Pháp lệnh Chi phí tố tụng 2024

ORDINANCE

costs of proceedings

Pursuant to Constitution of the Socialist Republic of Vietnam;

Pursuant to Criminal Procedure Code No. 101/2015/QH13 amended by Law No. 02/2021/QH15, Law No. 34/2024/QH15 and Law No. 59/2024/QH15; 

Pursuant to Civil Procedure Code No. 92/2015/QH13 amended by Law No. 45/2019/QH14, Law No. 59/2020/QH14, Law No. 13/2022/QH15, Law No.19/2023/QH15 and Law No. 34/2024/QH15;

Pursuant to Law on Administrative Procedures No. 93/2015/QH13 amended by Law No. 55/2019/QH14 and Law No. 34/2024/QH15;

Pursuant to Law on Organization of the People’s Court No. 34/2024/QH15;

The Standing Committee of the National Assembly hereby promulgates an Ordinance on Costs of Proceedings.

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GENERAL PROVISIONS

Article 1. Scope

1. This Ordinance provides for certain costs of proceedings; advance payment of costs of proceedings; responsibility for payment, obligation to bear costs of proceedings; funding for the payment of costs of proceedings in accordance with the provisions of the Criminal Procedure Code, the Civil Procedure Code, the Law on Administrative Procedures, and the Law on Organization of The People's Courts.

The determination of costs, advance payment of costs, payment responsibilities, obligations to bear costs, and funding for the payment of costs during the People's Courts' consideration and decision to send individuals addicted to drugs aged 12 to under 18 to compulsory rehabilitation facilities, as well as the consideration and decision to apply administrative measures, shall comply with the provisions of this Ordinance.

2. Court fees and charges are not governed by this Ordinance.

Article 2. Definitions

For the purposes of this Ordinance, the terms below shall be construed as follows:

1. “Costs of proceedings” mean necessary and reasonable amounts payable to the litigation determined by competent authorities according to the provisions of this Ordinance and other provisions of relevant laws.

2. “Remuneration" refer to a payment made to an individual participating in on-site inspection and assessment, public defender, witness, observer, property valuation, representative of an organization conducting an assessment, individual performing an assessment, interpreter, translator, and another individual involved in court proceedings as stipulated in Article 314 of the Criminal Procedure Code when participating in litigation at the request of a competent authority conducting proceedings (hereinafter referred to as “proceeding authority”).

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4. “other expenses” mean expenses which are related and serve directly the litigation, conform to the nature and content of a lawsuit or case, are determined based on actual occurrences under a contract (if any), invoice, or document as prescribed by law.

5. “Advance” means the amount of money temporarily calculated by an agency, organization or individual stipulated in this Ordinance to conduct legal proceedings at the request or referral of a competent proceeding authority.

Article 3. Costs for proceedings

Costs of proceedings herein include:

1. On-site appraisal and inspection expenses, on-site inspection expenses;

2. Property valuation costs;

3. Assessment costs;

4. Payment for jury;

5. Payment for lawyers, duty solicitors (barristers), and public defenders;

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7. Payment for interpreters, translators (interpretation and translation costs);

8. Costs of overseas judicial entrustment;

9. Costs of attending in trials, meetings for resolving lawsuits, cases.

Article 4. Norms of costs of proceedings

1. Remunerations for litigants and allowances for jurors are stipulated in the list of certain costs of proceedings enclosed herewith.

2. Other costs not specified in clause 1 of this Article shall be determined as follows:

a) Regarding costs of which regulations, standards, and norms have been established by the competent state agencies, expenditure levels shall be based on those regulations, standards, and norms;

b) Regarding costs of using services, costs of collecting and analyzing information, costs of consumables, and other costs, expenditure levels shall be based on the actual incurred expenses according to the contracts (if any), invoices, and documents as prescribed by law.

Article 5. Principles for collection and payment of costs of proceedings

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Article 6. Principles for exemption and reduction of advance on on-site appraisal and inspection expenses, advance on assessment costs; exemption and reduction of on-site appraisal and inspection expenses and assessment costs in civil procedures and administrative procedures

1. The exemption or reduction of advance on on-site assessment and inspection costs, advance on assessment costs; exemption or reduction of on-site assessment and inspection costs, assessment costs shall apply to individuals specified in Articles 7 and 8 of this Ordinance whose requests for on-site assessment and inspection or requests for assessment are accepted by the Court; and the exemption or reduction shall only be applicable to the on-site assessment and inspection and assessment conducted by public agencies, public service providers, and public judicial assessment organizations.

