Vietnam: What are cases eligible for remission of court cost and fee advances and court costs and fees? What does the application for remission of court cost and fee advances and court costs and fees include?
- What are cases eligible for partial remission of court cost and fee advances and court costs and fees in Vietnam?
- What are cases eligible for full remission of court cost and fee advances and court costs and fees in Vietnam?
- What are the regulations on the application for remission of court cost and fee advances and court costs and fees in Vietnam?
What are cases eligible for partial remission of court cost and fee advances and court costs and fees in Vietnam?
Partial remission of court cost and fee advances and court costs and fees is mentioned in Article 13 of Resolution 326/2016/UBTVQH14 as follows:
Partial remission of court cost and fee advances and court costs and fees
1. Persons who witness force majeure events that make them unable to pay for court cost and fee advances and court costs and fees as confirmed by the People’s Committee of their commune shall be approved to have a partial remission of 50% of the payment thereof.
2. Persons mentioned in clause 1 of this Article shall be subject to the whole court costs and fees if they:
c. Can prove that the persons getting the partial remission of court cost and fee advances and court costs and fees are not those who witness the force majeure events that make them having no properties to pay for the sums thereof.
b. Have properties which are used to pay for the whole court costs and fees that they have to bear according to the effective judgments and/or rulings of the Court.
3. If the parties agree that one party shall be subject to the full court cost or a partial court cost but this party is eligible for the partial remission thereof, the court shall only consider approving the partial remission of 50% of the court cost to which such party is subject as specified in the regulations hereof.
They shall not get a partial remission for the court costs and fees of another person who they help to pay.
Thus, persons who witness force majeure events that make them unable to pay for court cost and fee advances and court costs and fees as confirmed by the People’s Committee of their commune shall:
- Be approved to have a partial remission of 50% of court cost and fee advances and court costs and fees.
- However, they shall be subject to the whole court costs and fees if they:
+ Can prove that the persons getting the partial remission of court cost and fee advances and court costs and fees are not those who witness the force majeure events that make them having no properties to pay for the sums thereof.
+ Have properties which are used to pay for the whole court costs and fees that they have to bear according to the effective judgments and/or rulings of the Court.
If the parties agree that one party shall be subject to the full court cost or a partial court cost but this party is eligible for the partial remission of court cost and fee advances and court costs and fees:
- The court shall only consider approving the partial remission of 50% of the court cost to which such party is subject according to the provisions of Resolution 326/2016/UBTVQH14.
- They shall not get a partial remission for the court costs and fees of another person who they help to pay.
What are cases eligible for full remission of court cost and fee advances and court costs and fees in Vietnam?
Article 12 of Resolution 326/2016/UBTVQH14 stipulates cases eligible for full remission of court cost and fee advances and court costs and fees as follows:
Full remission of court cost and fee advances and court costs and fees
1. The following cases are eligible for the full remission of court cost advances and court costs:
a. Laborers who file lawsuits to request for payment of salaries, job loss allowance, severance allowance, social insurance payout, compensations for labor accidents or occupational diseases; settlement of claims for damages or compensations for unlawful dismissal or labor contract termination.
b. Persons who claim support or request identification of parents for minor children or adult children who have lost their civil act capacity.
c. Persons who lodge complaints about or file lawsuits against administrative decisions or acts of applying education and administrative measures in communes, wards or townships;
d. Persons who claim compensations for their life, health, honor or dignity.
dd. Children; poor individuals and households; the elderly; the disabled; people with meritorious services to the revolution; ethnic minority groups in severely disadvantaged communes; relatives of martyrs who are issued with the martyr certificates by competent regulatory agencies.
2. Entities mentioned in clause 1dd of this Article are eligible for the full remission of court fee advances and court fees according to clause 1, Article 4 hereof.
3. If the parties agree that one party shall be subject to the whole court cost or a partial court cost while this party is eligible for the full remission of court costs, the court shall consider approving the full remission of the partial court cost to which such party is subject as specified in the regulations hereof. This party is not eligible for the full remission of the court cost and fee which they pay for another party.
Thus, cases eligible for full remission of court cost and fee advances and court costs and fees are:
- Laborers who file lawsuits to request for payment of salaries, job loss allowance, severance allowance, social insurance payout, compensations for labor accidents or occupational diseases; settlement of claims for damages or compensations for unlawful dismissal or labor contract termination.
- Persons who claim support or request identification of parents for minor children or adult children who have lost their civil act capacity.
- Persons who lodge complaints about or file lawsuits against administrative decisions or acts of applying education and administrative measures in communes, wards or townships;
- Persons who claim compensation for their life, health, honor or dignity.
- Children; poor individuals and households; the elderly; the disabled; people with meritorious services to the revolution; ethnic minority groups in severely disadvantaged communes; relatives of martyrs who are issued with the martyr certificates by competent regulatory agencies.
What are the regulations on the application for remission of court cost and fee advances and court costs and fees in Vietnam?
Regulations on the application for remission of court cost and fee advances and court costs and fees are mentioned in Article 14 of Resolution 326/2016/UBTVQH14 as follows:
- Persons who request for the remission of court cost and fee advances and court costs and fees and are mentioned in Articles 12 and 13 of Resolution 326/2016/UBTVQH14 shall submit an application form to the Competent Court. Such form shall be enclosed with documents which prove that they are eligible for such remission.
- The application form for partial or full remission of court cost and fee advances and court costs and fees shall have the following contents:
+ Date of making the application.
+ Full name and address of the applicant.
+ Reasons for and grounds for the remission.
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