Ordinance on Litigation Costs, No. 05/2024/UBTVQH15

ORDINANCE

On Litigation Costs

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Criminal Procedure Code No. 101/2015/QH13, which had a number of articles amended and supplemented under Law No. 02/2021/QH15, Law No. 34/2024/QH15 and Law No. 59/2024/QH15;

Pursuant to the Civil Procedure Code No. 92/2015/QH13, which had a number of articles amended and supplemented under 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 the Law on Administrative Procedures No. 93/2015/QH13, which had a number of articles amended and supplemented under Law No. 55/2019/QH14 and Law No. 34/2024/QH15;

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

The National Assembly Standing Committee hereby promulgate the Ordinance on Litigation Costs.

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

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

The determination of costs, advance payments, payment responsibilities, cost-bearing obligations, and funding for payment of costs during the process of the People's Court considering and deciding to send drug addicts from 12 to under 18 years old to compulsory drug rehabilitation centers and considering and deciding to apply administrative handling measures shall be carried out in accordance with this Ordinance.

2. Court costs and fees are not regulated by this Ordinance.

Article 2. Interpretation of terms

In this Ordinance, the terms below are construed as follows:

1. Litigation costs refer to necessary and reasonable expenses incurred for the conduct of litigation activities, as determined by the competent agencies in accordance with this Ordinance and other relevant laws.

2. Remuneration costs refer to payments for participants in on-site examination and appraisal, people’s advocates, witnesses, observers, property valuators, representatives of organizations performing expert assessment, persons performing expert assessment, interpreters, translators, and other participants in court proceedings as prescribed in Article 314 of the Criminal Procedure Code when involved in litigation at the request of the agencies competent to conduct the proceedings.

3. Travel expenses, accommodation expenses, and per diem allowances refer to payments for persons competent to conduct the proceedings, proceeding participants, and persons invited to participate in the proceedings in accordance with the law on expenditure items and spending levels for per diem allowances and conference expenses applicable to state agencies and public non-business units.

4. Other costs refer to expenses directly related to and necessary for proceeding activities, corresponding to the nature and content of the case, determined based on actual costs arising under contracts (if any), invoices, and supporting documents as prescribed by law.

5. Advance payment refers to the estimated amount required for organizations, agencies and individuals specified in this Ordinance to conduct proceedings as requested or ordered by the agencies competent to conduct the proceedings.

Article 3. Litigation costs

Litigation costs specified in this Ordinance include:

1. Costs for on-site examination and appraisal; costs for on-site examination;

2. Costs for property valuation;

3. Costs for expert assessment;

4. Costs for assessors;

5. Costs for lawyers, legal aid providers and people’s advocates;

6. Costs for witnesses, observers;

7. Costs for interpreters, translators;

8. Overseas judicial entrustment costs;

9. Costs for participation in court hearings and meetings in resolution of cases and matters.

Article 4. Litigation costs

1. Remuneration costs for proceeding participants and trial allowances for assessors are provided in the List of litigation costs to this Ordinance.

2. The costs other than those prescribed in Clause 1 of this Article shall be determined as follows:

a) For costs already covered by standards, norms, or rates set by a competent state agency, they shall be determined according to such applicable standards, norms, or rates;

b) For charges relating to the use of services (service charges), expenses relating to the collection and analysis of information, consumable materials, and other expenses, the spending amounts shall be based on the actual costs incurred under a contract (if any), invoices, and relevant supporting documents in accordance with the law.

Article 5. Principles of collection and payment of litigation costs

Litigation costs shall be collected and paid under this Ordinance and other relevant laws.

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 and administrative proceedings

1. The exemption from, and reduction of, advance payments for on-site examination and appraisal, advance payments for expert assessment; exemption from, and 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 with requirements for on-site examination and appraisal, or expert assessment requirements must be accepted by the Court, and the exemption and reduction shall only be applied to on-site examination and appraisal and expert assessment conducted by public non-business units and agencies, public judicial assessment institutions.

2. In case where involved parties reaches an agreement that one party shall bear in full or in part the payable on-site examination and appraisal costs or expert assessment costs, and the party so agreeing to bear those costs is subject to exemption or reduction, the Court shall only consider the exemption or reduction with respect to the portion of costs that party must bear under this Ordinance. Any portion of costs that the exempted or reduced party agrees to pay on behalf of another person shall not be eligible for exemption or reduction.

3. In cases where the advance payments of on-site examination and appraisal costs or expert assessment costs, or the on-site examination and appraisal costs or expert assessment costs are exempted or reduced, the agency conducting the on-site examination and appraisal or the expert assessment-soliciting body shall be responsible for disbursing the amount exempted or reduced.