2. In case involved parties agree that one party shall bear all or part of the on-site appraisal and inspection expenses, or assessment costs to be paid, if the party bearing all or part of the costs is eligible for exemption or reduction, the Court shall only consider the exemption or reduction for the portion of costs that the person eligible for exemption or reduction is required to bear in accordance with the provisions of this Ordinance. The portion of the costs that the person accepts payment on behalf of another person shall not be exempted or reduced.

3. In case it is eligible for exemption or reduction from advance on on-site appraisal and inspection expenses, advance on assessment costs, on-site appraisal and inspection expenses or assessment costs, agencies conducting on-site assessment and inspection and agencies soliciting assessment shall pay the amounts of money that have been exempted or reduced.

Article 7. Persons eligible for exemption from advance on on-site appraisal and inspection expenses, advance on assessment costs; exemption from on-site appraisal and inspection expenses and assessment costs in civil procedures and administrative procedures

1. Children.

2. Individuals belonging to poor households and near-poor households.

3. Elderly individuals entitled to social assistance policies in accordance with the law on the elderly.

4. Persons with disabilities entitled to social assistance policies in accordance with the law on persons with disabilities.

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6. Ethnic minorities residing in villages and communes with extremely difficult socio-economic conditions.

7. Biological fathers, biological mothers, wives or husbands, biological children, adopted children of martyrs, people with meritorious services to raising martyrs.

8. Individuals affected by Agent Orange.

Article 8. Persons eligible for reduction from advance on on-site appraisal and inspection expenses, advance on assessment costs; reduction from on-site appraisal and inspection expenses and assessment costs in civil procedures and administrative procedures

1. In a case where an individual is unable to pay the advance on on-site appraisal and inspection expense, or an advance on assessment cost due to encounters a force majeure situation; on-site appraisal and inspection expense, or assessment cost with confirmation by the People's Committee of the commune-level division or the People's Committee of the district-level division (in case of no commune-level administrative division) where the individual resides, he/she shall be entitled to a reduction in the advance on on-site appraisal and inspection expense, the advance on assessment cost; on-site appraisal and inspection expense, or assessment cost.

2. The individual specified in clause 1 of this Article shall bear all on-site appraisal and inspection expenses or assessment costs in one of the following cases:

a) He/she has evidence to show that he/she does not the person encountering a force majeure situation resulting in no assets for payment;

b) According to a legally effective judgment or decision of a court which indicates that he/she has assets to pay the entire on-site appraisal and inspection expense, or assessment cost that he/she is liable for.

Article 9. Procedures for applying for exemption and reduction of advance on on-site appraisal and inspection expenses, advance on assessment costs; exemption and reduction of on-site appraisal and inspection expenses and assessment costs in civil procedures and administrative procedures

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2. The written request for exemption or reduction of advance or exemption or reduction of on-site appraisal and inspection expenses or assessment costs shall consist of the following:

a) Date of making the request;

b) Full name and address of the requester;

c) Subjects for on-site assessment and inspection; subjects for assessment solicitation;

d) Reasons, grounds for requesting exemption or reduction.

Article 10. Authority to decide on exemption or reduction of advance on on-site appraisal and inspection expenses, advance on assessment costs in civil procedures and administrative procedures

1. Regarding a civil case or an administrative case, the authority to decide on exemption or reduction of an advance on on-site appraisal and inspection expenses or an advance on assessment costs shall be as follows:

a) Before opening a trial, the assigned Judge has the authority to consider the written request and decide on the exemption or reduction of the advance on costs within 05 working days from the date of receipt of the request. In the case where the Court accepts the request for exemption or reduction of involved parties, the Court shall issue a written notification specifying the amount that is exempted or reduced. In the event of non-acceptance, the notification must clearly state the reasons. This notification must be sent to the requester, agency or organization conducting on-site appraisal and inspection or assessment within 02 working days from the day on which the notification is issued;

b) At the trial, the trial panel has the authority to consider the written request and decide on the exemption or reduction of the advance on costs. In the case where the Court accepts the request for exemption or reduction of involved parties, the Court shall issue a written notice specifying the amount that is exempted or reduced. In the event of non-acceptance, the notification must clearly state the reasons. This notification of the trial panel shall be disclosed at the trial and be sent to the requester, agency or organization conducting on-site appraisal and inspection or assessment within 02 working days from the day on which the notification is issued;

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Article 11. Authority to decide on exemption or reduction of on-site appraisal and inspection expenses, assessment costs in civil procedures and administrative procedures

1. Regarding a civil case or administrative case, the authority to decide on exemption or reduction of on-site appraisal and inspection expenses or assessment costs shall be as follows:

a) Where the case is settled without having to open a trial, the assigned judge has the authority to decide on the exemption or reduction of costs;

b) At the trial, the trial panel has the authority to decide on the exemption or reduction of costs.

