Chương XXII Luật tố tụng hành chính 2015: Án phí, lệ phí và các chi phí tố tụng khác

Chapter XXII

LEGAL COSTS, FEES AND OTHER PROCEDURAL EXPENSES

Section 1. LEGAL COSTS AND FEES

Article 344. Legal cost advances, legal costs and fees

1. Legal cost advances include first-instance legal cost advance and appellate legal cost advance.

2. Legal costs include first-instance legal cost and appellate legal cost.

3. Fees include fee for issuance of copies of court judgments, rulings, decisions or other papers and other fees prescribed by law.

Article 345. Handling of collected legal cost advances, legal costs and fees

1. All collected legal cost and fee amounts shall be fully and promptly remitted into the state budget at the state treasury.

2. Legal cost advances shall be paid to competent judgment enforcement agencies for depositing into custody accounts opened at state treasuries and shall be withdrawn for judgment execution under court rulings.

3. The paid legal cost advance shall be remitted into the state budget riuht after the court judgment or ruling takes effect.

If the person who has paid the legal cost advance is entitled to refund of part or the whole of such advance under the court judgment or ruling, the judgment enforcement agency that has collected such advance shall carry out procedures for refunding the advance to the payer.

4. If the settlement of an administrative case is suspended, the paid legal cost advance shall be handled when the settlement of such case resumes.

Article 346. Collection and payment of legal cost advances, legal costs and fees

The collection of legal cost advances and legal costs, payment of legal cost advances, and collection of fees must comply with law.

Article 347. Obligation to pay legal cost advances

The plaintiff and person with related interests and obligations who have independent claims in an administrative case shall pay first-instance legal cost advance while the person filing an appeal according to appellate procedures shall pay appellate legal cost advance, unless they are entitled to exemption from or not required to pay such advance.

Article 348. Obligation to pay first-instance legal cost

1. Involved parties shall bear first-instance legal cost if their request is rejected by the court, unless they are entitled to exemption from or not required to bear such fee.

2. Before opening a court hearing, the court shall hold a dialogue; if the involved parties have a successful dialogue on the settlement of the case, they shall bear only 50% of the first- instance legal cost prescribed in Clause 1 of this Article.

3. If an involved party is entitled to exemption from first-instance legal cost, other involved parties shall still pay such cost under Clauses 1 and 2 of this Article.

4. If the case is suspended from settlement, the obligation to pay first-instance legal cost shall be decided when the settlement resumes under this Article.

Article 349. Obligation to bear appellate legal cost

1. Appealing involved parties shall pay appellate legal cost if the appellate court upholds the first-instance judgment or ruling which is appealed against, unless they are entitled to exemption from or not required to bear such fee.

2. If the appellate court modifies the first-instance judgment or ruling which is appealed against, the appealing involved party is not required to pay appellate legal cost; the appellate court shall re-determine the obligation to pay first-instance legal cost under Article 348 of this Law.

3. If the appellate court annuls the first-instance judgment or ruling which is appealed against for first-instance retrial, the appealing involved party is not required to pay appellate legal cost; the obligation to pay legal cost shall be re-determined upon the first-instance retrial of the case.

Article 350. Obligation to pay fees

The obligation to pay fees shall be determined depending on each type of job and prescribed by law.

Article 351. Specific provisions on legal costs and fees

Pursuant to the Law on Charges and Fees and this Law, the National Assembly Standing Committee shall specify legal costs and court fees; rates of legal costs and court fees for each type of case; cases in which involved parties are entitled to exemption from or are not required to pay legal costs; and other specific matters related to legal costs and court fee.

Section 2. OTHER PROCEDURAL EXPENSES

Article 352. Judicial mandate expense and offshore judicial mandate expense advance

1. Offshore judicial mandate expense advance means a sum of money the court temporarily calculates to be paid for judicial mandate upon collecting and providing evidences, delivering papers, dossiers or documents, summoning witnesses or expert witnesses, and performing mutual judicial assistance related to the settlement of an administrative case.

2. Judicial mandate expense means a necessary and reasonable sum of money to be paid for judicial mandate in accordancẹ with the laws of Vietnam and the country requested for judicial mandate.

Article 353. Obligation to pay offshore judicial mandate expense advance

The plaintiff and person filing an appeal according to appellate procedures or another involved party in a case shall pay an offshore judicial mandate expense advance if their request results in the arising of offshore judicial mandate.

Article 354. Obligation to bear offshore judicial mandate expense

Unless otherwise agreed by involved parties or provided by law, the obligation to bear offshore judicial mandate expense shall be determined as follows:

1. Involved parties shall bear offshore judicial mandate expense if their request for settlement of the case is rejected by the court;

2. If the settlement of the case is suspended under Point c, Clause 1, Article 143, or Clause 1, Article 234, of this Law, the plaintiff shall bear offshore judicial mandate expense.

