Civil Court Fees in Vietnam: First-Instance and Appellate
How civil court fees are structured in Vietnam under Resolution 326, including first-instance and appellate fees and who bears them.
Table of contents
Civil court fees in Vietnam are governed by Resolution 326 of the Standing Committee of the National Assembly, which sets out the fees and charges applied by the courts. Understanding how these fees are structured helps parties budget for litigation and understand who is ultimately responsible for paying them. Fees differ depending on whether a claim is quantifiable in money and on the stage of proceedings.
How fees are structured
- Claims without a monetary value — a fixed court fee applies, set by Resolution 326.
- Claims with a monetary value — the first-instance fee is calculated on the value in dispute, typically on a sliding scale so that larger claims attract higher fees.
- Appellate fee — a party that appeals a first-instance judgment pays an appellate court fee, which is generally a fixed amount.
Advance payment and who bears the fee
A plaintiff normally must pay an advance on the court fee for the claim to be accepted, calculated as a proportion of the anticipated fee. At the end of the case, the court decides who bears the fee. As a general rule, the losing party bears the court fee, and amounts are adjusted against the advance already paid. In some cases the fee is shared in proportion to the parties' success.
Exemptions and reductions
Resolution 326 provides for exemption or reduction of court fees for certain categories of person or claim, such as parties in defined financial hardship or specific types of case. A party seeking exemption or reduction generally must apply and provide supporting documentation.
Frequently asked questions
Who ultimately pays the court fee?
As a general rule the losing party bears the fee. Where each side partly succeeds, the fee may be apportioned in line with the outcome.
Do I pay before or after the case?
The plaintiff usually pays an advance for the claim to be accepted. The final allocation is decided in the judgment and reconciled against the advance.
Can court fees be reduced or waived?
Yes. Resolution 326 allows exemptions or reductions for certain persons and cases, subject to an application and supporting evidence.
How LTV Law helps
LTV Law estimates court fees, advises on advance payments and exemptions, and manages fee-related steps throughout litigation in Vietnam — contact our team.
This article is for general information only and does not constitute legal advice.
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