2. Regarding a civil lawsuit, the assigned Judge has the authority to decide on the exemption or reduction of on-site appraisal and inspection expenses or assessment costs.

3. The exemption or reduction of on-site appraisal and inspection expenses or assessment costs must be recorded in the Courts' judgments or decisions.

4. Extracts of Courts’ judgments or decisions containing exemption, reduction or non-exemption or reduction of on-site appraisal and inspection expenses or assessment costs must be sent to requesters, agencies and organizations conducting on-site appraisal and inspection or assessment within 03 working days from the date of issuance of the judgments or decisions.

Article 12. Reduction of advance on on-site appraisal and inspection expenses, advance on assessment costs; reduction on on-site appraisal and inspection expenses, assessment costs in civil procedures and administrative procedures

The advance on on-site appraisal and inspection expenses or advance on assessment costs; on-site appraisal and inspection expenses or assessment costs may be reduced for the individuals specified in clause 1 Article 8 hereof but the reductions must not exceed 50% of the advance or costs that such individuals have to pay.

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1. Agencies, organizations and individuals have the authority to lodge complaints to the Chief Justice of the Court accepting and settling the lawsuit within 03 working days after receiving the competent Court's notification of payment of advance on costs of proceedings and exemption or reduction of advance on costs, exemption or reduction of on-site appraisal and inspection expenses or assessment costs.

The Chief Justice of the Court accepting and settling the lawsuit shall consider settling the complaints within 03 working days from the day on which the complaint is received. The decision of the Chief Justice shall be the final decision.

2. Complaints about the obligation to pay costs of proceedings stated in the judgment or decision of the Court and the settlement thereof shall comply with the provisions of the law on proceedings.

3. Denunciations of costs of proceedings and the settlement thereof shall comply with the provisions of law on denunciations.

Chapter II

ON-SITE APPRAISAL AND INSPECTION EXPENSES IN CIVIL PROCEDURES AND ADMINISTRATIVE PROCEDURES; ON-SITE INSPECTION EXPENSES IN CRIMINAL PROCEDURES

Section 1. On-site appraisal and inspection expenses in civil procedures and administrative procedures

Article 14. Determination of on-site appraisal and inspection expenses

On-site appraisal and inspection expenses include one of the following costs: 

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a) Remuneration specified in the list of certain costs of proceedings enclosed herewith;

b) Travel expenses;

c) Lodging expenses;

d) Accommodation allowances;

2. Service costs;

3. Other costs.

Article 15. Service costs

The service cost is applied in cases where it is necessary to utilize a unit or organization specialized in carrying out measurements or integrating maps, and the costs of other outsourced services to directly serve the purpose of on-site appraisal and inspection.

Article 16. Obligation to pay advance, obligation to bear costs, handling of advance on on-site appraisal and inspection expenses

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2. The obligation to pay advance, obligation to bear costs, and the handling of advance on on-site appraisal and inspection expenses during the settlement of administrative cases shall comply with the provisions of Articles 357, 358 and 359 of the Administrative Procedure Law.

Article 17. Procedures for payment of advance on on-site appraisal and inspection expenses

1. Within 05 working days after receiving a request for on-site appraisal and inspection or if deemed necessary to conduct on-site appraisal and inspection, the Court shall determine the advance on on-site appraisal and inspection expenses and send a notification of payment of the advance to the obligor; the notification must specify the advance amount, time limit and method for payment.

2. Within 06 days after receiving the notification from the Court according to the provisions of clause 1 of this Article or within 05 working days after receiving the notification of acceptance or non-acceptance of the request for exemption or reduction of the advance on on-site appraisal and inspection expenses, the obligor shall pay the advance on on-site appraisal and inspection expenses, unless otherwise agreed upon by the involved parties or otherwise provided for by law. Upon the expiration of this time limit, if the obligor fails to pay the advance, the court shall settle the lawsuit in accordance with the provisions of the Civil Procedure Code and the Administrative Procedure Law.

