Nghị quyết 326/2016/UBTVQH14 quy định về mức thu, miễn, giảm, thu, nộp, quản lý và sử dụng án phí và lệ phí Tòa án do Ủy ban Thường vụ Quốc hội ban hành

RESOLUTION

ON COURT COSTS AND FEES AND REMISSION, COLLECTION, PAYMENT, MANAGEMENT AND USE THEREOF

STANDING COMMITTEE OF NATIONAL ASSEMBLY
OF THE SOCIALIST REPUBLIC OF VIETNAM

Pursuant to the Constitution of the Socialist Republic of Vietnam;

Pursuant to the Law on Organization of the National Assembly No. 57/2014/QH13 dated November 20, 2014;

Pursuant to the Law on Fees and Charges No. 97/2015/QH13 dated November 25, 2015;

At the request of the Government in the Statement No. 377/TTr-CP dated October 05, 2016; the amended Statement No. 571/TTr-CP dated December 19, 2016 and the Assessment Report No. 262/BC-UBTCNS 14 dated December 19, 2016 of the Committee of Finance and Budget.

HEREBY RESOLVE:

Chapter I

GENERAL PROVISIONS

Article 1. Scope

This Resolution specifies the court costs and fees, court cost and fee advances; obligation to pay court cost and fee advances; obligation to bear court costs and fees; cases not liable to payments of court costs and fees or are eligible for the remission of the payments thereof; consideration of the remission of court cost and fee advances and court costs and fees, time limit for making such payments and regime for collecting, making, managing and handling such payments; settlement of complaints on court costs and fees; control and supervision of the collection, payment, remission of court costs and fees, and handling of the complaints thereof.

Article 2. Regulated entities

This Resolution is applicable to agencies, organizations and individuals related to the court costs and fees.

Article 3. Court costs

1. Court costs shall include:

a. Criminal court cost.

b. Civil court costs, including the cost of settlement of civil, marriage and family, business, commercial or labor disputes.

c. Administrative court cost

2. The court costs specified in clause 1 of this Article include first-instance and appellate court costs.

Article 4. Court fees

1. Fee for settlement of civil, marriage and family, business, commercial or labor disputes within the competence of the court specified in clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10, Article 27; clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11, Article 29; clauses 1 and 6, Article 31; clauses 1 and 5, Article 33 of the Civil Procedure Code.

2. Fee for recognition and enforcement of the judgments and rulings of foreign courts or foreign competent agencies in Vietnam, or non-recognition of the judgments and rulings thereof, or recognition and enforcement of the foreign arbitral awards in Vietnam, including:

a. Fee for recognition and enforcement of the judgments and rulings of foreign courts or foreign competent agencies in Vietnam, or non-recognition of the judgments and rulings thereof, or recognition and enforcement of the foreign arbitral awards specified in clause 5, Article 27; clause 9, Article 29; clause 4 and clause 5, Article 31; clause 3 and clause 4, Article 33 of the Civil Procedure Code.

b. Fee for appealing against the court decision on recognition and enforcement of the judgments and rulings of foreign courts in Vietnam; and foreign arbitral awards.

3. Fee for handling the request related to the Vietnamese commercial arbitrator's settlement of disputes specified in the law on commercial arbitration.

4. Fee for filling applications for opening bankruptcy procedures.

5. Fee for consideration of the lawfulness of strikes.

6. Fee for arrest of seagoing ships or aircraft.

7. Fee for judicial assistance by foreign courts in Vietnam.

8. Fee for judicial assistance

9. Fees for issuance of copies of papers and photocopying of documents at courts, including:

a. Fee for photocopying of documents and evidence in case files compiled by courts.

b. Fee for issuance of copies of court judgments and rulings.

c. Fee for issuance of copies of certificates of criminal record obliteration.

d. Fee for issuance of copies of other papers of courts.

Article 5. Court cost and fee advances

1. Court cost advance includes the advances of first-instance and appellate court costs.

2. Court fee advance for settlement of civil matters includes the advances of first-instance and appellate court fees which shall be paid for the appeals against first-instance court rulings under the Civil Procedure Code.

Article 6. Court cost and fee amounts

1. Court cost and fee amounts specified in the List of court costs and fees attached to this Resolution.

2. As for cases of civil, marriage, family, business, commercial and labor disputes and administrative cases which are settled under the simplified procedure, the court fee amounts shall be equal to 50% of the amounts specified in section A of the list of court costs and fees hereto.

Article 7. Court cost and fee advances

1. The amount of appellate civil court cost advance in criminal cases is equal to the amount of appellate civil court cost advance.

2. The amount of the first-instance civil court cost advance in a civil case without a monetary value is equal to the amount of the first-instance civil court cost without a monetary value. The amount of the first-instance court cost advance in a civil case involving a monetary value is equal to 50% of the first-instance civil court cost amount estimated by the courts, based on the value of the disputed property to be settled at the request of the involved parties. The minimum value of such advance is not less than the first-instance court cost amount in a civil case without a monetary value.

