging to poor or near-poor households;
– Elderly;
– People with disabilities;
– People with meritorious services to the revolution;
– Ethnic minorities in communes with extremely difficult socio-economic conditions;
– Relatives of martyrs shall be; granted certificates of martyrs’ families by competent State agencies.
These subjects are also exempted from court fee advances and court fees.
However, if the spouses agree that one party shall bear all or part of the payable court costs and be; exempted from paying them, the Court will only consider the exemption from the part of the exempted persons. The part that person pays on behalf of another person is not exempt from paying.
Facing a force majeure event, a husband or wife can receive a reduced divorce court fee in Vietnam?
This is the content stated in Article 13 of Resolution 326. Specifically, Clause 1, Article 13 of Resolution 326 states:
Documents required for divorce in Vietnam. Persons experiencing force majeure events leading to insufficient assets to pay court fee advances, court fee advances, court fee advances and court fees certified by the commune-level People’s Committees of the localities where such persons reside The court may reduce by 50% of the court fee advance, court fee advance, court fee advance, and court fee that such person must pay.
At the same time, in order to be; exempted or reduced from divorce court fees, the person entitled to exemption or reduction must make an application. Accordingly, the application must contain:
- Firstly, an application form for exemption or reduction of court fee advances, court cost advances, court fee advances and court fees. The application must contain the following information: Date, month and year of making the application; Full name, address of the applicant; Reasons and grounds for requesting exemption or reduction.
- Secondly, documents and evidences to prove that they are exempted or reduced.
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Related questions
Consent to divorce is the fact that both husband and wife feel that their marriage life is at an impasse, cannot continue, and cannot achieve the original marriage purpose
Unilateral divorce is a divorce at the request of one party. If because of domestic violence or because one party seriously violates the rights and obligations of husband and wife during the marriage, one party may apply for divorce
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