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 and administrative proceedings

1. Children.

2. Members of poor households, near poor households.

3. The elderly entitled to social protection policies under the law on the elderly.

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

5. People with meritorious services to the revolution.

6. Ethnic minorities residing in villages or communes facing extremely difficult socio-economic conditions.

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

8. Persons exposed to Agent Orange (dioxin).

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 and administrative proceedings

1. A person who encounters force majeure events causing him/her to lack sufficient assets to pay advance payments for on-site examination and appraisal costs or expert assessment costs; or the on-site examination and appraisal costs or expert assessment costs certified by the commune-level People’s Committee or district-level People’s Committee where such person resides (in the locality without the commune-level administrative unit), shall be eligible for a reduction in those costs.

2. A person specified in Clause 1 of this Article shall bear all on-site examination and appraisal costs or expert assessment costs in any of the following cases:

a) There is evidence that he or she is not the person who encountered a force majeure event leading to a lack of sufficient assets to make payment;

b) Under a legally effective court judgment or ruling of the court, that person has assets sufficient to pay the entire amount of on-site examination and appraisal costs or expert assessment costs for which he or she is liable.

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

1. Within 5 working days from the receipt of the notice of advance payment of on-site examination and appraisal costs, or expert assessment costs, a person obligated to make advance payment who is eligible for exemption or reduction as specified in Articles 7 and 8 of this Ordinance shall submit a written request for exemption or reduction, accompanied by documents and evidence proving his/her eligibility, to the Court.

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

a) Date, month and year of request;

b) Full name and address of the requester;

c) The subject matter of the requested on-site on-site examination and appraisal or the subject matter of the requested expert assessment;

d) Reasons and grounds for exemption or reduction request.

Article 10. Competence to decide on exemption from, or reduction of, advance payments of on-site examination and appraisal costs, or expert assessment costs in civil and administrative proceedings

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

a) Before the opening of a court hearing, the judge assigned to resolve the case shall examine the request and decide on exemption or reduction of the advance payment within 5 working days from the date of receiving the request. In case of accepting such request, the court shall issue a notice specifying the exempted or reduced amount. In case of refusal, the notice must clearly state the reason. Such notice must be sent to the requester, agency or organization conducting the on-site examination and appraisal, or expert assessment within 2 working days from the date of issuance of the notice;

b) At a court hearing, the trial panel shall review the request and decide on the exemption or reduction. In case of accepting such request, the court shall issue a notice specifying the exempted or reduced amount. In case of refusal, the notice must clearly state the reason. The trial panel's notice must be publicized at the court hearing, and sent to the requester, agency or organization conducting the on-site examination and appraisal, or expert assessment within 2 working days from the date of issuance of the notice.

2. For a civil matter, the judge assigned to resolve the matter shall examine the request and decide on exemption or reduction of the advance payments of on-site examination and appraisal costs, or expert assessment costs within 5 working days from the date of receiving the request. In case of accepting such request, the court shall issue a notice specifying the exempted or reduced amount. In case of refusal, the notice must clearly state the reason. Such notice must be sent to the requester, agency or organization conducting the on-site examination and appraisal, or expert assessment within 2 working days from the date of issuance of the notice.

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

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

a) In case where the case is resolved without the requirement to open a court hearing, the judge assigned to resolve the case shall decide on the cost exemption or reduction;

b) At a court hearing, the trial panel shall decide on the cost exemption or reduction.

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

3. The exemption from, or reduction of, on-site examination and appraisal costs, or expert assessment costs must be recorded in the court judgments or rulings.

4. An extract of the court judgment or ruling specifying the exemption or reduction, or non-exemption or non-reduction, of on-site examination and appraisal costs, or expert assessment costs, must be sent to the requester, or agency or organization conducting the on-site examination and appraisal, or expert assessment within 3 working days from the date of issuance of the court judgment or ruling.

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

Persons specified in Clause 1 Article 8 of this Ordinance are eligible for a maximum reduction of 50% of the advance payments of on-site examination and appraisal costs, or expert assessment costs, or on-site examination and appraisal costs or expert assessment costs payable by such persons.

Article 13. Settling litigation cost-related complaints and denunciations

1. An agency, organization, or individual may lodge a complaint with the chief justice of the court that has accepted or is handling the case within 3 working days of receiving any notice from the competent court concerning the payment of advance litigation costs, as well as the exemption or reduction of advance payments of on-site examination and appraisal costs or expert assessment costs, or exemption or reduction of on-site examination and appraisal costs or expert assessment costs.

The chief justice of the court that has accepted or is handling the case must consider and settle the complaint within 3 working days from the date of receipt of the written complaint. The ruling of the chief justice of the court that has accepted or is handling the case is final.

