Thursday February 28, 2019 at 7:00 p.m. (GMT + 7)
Only with the "floating party" disputed in the Court, in accordance with the preliminary calculations, the amount of legal fees that Mr. Dang Le Nguyen Vu and Mrs. Le Hoang Diep Thao have to pay can reach more than VND 8.4 billion.
The level of judicial fee of the first instance is stipulated in Resolution N ° 326/2016 / UBTVQH14 of December 30, 2016 of the Standing Committee of the National Assembly on the types of collection, exemption, reduction, collection, remission, management and use of fees and judicial fees (Resolution 326).
Consequently, for property disputes in civil cases with a value of disputed assets of more than 4 billion VND, each party will have to pay judicial fees of VND 112 million + 0.1% of the value The claimed asset has exceeded the 4,000 million VND.
At the trial, the divorce between the chairman of the Trung Nguyen Legend Group Dang Le Nguyen Vu and Mrs. Le Hoang Diep Thao, the side of Mr. Vu gave the total value of the assets disputed on VND 8,379 million, including real estate. real, effective, gold, stocks.
In what, the most common common asset is common shares in the system of 7 Trung Nguyen Group companies, including: Trung Nguyen Investment JSC, Trung Nguyen Group Joint Stock Company, Trung Nguyen Coffee Joint Stock Company, Cong. Trung Nguyen Joint Stock Company, Trung Nguyen Joint Stock Company, Dang Le Tourist Company Limited, Dak Nong Company Limited.
Based on the valuation results of the asset valuation company, the court requested the shares in the amount of 5,654 million pesetas.
Disposals in judicial costs of the first instance according to the appendix of Resolution of the National Assembly 326.
As established in previous Resolution 326, Mr. Dang Le Nguyen Vu and Mrs. Le Hoang Diep Thao will have to pay the judicial fee for the first instance of divorce according to the formula: 112 million VND + 0.1% of VND 8.375 million (of which VND 8.375 million is the result of VND 8.379 million – VND 4 thousand millions).
A very interesting situation when discussing in court about common property, Mr. Vu Prim Mrs. Thao used control power and dominated many things in the company. The number of assets in the bank that will be included in the file for the division in the case of divorce is only "superficial".
However, only with the "floating party" disputed in the Court, according to the preliminary calculation, the amount of legal fees that Mr. Dang Le Nguyen Vu and Mrs. Le Hoang Diep Thao have to pay can amount to more than 8,400 million. copper
The relationship between the couple and Trung Nguyen Coffee boss will soon be closed.
According to lawyer Dang Van Cuong – Head of the Chinh Phap Law Office, Ho Chi Minh City Bar Association. Hanoi – in principle, the division of property after divorce is only established when the two sides continue to sue the divorce and the court accepts divorce.
If both parties no longer require divorce or the court does not accept a divorce, the division of the property will not be established more or the court may also resolve a divorce and the property problem will be separated. resolve in another case …
Therefore, the Court always encourages the parties to agree on the division of assets, if they can not reach an agreement, the court will resolve.
In accordance with the Marriage and Family Law 2014, the division of assets must guarantee the following criteria: Worthy of the effort in creating, maintaining and developing assets; Ensure production, business, workers' lives, shareholder rights, partners and social benefits, guaranteeing their legitimate and legitimate interests.
"To reach a property agreement, each party must suffer a bit to negotiate. For litigants in this case, some hundreds of millions of people with them are not too big. Therefore, it is difficult to negotiate with each other, it is difficult to reach The agreement was taken by Mr Vu and Mrs. Thao, if two people did not deliver, they had to wait for the Court's trial, "said the lawyer. Dang Van Cuong.
According to the plan, on the afternoon of March 1, 2019, the People's Court of the city of Ho Chi Minh will announce the final verdict on the divorce of Mr. Dang Le Nguyen Vu and Mrs. Le Hoang Diep Thao, closing the extension of 3 years with disputes and peace. prize without success