Who has authority to examine applications for the remission of court cost advances in Vietnam?
Who has authority to examine applications for the remission of court cost advances in Vietnam? What is application for remission of court cost advances in Vietnam? What cases are eligible for the full remission of court cost advances in Vietnam?
Hello, I have sued a person, but the court cost advance is too high, so I plan to apply for a reduction in the court cost advance. May I ask who has the authority to reduce the court cost advance?
1. Who has authority to examine applications for the remission of court cost advances in Vietnam?
In Article 15 of Resolution 326/2016/UBTVQH14, there is a provision on competence to examine applications for the remission of court cost advances and court costs as follows:
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.
6. At court hearings, the first-instance or appellate trial panels are competent to consider the remission of court costs for the involved parties upon making judgments or rulings on their cases.
Thus, according to the above provisions, judges who are assigned by the court chief judges are persons competent to examine the applications for the remission of court cost advances in Vietnam.
2. What is application for remission of court cost advances in Vietnam?
Pursuant to Article 14 of Resolution 326/2016/UBTVQH14, there are regulations on application for remission of court cost and fee advances and court costs and fees as follows:
1. Persons who request for the remission of court cost and fee advances and court costs and fees and are mentioned in Articles 12 and 13 hereof shall submit an application form to the Competent Court. Such form shall be enclosed with documents which prove that they are eligible for such remission.
2. The application form for the above-mentioned remission shall have the following contents:
a. Date of making the application.
b. Full name and address of the applicant.
c. Reasons for and grounds for the remission.
Thus, application for remission of court cost and fee advances and court costs will include the documents as prescribed above in Vietnam.
3. What cases are eligible for the full remission of court cost advances in Vietnam?
According to Clause 1, Article 12 of Resolution 326/2016/UBTVQH14, 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.
According to this Article, the cases as prescribed above will be exempted or reduced from the court cost advance in Vietnam.
Best Regards!