2. The complaint and settlement of complaint relating to the obligation of payment of litigation costs in a court judgment or ruling shall comply with the procedure law.

3. The denunciation and settlement of denunciation relating to litigation costs shall comply with the denunciation law.

Chapter II

ON-SITE EXAMINATION AND APPRAISAL COSTS IN CIVIL AND ADMINISTRATIVE PROCEEDINGS; ON-SITE EXAMINATION COSTS IN CRIMINAL PROCEEDINGS

Section 1

ON-SITE EXAMINATION AND APPRAISAL COSTS IN CIVIL AND ADMINISTRATIVE PROCEEDINGS

Article 14. Determination of on-site examination and appraisal costs

On-site examination and appraisal costs include one or several of the following:

1. Costs for persons invited to participate in on-site examination and appraisal, including:

a) Remuneration costs, as prescribed in the List of litigation costs to this Ordinance;

b) Travel expenses;

c) Accommodation expenses;

d) Per diem allowances;

2. Service charges;

3. Other expenses.

Article 15. Service charges

Service charges shall be applied in case of necessity to employ an unit or organization with professional function to perform measurements, map overlay, or other outsourced services directly supporting on-site examination and appraisal.

Article 16. Obligation to pay advance payments, obligation to bear costs, and settlement of advance payments for on-site examination and appraisal

1. Obligation to pay advance payments, obligation to bear costs, and settlement of advance payments for on-site examination and appraisal during the settlement of civil cases and matters shall comply with Articles 156, 157 and 158 of the Civil Procedure Code.

2. Obligation to pay advance payments, obligation to bear costs, and settlement of advance payments for on-site examination and appraisal during the settlement of administrative cases shall comply with Articles 357, 358 and 359 of the Law on Administrative Procedures.

Article 17. Procedures for making advance payments for on-site examination and appraisal

1. Within 5 working days from the date of receiving a request for on-site examination and appraisal or when the court deems it necessary to conduct such on-site examination and appraisal, the court shall determine the amount of the advance payment for the on-site examination and appraisal and notify the obligated party to submit the advance payment to the Court. The notice must specify the amount, deadline, and method of payment.

2. Within 7 days from the receipt of the court’s notice under Clause 1 of this Article, or 5 working days from the date of receiving the notice of acceptance or rejection of the request for exemption or reduction of the advance payment for on-site examination and appraisal, the obligated party must submit the advance payment for on-site examination and appraisal, unless otherwise agreed upon by the parties or stipulated by law. If the obligated party fails to submit the advance payment within the prescribed period, the court shall resolve the case in accordance with the Civil Procedure Code and the Law on Administrative Procedures.

Section 2

ON-SITE EXAMINATION COSTS IN CRIMINAL PROCEEDINGS

Article 18. Determination of on-site examination costs

On-site examination costs include one or several of the following:

1. On-site examination costs for other participants in the court hearing specified in Article 314 of the Criminal Procedure Code include:

a) Remuneration cost, as prescribed in the List of litigation costs to this Ordinance;

b) Travel expenses;

c) Accommodation expenses;

d) Per diem allowances.

2. On-site examination costs for persons performing the on-site examination include:

a) Travel expenses;

b) Accommodation expenses;

c) Per diem allowances;

3. Service charges;

4. Other expenses.

Article 19. Service charges

Service charges shall be applied in case of necessity to employ an qualified unit or organization and other outsourced services directly supporting on-site examination.

Article 20. Responsibility for paying on-site examination costs

Agency competent to conduct the proceedings that perform the on-site examination shall pay on-site examination costs.

Chapter III

COSTS FOR PROPERTY VALUATION

Section 1

COSTS FOR PROPERTY VALUATION IN CIVIL AND ADMINISTRATIVE PROCEEDINGS

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

Costs for property valuation include one or several of the following:

1. Costs for members of the valuation council include:

a) Remuneration cost, as prescribed in the List of litigation costs to this Ordinance;

b) Travel expenses;

c) Accommodation expenses;

d) Per diem allowances.

2. Expenses for collection and analysis of information about the valuated subjects;

3. Expenses for consumable materials;

4. Service charges;

5. Other expenses.

Article 22. Expenses for collection and analysis of information about the valuated objects

Expenses for collection and analysis of information about the valuated objects include one or several of the following:

1. Costs for a general survey of the valuated property;

2. Costs for preparing a property valuation plan;

3. Costs for field surveys and gathering information related to the valuated property;

4. Costs for analyzing information pertaining to the valuated property.

Article 23. Expenses for consumable materials

Where the valuation council must use materials for valuation, expenses for consumable materials shall be included. Such expenses shall be determined based on the volume of work, applicable regulations for each type of object under valuation, and relevant norms for the valuation field.

