Can 63-year-old people who file lawsuits be eligible for the full remission of court cost advances in Vietnam?

Can 63-year-old people who file lawsuits be eligible for the full remission of court cost advances in Vietnam?

Pursuant to Article 12 of the Resolution 326/2016/UBTVQH14 stipulating full remission of court cost and fee advances and court costs and fees as follows:

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.

2. Entities mentioned in clause 1dd of this Article are eligible for the full remission of court fee advances and court fees according to clause 1, Article 4 hereof.

3. If the parties agree that one party shall be subject to the whole court cost or a partial court cost while this party is eligible for the full remission of court costs, the court shall consider approving the full remission of the partial court cost to which such party is subject as specified in the regulations hereof. This party is not eligible for the full remission of the court cost and fee which they pay for another part.

Pursuant to Article 2 of the Law on the Elderly in 2009 stipulating the elderly as follows:

The elderly defined in this Law are Vietnamese citizens aged full 60 or over.

As regulations above, the elderly eligible for the full remission of court cost advances must be aged full 60 or over.

Therefore, 63-year-old people can be eligible for the full remission of court cost advances in Vietnam.

What documents shall 63-year-old people prepare in the application for request for the full remission of court cost advances in Vietnam?

Pursuant to Article 14 of the Resolution 326/2016/UBTVQH14 stipulating the application for request for the full remission of court cost advances in Vietnam 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.

As regulations above, 63-year-old people shall prepare following documents in the application for request for the full remission of court cost advances in Vietnam: application for exemption of court fee advances with evidence proving age such as citizen identification card or other documents proving age to the competent Court to be exempted from court fee advances.

Who has authority to approve the request for the full remission of court cost advances of 63-year-old people in Vietnam? 

Pursuant to Article 15 of the Resolution 326/2016/UBTVQH14 stipulating the authority to approve the request for the full remission of court cost advances of 63-year-old people in Vietnam 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.

Above are the regulations on the authority to approve the request for the full remission of court cost advances of 63-year-old people in Vietnam.

Best regards!