Obligations to bear first-instance civil court fees in certain specific types of cases

Pursuant to Article 27 of Resolution No. 326/2016 on the collection, exemption, reduction, payment, management, and use of court fees and charges:

1. Disputes over recovery of lent property or property given for temporary use: The litigants shall bear first-instance civil court fees as in non-monetary disputes. Where, in addition to disputes over recovery of lent property or property given for temporary use, there are also claims for compensation for damage for the court to resolve, the litigants shall bear non-monetary court fees for the property recovery dispute, and value-based court fees for the claim for compensation for damage.

2. Disputes over ownership of property and disputes over land use rights:
   a) Where the court only considers ownership or land use rights, without determining the value of the property, the litigants shall bear first-instance civil court fees as in non-monetary disputes;
   b) Where the court must determine the value of property, or must determine ownership or land use rights by shares/portions, the litigants shall bear value-based court fees corresponding to the value of the portion they are entitled to.

3. Disputes over contracts for the sale of property or transfer of land use rights declared invalid:
   a) If one party requests recognition of the contract, while the other requests invalidation of the contract, without other claims:
   – If the court declares the contract invalid, the requesting party for contract recognition shall bear court fees as in non-monetary disputes.
   – If the court recognizes the contract, the requesting party for invalidation shall bear court fees as in non-monetary disputes.
   b) If, in addition to the above, a party also requests the court to resolve the consequences of the invalid contract, then apart from the non-monetary court fees under point (a) of this clause, the party obliged to perform property obligations or to compensate for damages shall also bear value-based court fees corresponding to the value of the obligations.

4. Disputes over contracts for the sale of property or transfer of land use rights involving deposits and penalties:
   Where one party requests the return of the deposit and a penalty, while the other agrees to return the deposit but does not accept the penalty:
   – If the court accepts the penalty, the party opposing it must bear value-based court fees for the penalty amount.
   – If the court does not accept the penalty, the requesting party must bear value-based court fees for the penalty amount.

5. Marriage and family cases:
   a) The plaintiff shall bear first-instance court fees in divorce cases, regardless of whether the court accepts the claim. In consensual divorces, each party shall bear 50% of the fee.
   b) Where there is a dispute over division of common property of spouses, apart from the fee under Point a, Clause 1, Article 24 of this Resolution, the parties must bear value-based court fees corresponding to the value of the disputed property each party receives.
   c) Where spouses claim that a third party must perform property obligations, and the court upholds the claim, the third party must bear value-based court fees for the property obligations. If spouses cannot agree on division and request the court to resolve, each must bear court fees corresponding to their portion.
   d) Where spouses agree on division of common property and request court recognition before conciliation, they shall not bear court fees for property division.
   đ) Where, after conciliation without agreement, but before trial, the spouses reach an agreement on property division and request court recognition, it is considered an agreement through conciliation, and they shall bear 50% of the court fees corresponding to the property value received.
   e) Where the parties agree on part of the common property and obligations, but not on all, they must still bear court fees as if for the entire property and obligations.

6. Cases related to alimony obligations:
   a) The obligor must bear non-monetary court fees, whether alimony is periodic or lump sum.
   b) Where parties agree on alimony amount and method before trial and request court recognition, the obligor shall bear 50% of the non-monetary fee; if agreement is reached at trial, the full non-monetary fee applies.
   c) If parties agree on the method (including lump sum) but not on the amount, the obligor bears the full non-monetary fee.
   d) If parties agree on the amount but not the method, the obligor bears the full non-monetary fee.
   đ) If there is a dispute over both amount and method, and the court decides, the obligor bears the full non-monetary fee.

7. Cases related to division of common property or inheritance:
   a) Where parties cannot determine or dispute the portion of property or inheritance, and request the court to divide, each shall bear value-based court fees corresponding to the portion received. For rejected claims, the requesting party shall not bear court fees. If the court determines that the property or inheritance requested for division does not belong to the requesting party, such party shall bear non-monetary court fees.
   b) Where division of common property or inheritance requires consideration of obligations to a third party:
   – Each party shall bear court fees on the net portion received after deducting obligations to the third party;
   –  The parties shall equally share court fees for the portion used to satisfy obligations to the third party;
   –  A third party with related rights/obligations, but without an independent claim, or whose claim is accepted, shall not bear court fees for property received;
   – A third party with an independent claim rejected by the court shall bear value-based court fees for the rejected portion.