If no legal provision regulates the norms for consumable materials, the valuation council shall determine the amount based on relevant regulations and actual conditions on material usage for valuation to determine such expenses.  The valuation council shall be responsible for ensuring that such expenses are appropriate and send notice to the proceeding-conducting agency that requested the property valuation when following the procedure set out in Clause 1 Article 26 of this Ordinance.

Article 24. Service charges

Service charges shall be applied in case it is necessary to obtain expert opinions, consultancy services from a valuation enterprise, or other consultancy entities as a reference basis for property valuation activities and other outsourced services directly serving the property valuation.

Article 25. Obligation to pay advance payments, obligation to bear costs, and settlement of advance payments for property valuation

1. Obligation to pay advance payments, obligation to bear costs, and settlement of advance payments for property valuation during the settlement of civil cases and matters shall comply with Articles 164, 165 and 166 of the Civil Procedure Code.

2. Obligation to pay advance payments, obligation to bear costs, and settlement of advance payments for property valuation during the settlement of administrative cases shall comply with Articles 365, 366 and 367 of the Law on Administrative Procedures.

Article 26. Procedures for making advance payments for property valuation

1. Within 5 working days from the date of establishment, the valuation council shall notify the court of the amount, deadline and method of making advance payment for property valuation.

2. Within 2 working days from the date of receipt of the valuation council’s notice, the court shall notify the person obligated to make advance payment for property valuation.

3. Within 7 days from the date of receipt of the court’s notice, such person shall make advance payment for property valuation, unless otherwise agreed upon by related parties or prescribed by law.

4. Within 2 working days from the date of collection of the advance payment for property valuation, the court shall transfer such amounts to the valuation council. The valuation council shall issue the advance payment receipt for the court.

Article 27. Costs for re-valuation

The determination of costs and obligation to make advance payment, obligation to bear costs, and the settlement of advance payments, procedures for making advance payment for re-valuation shall comply with provisions provided in this Section.

Section 2

COSTS FOR PROPERTY VALUATION IN CRIMINAL PROCEEDINGS

Article 28. Determination of costs for property valuation in criminal proceedings

Costs for property valuation shall be determined in accordance with Articles 21, 22, 23 and 24 of this Ordinance.

Article 29. Responsibility for making advance payments for property valuation

Agencies competent to conduct the proceedings that requested the property valuation shall make advance payments for property valuation.

Article 30. Procedures for making advance payments for property valuation

1. The valuation council shall determine and notify the agency competent to conduct the proceedings that requested the property valuation of the amounts of money, deadline and method for making advance payment for property valuation.

2. The agency competent to conduct the proceedings that requested the property valuation shall make advance payments for property valuation according to the valuation council's notice.

Article 31. Responsibility for paying property valuation costs

Responsibility for paying property valuation costs to the valuation council shall comply with the law on criminal procedures and the law on property valuation.

Article 32. Costs for re-valuation

The determination of costs and responsibility to make advance payment, procedures for making advance payment, and responsibility for paying re-valuation costs shall comply with provisions provided in this Section.

Chapter IV

COSTS FOR EXPERT ASSESSMENT

Section 1

COSTS FOR EXPERT ASSESSMENT IN CIVIL AND ADMINISTRATIVE PROCEEDINGS

Article 33. Determination of expert assessment costs

Costs for expert assessment include one or several of the following:

1. Expenses for organizations or individuals performing expert assessment, including:

a) Salary, remuneration costs;

b) Travel expenses;

c) Accommodation expenses;

d) Per diem allowances.

2. Costs for depreciation or wear-and-tear of machinery, means and equipment.

3. Expenses for consumable materials;

4. Service charges;

5. Other expenses.

Article 34. Expenses for organizations or individuals performing expert assessment

1. An organization performing expert assessment shall, based on the assessment requested, work volume and the necessary duration for expert assessment, and the law on salary regimes applicable to its agency or organization, determine the salary costs for use as a basis to notify the proceeding-conducting agency.

2. Judicial experts and ad hoc judicial expertise performers who do not receive salaries from the state budget shall, based on the content of the assessment request, the volume of work, the duration necessary to conduct the expert assessment, and their actual salaries and income, determine a reasonable remuneration and notify the proceeding-conducting agency.

3. Judicial experts and ad hoc judicial expertise performers who receive salaries from the state budget shall, based on the law on judicial expertise allowance, determine the remuneration and notify the proceeding-conducting agency.

