If involved parties request property valuation but are not accepted by the Court, who will bear property valuation expenses in Vietnam?

If involved parties request property valuation but are not accepted by the Court, who will bear property valuation expenses in Vietnam?

In Article 165 of the Civil Procedure Code 2015 stipulates obligation to bear property valuation/price appraisal expenses, according to which:

In cases where the parties do not otherwise agree or the law does not otherwise prescribe, the obligation to bear property valuation/price appraisal expenses shall be determined as follows:

1. Involved parties must bear the property valuation expenses if their requests are not accepted by the Courts;

2. In case where the Court is requested to divide a common property, each person who has received a share from such property must bear the property valuation expense amount proportionate to the value of the property share he/she has received;

3. In cases where the Courts issue decisions on property valuation prescribed in point c clause 3 Article 104 of this Code, the obligation to bear the property valuation expenses shall be determined as follows:

a) Involved parties must bear the property valuation expenses prescribed in clause 1 of this Article if the valuation results prove that the property valuation decisions of the Courts are well-grounded;

b) The Courts shall pay the property valuation expenses if the valuation results prove that the property valuation decisions of the Courts are groundless.

4. For termination of case resolution specified in point c clause 1 Article 217 and point b clause 1 Article 299 of this Code, if the Evaluation Boards have conducted the valuation, the plaintiffs must bear the property valuation expenses.

For cases where the appellate trial is terminated as prescribed in point b clause 1 Article 289 and clause 3 Article 296 of this Code, if the Evaluation Boards have conducted the valuation, the appellants under appellate procedure must bear the property valuation expenses;

5. For other termination of case resolution as prescribed in this Code, if the Evaluation Boards have conducted the valuation, the requesters for property valuation must bear the property valuation expenses;

6. The obligation to bear the property valuation expenses of involved parties shall be in accordance with the obligation to bear the property valuation expenses specified in clauses 1, 2, 4 and 5 of this Article.

With this provision, when you have a request for property valuation but it is not accepted by the Court, then the person who bears the property valuation expenses in Vietnam will be you.

If plaintiffs fail to advance the charges for property price appraisal, will lawsuits be terminated in Vietnam?

According to Clause 1, Article 217 of the 2015 Civil Procedure Code, there are provisions:

1. After accepting cases which fall within their respective jurisdiction, the Courts shall issue decisions to terminate the resolution of the civil lawsuits in the following circumstances:

a) The plaintiffs or defendants being individuals have died while their rights and obligations are not inherited;

b) Agencies or organizations have been dissolved or are bankrupt without any agencies, organizations or individuals inheriting their procedural rights and obligations;

c) The litigators withdraw all petitions for initiation of lawsuits or the plaintiffs are absent though having been duly summoned twice, unless they apply for trials in their absence or a force majeure event or an objective obstacle occurs;

d) The Courts have issued decisions to open bankruptcy procedures for enterprises or cooperatives being a party to the cases and the resolution of such cases is related to the obligations and property of such enterprises or cooperatives;

dd) plaintiffs fail to advance the charges for property price appraisal and other procedural charges prescribed in the Code.

If the defendants with counter-claims or persons with relevant interests and duties with independent claims fail to advance the property price appraisal and other procedural charges as prescribed in this Code, the Courts shall terminate the resolution of counter-claims or the independent claims of the persons with relevant interests and duties;

e) The involved parties have requested to apply the statute of limitations before the first-instance Courts issue the judgments/decisions on case resolution and the statute of limitations for lawsuit initiation expire;

g) Cases prescribed in clause 1 Article 192 of this Code that have been accepted by the Courts;

h) Other circumstances prescribed by law.

Accordind to this Article, if you do not advance the charges for property price appraisal, this can be considered as a reason for the court to terminate the settlement of the case in Vietnam.

What is handling of valuation expense advances in Vietnam?

Pursuant to Article 166 of the 2015 Civil Procedure Code stipulating handling of valuation expense advances, according to which:

1. In cases where the persons who have advanced property valuation expenses do not have to pay the valuation expenses, the persons who must pay the valuation expenses under Court decisions must refund the money to the persons who have paid them.

2. In cases where the persons who have advanced the property valuation expenses are obliged to pay them, but the advanced amounts are not enough to cover the actual valuation expenses, such persons must pay the deficits. If the advanced sums exceed the actual valuation expenses, the surpluses shall be refunded to the persons who have advanced the money.

Thus, the valuation expense advances shall be handled in accordance with the above provisions of the law in Vietnam.

Best Regards!