Section 2. on-site inspection expenses in criminal procedures

Article 18. Determination of on-site inspection expenses

On-site inspection expenses include one of the following costs: 

1. On-site inspection expenses for other persons participating in the trial specified in Article 314 of the Criminal Procedure Code, including:

a) Remuneration specified in the list of certain costs of proceedings enclosed herewith;

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c) Lodging expenses;

d) Accommodation allowances;

2. On-site inspection expenses for persons conducting on-site inspections, including:

a) Travel expenses;

b) Lodging expenses;

c) Accommodation allowances;

3. Service costs;

4. Other costs.

Article 19. Service costs

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Article 20. Responsibility for payment of on-site inspection expenses

Proceeding authorities conducting on-site inspections shall pay on-site inspection expenses.

Chapter III

PROPERTY VALUATION COSTS

Section 1. Property valuation costs IN CIVIL PROCEDURES AND ADMINISTRATIVE PROCEDURES

Article 21. Determination of property valuation costs in civil procedures and administrative procedures

Property valuation costs include one of the following costs: 

1. Payment for members of valuation councils, including:

a) Remuneration specified in the list of certain costs of proceedings enclosed herewith;

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c) Lodging expenses;

d) Accommodation allowances;

2. Costs of collecting and analyzing information on the subjects to be valued;

3. Costs of consumables;

4. Service costs;

5. Other costs.

Article 22. Costs of collecting and analyzing information on the subjects to be valued

Costs of collecting and analyzing information on the subjects to be valued include one of the following costs:

1. General costs of overall property valuation;

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3. Costs of conducting field surveys and collecting information related to property valuation;

4. Costs of analyzing information related to property valuation.

Article 23. Costs of consumables

In the course of valuation, if materials are used, the valuation council may determine the cost of consumables. Costs of consumables shall be determined on the basis of the workload and regulations applicable to each subject of valuation and appropriate level of the field of valuation. 

In cases where there are no provisions of law on norms of consumables, the valuation council shall determine costs on the basis of relevant regulations and the conditions for using materials for valuation purposes. The valuation council shall be held accountable for the appropriateness of the determined costs of consumables and shall notify the proceeding authority that has request property valuation upon carrying out the procedures specified in Clause 1, Article 26 of this Ordinance.

Article 24. Service costs

The service cost is applied in cases where it is necessary to utilize the expertise of specialists, consulting services from valuation firms, or other consulting units as a reference basis for property valuation and the cost of other outsourced services directly serving the purpose of property valuation.

Article 25. Obligation to pay advance, obligation to bear costs, handling of advance on property valuation costs

1. The obligation to pay advance, obligation to bear costs, and the handling of advance on property valuation costs during the settlement of civil lawsuits shall comply with the provisions of Articles 164, 165 and 166 of the Civil Procedure Code.

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Article 26. Procedures for payment of advance on property valuation costs

1. Within 05 working days from the day on which the valuation council is established, the valuation council shall send a notification to the Court of the advance amount, time limit and method for payment of advance on property valuation costs.

2. Within 02 working days after receiving the notification of the valuation council, the court shall send a notification to the person obligated to pay advance on the property valuation costs.

3. Within 07 days after receiving the Court's notification, the person obligated to pay advance on the property valuation costs, unless otherwise agreed by the involved parties or otherwise provided for by the law.

4. Within 02 working days from the day on which the advance on the property valuation costs is collected, the court shall transfer the collected advance to the valuation council. The valuation council shall issue a receipt for the advance of the property valuation costs to the court.

Article 27. Costs of re-valuation

The determination of costs, obligations to pay advance, obligations to bear costs, handling of advance, procedures for payment of advance on costs of revaluation shall comply with the provisions of this Section.

Section 2. PROPERTY VALUATION COSTS IN CRIMINAL PROCEDURES

Article 28. Determination of property valuation costs in criminal procedures

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Article 29. Responsibility for payment of advance on property valuation costs

Proceeding authorities that have requested property valuation shall pay advance on property valuation costs.

Article 30. Procedures for payment of advance on property valuation costs

1. Valuation councils shall determine and send notifications to proceeding authorities that have requested property valuation of advance amounts, time limits and methods for payment of advance on property valuation costs.

2. Proceeding authorities that have requested property valuation shall pay advance on property valuation costs according to the notifications of the valuation councils.

Article 31. Responsibility for payment of property valuation costs

Responsibility for payment of property valuation costs to valuation councils shall comply with the provisions of law on criminal procedures and law on property valuation.

Article 32. Costs of re-valuation

The determination of costs, responsibility for paying advance, procedures for payment of advance, responsibility for paying costs of revaluation shall comply with the provisions of this Section.