Article 35. Costs for depreciation or wear-and-tear of machinery, means and equipment, and expenses for consumable materials

1. An organization or person that uses machinery, means and equipment, and materials to perform an expert assessment may determine costs for depreciation or wear-and-tear of machinery, means and equipment, and expenses for consumable materials.

2. Costs for depreciation or wear-and-tear of machinery, means and equipment, and expenses for consumable materials shall be determined based on the work volume, process for expert assessment, standards and norms appropriate to the assessment field.

If no legal provision regulates the norms for depreciation or wear-and-tear of machinery, means, equipment and consumable materials, an organization or person performing the expert assessment shall, based on relevant regulations and actual conditions on use of machinery, means, equipment and consumable materials for expert assessment to determine such costs and expenses. The organization or person performing the expert assessment shall be responsible for the appropriateness of the determined costs for depreciation or wear-and-tear of machinery, means and equipment, and expenses for consumable materials and send notice to the proceeding-conducting agency that issued the decision to solicit an expert assessment when following the procedure set out in Clause 1 Article 38 of this Ordinance.

Article 36. Service charges

Service charges shall be applied in case of necessity to utilize experimental results, additional tests or specialized conclusions, preservation services performed by other individuals or organizations, and other outsourced service costs directly serving the expert assessment.

Article 37. Obligation to pay advance payments, obligation to bear costs, and settlement of advance payments for expert assessment

1. Obligation to pay advance payments, obligation to bear costs, and settlement of advance payments for expert assessment during the settlement of civil cases and matters shall comply with Articles 160, 161 and 162 of the Civil Procedure Code.

2. Obligation to pay advance payments, obligation to bear costs, and settlement of advance payments for expert assessment during the settlement of administrative cases shall comply with Articles 361, 362 and 363 of the Law on Administrative Procedures.

Article 38. Procedures for making advance payments for expert assessment

1. Within 5 working days from the date of receipt of the court's decision to solicit an expert assessment, the organization or person performing the expert assessment shall notify the court of the amount, deadline and method of making advance payment for expert assessment.

2. Within 2 working days from the date of receipt of the notice from the organization or person performing the expert assessment, the court shall notify the person with obligations to pay expert assessment advance for the court.

3. Within 7 days from the date of receipt of the court's notice, or within 5 working days from the date of receipt of the decision on rejection of the request for exemption or reduction of expert assessment advance, or decision on reduction of expert assessment advance, the person with obligations shall pay such expert assessment advance to the court, unless otherwise prescribed by law.

4. Within 2 working days from the date of collection of the advance payment for expert assessment, the court shall transfer such amounts to the organization or person performing the expert assessment. The organization or person performing the expert assessment shall issue an invoice or advance payment receipt for the court.

Article 39. Costs for additional expert assessment or re-assessment

The determination of costs and obligation to make advance payment, obligation to bear costs, and the settlement of advance payments, procedures for making advance payment for additional expert assessment or re-assessment shall comply with provisions provided in this Section.

Article 40. Responsibility for regulating the expert assessment cost calculation methods and principles

Ministries, Supreme People’s Procuracies competent to manage public judicial assessment institutions shall regulate the expert assessment cost calculation methods and principles, economic-technical norms, and spending norms (if any) in the expert assessment fields under their respective management.

Where necessary, the Government shall direct ministries and ministerial-level agencies with specialized management competence to stipulate methods and principles for calculating expert assessment costs, technical-economic norms, and spending norms (if any) in the expert assessment fields under the respective management.

Section 2

EXPERT ASSESSMENT COSTS IN CRIMINAL PROCEEDINGS

Article 41. Determination of expert assessment costs

Costs for expert assessment shall be determined in accordance with Articles 33, 34, 35, 36 and 40 of this Ordinance.

Article 42. Responsibility for making advance payments for expert assessment

An agency competent to conduct the proceedings that issued the decision to solicit an expert assessment shall make advance payments for expert assessment.

Article 43. Responsibility for paying expert assessment costs

1. An agency competent to conduct the proceedings that issued the decision to solicit an expert assessment shall pay expert assessment costs, except for the cases specified in Clause 2 of this Article.

2. In case where the case is initiated upon 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 agency competent to conduct the proceedings shall not be liable for paying expert assessment costs; instead, the victim who requested initiation of the case must reimburse the agency competent to conduct the proceedings for expert assessment costs already paid.

3. In case where civil plaintiffs, civil defendants or persons with interests and obligations related to the criminal cases request the expert assessment, the requesters shall bear the expert assessment costs.

Article 44. Procedures for making advance payments for expert assessment

1. 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 an expert assessment of the amounts of money, deadline and method for making advance payment for expert assessment.

