Regulations on payment of litigation costs
The Decree details the procedures for advance payment and payment of litigation costs between competent agencies conducting litigation and agencies, organizations and individuals conducting litigation activities, including: Costs for on-site examination and appraisal; costs for asset valuation; appraisal costs; costs for jurors; costs for lawyers, legal assistants, and people's defenders in cases where defense counsels are appointed in criminal proceedings; costs for witnesses, witnesses, interpreters, and translators; costs for judicial entrustment abroad; costs for participation in plenary sessions and meetings to resolve cases and lawsuits.
Procedures for payment of on-site review and appraisal costs; on-site review costs
The Decree stipulates that after completing the on-site review and appraisal, the person invited to participate in the on-site review and appraisal, the person invited to participate in the on-site review, the person conducting the on-site review shall send 01 set of payment request documents to the competent authority conducting the proceedings by one of the following forms: via postal service, directly submitted or online in the electronic environment if meeting the conditions on infrastructure and technology.
The dossier requesting payment of expenses for the person invited to participate in on-site review and appraisal, the person invited to participate in on-site review, and the person conducting on-site review includes:
- Payment request form according to Form No. 01 issued with this Decree.
- Documents attached to the payment request are originals of relevant legal invoices and vouchers to prove the necessary and reasonable expenses incurred when invited to participate in on-site review, appraisal, on-site review or when conducting on-site review.
In case the payment request dossier is not complete as prescribed, within 03 days from the date of receipt of the dossier, the competent authority conducting the proceedings must notify the person requesting payment and clearly state the reasons for supplementing the dossier as prescribed. Within 10 days from the date of receipt of the complete and valid dossier, the competent authority conducting the proceedings shall make the payment of the costs.
The competent authority conducting the proceedings shall pay the service fees and other fees (if any) according to the contract, invoice, and service receipt as prescribed by law.
Procedures for advance payment and payment of property valuation costs
According to regulations, in case of a need to advance the cost of asset valuation, within 05 working days from the date of receiving the request for asset valuation from the competent authority conducting the proceedings, the Asset Valuation Council shall send 01 set of documents requesting advance payment to the competent authority conducting the proceedings by one of the following forms: via postal service, directly submitted or online in the electronic environment if meeting the conditions on infrastructure and technology for making advance payment procedures.
The application for advance payment of asset valuation costs includes:
- Request for advance payment of asset valuation costs according to Form No. 02 issued with this Decree.
- Table of calculation of total cost of asset valuation and basis for calculating cost of asset valuation.
Within 10 days from the date of receipt of the complete application for advance payment from the Property Valuation Council, the competent authority conducting the proceedings shall be responsible for making the advance payment. The maximum advance payment shall not exceed the cost of property valuation calculated by the Property Valuation Council and submitted in the application for advance payment as prescribed.
Within 10 days from the date of valuation results, the Asset Valuation Council shall send 01 set of documents requesting payment of valuation costs to the competent authority conducting the proceedings by one of the following methods: via postal service, directly submitted or online in the electronic environment if meeting the infrastructure and technical conditions for payment procedures.
The application for payment of valuation costs includes:
- Payment request form according to Form No. 01 issued with this Decree.
- Documents attached to the Payment Request are the valuation request document; originals of invoices and related legal documents to prove the necessary expenses, consistent with the expenses determined in Articles 21, 22, 23 and 24 of the Ordinance on Litigation Expenses arising during the valuation process.
In case the dossier requesting payment of valuation costs is not complete or valid, within 03 days from the date of receiving the dossier, the competent authority conducting the proceedings must notify the Asset Valuation Council and clearly state the reasons for supplementing the dossier according to regulations.
Within 10 days from the date of receipt of a complete and valid request for payment of valuation costs, the competent authority shall conduct proceedings to pay the costs to the Property Valuation Council according to regulations.
In case the advance payment for valuation costs has not covered the costs, the competent authority conducting the proceedings shall pay the remaining amount.
In case the advance payment exceeds the valuation cost, the Asset Valuation Council must refund the difference within a maximum of 02 working days from the date of submission of the dossier requesting payment of valuation costs.
Procedures for advance payment and payment of appraisal costs
Procedure for advance payment of appraisal costs:
- In civil and administrative proceedings: Procedures for advance payment of appraisal costs are implemented according to the provisions of Article 38 of the Ordinance on Litigation Costs.
- In criminal proceedings: Procedures for advance payment of appraisal costs are implemented according to the provisions of Article 44 of the Ordinance on Procedural Costs.
Within 05 working days from the date of receipt of the decision to request an appraisal from the competent authority conducting the proceedings, the organization or individual conducting the appraisal shall send 01 set of documents requesting an advance payment of appraisal costs to the competent authority conducting the proceedings by one of the following methods: via postal service, in person or online in the electronic environment if meeting the infrastructure and technical conditions for making the advance payment procedure.
