In Vietnam, which cases are eligible for the full remission of court cost advances? Who has the authority to examine the applications for the remission of court cost advances?

In Vietnam, which cases are eligible for the full remission of court cost advances?

Pursuant to Clause 1, Article 12 of Resolution 326/2016/UBTVQH14 regulating full remission of court cost and fee advances and court costs and fees:

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.

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According to this Article, cases that are eligible for the full remission of court cost advances include:

- Laborers who file lawsuits to request for payment of salaries, job loss allowance, severance allowance;

- Laborers who file lawsuits to request 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.

In Vietnam, which cases are eligible for the full remission of court cost advances? Who has the authority to examine the applications for the remission of court cost advances? (Image from the Internet)

Who has the authority to examine the applications for the remission of first-instance court cost advances?

Pursuant to Clause 1, Article 15 of Resolution 326/2016/UBTVQH14 regulating competence to examine applications for the remission of court cost advances and court costs:

Competence to examine applications for the remission of court cost advances and court costs

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

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According to this regulation, 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.

What types of court cost are there in civil cases in Vietnam?

Pursuant to Article 24 of Resolution 326/2016/UBTVQH14 regulating types of court cost in civil cases:

Types of court cost in civil cases

1. The types of civil court cost include:

a. First-instance civil court costs for civil cases that involve no monetary value.

b. First-instance civil court costs for civil cases that involve a monetary value.

c. Appellate civil court costs.

2. Civil cases involving no monetary value means cases in which claims of involved parties are not sums of money or cannot be valued in specific sums of money.

3. Civil cases involving a monetary value means cases in which claims of involved parties are sums of money or properties which can be valued in sums of money.

According to this Article, in civil cases there are 02 types of court cost as follows:

(1) First-instance civil court costs

- First-instance civil court costs for civil cases that involve no monetary value;

- First-instance civil court costs for civil cases that involve a monetary value;

(2) Appellate civil court costs.

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