2. An agency competent to conduct the proceedings that issued the decision to solicit an expert assessment shall make advance payments for expert assessment according to the notice of the organization or person performing the expert assessment.

Article 45. Costs for additional expert assessment or expert re-assessment

The determination of costs and responsibility to make advance payment, procedures for making advance payment, and responsibility for paying additional expert assessment or expert re-assessment costs shall comply with provisions provided in this Section.

Chapter V

COSTS FOR ASSESSORS

Article 46. Determination of costs for assessors

Costs for assessors include one or several of the following:

1. Adjudication allowance;

2. Travel expenses;

3. Accommodation expenses;

4. Per diem allowances;

5. Other expenses.

Article 47. Adjudication allowance

1. Adjudication allowance refers to the amount paid to a assessor for performing adjudicating duty.

2. The adjudication allowance paid for a assessor is calculated based on the actual number of days participating in the trial or reviews case files, as confirmed by the court deciding on bring the criminal case for trial.

3. The adjudication allowance level paid to an assessor is prescribed in the List of litigation costs to this Ordinance.

Article 48. Responsibility for paying costs for assessors

The court deciding on bring the criminal case for trial shall pay costs for assessors.

Chapter VI

COSTS FOR LAWYERS, LEGAL AID PROVIDERS AND PEOPLE’S ADVOCATES IN CASE OF APPOINTMENT OF DEFENSE COUNSELS IN CRIMINAL PROCEEDINGS

Article 49. Determination of costs for lawyers, legal aid providers and people’s advocates in case of appointment of defense counsels

1. The costs for a defense counsel who is a lawyer appointed by a law-practicing organization shall be determined in accordance with the law on lawyers; the costs for a defense counsel who is a legal aid provider or lawyer appointed by the State Legal Aid Center shall be determined in accordance with the law on legal aid.

2. Costs for people’s advocates include one or several of the following:

a) Remuneration cost, as prescribed in the List of litigation costs to this Ordinance;

b) Travel expenses;

c) Accommodation expenses;

d) Per diem allowances.

dd) Other expenses.

Article 50. Responsibility for paying costs for lawyers, legal aid providers and people’s advocates in case of appointment of defense counsels

1. Agencies competent to conduct the proceedings that appoint the defense counsels shall pay costs for defense counsels who are lawyers appointed by a law-practicing organization, people’s advocates appointed by the Vietnam Fatherland Front and its member organizations.

2. The State Legal Aid Centers shall pay costs for defense counsels who are legal aid providers or lawyers appointed by such centers.

Chapter VII

COSTS FOR WITNESSES AND OBSERVERS

Section 1

COSTS FOR WITNESSES AND OBSERVERS IN CIVIL AND ADMINISTRATIVE PROCEEDINGS

Article 51. Determination of costs for witnesses

Costs for witnesses summoned by the court include one or several of the following:

1. Remuneration costs, as prescribed in the List of litigation costs to this Ordinance;

2. Travel expenses;

3. Accommodation expenses;

4. Per diem allowances;

5. Other expenses.

Article 52. Obligation to make advance payment for witnesses

1. The person requesting the court to summon the witness shall make advance payment for the witness.

2. Such advance payment shall be equal to the total costs for the witness as specified in Article 51 of this Ordinance

Article 53. Procedures for making advance payment for witnesses

1. The person requesting the court to summon the witness shall provide information about the number of witnesses, their workplaces, places of residence and other necessary information for use as a basis for the court to determine the advance payment for the witnesses.

2. Within 5 working days from the receipt of the witness summon, the court shall determine the advance payment for witnesses and notify the requester to make advance payment to the court; such a notice must clearly specify the amount of money, deadline and method of payment.

3. Within 7 days from the date of receipt of the court's notice, the person requesting the court to summon the witness must make advance payment for the witness.

Article 54. Obligation to bear advance payment for witnesses

1. The obligation to bear advance payment for witnesses in settling a civil case or matter shall comply with Article 167 of the Civil Procedure Code.

2. The obligation to bear advance payment for witnesses in settling an administrative case shall comply with Article 368 of the Law on Administrative Procedures.

Article 55. Settlement of advance payment for witnesses

If the advance amount paid is insufficient to cover all witness costs, the person obligated to pay the witness costs shall pay the remaining shortfall. If the advance amount exceeds the actual costs paid for the witness, the surplus shall be refunded to the person who had made the payment.  If the person who had paid the advanced witness costs is not obligated to bear the costs under Article 54 of this Ordinance, he/she shall be refunded with the paid amount.

