In a Vietnamese civil or commercial case, the claimant pays an advance on the court fee when the case is accepted, and at the end the court decides who bears the fee, usually the losing party in proportion to the part of the claim lost. For money claims the fee is set on a sliding scale by the value in dispute; for claims without a money value it is a fixed amount. Lawyer fees are normally borne by each side, and costs such as expert assessment, valuation and translation come on top.
Foreign claimants are often surprised that the court fee itself is not the largest cost, and that recovering their own legal costs from the other side is the exception rather than the rule. This article explains the categories of cost, how the fee is calculated in principle, how the advance and refunds work, who can be exempted, and how to build a realistic budget. Fee rates are set by rules that can change, so the figures that apply to your case should be confirmed with the court or a licensed lawyer at the time you file.
The costs of a Vietnamese lawsuit at a glance
A case generates several kinds of cost. Some are paid to the court, some to third parties, and some to your own advisers. The table shows who usually pays first and who ends up bearing each one.
| Cost | Who usually pays first | Who bears it in the end |
|---|---|---|
| Court fee at first instance | The claimant, as an advance once the case is accepted; a counterclaiming defendant pays its own advance | Generally the losing party, in proportion to the part of the claim lost |
| Appeal fee | The appellant, as an advance when appealing | Depends on the appeal outcome |
| Expert assessment and valuation | The party requesting it, as an advance | Often the party whose position the result does not support, under the court's decision |
| Interpreting and translation | The party who needs it or submits the foreign document | Usually that party, unless the court allocates otherwise |
| Service of documents abroad | The party requesting service, through the procedure set by the authorities | Usually that party |
| Notarisation and legalisation | The party preparing the document | That party |
| Own lawyer's fees | Each party | Each party, except where a law or contract allows recovery |
| Enforcement costs | The judgment creditor or debtor, depending on the step | Largely the judgment debtor, under enforcement rules |
Treat this as a map, not a rulebook. The court's final decision on costs, and the detailed rules that apply to your type of case, decide the actual allocation.
How the court fee is calculated, in principle
Vietnamese court fees distinguish between cases with a monetary value and cases without one. When you ask for a sum of money or for property that can be valued, the fee depends on the value in dispute, using bands: a smaller value carries a fee fixed for that band, and larger values are charged a base amount plus a declining percentage of the excess. In very large commercial claims the fee therefore grows more slowly than the claim. When your request has no monetary value, for example a request to declare a contract void without consequences to unwind, a fixed fee applies.
Business and commercial disputes, civil disputes, labour disputes and family disputes each have their own fee schedule, and the scale for commercial disputes is not identical to that for civil disputes. Appeals carry a fixed appeal fee, which is modest compared with first-instance fees in large money claims.
The advance you pay when the case is accepted is calculated from the value you claim. A defendant who files a counterclaim, and a person with related rights who makes an independent claim, pay their own advances on the same principle.
The current schedule is set by a resolution of the National Assembly Standing Committee on court fees and charges, and amendments are possible. Rather than relying on a figure from an old article, ask the court's reception desk or your lawyer to calculate the advance and the potential final fee for your exact claim value. If your claim is in a foreign currency, ask how the court will convert it for fee purposes.
The advance, the final decision and refunds
The advance is a condition of acceptance. After reviewing your statement, the court issues a notice of the advance amount. You pay it within the time stated and hand in the receipt; only then is the case formally accepted. Missing the deadline without a valid reason can lead the court to return the claim.
The judgment decides the final allocation. At the end of the case the court states who bears the court fee. If you win fully, your advance is returned and the defendant bears the fee. If you win partly, the fee is divided according to the parts won and lost.
Settlement usually lightens the burden. When the parties settle during the preparation phase, the rules generally reduce the fee they must bear compared with a contested hearing. This is one practical reason why conciliation deserves real attention.
Withdrawal and absence have different consequences. If the case ends because you withdraw the claim, or because you fail to attend after being properly summoned and are treated as having abandoned the claim, the treatment of your advance differs. Absence without a valid reason can cost you the advance, so never simply stop turning up.
Keep every receipt. Advances are paid to the civil judgment enforcement agency and refunded through it. Without the receipts, recovering a refund becomes unnecessarily slow.
Exemptions and reductions
The court fee rules exempt certain groups and certain types of claim from paying fees or advances, and allow reductions in others. The policy behind them is access to justice for people in a weak position. Categories typically include employees claiming unpaid wages, social insurance, compensation for occupational accidents or unlawful dismissal; people claiming maintenance; and people who are poor or near-poor under official criteria, among others. A foreign individual can benefit from an exemption if they fall within a category; nationality is not in itself a barrier.
Exemptions are not automatic. The party must apply, usually when filing, and provide documents showing that it qualifies. The court then decides. A foreign employee suing a Vietnamese employer over unpaid salary, for example, should raise the exemption question at the start rather than paying an advance and hoping for a refund later.