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ASSESSMENT COSTS

Section 1. Assessment costs IN CIVIL PROCEDURES AND ADMINISTRATIVE PROCEDURES

Article 33. Determination of assessment costs

Assessment costs include one of the following costs: 

1. Payment for organizations and individuals carrying out assessments, including:

a) Costs of salaries and remunerations;

b) Travel expenses;

c) Lodging expenses;

d) Accommodation allowances;

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3. Costs of consumable materials;

4. Service costs;

5. Other costs.

Article 34. Costs of salaries and remunerations for organizations and individuals carrying out assessments

1. Organizations carrying out assessments shall, based on the contents of the assessment requests, their workloads, required periods for assessment and provisions of law on salary regulations, determine costs of salaries as the basis for notification to proceeding authorities.

2. Judicial assessors and individuals carrying out judicial assessment on a case-by-case basis (hereinafter referred to as “case-specific assessors”) who do not receive salaries from the state budget shall, based on the contents of the assessment requests, their workloads, required periods for assessment, and their actual salaries and incomes, determine the reasonable remunerations and notify them to the proceeding authorities.

3. Judicial assessors and case-specific assessors who receive salaries from the state budget shall, based on the provisions of law on judicial assessor training regulations, determine the remunerations for judicial assessment and notify them to the proceeding authorities

Article 35. Costs of depreciation, amortization of machinery, vehicles and equipment, and costs of consumables

1. If organizations and individuals carrying out assessments have to use machinery, vehicles, equipment and materials during the assessments, they may determine costs of depreciation, amortization of machinery, vehicles and equipment, and costs of consumables.

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In cases where there are no provisions of law on norms of depreciation and amortization of machinery, vehicles, equipment and consumables, organizations and individuals carrying out assessments shall determine costs on the basis of relevant regulations and the conditions for using machinery, vehicles, equipment and materials for assessment purposes. Organizations and individuals carrying out assessments shall be responsible for the appropriateness of the determined costs of depreciation, amortization of machinery, vehicles and equipment, and determined costs of consumables and shall notify the proceeding authorities that have issued decisions on assessment solicitation upon carrying out the procedures specified in Clause 1, Article 38 of this Ordinance.

Article 36. Service costs

Service costs shall be applied in cases where they are necessary to use results of experimental researches, additional tests, or expert conclusions and preservation services performed by other individuals or organizations, and costs of other outsourced services to directly serve the assessment purpose.

Article 37. Obligation to pay advance, obligation to bear costs, handling of advance on assessment costs

1. The obligation to pay advance, obligation to bear costs, and the handling of advance on assessment costs during the settlement of civil lawsuits shall comply with the provisions of Articles 160, 161 and 162 of the Civil Procedure Code.

2. The obligation to pay advance, obligation to bear costs, and the handling of advance on assessment costs during the settlement of administrative cases shall comply with the provisions of Articles 361, 362 and 363 of the Administrative Procedure Law.

Article 38. Procedures for payment of advance on assessment costs

1. Within 05 working days after receiving decisions on assessment solicitation from courts, organizations and individuals carrying out assessments shall send notifications to the courts of advance amounts, time limits and methods for payment of advance on assessment costs.

2. Within 02 working days after receiving notifications of organizations or individuals carrying out assessments, courts shall send notifications to persons obligated to pay advance on assessment costs to the courts.

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4. Within 02 working days from the day on which courts collect the advance on assessment costs, the courts shall transfer the collected advance to the organizations and individuals carrying out assessments. The organizations and individuals carrying out assessments shall issue invoices or receipts of the advance on assessment costs to the courts.

Article 39. Additional assessment costs and re-assessment costs

The determination of costs, obligations to pay advance, obligations to bear costs, handling of advance, procedures for payment of advance on additional assessment costs and re-assessment costs shall comply with the provisions of this Section.

Article 40. Responsibility for stipulating methods and principles for calculating assessment costs

Ministries and the Supreme People's Procuracy having the authority to manage public judicial assessment organizations shall stipulate the methods and principles for calculating assessment costs, economic-technical standards, and cost norms (if any) in the field of assessment under their management.

In cases of necessity, the Government shall direct the Ministries and ministerial agencies having the authority to manage the specialized field of assessment to stipulate the methods, principles for calculating assessment costs, economic-technical norms, and cost norms (if any) in the field of assessment under their management.

Section 2. ASSESSMENT COSTS IN CRIMINAL PROCEDURES

Article 41. Determination of assessment costs

Assessment costs shall be determined according to the provisions of Articles 33, 34, 35, 36 and 40 of this Ordinance.

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Proceeding authorities that have issued decisions on assessment solicitation shall pay advance on assessment costs.

Article 43. Responsibility for payment of assessment costs

1. Proceeding authorities that have issued decisions on assessment solicitation shall pay assessment costs, except for the cases specified in clause 2 of this Article.