Section 2

COSTS FOR WITNESSES AND OBSERVERS IN CRIMINAL PROCEEDINGS

Article 56. Determination of costs for witnesses and observers

Costs for witnesses and observers summoned by the agency competent to conduct the proceedings include one or several of the following:

1. Remuneration costs, as prescribed in the List of litigation costs to this Ordinance;

2. Travel expenses;

3. Accommodation expenses;

4. Per diem allowances;

5. Other expenses.

Article 57. Responsibility for paying costs for witnesses and observers

The agency competent to conduct the proceedings that summoned the witnesses and observers shall pay costs for witnesses and observers.

Chapter VIII

COSTS FOR INTERPRETERS AND TRANSLATORS

Section 1

COSTS FOR INTERPRETERS AND TRANSLATORS IN CIVIL AND ADMINISTRATIVE PROCEEDINGS

Article 58. Determination of costs for interpreters

Costs for an interpreter include one or several of the following:

1. Remunerations;

2. Travel expenses;

3. Accommodation expenses;

4. Per diem allowances;

5. Other expenses.

Article 59. Remunerations for interpreters

1. The remuneration rate for interpreters providing oral interpretation or translating documents in foreign languages shall be determined in accordance with the translation rates prescribed by the laws on the regime for hosting foreign guests working in Vietnam, organizing international conferences and seminars in Vietnam, and hosting domestic guests.

2. The remuneration rate for interpreters providing oral interpretation or translating documents in ethnic minority languages shall be determined in accordance with the laws on ethnic minority interpretation rates, and translation rates for ethnic minority language documents used for legal dissemination and education, ensuring the work of legal dissemination and education.

3. The remuneration rate for interpreters assisting visually impaired persons, and persons with hearing or speech impairments, shall be determined in accordance with the rate specified for interpreters under Clause 2 of this Article.

Article 60. Obligation to bear costs for interpreters

1. The obligation to bear costs for interpreters in settling a civil case or matter shall comply with Clauses 1, 3 and 4 Article 168 of the Civil Procedure Code.

2. The obligation to bear costs for interpreters in settling an administrative case shall comply with Clauses 1, 3 and 4 Article 369 of the Law on Administrative Procedures.

Section 2

COSTS FOR INTERPRETERS AND TRANSLATORS IN CRIMINAL PROCEEDINGS

Article 61. Determination of costs for interpreters and translators

Costs for interpreters and translators shall be determined under Articles 58 and 59 of this Ordinance.

Article 62. Responsibility for paying costs for interpreters and translators

The agency competent to conduct the proceedings that requested the interpreters and translators shall pay costs for interpreters and translators.

Chapter IX

OVERSEAS JUDICIAL ENTRUSTMENT COSTS

Section 1

OVERSEAS JUDICIAL ENTRUSTMENT COSTS IN CIVIL AND ADMINISTRATIVE PROCEEDINGS UNDER THE LAW ON LEGAL ASSISTANCE

Article 63. Determination of overseas judicial entrustment costs

1. Overseas judicial entrustment costs include one or several of the following:

a) Translation, notarization, and certification of the judicial entrustment dossiers, as well as notification of the results provided by the entrusted country;

b) Expenses for service of overseas judicial entrustment;

c) Collection and provision of evidence abroad;

d) Other costs as prescribed by Vietnamese law and the laws of the relevant country (if any), in addition to the costs specified at Points a, b, and c of this Clause.

2. The determination of the costs specified in Clause 1 of this Article shall be carried out in accordance with the law on legal assistance.

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

1. Obligation to pay advance payments, obligation to bear costs, and settlement of advance payments for overseas judicial entrustment in civil proceedings shall comply with Articles 152, 153 and 154 of the Civil Procedure Code.

2. Obligation to pay advance payments, obligation to bear costs, and settlement of advance payments for overseas judicial entrustment in administrative proceedings shall comply with Articles 353, 354 and 355 of the Law on Administrative Procedures.

Section 2

OVERSEAS JUDICIAL ENTRUSTMENT COSTS IN CRIMINAL PROCEEDINGS UNDER THE LAW ON LEGAL ASSISTANCE

Article 65. Determination of overseas judicial entrustment costs

1. Overseas judicial entrustment costs include one or several of the following:

a) Costs for processing judicial entrustment dossiers;

b) Translation expenses;

c) Expenses for summoning witnesses and expert witness;

d) Expenses for service of overseas judicial entrustment;

dd) Expenses for delivery of legal assistance documents and dossiers abroad;

e) Expenses for collection and provision of evidence abroad;

g) Other legal assistance costs (if any) under Vietnamese laws and laws of relevant countries.

2. The determination of the costs specified in Clause 1 of this Article shall be carried out in accordance with the law on legal assistance.

