Ordinance 04/2026/UBTVQH16 2026 amend the Ordinance on Litigation Costs

ORDINANCE

AMENDING AND SUPPLEMENTING A NUMBER OF ARTICLES OF THE ORDINANCE ON LITIGATION COSTS

Pursuant to the Constitution of the Socialist Republic of Vietnam, which has a number of articles amended and supplemented under Resolution No. 203/2025/QH15;

Pursuant to the Criminal Procedure Code No. 101/2015/QH13, which has a number of articles amended and supplemented under Law No. 02/2021/QH15, Law No. 34/2024/QH15, Law No. 59/2024/QH15, Law No. 99/2025/QH15, Law No. 103/2025/QH15, Law No. 105/2025/QH15, Law No. 106/2025/QH15 and Law No. 128/2025/QH15;

Pursuant to the Law on Mutual Legal Assistance in Civil Matters No. 102/2025/QH15;

Pursuant to the Law on Mutual Legal Assistance in Criminal Matters No. 103/2025/QH15;

Pursuant to the Law on Judicial Assessment No. 105/2025/QH15;

Pursuant to the Law on Recovery and Bankruptcy No. 142/2025/QH15;

The National Assembly Standing Committee promulgates the Ordinance amending and supplementing a number of articles of the Ordinance on Litigation Costs No. 05/2024/UBTVQH15, which has a number of articles amended and supplemented under Ordinance No. 08/2025/UBTVQH15.

Article 1. Amendment and supplementation of a number of articles of the Ordinance on Litigation Costs

1. To amend and supplement Clause 1 Article 1 as follows:

“1. This Ordinance regulates a number of litigation costs; advance payments of litigation costs; responsibility for payment and obligation to bear litigation costs; and funding for payment of litigation costs under the Criminal Procedure Code, the Civil Procedure Code, the Law on Administrative Procedures, the Law on Recovery and Bankruptcy and the Law on Organization of People’s Courts.

The determination of costs, advance payments, responsibility for payment, obligation to bear costs, and funding for payment of costs during the process in which the People’s Court considers and decides to send drug addicts from 12 to under 18 years old to compulsory drug rehabilitation centers and considers and decides, applies administrative handling measures shall comply with this Ordinance.”.

2. To add Clause 10 after Clause 9 Article 3 as follows:

“10. Litigation costs under the law on recovery and bankruptcy.”.

3. To amend and supplement Article 6 as follows:

“Article 6. Principles of exemption from, or reduction of, advance payments for on-site examination and appraisal, advance payments for expert assessment; exemption from, or reduction of, costs for on-site examination and appraisal, costs for expert assessment in civil proceedings, administrative proceedings and criminal proceedings

1. Exemption from, or reduction of, advance payments for on-site examination and appraisal, advance payments for expert assessment; exemption from, or reduction of, costs for on-site examination and appraisal, costs for expert assessment applicable to the persons specified in Articles 7 and 8 of this Ordinance who make requests for on-site examination and appraisal or requests for expert assessment that are accepted by an agency competent to conduct the proceedings shall only apply in the following cases:

a) The on-site examination and appraisal is conducted by a public agency or public non-business unit;

b) The expert assessment is conducted by the agency, unit or public judicial assessment organization that is not a public non-business unit and whose operating funds are covered by the state budget, or by a public judicial assessment organization that is a public non-business unit.

2. Where the involved parties agree that one party shall bear all or part of the payable costs for on-site examination and appraisal or expert assessment and the party bearing all or part of the payable costs is eligible for exemption or reduction, the Court shall only consider exemption or reduction with respect to the portion of costs that the person eligible for exemption or reduction must bear under this Ordinance. The portion of costs that such person agrees to pay on behalf of another person shall not be eligible for exemption or reduction.

3. Where advance payments for on-site examination and appraisal are exempted or reduced, or costs for on-site examination and appraisal are exempted or reduced, the agency conducting the on-site examination and appraisal shall be responsible for paying the exempted or reduced amount.

Where advance payments for expert assessment are exempted or reduced, or costs for expert assessment are exempted or reduced, the agency, unit or public judicial assessment organization that is not a public non-business unit and whose operating funds are covered by the state budget, or the public judicial assessment organization that is a public non-business unit, shall be responsible for paying the exempted or reduced amount.”.

