Is the appellants obliged to bear the appellate Court fees if the Courts of appeal in Vietnam abrogate the appealed first-instance judgments?

Is the appellants obliged to bear the appellate Court fees if the Courts of appeal in Vietnam abrogate the appealed first-instance judgments?

Pursuant to Article 145 of the Civil Procedure Code in 2015 stipulating obligation to bear first-instance Court fees as follows:

1. The appellant must pay the appellate Court fees, if the appealed first-instance judgments or decision are upheld by the Courts of appeal, except for cases where the appellants are exempted from, or do not have to pay such fees.

2. The appellants shall not pay the appellate Court fees, if the appealed first-instance judgments or decisions are amended by the Courts of appeal. The Courts of appeal must re-determine the obligation to bear first-instance Court fees as provided for in Article 147 of this Code.

3. Where the Courts of appeal abrogate the appealed first-instance judgments/decisions for re-trial under first-instance procedure, the appellants shall not be obliged to bear the appellate Court fees. The obligation to bear Court fees shall be re-determined when the cases are retried under first-instance procedure.

As regulations above, if the Court of appeal abrogate the appealed first-instance judgment, you are not obliged to bear the appellate Court fees. The obligation to bear Court fees shall be re-determined when the cases are retried under first-instance procedure.

Is the appellants obliged to bear the appellate Court fees if the Courts of appeal in Vietnam abrogate the appealed first-instance judgments? - Source: Internet

What are the cases in which Court fees in Vietnam are waived?

Pursuant to Article 11 of the Resolution 326/2016/UBTVQH14 stipulating cases unrequired to pay for court cost and fee advances and are not subject to court costs and fees as follows:

1. The following entities are not required to pay for court cost advances and not subject to court costs:

a. Parties who lodge complaints about or file lawsuits against lists of voters to elect National Assembly deputies or People's Council deputies; lists of voters in the referendum;

b. Agencies, organizations and individuals who file civil lawsuits or appeal against the judgment and/or ruling which has not come into effect of the court to protect the rights and legitimate interests of other persons, public or state interests as specified in Article 187 of the Criminal Procedure Code, except for the cases in which the state enterprise files the lawsuit related to its business operation;

c. Vietnam Bank for Social Policy which files the lawsuit or appeals against the judgment and/or ruling which has not come into effect of the court to collect debts from the poor and other policy beneficiaries;

d. Procuracies which protest against court judgments and rulings under the appellate procedures;

dd. Defense counsels of the defendants who are under the age of 18 or are mentally or physically disabled;

e. Defenders for the legitimate rights and interests of the victims, litigants who are under the age of 18 or are mentally or physically disabled;

f. Other entities which are not required to pay for the court cost and fee advances as regulated by laws.

2. The following entities are not required to pay for the court cost and fee advances and are not subject to court fees:

a. Laborers who request the courts in writing to open procedures for bankruptcy of enterprises or cooperatives mentioned in clause 2, Article 5, clause 1a, Article 105 of the Law on bankruptcy;

b. Grassroots trade union executive boards which request the courts to examine the lawfulness of strikes;

c. Representatives of labor collectives who request the courts to examine the lawfulness of strikes;

d. Agencies and organizations which request the courts to invalidate unlawful marriages; change the custodians of the children; restrict the parental rights over adolescents; require the persons involuntarily to fulfill their support obligations to carry out such obligations as specified in clause 2 of Article 10, clause 5 of Article 84, clause 2 of Article 86, clause 2 of Article 119 of the Law on Marriage and Family; the regulatory agencies shall require the courts to provide copies of their judgments;

dd. Procuracies which protest against court judgments and rulings under the appellate procedures;

e. Other entities which are not required to pay for the court cost and fee advances as regulated by laws.

3. The consumers who file civil lawsuits to protect their legitimate rights and interests are not required to pay for the court cost and fee advances according to clause 2, Article 43 of the Law on protection of consumers’ rights.

4. Enforcers who require the Court to settle the disputes specified in clause 1, Article 74; clause 1 and clause 2, Article 75 of the Law on Civil Judgment Enforcement are not required to pay for the court cost and fee advances; and are not subject to court costs and fees.

Above are cases in which Court fees in Vietnam are waived.

Best regards!