If appellate trial is suspended under Point a, Clause 2, Article 225, or Point c, Clause 1, Article 229, of this Law, the person filing an appeal according to appellate procedures shall bear offshore judicial mandate expense;

3. For other cases of suspension of settlement of cases in accordance with this Law, the requester shall bear offshore judicial mandate expense.

Article 355. Handling of offshore judicial mandate expense advance

1. If the person who has paid a judicial mandate expense advance is not liable to bear such expenses, the person who has to bear such expenses under the court ruling shall refund such advance to the former.

2. If the person who has paid a judicial mandate expense advance is liable to bear such expense, and the paid advance is smaller than the actual judicial mandate expense, he/she shall pay the deficit; if the paid advance is larger than the actual judicial mandate expense, he/she will have the surplus refunded under the court ruling.

Article 356. On-spot consideration and appraisal expense advance and on-spot consideration and appraisal expense

1. On-spot consideration and appraisal expense advance means a sum of money amount the court temporarily calculates for conducting on-spot consideration and appraisal.

2. On-spot consideration and appraisal expense means a necessary and reasonable sum of money to be paid for on-spot consideration and appraisal as prescribed by law.

Article 357. Obligation to pay on-spot consideration and appraisal expense advance

1. The person requesting the court to conduct on-spot consideration and appraisal shall pay an on-spot consideration and appraisal expense advance as requested by the court.

2. When the court finds it necessary and decides to conduct on-spot consideration and appraisal, the plaintiff and person filing an appeal according to appellate procedures shall pay an on-spot consideration and appraisal expense advance.

Article 358. Obligation to bear on-spot consideration and appraisal expense

Unless otherwise agreed by involved parties or provided by law, the obligation to bear on-spot consideration and appraisal expense shall be determined as follows:

1. The involved parties shall bear on-spot consideration and appraisal expense if their request is rejected by the court;

2. If the settlement of the case is suspended under Point c, Clause 1, Article 143, or Clause 1, Article 234, of this Law, the involved parties shall bear on-spot consideration and appraisal expense.

If appellate trial is suspended under Point a, Clause 2, Article 225, or Point c, Clause 1, Article 229, of this Law, the person filing an appeal according to appellate procedures shall bear on-spot consideration and appraisal expense;

3. For other cases of suspension of settlement of cases in accordance with this Law, the requester for consideration or appraisal shall bear on-spot consideration and appraisal expense.

Article 359. Handling of on-spot consideration and appraisal expense advances

1. If the person who has paid an on-spot consideration and appraisal expense advance is not liable to bear such expense, the person who has to bear such expenses under the court ruling shall refund such advance to the former.

2. If the person who has paid an on-spot consideration and appraisal expense advance is liable to bear such expense, and the paid advance is smaller than the actual on-spot consideration and appraisal expense, he/she shall pay the deficit; if the paid advance is larger than the actual on-spot consideration and appraisal expense, he/she will have the surplus refunded under the court ruling.

Article 360. Expert examination expense advance, expert examination expense

1. Expert examination expense advance means a sum of money the expert witness temporarily calculates for conducting expert examination under the court ruling or at the request of the involved parties.

2. Expert examination expense means a necessary and reasonable sum of money to be paid for expert examination and shall be calculated by the expert witness in accordance with law.

Article 361. Obligation to pay expert examination expense advance

Unless otherwise agreed by the involved parties or provided by law, the obligation to pay expert examination expense advance shall be determined as follows:

1. The person requesting the court to solicit expert examination shall pay an expert examination expense advance.

If the involved parties request the court to solicit expert examination of the same object, either of the involved parties shall pay half of the expert examination expense advance;

2. If the court finds it necessary and decides to solicit expert examination, the plaintiff and person filing an appeal according to appellate procedures shall pay an expert examination expense advance;

3. The involved parties and appellant who have requested the court to solicit expert examination but whose request is rejected and who request by themselves another organization or individual to conduct expert examination shall pay expert examination expense advance in accordance with the Law on Judicial Assessment.

Article 362. Obligation to bear expert examination expense

Unless otherwise agreed by the involved parties or provided by law, the obligation to bear expert examination expense shall be determined as follows:

1. The person requesting the court to solicit expert examination shall bear expert examination expense if the expert examination result proves his/her request groundless. If the expert examination result proves his/her request partly grounded, he/she shall bear the expert examination expense for the part of his/her request already proved groundless;

2. The person who rejects the other involved party’s request for expert examination in a case shall pay the expert examination expense if the expert examination result proves his/her request grounded. If the expert examination result proves his/her request partly grounded, the person who rejects the request shall bear the expert examination expense for the part of the request already proved grounded;

3. If the settlement of the case is suspended under Point c, Clause 1, Article 143,or Clause 1, Article 234, of this Law, the plaintiff shall bear expert examination expense.

