What types of court costs are included in administrative cases in Vietnam? Who is obliged to bear the first-instance and appellate court costs in administrative cases in Vietnam?
What types of court costs are included in administrative cases in Vietnam?
Pursuant to the provisions of Article 30 of Resolution No. 326/2016/UBTVQH14, the types of court cost in administrative cases include:
- First-instance administrative court cost.
- Appellate administrative court cost.
- First-instance civil court cost in cases involving claims for damages, including first-instance civil cases that involve or do not involve a monetary value.
- Appellate civil court costs in cases involving appeals against the damage compensations.
What types of court costs are included in administrative cases in Vietnam? Who is obliged to bear the first-instance and appellate court costs in administrative cases in Vietnam?
Who is obliged to pay for the first-instance court costs in administrative cases in Vietnam?
Pursuant to the provisions of Article 32 of Resolution No. 326/2016/UBTVQH14, the obligor to pay for the first-instance court costs includes:
- The involved parties shall bear the first-instance administrative court cost if their requests are not approved by the Court, unless they are eligible for the full remission of payment thereof or are not required to bear the first-instance administrative court cost.
- If the person mentioned in an administrative decision, disciplinary decision on dismissal, complaint settlement decision related to a competition dispute and the person making a list of National Assembly Candidates, a list of deputies of People's Councils, and a list of electorates of referendum are sued, they shall bear the first-instance administrative court cost when the Court accepts the partial or the whole claim of the petitioner.
- If the defendant annuls an administrative decision, a disciplinary decision and a settlement decision on a competition case or terminates a sued-administrative act, and the petitioner agrees to withdraw the petition or the person with related interests and obligations withdraws his/her independent claim, then the court cost advance shall be returned to the payer.
- Before opening a trial, the Court shall start a discussion between the parties. If the involved parties reach an agreement on the settlement of the case, they shall only bear 50% of the first-instance administrative cost.
- For a case where there is one party eligible for the full remission of the first-instance court cost, other parties shall still pay for the cost thereof as required in clauses 1 and 2 Article 32 of Resolution No. 326/2016/UBTVQH14.
- The person who makes a claim on the property damage compensation shall bear the court cost if his/her claim is not accepted by the Court.
- The obligations to bear the first-instance civil court costs in administrative cases shall be imposed in accordance with the regulations in Articles 26 and 27 of Resolution No. 326/2016/UBTVQH14.
Who is obliged to bear appellate court costs in administrative cases in Vietnam?
Article 34 of Resolution No. 326/2016/UBTVQH14 stipulates the obligations to bear appellate court costs in administrative cases as follows:
- If the Appellate Court upholds the first-instance judgment or ruling, the appellant shall pay for the appellate court cost, unless he/she is eligible for the full remission or is not required to pay for the cost thereof.
- If the Appellate Court modifies the appealed first-instance judgment or ruling, the appellant is not required to pay for the appellate court cost; the Appellate Court shall re-determine the obligations to pay for the first-instance court cost as specified in Article 348 of the 2015 Law on Administrative Procedures and Article 32 of Resolution No. 326/2016/UBTVQH14.
- If the Appellate Court quashes the appealed first-instance judgment or ruling to open a re-trial, the appellant is not required to pay for the appellate court cost; the obligations to pay for the court cost shall be re-determined during the first-instance re-trial.
- The involved parties who withdraw their appeals before the appeal hearing shall bear 50% of the appellate administrative court cost. The involved parties who withdraw their appeals at the appeal hearing shall bear the whole appellate administrative court cost.
- Before the appeal hearing or during such hearing, if the petitioner withdraws his/her petition and other parties agree on such withdrawal, the involved parties shall still bear the first-instance court cost as specified in the decision of the Appellate Court and shall bear 50% of the appellate court cost as regulated by laws.
- The party that appeals against the decision on damage compensation of the first-instance judgment shall bear the appellate civil court cost as specified in Article 29 of Resolution No. 326/2016/UBTVQH14.
- The appellant is not required to bear the appellate court cost if his/her appeal is accepted by the court.
- If the appeal hearing is suspended because the appellant is absent after being validly summoned by the Court for the second time, the court cost advance shall be contributed into the state fund.
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