4. To amend and supplement Article 7 as follows:

“Article 7. Persons eligible for exemption from advance payments for on-site examination and appraisal, advance payments for expert assessment; exemption from costs for on-site examination and appraisal, costs for expert assessment in civil proceedings, administrative proceedings and criminal proceedings

1. Children.

2. Members of poor households or near-poor households.

3. Elderly persons receiving monthly social allowances in accordance with law.

4. Persons with disabilities entitled to social protection policies under the law on persons with disabilities.

5. Persons with meritorious services to the revolution.

6. Ethnic minority persons residing in areas with extremely difficult socio-economic conditions.

7. Natural fathers, natural mothers, spouses, natural children or adopted children of martyrs, or persons credited with caring for martyrs.

8. Persons exposed to Agent Orange (dioxin).

9. Persons suffering damage in cases where expert assessment of damage is required under the Law on State Compensation Liability.”.

5. To amend and supplement the title of Article 8 as follows:

“Article 8. Persons eligible for reduction of advance payments for on-site examination and appraisal, advance payments for expert assessment; reduction of costs for on-site examination and appraisal, costs for expert assessment in civil proceedings, administrative proceedings and criminal proceedings”.

6. To amend and supplement Article 9 as follows:

“Article 9. Procedures for requesting exemption from, or reduction of, advance payments; exemption from, or reduction of, costs for on-site examination and appraisal, costs for expert assessment in civil proceedings, administrative proceedings and criminal proceedings

1. In civil proceedings and administrative proceedings, within 05 working days from the date of receipt of a notice of payment of an advance payment for on-site examination and appraisal or an advance payment for expert assessment, a person obligated to make the advance payment who is eligible for exemption or reduction under Articles 7 and 8 of this Ordinance shall submit to the Court a written request for exemption from, or reduction of, the advance payment and exemption from, or reduction of, the costs, accompanied by documents and evidence proving eligibility for exemption or reduction.

2. In criminal proceedings, a person eligible for exemption from, or reduction of, expert assessment costs under Articles 7 and 8 of this Ordinance shall submit to the agency soliciting the expert assessment a written request for exemption from, or reduction of, expert assessment costs, accompanied by documents and evidence proving eligibility for exemption or reduction.

3. A written request for exemption from, or reduction of, advance payments and exemption from, or reduction of, costs for on-site examination and appraisal or expert assessment must contain the following principal information:

a) Date, month and year of making the written request;

b) Full name and address of the requester;

c) Subject matter of the on-site examination and appraisal; subject matter of the solicited expert assessment;

d) Reasons and grounds for the request for exemption or reduction.”.

7. To amend and supplement Article 11 as follows:

“Article 11. Competence to decide on exemption from, or reduction of, costs for on-site examination and appraisal, costs for expert assessment in civil proceedings, administrative proceedings and criminal proceedings

1. For a civil case or administrative case, competence to decide on exemption from, or reduction of, costs for on-site examination and appraisal or expert assessment shall be determined as follows:

a) Where the case is resolved without opening a court hearing, the Judge assigned to resolve the case shall have competence to decide on exemption from, or reduction of, the costs;

b) At a court hearing, the trial panel shall have competence to decide on exemption from, or reduction of, the costs.

2. For a civil matter, the Judge assigned to resolve the civil matter shall have competence to decide on exemption from, or reduction of, costs for on-site examination and appraisal or expert assessment.

3. For a criminal case, competence to decide on exemption from, or reduction of, expert assessment costs shall be determined as follows:

a) Where the case is dismissed at the investigation stage, the Head of the investigating authority or the head of the agency assigned to carry out a number of investigative activities shall have competence to decide on exemption from, or reduction of, the costs;

b) Where the case is dismissed at the prosecution stage, the Chief Procurator of the Procuracy shall have competence to decide on exemption from, or reduction of, the costs;

c) Where the case is resolved without opening a court hearing, the Judge presiding over the court hearing shall have competence to decide on exemption from, or reduction of, the costs;

d) At a court hearing, the trial panel shall have competence to decide on exemption from, or reduction of, the costs.

4. Exemption from, or reduction of, costs for on-site examination and appraisal or expert assessment must be recorded in the decision of the agency competent to conduct the proceedings or in the court judgment.

5. An extract of the court judgment or decision containing a content to grant or refuse exemption from, or reduction of, costs for on-site examination and appraisal or expert assessment must be sent to the requester and the agency or organization conducting the on-site examination and appraisal or expert assessment within 03 working days from the date of issuance of the court judgment or decision.”.

