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Divorce Fee in Vietnam
Navigating the decision to end a marriage in Vietnam brings the divorce fee to the forefront of many people’s concerns. Beyond the intricate legal procedures, the process entails a range of expenses, encompassing court fees, lawyer fees, and the financial implications of dividing property and arranging child custody.
Understanding Divorce Fee in Vietnam
The divorce process in Vietnam involves several stages and can take a significant amount of time to finalize. To legally dissolve a marriage, individuals should anticipate the following potential expenses:
Divorce Application Fees:
Whether purchasing a standard form or engaging a service to draft the divorce petition, a fee may be incurred for preparing the initial documents.
Notarization and Authentication Costs:
Official notarization or authentication of divorce-related documents will involve associated fees.
Document Retrieval Fees:
If necessary to obtain copies of marriage certificates or other legal documents due to loss or withholding, fees for retrieval may apply.
Document Submission Costs:
Expenses for either personal travel to the court to submit divorce papers or for sending them via postal services should be considered.
Court Fees (Unilateral vs. Mutual Divorce):
The applicable court fees will vary depending on whether the divorce is initiated by one party (unilateral) or agreed upon by both (mutual).
Judicial Authorization Fees (International Cases):
Divorce cases involving foreign nationals or international elements may incur specific judicial authorization fees.
Property Appraisal and Expert Fees:
In the event of property disputes, costs for professional property valuation or expert opinions may be necessary.
Travel, Accommodation, and Related Expenses:
Attending court hearings or fulfilling other procedural requirements may involve additional travel and accommodation costs.
Attorney Fees:
Engaging a lawyer for legal advice or representation throughout the divorce proceedings will incur professional fees.
These represent some of the key costs that can arise during a divorce in Vietnam. Budgeting for these potential expenses is crucial for navigating the legal process smoothly and efficiently.
Responsibility for Divorce Fee Payment in Vietnam
In Vietnam, the responsibility for covering divorce expenses varies based on the type of divorce and any agreements between the divorcing parties.
- Mutual Consent Divorce:
When both spouses mutually agree to end their marriage, they have the flexibility to decide how the divorce fees will be covered. They can agree on one party paying, or they can choose to split the costs equally. Typically, this arrangement is made privately between them. If no specific agreement is reached, the standard practice is for both parties to share the expenses equally.
- Unilateral Divorce:
In situations where one spouse initiates the divorce proceedings (unilateral divorce), the filing party is initially responsible for paying the court fees. However, during the subsequent trial, the court has the authority to review and determine the final allocation of these costs, taking into account the case’s outcome. Notably, if one party is found to be at fault for the breakdown of the marriage, the court may order that party to bear all or a portion of the divorce expenses.
Furthermore, if the divorce involves property division or other disputes requiring judicial resolution, the allocation of associated costs will be determined by the court’s decision, considering the complexity of the dispute and the final judgment.
Calculating the Divorce Court Fee in Vietnam
The calculation of divorce court fees in Vietnam is governed by Resolution No. 326/2016/UBTVQH14 of the Standing Committee of the National Assembly, which applies to both mutual and unilateral divorce cases. Here’s a breakdown of how these fees are determined:
- Divorce Court Fee Without Asset Disputes:
For divorce cases, whether by mutual consent or initiated unilaterally, that do not involve any disputes regarding assets, a fixed first-instance court fee of 300,000 VND is applied.
- Divorce Court Fee with Asset Disputes:
When a divorce case includes disputes over assets that require court intervention for resolution, the court fees are calculated proportionally based on the value of the disputed assets, as follows:
(Detailed fee structure based on asset value would be specified here if available.)
Value of the disputed assets | Court fees |
Assets valued at less than 6 million VND | Free |
Assets valued from 6 million to 400 million VND | 5% value of assets |
Assets valued from 400 million to 800 million VND | 20 million + 4% of the value exceeding 400 million |
Assets valued from 800 million to 1 billion VND | 36 million + 3% of the value exceeding 800 million |
Assets valued from 2 billion to 4 billion VND | 72 million + 2% of the value exceeding 2 billion |
Assets valued over 4 billion VND | 112 million + 0.1% of the value exceeding 4 billion |
Important Note:
It’s crucial to understand that the aforementioned court fees do not encompass other potential expenses that may arise during the divorce process. These additional costs, such as fees for property appraisal, asset evaluation, or lawyer’s services, will be the responsibility of the respective parties.
Therefore, the total financial outlay for court-related expenses will ultimately depend on whether there are disputes concerning property and the assessed value of those assets.
- Appeal Court Fees
Following the issuance of the initial divorce judgment, any party, including the prosecutor, who disagrees with the first-instance court’s decision has the right to file an appeal or request a review by the appellate court for reconsideration of the case. If the appeal is ultimately unsuccessful, the appellant will be obligated to pay appeal court fees, which are set at 300,000 VND.
Divorce Lawyer Fees in Vietnam
The cost of hiring a divorce lawyer in Vietnam varies depending on the complexity of the case and the services required. At thele.blog law firm, attorney fees are agreed upon between the client and the firm for specific tasks, including:
- Consultation on divorce documents and procedures.
- In-office divorce lawyer consultation.
- Provision of divorce petition forms (for both unilateral and mutual divorce) along with instructions for completion and other necessary documents.
- Service fee for the preparation of comprehensive divorce documents.
- Fee for accepting power of attorney to manage the divorce case.
- Expedited service fee for mutual consent divorce.
- Expedited service fee for unilateral divorce.
- Divorce lawyer service fees for special circumstances, such as divorce involving an incarcerated person, someone undergoing rehabilitation, unknown residence addresses, missing documents, child custody disputes, or asset division.
- Fee for preparing an appeal petition against a divorce judgment.
- Support services for the appeal process and the enforcement of the divorce judgment.
The specific fee for each of these services will be determined through mutual agreement between the client and thele.blog law firm.
To learn more about divorce proceedings, study the article “Vietnam divorce procedure“.
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