Is Property Valuation Required in Divorce and Who Bears the Cost According to Vietnamese Law?
1. Is property valuation required when getting divorced in Vietnam?
Yes. When spouses cannot mutually agree on the value of joint property or wish to request the court’s intervention for property division, Vietnamese law requires the property to be valued. This ensures fairness, transparency, and a clear legal basis when the court divides joint assets.
2. Who bears the cost of property valuation, and how is the court fee calculated?
a. Property valuation costs (advance and final settlement)
According to the 2015 Civil Procedure Code, the party requesting valuation must advance the cost. If both parties make the request, each pays 50%. After the valuation is completed, the cost is allocated based on the proportion of property each party receives; the party receiving more pays more.
b. Court fees
No value-based dispute (divorce with asset agreement): 300,000 VND.
Value-based dispute (joint property involved):
≤ 6 million VND: 300,000 VND
6–400 million VND: 5% of disputed property value
400–800 million VND: 20 million + 4% of the excess
800 million–2 billion VND: 36 million + 3% of the excess
2–4 billion VND: 72 million + 2% of the excess
4 billion VND: 112 million + 0.1% of the excess over 4 billion
In unilateral divorce cases, the petitioner bears all court fees. In mutual consent divorces, each party pays half the court fee, even if there is a property dispute.
Real-life Scenario
Case of Mr. Nam and Ms. Linh in Vietnam
Mr. Nam filed for unilateral divorce and requested the court to value their jointly owned house worth about 5 billion VND. Ms. Linh did not agree with the valuation previously proposed by both parties.
Legal process and consequences:
The court required Mr. Nam to advance the valuation fee (approx. 1 million VND).
The court appointed a valuation firm to issue a certified report.
Court fee: 20 million + 4% × (5 billion – 400 million) = 20 million + 184 million = 204 million VND. Mr. Nam paid the entire fee due to initiating the unilateral divorce and the existence of a property dispute.
Once the court decided the division (e.g., 60% to Ms. Linh, 40% to Mr. Nam), the valuation fee was allocated accordingly.
4. Advice & Recommendations from Dedica
Negotiate before going to court: In mutual consent cases, agree on asset values in advance and document them in court to reduce court and valuation fees.
Choose a reputable valuation firm in Vietnam: If valuation is necessary, select certified and experienced companies such as Hanoi Valuation or Sunvalue to ensure legal validity and transparency.
Plan for costs: For high-value assets, clarify in advance who will bear the valuation and court fees to avoid financial risk.
Engage a lawyer: Dedica recommends having legal counsel to:
Advise on reaching mutual agreements;
Oversee the valuation process;
Optimize court fees by handling submissions accurately and timely.
Conclusion & Call to Action
In Vietnam, if there is a dispute over assets during divorce, valuation is mandatory for fair division.
Valuation fees are paid by the requesting party or split equally if both request it.
Court fees depend on the asset value; the petitioner in a unilateral divorce bears all, while mutual divorce cases split fees evenly.
Dedica Law Firm is always ready to assist, from negotiation and valuation to court representation, helping you save time and money while ensuring your legal rights.
Contact DEDICA today for:
Advice on court and valuation costs
Strategy for mutual or unilateral divorce
Legal representation in negotiations and in court proceedings
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