2. In cases where the prosecution is initiated at the request of a victim, if the court declares the defendant not guilty or the case is suspended in accordance with Clause 2 of Article 155 of the Criminal Procedure Code, the proceeding authority shall not bear the assessment costs; the victim who requested the prosecution must reimburse the proceeding authority for the assessment costs already paid.

3. In cases where civil plaintiffs, civil defendants and individuals with related rights and obligations in a criminal case request an assessment, the requesting party must bear the assessment costs.

Article 44. Procedures for payment of advance on assessment costs

1. Organizations and individuals carrying out assessments shall determine and send notifications to proceeding authorities that have issued decisions on assessment solicitation of the advance amounts, time limits and methods for payment of advance on assessment costs.

2. Proceeding authorities that have issued decisions on assessment solicitation shall pay advance on assessment costs according to notifications of organizations and individuals carrying out assessments.

Article 45. Additional assessment costs and re-assessment costs

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Chapter V

PAYMENT FOR JURY

Article 46. Determination of payment for jury

Payment for jury includes one of the following costs: 

1. Adjudication allowances;

2. Travel expenses;

3. Lodging expenses;

4. Accommodation allowances;

5. Other costs.

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1. Adjudication allowances are amounts of money paid to Jurors when performing judicial duties.

2. Adjudication allowances for a juror shall be calculated on the basis of the actual number of days during which the juror participates in the trial and reviews the case files, as confirmed by the court's decision to bring the case to trial.

3. Adjudication allowances for judges are stipulated in the list of certain costs of proceedings enclosed herewith.

Article 48. Responsibility for payment of jury fees

Courts issuing decisions to bring cases to trial shall pay payment for jury.

Chapter VI

PAYMENT FOR ARRISTERS AND PUBLIC DEFENDERS IN CASES OF APPOINTING DEFENDERS IN CRIMINAL PROCEEDINGS

Article 49. Determination of payment for barristers and public defenders in cases of appointing defenders

1. Fees for defense lawyers appointed by law practice organizations shall be determined according to the provisions of law on lawyers; payment for defense barristers (duty solicitors and lawyers) appointed by the State Legal Aid Center shall be determined according to the provisions of law on legal aid.

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a) Remuneration specified in the list of certain costs of proceedings enclosed herewith;

b) Travel expenses;

c) Lodging expenses;

d) Accommodation allowances;

dd) Other costs.

Article 50. Responsibility for payment for barristers and public defenders in cases of appointing defenders

1. Proceeding authorities that appoint defenders shall pay fees for defense lawyers appointed by law practice organizations and pay fees for public defenders appointed by the Central Committee of Vietnam Fatherland Front and members of the Vietnam Fatherland Front.

2. The state legal aid center is responsible for making payment for defence barristers in cases where this center appoints these persons.

Chapter VII

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Section 1. PAYMENT FOR WITNESSES IN CIVIL PROCEDURES AND ADMINISTRATIVE PROCEDURES

Article 51. Determination of payment for witnesses

Payments for witnesses summoned by Courts include one or more of the following:

1. Remuneration specified in the list of certain costs of proceedings enclosed herewith;

2. Travel expenses;

3. Lodging expenses;

4. Accommodation allowances;

5. Other costs.

Article 52. Obligations to give advance on payments for witnesses

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2. The advance on payments for witnesses shall be calculated on the basis of payments for witnesses specified in Article 51 hereof.

Article 53. Procedures for making advance on payments for witnesses

1. Persons requesting courts to summon witnesses have obligations to provide information on the number of witnesses, places of work, places of residence and other necessary information as the basis for the courts to determine advance on payments for witnesses.

2. Within 05 working days after receiving requests for summoning witnesses, the courts shall determine the amounts of advance on payments for witnesses and send notifications to the requesters to pay advance on costs to the courts; the notifications must specify the amounts of advance, time limits and methods for payment of advance.

3. Within 07 days after receiving notifications from courts, persons requesting the courts to summon witnesses shall give advance on payments for witnesses.

Article 54. Obligations to bear payments for witnesses

1. Obligations to bear payments for witnesses in settling civil lawsuits shall comply with the provisions of Article 167 of the Civil Procedure Code.

2. Obligations to bear payments for witnesses in settling administrative cases shall comply with the provisions of Article 368 of the Administrative Procedure Law.

