Competence to examine applications for the remission of court cost advances and court fees in Vietnam

Competence to examine applications for the remission of court cost advances and court fees in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Competence to examine applications for the remission of court cost advances and court fees in Vietnam

Competence to examine applications for the remission of court cost advances and court fees in Vietnam under Article 15 of Resolution 326/2016/UBTVQH14 is as follows:

- 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.

- 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.

- 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.

- 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.

- 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.

- 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.

2. Competence to approve the remission of court fee advances and court fees in Vietnam

Competence to approve the remission of court fee advances and court fees according to Article 16 of Resolution 326/2016/UBTVQH14 is as follows:

- Before handling the civil matters, judges who are assigned by the court chief judges are competent to examine the applications for the remission of court fee advances.

- Judges who are assigned by the chief judges of first-instance courts to handle cases are competent to examine applications for the remission of appellate court cost advances.

- Before opening the first-instance or appellate sessions, judges who are assigned by the court chief judges to handle civil matters are competent to consider the remission of court fees for the involved parties.

- 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.

- At the sessions, judges or trial panels settling civil matter are competent to consider the remission of court fees for the involved parties upon making decisions on these civil matters.

3. Time limit for payment of court cost and fee advances and court costs and fees in Vietnam

Time limit for payment of court cost and fee advances and court costs and fees according to Article 17 of Resolution 326/2016/UBTVQH14 as follows:

- Time limit for paying civil court cost advances:

+ Within 07 working days after receiving the court's written notification of the payment of first-instance court cost advances, the plaintiffs, the defendants that make counterclaims against the plaintiffs, and persons with related interests and obligations that make independent claims shall pay for the court cost advances and submit the receipt to the Court, unless they have plausible reason for failing to do so.

+ Within 10 days after receiving the first-instance court's notice of the payment of appellate court cost advances, the appealing parties shall pay these advances and submit the receipts to the first-instance court, unless they have plausible reasons for failing to do so.

- Time limit for paying administrative court cost advances:

+ Within 10 working days after receiving the court's written notification of the payment of the first-instance administrative court cost advances, the petitioners or the persons with related interests and obligations that make independent claims in administrative cases shall pay for the court cost advances and submit the receipts to the Court, unless they have plausible reasons for failing to do so.

+ Within 10 days after receiving the first-instance court’s notification of the payments of appellate administrative court cost advances and appellate civil court cost advances, the appealing parties shall pay for such advances and submit the receipts to the Court, unless they have plausible reasons for failing to do so.

- Time limit for paying court fee advances:

+ Court fee advances for settlement of civil matters: The payer of fee advances shall pay for the first-instance and appellate court fee advances and submit the receipts to the Court within 05 working days after receiving the Court's notification of the payments of court fee advances, unless they have plausible reasons for failing to do so.

+ Other court fee advances: the parties appealing against the court's decisions specified in clause 5, Article 38, clause 4, Article 39 of Resolution 326/2016/UBTVQH14 shall pay for the appellate court fee advances within 05 working days after receiving the Court's notice of the payments thereof, unless they have plausible reasons for failing to do so.

- Cases with plausible reasons mentioned in clauses 1, 2 and 3 of Article 17 of Resolution 326/2016/UBTVQH14 are cases that occur objectively, unforeseeably and irremediably though every possible necessary measure has been taken, making the payers unable to pay for the court cost and fee advances on time.

- Time limit for paying court costs and fees:

+ The parties who are obligated to pay for the court costs and fees shall pay for such fees by the effective date of the judgments and rulings of the Court.

+ The parties who request the Court to handle the cases specified in Articles from 38 to 45 of Resolution 326/2016/UBTVQH14 shall pay for the court costs specified by the competent authorities in Article 10 hereof within the period of time regulated by laws.

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