8. To amend and supplement the title of Article 12 as follows:

“Article 12. Reduction levels of advance payments for on-site examination and appraisal, advance payments for expert assessment; reduction levels of costs for on-site examination and appraisal, costs for expert assessment in civil proceedings, administrative proceedings and criminal proceedings”.

9. To amend and supplement Article 13 as follows:

“Article 13. Settlement of complaints and denunciations concerning litigation costs

1. Within 03 working days from the date of receipt of a notice or decision on payment of an advance payment for litigation costs and exemption from, or reduction of, an advance payment for costs or exemption from, or reduction of, costs for on-site examination and appraisal or expert assessment, an agency, organization or individual may lodge a complaint as follows:

a) Lodging a complaint with the Chief Procurator of the Procuracy at the same level or with the competent Procuracy against a decision of the Investigating Authority or the agency assigned to carry out a number of investigative activities;

b) Lodging a complaint with the Chief Procurator of the immediately superior Procuracy against a decision of the Procuracy;

c) Lodging a complaint with the Chief Justice of the Court that has accepted and is resolving the case or matter against a notice of the Court.

2. A person competent to settle a complaint under Clause 1 of this Article shall consider and settle the complaint within 03 working days from the date of receipt of the written complaint. The complaint settlement decision shall be final.

3. Complaints and settlement of complaints concerning the obligation to pay litigation costs in a court judgment or decision shall comply with procedural law.

4. Denunciations and settlement of denunciations concerning litigation costs shall comply with the law on denunciations.”.

10. To amend and supplement Clause 4 Article 38 as follows:

“4. Within 02 working days from the date of collecting an advance payment for expert assessment, the Court, organization or person performing the expert assessment shall handle the collected amount in accordance with law. The organization or person performing the expert assessment shall issue an invoice or receipt for the advance payment for expert assessment to the Court.”.

11. To amend and supplement Article 42 as follows:

“Article 42. Responsibility for making advance payments for expert assessment

1. An agency competent to conduct the proceedings that issues a decision to solicit an expert assessment shall not be required to make an advance payment for expert assessment when soliciting an expert assessment from the agency, unit or public judicial assessment organization that is not a public non-business unit and whose operating funds are covered by the state budget, or from a public judicial assessment organization that is a public non-business unit. Advance payments for expert assessment by such agency, unit or organization shall comply with law.

2. An agency competent to conduct the proceedings that issues a decision to solicit an expert assessment shall be responsible for making an advance payment for expert assessment when soliciting an expert assessment from an organization or individual whose operating funds are not covered by the state budget.”.

12. To amend and supplement Article 43 as follows:

“Article 43. Responsibility for paying expert assessment costs

1. An agency, unit or public judicial assessment organization that is not a public non-business unit and whose operating funds are covered by the state budget, or a public judicial assessment organization that is a public non-business unit, shall be responsible for paying expert assessment costs when performing an expert assessment under a decision to solicit an expert assessment.

2. An agency competent to conduct the proceedings shall be responsible for paying expert assessment costs when soliciting an expert assessment from an organization or individual whose operating funds are not covered by the state budget.

3. For a criminal case initiated at the request of the victim, if the Court declares the defendant not guilty or the case is dismissed under Clause 2 Article 155 of the Criminal Procedure Code, the victim who requested initiation of the criminal case shall reimburse expert assessment costs to the state budget as follows:

a) In the case specified in Clause 1 of this Article, reimbursement shall be made through such agency, unit or organization;

b) In the case specified in Clause 2 of this Article, reimbursement shall be made through the agency competent to conduct the proceedings that solicited the expert assessment.

4. Where a civil plaintiff, civil defendant or person with related rights and obligations in a criminal case requests an expert assessment, the person who requested the expert assessment shall bear the expert assessment costs.”.

13. To amend and supplement Article 44 as follows:

“Article 44. Procedures for making advance payments for expert assessment

1. Where an advance payment for expert assessment is required under Clause 2 Article 42 of this Ordinance, the organization or person performing the expert assessment shall determine and notify the agency competent to conduct the proceedings that issued the decision to solicit the expert assessment of the amount, deadline and method for making the advance payment for expert assessment.

2. The agency competent to conduct the proceedings that issued the decision to solicit the expert assessment shall be responsible for making the advance payment for expert assessment in accordance with the notice of the organization or person performing the expert assessment specified in Clause 1 of this Article.”.