Article 66. Responsibility for paying overseas judicial entrustment costs

1. Responsibility for paying overseas judicial entrustment costs shall comply with the law on legal assistance.

2. In case where Vietnam and the foreign country are members of a same treaty, the overseas judicial entrustment costs shall comply with such treaty.

3. In case where Vietnam and the foreign country are not members of a same treaty, the overseas judicial entrustment costs shall be paid on the principle of reciprocity.

Section 3

COSTS FOR SERVING OR NOTIFYING PROCEDURAL DOCUMENTS ABROAD IN CIVIL AND ADMINISTRATIVE PROCEEDINGS VIA OVERSEAS REPRESENTATIVE MISSIONS OF THE SOCIALIST REPUBLIC OF VIETNAM

Article 67. Determination of costs for serving or notifying procedural documents

Costs for serving or notifying procedural documents via Overseas Representative Missions of the Socialist Republic of Vietnam include one or several of the following:

1. Costs for duplicating procedural documents;

2. Domestic postal service fees;

3. Overseas postal service fees;

4. Translation expenses;

5. Certification expenses;

6. Other expenses.

Article 68. Obligation to pay advance payments, obligation to bear costs, and settlement of advance payments for serving or notifying procedural documents

1. Obligation to pay advance payments, obligation to bear costs, and settlement of advance payments for serving or notifying procedural documents abroad in civil proceedings shall comply with Articles 152, 153 and 154 of the Civil Procedure Code, except for the cases specified in Clause 3 of this Article.

2. Obligation to pay advance payments, obligation to bear costs, and settlement of advance payments for serving or notifying procedural documents abroad in administrative proceedings shall comply with Articles 353, 354 and 355 of the Law on Administrative Procedures.

3. The obligation to bear the costs of service and notification of procedural documents abroad concerning requests for recognition and enforcement or non-recognition in Vietnam of judgments and decisions of foreign courts and of awards of foreign arbitrators, shall comply with Clause 2 Article 430 of the Civil Procedure Code.

4. Overseas Representative Missions of the Socialist Republic of Vietnam that perform requests for serving or notifying the court's procedural documents may use regular funds to advance payment for overseas postal service fees.

5. The Supreme People’s Court shall assume the prime responsibility for, and coordinate with the Ministry of Foreign Affairs in, detailing procedures for collecting, paying, and handling advance payments and costs for serving and notifying procedural documents via the Overseas Representative Missions of the Socialist Republic of Vietnam.

Chapter X

COSTS FOR PARTICIPATION IN COURT HEARINGS AND MEETINGS IN RESOLUTION OF CASES AND MATTERS

Article 69. Determination of costs for participation in court hearings and meetings

1. Costs for participation in court hearings and meetings for property valuators, representatives of organizations performing expert assessment, persons performing expert assessment, interpreters, translators, and other participants in court hearings specified in Article 314 of the Criminal Procedure Code include one or several of the following:

a) Remuneration cost, as prescribed in the List of litigation costs to this Ordinance;

b) Travel expenses;

c) Accommodation expenses;

d) Per diem allowances.

dd) Other expenses.

2. Interpreters providing oral interpretation in civil proceedings and administrative proceedings who have already received interpretation remunerations in accordance with Articles 58 and 59 of this Ordinance shall not be entitled to the remuneration for participation in court hearings or meetings as prescribed in Clause 1 of this Article.

Article 70. Responsibility for paying costs for participation in court hearings and meetings

The court issuing decision to bring the case for trial or  to open a meeting to settle the civil matter shall pay costs for participation in the court hearings or meetings.

Chapter XI

FUNDINGS FOR LITIGATION COSTS

Article 71. Fundings

1. Fundings for litigation costs paid by agencies competent to conduct the proceedings and relevant agencies under this Ordinance shall be covered by the State budget in accordance with the law on the state budget and relevant laws.

2. Fundings for costs for assessors are allocated in the annual state budget estimates of the court in accordance with the law on the state budget.

Article 72. Estimates and payment of litigation costs

1. On an annual basis, agencies competent to conduct the proceedings and relevant agencies shall, based on actually paid litigation costs of the preceding year, make funding estimates for litigation costs to synthesize in to the state budget estimates of their levels, submit them to the competent state agencies in accordance with the law on the state budget.

2. The Government shall detail the order and procedures for making estimates and payment of litigation costs.

Chapter XII

IMPLEMENTATION PROVISIONS

Article 73. Effect

1. This Ordinance takes effect from July 1, 2025.

2. Ordinance No. 02/2012/UBTVQH13 on Assessment and Valuation Expenses and Expenses for Witness and Interpreter in Legal Procedures, ceases to be effective from the effective date of this Ordinance./.

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