If appellate trial is suspended under Point a, Clause 2, Article 225, or Point c, Clause 1, Article 229, of this Law, the person filing an appeal according to appellate procedures shall bear expert examination expense;

4. In case a person who himself/herself requests expert examination under Clause 3, Article 361 of this Law, if the expert examination result proves such request grounded, the losing party shall bear expert examination expense. If the expert examination result proves his/her request partly grounded, he/she shall pay the expert examination expense for the part of his/her request already proved groundless;

5. For other cases of suspension of settlement of cases in accordance with this Law, the requester for expert examination shall bear expert examination expense.

Article 363. Handling of paid expert examination expense advance

1. If the person who has paid an expert examination expense advance is not liable to pay such expense, the person who has to bear such expense under the court ruling shall refund such advance to the former.

2. If the person who has paid an expert examination expense advance is liable to bear such expense and the paid advance is smaller than the actual expert examination expense, he/she shall pay the deficit; if the paid advance is larger than the actual expert examination expense, he/she will have the surplus refunded under the court ruling.

Article 364. Asset valuation expense advance, asset valuation expense

1. Asset valuation expense advance means a sum of money the Valuation Council temporarily calculates for conducting valuation under the court ruling.

2. Asset valuation expense means a necessary and reasonable sum of money to be paid for asset valuation and shall be calculated by the Valuation Council in accordance with law.

Article 365. Obligation to pay asset valuation expense advance

Unless otherwise agreed by the involved parties or provided by law, the obligation to bear asset valuation expense shall be determined as follows:

1. The requester for asset valuation shall pay an asset valuation advance;

2. If the involved parties cannot reach agreement on price and together request the court to valuate assets, either of them shall pay half of the asset valuation expense advance. If there are more than two involved parties, they shall pay asset valuation expense advance at the level decided by the court;

3. In the case specified in Clause 3, Article 91 of this Law, the plaintiff and appellant shall pay asset valuation expense advance.

Article 366. Obligation to bear asset valuation and asset price appraisal expenses

Unless otherwise agreed by the involved parties or provided by law, the obligation to bear asset valuation and asset price appraisal expenses shall be determined as follows:

1. The involved parties shall bear asset valuation expense if their request is rejected by the court;

2. If the court issues a valuation decision under Point d, Clause 3, Article 91 of this Law:

a/ The involved parties shall bear asset valuation expense prescribed in Clause 1 of this

Article if the valuation result proves the court’s asset valuation decision grounded;

b/ The court shall pay asset valuation expense if the valuation result proves the court’s asset valuation decision groundless.

3. If the settlement of the case is suspended under Point c, Clause 1, Article 143, or Clause 1, Article 234, of this Law, and the Valuation Council has conducted valuation, the plaintiff shall bear asset valuation expense.

If appellate trial is suspended under Point a, Clause 2, Article 225, or Point c, Clause 1, Article 229, of this Law, and the Valuation Council has conducted valuation, the person filing an appeal according to appellate procedures shall bear asset valuation expense;

4. For other cases of suspension of settlement of cases in accordance with this Law, if the Valuation Council has conducted valuation, the valuation requester shall bear asset valuation expense.

5. The involved parties' obligation to bear asset price appraisal expense is the same as the obligation to bear asset valuation expense prescribed in Clauses 1, 3 and 4 of this Article.

Article 367. Handling of asset valuation expense advance

1. If the person who has paid an asset valuation expense advance is not liable to bear such expense, the person who has to bear such expenses under the court ruling shall refund such advance to the former.

2. If the person who has paid an asset valuation expense advance is liable to bear such expense and the paid advance is smaller than the actual asset valuation expense, he/she shall pay the deficit; if the paid advance is larger than the actual asset valuation expense, he/she will have the surplus refunded.

Article 368. Expenses for witnesses

1. The involved parties shall bear reasonable and actual expenses to be paid to witnesses.

2. The person who requests the court to summon a witness shall bear expenses to be paid to this witness if his/her testimonies are truthful but do not satisfy the requester’s claim. If testimonies are truthful and have satisfied the requester’s claim, such expenses shall be borne by the involved party that makes a claim which is independent from the requester’s.

Article 369. Expenses for interpreters and lawyers

1. Expense for an interpreter means a sum of money to be paid to the interpreter during the settlement of an administrative case as agreed by the involved parties and interpreter or prescribed by law.

2. Expense for a lawyer means a sum of money to be paid to the lawyer as agreed by the involved parties and lawyer in accordance with regulations of the law-practicing organization and law.

3. Expenses for interpreters and lawyers shall be borne by requesters, unless otherwise agreed by the involved parties.

4. If the court requests interpreters, it shall pay expenses for such interpreters.

Article 370. Specific provisions on other procedural expenses

Pursuant to this Law, the National Assembly Standing Committee shall specify expenses for offshore judicial mandate, on-spot consideration and appraisal, expert examination and asset valuation, and witnesses and interpreters, other procedural expenses prescribed by other laws, and procedural expense exemption or reduction during the settlement of cases.