14. To amend and supplement Article 64 as follows:

“Article 64. Obligation to pay advance payments, obligation to bear costs, and settlement of advance payments for overseas judicial entrustment costs

1. The obligation to pay advance payments, obligation to bear costs, and settlement of advance payments for overseas judicial entrustment costs in civil proceedings shall comply with Articles 152, 153 and 154 of the Civil Procedure Code and the law on mutual legal assistance in civil matters.

2. The obligation to pay advance payments, obligation to bear costs, and settlement of advance payments for overseas judicial entrustment costs in administrative proceedings shall comply with Articles 353, 354 and 355 of the Law on Administrative Procedures and the law on mutual legal assistance in civil matters.”.

15. To amend and supplement Article 66 as follows:

“Article 66. Responsibility for paying overseas judicial entrustment costs

Responsibility for paying overseas judicial entrustment costs shall comply with the law on mutual legal assistance in criminal matters.”.

16. To add Chapter Xa after Chapter X as follows:

“Chapter Xa

LITIGATION COSTS UNDER THE LAW ON RECOVERY AND BANKRUPTCY

Article 70a. Determination of litigation costs under the law on recovery and bankruptcy

1. Bankruptcy costs covered by the state budget under the Law on Recovery and Bankruptcy include costs for asset management officers or asset management and liquidation enterprises, audit costs, and other necessary and reasonable costs in accordance with law.

2. Costs for asset management officers or asset management and liquidation enterprises specified in Clause 1 of this Article shall comply with regulations of the Government.

3. Audit costs specified in Clause 1 of this Article shall be determined in accordance with Clause 4 Article 2 of this Ordinance.

4. Other necessary and reasonable litigation costs in accordance with the law on recovery and bankruptcy.

Article 70b. Advance payments for bankruptcy costs, payment of bankruptcy costs, and settlement of advance payments for bankruptcy costs in cases covered by the state budget

1. The Court shall be responsible for making advance payments for bankruptcy costs and paying bankruptcy costs in cases covered by the state budget in accordance with the Law on Recovery and Bankruptcy and guidance of the Supreme People’s Court.

2. Where the value of assets of an enterprise or cooperative is sufficient to pay bankruptcy costs, the advance payment for bankruptcy costs shall be immediately reimbursed to the state budget.

3. Where the value of assets of an enterprise or cooperative is sufficient to pay part of the bankruptcy costs, the paid portion shall be immediately reimbursed to the state budget.”.

17. To add Clause 3 after Clause 2 Article 71 as follows:

“3. Funding for advance payments for bankruptcy costs and payment of bankruptcy costs in cases covered by the state budget shall be allocated in the annual state budget estimates of the Court in accordance with the law on the state budget.”.

Article 2. Implementation provisions

1. This Ordinance takes effect on August 01, 2026, except for the cases specified in Article 3 of this Ordinance.

2. The Government, the Supreme People’s Court and the Supreme People’s Procuracy shall, within the scope of their respective functions, tasks and powers, detail and guide the implementation of this Ordinance.

Article 3. Transitional provisions

1. Where an expert assessment was solicited before the effective date of this Ordinance but the payment, settlement and finalization of expert assessment costs have not been completed by August 01, 2026, the provisions of the Ordinance on Litigation Costs No. 05/2024/UBTVQH15, which has a number of articles amended and supplemented under Ordinance No. 08/2025/UBTVQH15, shall continue to apply, except for the case specified in Clause 2 of this Article.

2. From May 01, 2026, agencies competent to conduct the proceedings and relevant agencies, organizations and individuals shall implement the provisions on expert assessment costs based on the Law on Judicial Assessment No. 105/2025/QH15.

3. From March 01, 2026, Courts and relevant agencies, organizations and individuals shall implement the provisions on litigation costs under the law on recovery and bankruptcy in cases covered by the state budget based on the Law on Recovery and Bankruptcy No. 142/2025/QH15.

4. From July 01, 2026, Courts and relevant agencies, organizations and individuals shall implement the provisions on overseas judicial entrustment costs in civil proceedings, administrative proceedings and criminal proceedings under the law on mutual legal assistance based on the Law on Mutual Legal Assistance in Civil Matters No. 102/2025/QH15 and the Law on Mutual Legal Assistance in Criminal Matters No. 103/2025/QH15.
 

This Ordinance was adopted by the XVI^th National Assembly Standing Committee at its 4^th Meeting on July 15, 2026.