Article 55. Handling of advance on payments for witnesses

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Section 2. PAYMENTS FOR WitnessES in criminal procedures

Article 56. Determination of payment for witnesses and observers

Payments for witnesses and observers summoned by proceeding authorities shall include one or more of the following:

1. Remuneration specified in the list of certain costs of proceedings enclosed herewith;

2. Travel expenses;

3. Lodging expenses;

4. Accommodation allowances;

5. Other costs.

Article 57. Responsibility for giving payments for witnesses and observers

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Chapter VIII

PAYMENTS FOR INTERPRETERS AND TRANSLATORS

Section 1. PAYMENTS FOR InterpretERS IN CIVIL PROCEDURES AND ADMINISTRATIVE PROCEDURES

Article 58. Determination of payments for interpreters

Payments for interpreters include one of the following costs: 

1. Compensations;

2. Travel expenses;

3. Lodging expenses;

4. Accommodation allowances;

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Article 59. Compensations for interpreters

1. Compensations for interpreters and translators of speeches or documents in foreign languages shall be the same as the rates for foreign language translation prescribed by law on the regulations on reception of foreign guests working in Vietnam, the regulations on costs of organizing international conferences and seminars in Vietnam, and the regulations on domestic guest reception.

2. Compensations for interpreters and translators of speeches and documents in minority languages shall be the same as the rates for minority language interpretation stipulated by the law regarding the rates for ethnic language interpretation, and the rates for translation of legal documents in minority languages to ensure the dissemination and education of the law.

3. Compensations for interpreters for individuals with visual impairments and those with hearing and speaking impairments shall be the same as the rates for interpreters specified in Clause 2 of this Article.

Article 60. Obligations to give payments for interpreters

1. Obligations to give payments for interpreters in settling civil lawsuits shall comply with the provisions of clauses 1, 3 and 4 Article 168 of the Civil Procedure Code.

2. Obligations to give payments for interpreters in settling administrative cases shall comply with the provisions of clauses 1, 3 and 4 Article 369 of the Administrative Procedure Law.

Section 2. PAYMENTS FOR interpreters and translators in criminal procedures

Article 61. Determination of payments for interpreters and translators

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Article 62. Responsibility for giving payments for interpreters and translators

Proceeding authorities that request interpreters and translators shall give payments for interpreters and translators.

Chapter IX

COSTS OF OVERSEAS JUDICIAL ENTRUSTMENT

Section 1. COSTS OF OVERSEAS JUDICIAL ENTRUSTMENT in civil procedures and administrative procedures in accordance with law on judicial assistance

Article 63. Determination of costs of overseas judicial entrustment

1. Costs of overseas judicial entrustment include one or more of the following:

a) Costs of translation, notarization and authentication of judicial entrustment dossiers, notification implementation results of the country receiving judicial entrustment;

b) Costs of delivering judicial entrustment dossiers abroad;

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d) Costs under the Vietnamese law and the law of the relevant country (if any) in addition to the costs specified in points a, b, and c of this clause.

2. The costs specified in Clause 1 of this Article shall be determined in accordance with the law on judicial assistance.

Article 64. Obligation to pay advance, obligation to bear costs, handling of advance on overseas judicial entrustment

1. The obligation to pay advance, obligation to bear costs, and the handling of advance on overseas judicial entrustment in civil proceedings shall comply with the provisions of Articles 152, 153 and 154 of the Civil Procedure Code.

2. The obligation to pay advance, obligation to bear costs, and the handling of advance on overseas judicial entrustment in administrative proceedings shall comply with the provisions of Articles 353, 354 and 355 of the Administrative Procedure Law.

Section 2. COSTS OF OVERSEAS JUDICIAL ENTRUSTMENT IN CRIMINAL PROCEDURES UNDER JUDICIAL ASSISTANCE LAWS

Article 65. Determination of costs of overseas judicial entrustment

1. Costs of overseas judicial entrustment include one or more of the following:

a) Costs of handling judicial entrustment dossiers;

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c) Costs of summoning witnesses and observers;

d) Costs of delivering judicial entrustment dossiers abroad;

dd) Costs of sending documents and judicial assistance dossiers abroad;

e) Costs of collecting and providing evidence abroad;

g) Other costs of judicial entrustment (if any) under the Vietnamese law and the law of relevant country.

2. The costs specified in Clause 1 of this Article shall be determined in accordance with the law on judicial assistance.

Article 66. Responsibility for payment of costs of overseas judicial entrustment

1. Responsibility for paying costs of overseas judicial entrustment shall comply with judicial assistance laws.

2. In cases where both Vietnam and a foreign country are signatories to an international treaty, costs of overseas judicial entrustment shall comply with such international treaty.

