Obligations to bear the first-instance and appellate court costs in criminal cases in Vietnam

Obligations to bear the first-instance court costs in criminal cases in Vietnam

Pursuant to Clause 1, Article 23 of Resolution 326/2016/UBTVQH14, obligations to bear the first-instance court costs in criminal cases in Vietnam include:

- The convicts shall bear the first-instance criminal court costs.

- The victims who request the institution of criminal cases shall bear the first-instance criminal court costs if the courts declare that the accused parties are not guilty or these cases are terminated because the victims withdraw their lawsuit petitions according to the regulations of the Civil Procedure Code.

- The obligations to bear the first-instance civil court costs in criminal cases shall be fulfilled in accordance with the regulations of Article 26 and 27 of Resolution 326/2016/UBTVQH14.

- In case where the victims declare that their properties are damaged and request the defendants to pay for such damages but the actual value of the damaged properties are lower or higher than the declared value, the defendants shall bear the first-instance civil court costs for the properties which have been proved as being damaged.

- The victims, who request for the repair of their damaged properties without requesting a sum of money though the costs of such properties can be determined, are not required to pay for the court fees if their requests are not accepted by the Court.

- If the victims request for inappropriate compensations, the court shall explain to them that they will be required to bear the court fees if their requests are not approved by the Court. If they persist in requesting for the judgment from the Court, they shall bear the court fees if such requests are not approved by the Court.

- Before opening the hearings, if the litigants and the defendants can reach an agreement about the compensations and request the court to accept them, such victims and defendants are not required to bear the first-instance civil court costs. During the hearings, if the litigants and the defendants can reach an agreement about the compensations, they shall bear the first-instance civil court costs as these cases go on trial.

- If the defendants voluntarily pay for the compensations before the hearings are opened, they are not required to pay for the first-instance civil court costs.

Obligation to pay first instance and appellate court fees in criminal cases

Obligation to pay first instance and appellate court fees in criminal cases (Image from the internet)

Obligations to bear the appellate court costs in criminal cases in Vietnam

Pursuant to Clause 2, Article 23 of Resolution 326/2016/UBTVQH14, obligations to bear the appellate court costs in criminal cases in Vietnam include:

- If both the accused party and their lawful representative appeal against the criminal ruling of the first-instance judgment which the appellate court upholds, only the defendants are required to bear the appellate criminal court costs.

- If the accused party or their lawful representative appeals against the criminal ruling of the first-instance judgment which the court upholds, the appellant shall bear the appellate criminal court cost.

- If the accused party appeals against the criminal ruling and their legal representative appeals against the civil ruling or vice versa and the appellate court upholds the ruling of the first-instance court, then each accused party or each representative shall bear the court costs for their requests.

- If the accused party appeals against the criminal ruling and their representative appeals against the civil ruling or vice versa and the Court decides to amend the criminal or civil ruling or both of them, no appellants are required to bear the appellate court costs.

If the case is put on trial as requested by the plaintiff and the appellate court upholds the ruling of the first-instance judgment or announces that the accused party is not guilty, the plaintiff shall bear the appellate criminal court cost.

- The party appeals against the civil part of the first-instance judgment shall bear the appellate criminal court cost as specified in Article 29 hereof.

- In case where the appellate court quashes the first-instance judgment or ruling in order to investigate the case and re-open the hearing or suspend the case, the appellant is not required to bear the appellate criminal court cost.

- If the appellant withdraws his/her/its appeal before the opening of or at the appellate hearing, he/she/it is not required to bear the appellate criminal court cost.

- The appellant is not required to bear the appellate court cost if his/her/its appeal is accepted by the court.

Mai Thanh Loi

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