What are the cases eligible for the full remission of court cost advances and court costs, court fee advances and court fees in Vietnam?
- Who has the competence to examine applications for the remission of court cost advances and court costs in Vietnam?
- What are the cases eligible for the full remission of court cost advances and court costs, court fee advances and court fees in Vietnam?
- Who has the competence to approve the remission of court fee advances and court fees in Vietnam?
Who has the competence to examine applications for the remission of court cost advances and court costs in Vietnam?
Pursuant to Article 15 of Resolution No. 326/2016/UBTVQH14, the competence to examine applications for the remission of court cost advances and court costs in Vietnam is specified as follows:
- Before handling the cases, judges who are assigned by the court chief judges to handle these cases are competent to examine the applications for the remission of court cost advances.
- After handling the cases, judges who are assigned by the court chief judges to handle these cases are competent to examine the applications for the remission of court cost advances of defendants that make counter-claims against the plaintiffs, or of persons with related interests and obligations that make independent claims in these cases.
- Judges who are assigned by the chief judges of the first-instance courts to handle cases are competent to examine the applications for the remission of appellate court cost advances.
- Before opening the first-instance or appellate court hearings, judges who are assigned by the court chief judges to handle cases are competent to consider the remission of court costs for the involved parties.
- Within 03 working days after receiving the application form enclosed with the proof documents, the Court shall reply in writing whether they approve such application or not. If the application is refused, they shall provide explanations in writing.
What are the cases eligible for the full remission of court cost advances and court costs, court fee advances and court fees in Vietnam?
What are the cases eligible for the full remission of court cost advances and court costs, court fee advances and court fees in Vietnam?
Pursuant to Article 12 of Resolution No. 326/2016/UBTVQH14 stipulating the cases eligible for the full remission of court cost advances and court costs, court fee advances and court fees in Vietnam as follows:
Cases eligible for the full remission of court cost advances and court costs include:
- 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 compensations 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.
Entities eligible for the full remission of court fee advances and court fees according to clause 1, Article 4 of Resolution No. 326/2016/UBTVQH14 include:
- 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.
Note: 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 of Resolution No. 326/2016/UBTVQH14.
This party is not eligible for the full remission of the court cost and fee which they pay for another party.
Who has the competence to approve the remission of court fee advances and court fees in Vietnam?
Pursuant to Article 16 of Resolution No. 326/2016/UBTVQH14, the competence to approve the remission of court fee advances and court fees is prescribed as follows:
- Before handling the civil matters, judges who are assigned by the court chief judges are competent to examine the applications for the remission of court fee advances.
- Judges who are assigned by the chief judges of first-instance courts to handle cases are competent to examine applications for the remission of appellate court cost advances.
- Before opening the first-instance or appellate sessions, judges who are assigned by the court chief judges to handle civil matters are competent to consider the remission of court fees for the involved parties.
- Within 03 working days after receiving the application form enclosed with the proof documents, the Court shall reply in writing whether they approve such application or not. If the application is refused, they shall provide explanations in writing.
- At the sessions, judges or trial panels settling civil matters are competent to consider the remission of court fees for the involved parties upon making decisions on these civil matters.
LawNet