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Section 3. COSTS OF DELIVERING, NOTIFYING LITIGATION DOCUMENTS TO FOREIGN COUNTRIES IN CIVIL PROCEDURES, ADMINISTRATIVE PROCEDURES THROUGH OVERSEAS REPRESENTATIVE MISSIONS OF THE SOCIALIST REPUBLIC OF VIETNAM

Article 67. Determination of costs of sending and notifying litigation documents

Costs of sending and notifying litigation documents through overseas representative missions of the Socialist Republic of Vietnam include one or some of the following:

1. Costs of photocopying litigation documents;

2. Domestically postal service charges;

3. Overseas postal service charges;

4. Translation costs;

5. Authentication costs;

6. Other costs.

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1. The obligation to pay advance, obligation to bear costs, and the handling of advance on costs of sending and notifying litigation documents abroad in civil proceedings shall comply with the provisions of Articles 152, 153 and 154 of the Civil Procedure Code, except for the provisions of clause 3 of this Article.

2. The obligation to pay advance, obligation to bear costs, and the handling of advance on costs of sending and notifying litigation documents abroad in administrative proceedings shall comply with the provisions of Articles 353, 354 and 355 of the Administrative Procedure Law.

3. The payers of the costs of sending and notifying litigation documents abroad, for requests for recognition and enforcement or non-recognition in Vietnam of civil judgments and decisions of foreign courts, and recognition and enforcement of rulings of foreign arbitrators, shall be determined in accordance with the provisions of Clause 2 Article 430 of the Civil Procedure Code.

4. Overseas representative missions of the Socialist Republic of Vietnam fulfilling the requirements for sending and notifying litigation documents of courts may use regular expenditure funds for making advance payment for overseas postal service charges.

5. The Supreme People's Court shall take charge and cooperate with the Ministry of Foreign Affairs in elaborating the procedures for collecting and paying advance, costs of sending and notifying litigation documents through overseas representative missions of the Socialist Republic of Vietnam.

Chapter X

COSTS OF ATTENDING TRIALS AND MEETINGS FOR RESOLVING LAWSUITS, CASES

Article 69. Determination of costs of attending trials and meetings

1. Costs of attending trials and meetings, for property valuers, representatives of organizations conducting assessments, individuals conducting assessments, interpreters, translators, and others attending the trials specified in Article 314 of the Criminal Procedure Code include one or more of the following:

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b) Travel expenses;

c) Lodging expenses;

d) Accommodation allowances;

dd) Other costs.

2. Interpreters in civil proceedings and administrative proceedings who have received interpreter fees as stipulated in Articles 58 and 59 of this Ordinance shall not receive remunerations for attending trials and meetings as provided in Clause 1 of this Article.

Article 70. Responsibility for payment of costs of attending trials and meetings

Courts shall issue decisions to bring cases to trial or to open meetings for resolving civil lawsuits shall cover costs of attending the trials or meetings.

Chapter XI

FUNDING FOR PAYMENT OF COSTS OF PROCEEDINGS

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1. The funding for costs of proceedings that proceeding authorities and relevant agencies are responsible for payment according to the provisions of this Ordinance shall be covered from the state budget in accordance with the state budget laws and other relevant laws.

2. The funding for making payment for jury shall be allocated in annual state budget estimates of Courts in accordance with the state budget laws.

Article 72. Estimates and payments of funding for costs of proceedings

1. Annually, on the basis of costs of proceedings actually incurred in the previous year, the proceeding authority and relevant agencies shall make a budget estimate for costs of proceedings to be included in their budget estimate, which is submitted to a competent state agency for making decision in accordance with the state budget laws.

2. The Government shall elaborate procedures for preparing estimates and making payments for costs of proceedings.

Chapter XII

IMPLEMENTATION PROVISIONS

Article 73. Entry into force

1. This Ordinance comes into force from July 01, 2025.

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This Ordinance is adopted by the Standing Committee of 15^th National Assembly of the Socialist Republic of Vietnam on December 11, 2024.

ON BEHALF OF Standing Committee of the National Assembly
Chairperson



Tran Thanh Man

LIST

Of some costs of proceedings
(enclosed with Ordinance No. 05/2024/UBTVQH15 dated December 11, 2024)

No

Name

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1

Remuneration for a person invited to participate in an on-site appraisal and inspection or an on-site inspection

200.000 VND/person/day

2

Judicial allowance for a juror

900.000 VND/person/day

3

Remuneration for an internal defender

700.000 VND/person/day

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Remuneration for a witness or an observer

200.000 VND/person/day

5

Remuneration for attending a trial or meeting for resolving a lawsuit or case

200.000 VND/person/day