Waiver of legal cost advances and court fees in Vietnam: Provisions to be known

Laborers initiating lawsuits to claim salaries, petitioners for alimony, plaintiffs against administrative decisions in Vietnam, etc., are exempted from paying legal cost advances, legal cost advances, court fees and court fees in accordance with the law.

According to this Resolution, Article 12 of this Resolution stipulates the cases in which legal cost advances, legal fees, court fee advances and court fees in Vietnam are waived.

Specific cases include:

- The Employee initiates lawsuits to claim salary, redundancy allowance, severance allowance, social insurance, compensation for labor accident or occupational disease; resolves issues of compensation for damage or for dismissal or termination of illegal labor contract in Vietnam;

- The petitioner for support and request for identification of parents for minor children or adult children who have lost their civil act capacity;

- The plaintiff files an administrative decision or an administrative act in application or execution of the measure of administrative handling of education in a commune, ward or township in Vietnam;

- The claimant for compensation for life, health, honor, dignity and prestige;

- Children; individuals from poor and near-poor households; elderly people; people with disabilities; people who have merits for the revolution; ethnic minorities in communes with extremely difficult socio-economic conditions; relatives of martyrs who are granted certificates of martyr families by competent State agencies in Vietnam.

At the same time, cases: Children; individuals from poor and near-poor households; elderly people; people with disabilities; people who have merits for the revolution; ethnic minorities in communes with extremely difficult socio-economic conditions; relatives of martyrs in Vietnam who are granted certificates by competent State agencies of martyrs' families shall be exempt from the advance payment of court fees and court fees specified in Clause 1, Article 4 of this Resolution.

Note: In case the involved parties agree that a party shall bear all or part of the court fees payable and the party shall bear all or part of the court fees payable in the case of exemption from payment of court fees, the court shall consider only exemption from court fees for the part that the person from the case is exempt from paying according to the provisions of this Resolution.

Court fees and charges which the person receives on behalf of another person are not exempt from paying in Vietnam.

Dossiers of request for exemption or reduction of legal cost advance, legal cost advance, court fee advance, court fee advance in Vietnam

Pursuant to the provisions of Resolution 326/2016/UBTVQH14, the applicant for exemption or reduction of legal cost advances, court fee advances, legal cost advances and court fees in the cases specified in Articles 12 and 13 of this Resolution must submit a written request to the competent court accompanied by documents and evidences proving the exemption or reduction.

According to Resolution, the application for exemption or reduction of legal cost advances, legal cost , charge advances and court fees in Vietnam must contain the following details:

- Date of making the application;

- Full name and address of the applicant;

- Reasons and grounds for requesting exemption or reduction.

Thus, in case of exemption from the payment of legal cost advances, legal cost advances, court fee advances, court fee advances, the exemption subjects must make application with all information prescribed by law to be considered for settlement of exemption from the payment of legal cost advances, legal cost advances, court fee advances in Vietnam.

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