Who is responsible for court cost advances when adjudicating the appellate civil in Vietnam?

Who is responsible for court cost advances when adjudicating the appellate civil in Vietnam?

Article 28 of Resolution 326/2016/UBTVQH14 provides for obligations to pay for the advances of the appellate civil court costs as follows:

Parties that make appeals under the appellate procedures shall pay the advances of appellate civil court costs, unless they are not required to pay for the court cost advances or are eligible for the full remission thereof as specified in this Resolution.

Pursuant to the above provisions in Vietnam, parties that make appeals under the appellate procedures will have to pay advances of appellate civil court costs, except for cases where it is not required to pay for the court cost advances or are eligible for the full remission thereof.

Do involved parties who withdraw their appeals before the appeal hearing is opened have to pay appellate civil court cost in Vietnam?

Article 29 of Resolution 326/2016/UBTVQH14 provides for obligations to bear the appellate civil court costs as follows:

1. The involved parties who make appeals shall bear the appellate civil court costs if the Appellate Court upholds the appealed first-instance judgment or ruling, unless such parties are eligible for the full remission or are not required to bear the appellate court costs.

2. If the Appellate Court modifies the appealed first-instance judgment or ruling, the involved parties who make appeals and are related to the above-mentioned judgment or ruling are not required to bear the appellate civil court costs; the Appellate Court shall re-determine the obligations to bear the first-instance civil court costs specified in Article 147 of the Criminal Procedure Code and Articles 26 and 27 hereof.

3. If the Appellate Court quashes the first-instance judgment or ruling to open a first-instance re-trial, the involved parties who make the appeals are not required to bear the appellate civil court costs; the obligations to bear such costs will be re-determined after the case is handled under the first-instance procedures.

4. The involved parties who withdraw their appeals before the appeal hearing is opened shall bear 50% of the appellate civil court cost. The involved parties who withdraw the appeals during the appeal hearing shall bear the whole appellate civil court cost.

5. If the involved parties reach an agreement about the settlement of their case during the appeal hearing, they appellants shall bear the whole appellate civil court cost. If the involved parties reach an agreement on the first-instance civil court cost, they shall bear such cost as agreed; if they cannot reach an agreement on such cost, the Court shall re-determine the first-instance civil court cost according to the contents of the agreement at the appeal hearing.

6. If the plaintiff withdraws their lawsuit petition before the appeal hearing is opened or during the appeal hearing and such withdrawal is agreed by the defendant, then the involved parties shall bear the first-instance civil court cost as specified in the decision of the first-instance court and shall bear 50% of the appellate civil court cost.

7. If one party is not required to bear the court cost or is eligible for the full remission of the appellate civil court cost, other parties shall still bear the appellate civil court cost as specified in clauses 1, 4, 5 and 6 hereof.

Thus, according to current regulations in Vietnam, the involved parties who withdraw their appeals before the appeal hearing is opened must bear 50% of appellate civil court cost.

Best Regards!