The application for advance payment of appraisal costs includes: Application for advance payment according to Form No. 02 issued with this Decree; Table of calculation of total appraisal costs and basis for calculating appraisal costs.
Deadline for payment and advance payment for appraisal costs
In civil and administrative proceedings: The deadline for payment of advance payment for appraisal costs is implemented according to the provisions of Article 38 of the Ordinance on Litigation Costs.
In criminal proceedings: The deadline for payment of advance payment for appraisal costs shall be in accordance with the advance payment request notice of the organization or person performing the appraisal as prescribed in Clause 2, Article 44 of the Ordinance on Procedural Costs.
The maximum advance payment shall not exceed the appraisal cost calculated by the appraisal organization or individual and submitted in the advance payment request file as prescribed in Clause 2 of this Article.
Within 10 days from the date of appraisal results, the organization or individual conducting the appraisal shall send 01 set of documents requesting payment of appraisal costs to the competent authority conducting the proceedings by one of the following methods: via postal service, directly submitted or online in the electronic environment if meeting the infrastructure and technical conditions for payment procedures.
The dossier requesting payment of appraisal costs includes: Payment request form according to Form No. 01 issued with this Decree; documents attached to the Payment request form are originals of relevant legal invoices and vouchers to prove the necessary and reasonable expenses incurred during the appraisal process.
The Decree clearly states: In case the dossier requesting payment of appraisal costs is not complete or valid, within 03 days from the date of receiving the dossier, the competent authority conducting the proceedings must notify the organization or individual requesting payment and clearly state the reason for supplementing the dossier according to regulations.
Within 10 days from the date of receipt of a complete and valid application for payment of appraisal costs, the competent authority shall conduct proceedings to pay the costs to the organization or individual performing the appraisal according to regulations.
In case the advance payment for appraisal costs has not covered the costs, the competent authority conducting the proceedings shall pay the remaining amount.
In case the advance payment exceeds the appraisal cost, the organization or individual performing the appraisal must refund the difference within a maximum of 02 working days from the date of submitting the application for payment of appraisal costs.
Payment of fees for lawyers, legal assistants, and public defenders
The Decree stipulates the procedures for payment of fees for lawyers and legal aid officers in cases where a defense attorney is appointed in accordance with the provisions of law on lawyers and legal aid.
The procedure for payment of expenses for people's defenders in case of appointing a defender is carried out as follows:
The application for payment of expenses for a people's defender includes:
- Payment request form according to Form No. 01 issued with this Decree.
- Documents attached to the Payment Request are the list of working hours of the people's defender, certified by the competent authority conducting the proceedings and the person conducting the proceedings; originals of invoices and related legal documents to prove the necessary and reasonable expenses incurred as prescribed in points b, c, d and dd, Clause 2, Article 49 of the Ordinance on Litigation Costs.
After completing each stage of the proceedings (investigation, prosecution, trial), the people's defender sends a request for payment to the competent authority conducting the proceedings, requesting the appointment of a defender as a people's defender in one of the following forms: via postal service, in person or online in the electronic environment if meeting the infrastructure and technical conditions for payment procedures.
In case the dossier requesting payment of expenses for the people's defender is not complete or valid, within 03 days from the date of receiving the dossier, the competent authority conducting the proceedings must notify the people's defender and clearly state the reasons for supplementing the dossier according to regulations.
Within 10 days from the date of receipt of a complete and valid application for payment of costs to the people's defender, the competent authority shall conduct the proceedings to pay the costs to the people's defender according to regulations.
Payment of expenses for witnesses, witnesses, interpreters, translators
The Decree stipulates that after completing the work of witnessing, witnessing, interpreting, translating, the witness, witness, interpreter, and translator shall send the Payment Request File to the competent authority conducting the proceedings in one of the following forms: via postal service, directly submitted or online in the electronic environment if meeting the infrastructure and technical conditions for payment procedures.
The application for payment of expenses for witnesses, eyewitnesses, interpreters and translators includes:
- Request for payment of expenses for witnesses, eyewitnesses, interpreters, and translators according to Form No. 01 issued with this Decree.
- Documents attached to the Payment Request are originals of relevant legal invoices and vouchers to prove the necessary and reasonable expenses incurred by the witness, interpreter, translator when coming to testify, witness, interpret, or translate according to regulations.
In case the dossier requesting payment of expenses for witnesses, witnesses, interpreters, and translators is not complete or valid, within 03 days from the date of receiving the dossier, the competent authority conducting the proceedings must notify the witnesses, witnesses, interpreters, and translators and clearly state the reasons for supplementing the dossier according to regulations.
Within 10 days from the date of receipt of a complete and valid request for payment, the competent authority shall pay the costs to the witness, eyewitness, interpreter, and translator.
Decree No. 204/2025/ND-CP takes effect from July 11, 2025.
Phuong Nhi
Source: https://baochinhphu.vn/quy-dinh-ve-thanh-toan-kinh-phi-chi-tra-chi-phi-to-tung-102250714123712435.htm
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