Companies rarely qualify for fee exemptions in commercial disputes. For them, the realistic way to reduce court fees is to keep the claim accurate, without inflated heads of damage that increase the advance but are unlikely to succeed, and to settle when a reasonable offer is on the table.
Exemption categories and their conditions are set in the fee rules and can change, so check the current list and evidence requirements with the court or a licensed lawyer before relying on one.
Lawyer fees and recovering your own costs
The general rule in Vietnam is that each party pays its own lawyer. Unlike in jurisdictions where the loser routinely pays the winner's legal costs, a Vietnamese judgment usually allocates the court fee and certain procedural costs, but not the winning party's lawyer fees. This shapes the economics of litigation: a claim worth less than the legal work required to pursue it may not make sense to bring, even if you are confident of winning.
There are exceptions. In intellectual property disputes, the law allows the successful rights holder to claim reasonable lawyer fees as part of its loss. Some contracts include a clause under which the breaching party bears the other side's legal costs, and courts may consider such clauses, although the outcome depends on how the clause is drafted and proven. In consumer and certain other cases, special rules may apply.
If you want to claim legal costs, include them as a specific request in your statement of claim, with the engagement letter and invoices as evidence, and be prepared for the court to examine whether the amount is reasonable.
Lawyers in Vietnam structure fees in different ways: hourly rates, fixed fees per stage, or a combination, sometimes with a success component within the limits of professional rules. Ask for the structure in writing at the outset, with an estimate per stage, so that you can compare it with the value of the claim.
Building a realistic litigation budget
Before deciding to sue, build a budget that covers the whole journey, not just filing. Work through these steps with your lawyer.
- Fix the claim value you will actually pursue, with principal, interest, penalties and damages calculated separately.
- Ask the court or your lawyer to calculate the advance on the court fee and the final fee if you lose part or all of the claim.
- List third-party costs: translations, legalisation of foreign documents, expert assessment or valuation, a bailiff's record of facts, interpreters for hearings, and service abroad if the defendant has no Vietnamese address.
- Get a written fee estimate from your lawyer for each stage: drafting and filing, preparation and conciliation, the first-instance hearing, a possible appeal, and enforcement.
- Add travel costs if you or your witnesses may need to attend in person.
- Estimate how long your money will be tied up, including the time before an advance is refunded or a judgment is enforced.
- Compare the total with a realistic recovery after enforcement, not with the face value of the claim, and decide what settlement figure would be better than going on.
A budget like this is also a negotiating tool. Knowing your own break-even point lets you assess settlement offers calmly rather than under pressure at a hearing.
When you need a Vietnamese lawyer
Costs questions are a good test of whether litigation makes sense at all, and a licensed lawyer can answer them far more precisely than any general guide. Ask for a fee calculation based on the current schedule and your exact claim, an assessment of which costs might be shifted to the other side, and a view on whether any exemption applies to you.
You should also take advice before you inflate a claim. Adding heads of damage that are hard to prove raises the advance, and the part you lose counts against you when the court allocates the final fee. A lawyer can help you separate the strong elements of the claim from the speculative ones.
Finally, ask your lawyer to explain the enforcement stage and its costs before you file, because a judgment that cannot be collected turns every other cost into a loss. If you only want to sense-check a cost estimate, you can ask a lawyer on AI Co Van to explain the main cost items for your type of case in general terms.
Frequently asked questions
How much does it cost to file a lawsuit in Vietnam?
There is no single figure. The court fee depends on the type of dispute and, for money claims, on the value in dispute under a sliding scale. On top of that come translation, legalisation, expert and lawyer costs. Ask the court or a licensed lawyer to calculate the advance for your exact claim.
Do I get the court fee back if I win?
If you win fully, the advance you paid is returned and the losing party bears the court fee. If you win only part of the claim, the fee is divided according to the parts won and lost, so part of your advance may be kept to cover your share.
Can I make the other side pay my lawyer?
Usually not. Each party normally bears its own lawyer fees. Exceptions exist, for example in intellectual property disputes and where a contract clause provides for it, but you must request these costs specifically and prove that they are reasonable.
Are foreigners charged higher court fees?
No. The fee schedule depends on the type and value of the claim, not on the nationality of the parties. Foreign parties do, however, tend to incur higher related costs, such as translation, legalisation of documents and service abroad, which should be included in the budget.
Is a foreign employee exempt from court fees in a salary dispute?
Employees claiming unpaid wages and certain other employment entitlements fall into categories that the fee rules exempt, and nationality does not exclude a foreigner from that. The exemption must be requested with supporting documents, so raise it when filing and confirm the current conditions.
What happens to my advance if I stop attending?
If you fail to attend after being properly summoned and the court treats your claim as abandoned, you may lose the advance. Withdrawing the claim is treated differently. If you can no longer continue, speak to the court or your lawyer rather than simply staying away.