The amount of the appellate court cost advance in a civil case is equal to the amount of the appellate civil court cost advance.

3. The amount of the first-instance administrative court cost advance is equal to the amount of the first-instance administrative court cost. The amount of the appellate administrative court cost advance is equal to the amount of the appellate administrative court cost. The amount of the appellate civil court cost advance in an administrative case is equal to the amount of the appellate civil court cost advance.

4. As for cases of civil, marriage and family, business, commercial and labor disputes and administrative cases which are settled under the simplified procedure, the amounts of court cost advances are equal to 50% of the amounts of the court cost advances specified in clauses 2 and 3 of this Article.

5. The amount of the first-instance court fee advance for settlement of a civil matter is equal to the first-instance court fee for the settlement thereof.

6. The amount of appellate court fee advance for settlement of a civil matter is equal to the appellate court fee for settlement thereof.

Article 8. Property price used as the basis for collecting court cost advances

1. Property price used as the basis for collecting court cost advances shall be applied according to the order of precedence from point a to point d of this clause as follows:

a. Price stipulated by the competent regulatory agency.

b. Price provided by the valuation enterprise.

c. Price specified in the document enclosed with the case file.

d. Market price at the time and place of determination of the property price.

dd. In cases where the price of the disputed property cannot be determined based on points a, b, c and d, clause 1 of this Article, the court shall request the finance authority in writing to give their opinions on how such property can be determined. Within 03 working days after receiving the request document, the finance authority shall provide their opinions. At the end of this period, if the court does not receive the written opinions from the finance authority, they shall set the court cost advances.

2. If the property price may be determined based on one of the bases mentioned in points a, b, c and d, clause 1 of this Article to calculate the court cost advances, subsequent bases shall not be considered further.

Article 9. Obligations to pay for court cost and fee advances and court costs and fees

Agencies, organizations and individuals shall pay for the court cost and fee advances, and court costs and fees, unless they are not required to or are eligible for the full remission thereof as specified in the regulations of this Resolution.

Article 10. Agencies collecting court cost and fee advances and court costs and fees

1. Civil judgment enforcement agencies may collect court costs specified in Article 3 and court fees specified in clause 1, clause 2b, clauses 4, 5 and 8 of Article 4 hereof.

2. Courts may collect court fees specified in clause 2a, clauses 3, 6 and 9, Article 4; clause 4, Article 39 hereof.

3. The Ministry of Foreign Affairs may collect court fees specified in clause 7, Article 4 hereof.

4. Agencies competent to collect court costs and fees which are specified in clauses 1 and 2 of this Article may collect court cost and fee advances.

Article 11. Cases unrequired to pay for court cost and fee advances and are not subject to court costs and fees

1. The following entities are not required to pay for court cost advances and not subject to court costs:

a. Parties who lodge complaints about or file lawsuits against lists of voters to elect National Assembly deputies or People's Council deputies; lists of voters in the referendum;

b. Agencies, organizations and individuals who file civil lawsuits or appeal against the judgment and/or ruling which has not come into effect of the court to protect the rights and legitimate interests of other persons, public or state interests as specified in Article 187 of the Criminal Procedure Code, except for the cases in which the state enterprise files the lawsuit related to its business operation;

c. Vietnam Bank for Social Policy which files the lawsuit or appeals against the judgment and/or ruling which has not come into effect of the court to collect debts from the poor and other policy beneficiaries;

d. Procuracies which protest against court judgments and rulings under the appellate procedures;

dd. Defense counsels of the defendants who are under the age of 18 or are mentally or physically disabled;

e. Defenders for the legitimate rights and interests of the victims, litigants who are under the age of 18 or are mentally or physically disabled;

f. Other entities which are not required to pay for the court cost and fee advances as regulated by laws.

2. The following entities are not required to pay for the court cost and fee advances and are not subject to court fees:

a. Laborers who request the courts in writing to open procedures for bankruptcy of enterprises or cooperatives mentioned in clause 2, Article 5, clause 1a, Article 105 of the Law on bankruptcy;

b. Grassroots trade union executive boards which request the courts to examine the lawfulness of strikes;

c. Representatives of labor collectives who request the courts to examine the lawfulness of strikes;

d. Agencies and organizations which request the courts to invalidate unlawful marriages; change the custodians of the children; restrict the parental rights over adolescents; require the persons involuntarily to fulfill their support obligations to carry out such obligations as specified in clause 2 of Article 10, clause 5 of Article 84, clause 2 of Article 86, clause 2 of Article 119 of the Law on Marriage and Family; the regulatory agencies shall require the courts to provide copies of their judgments;

dd. Procuracies which protest against court judgments and rulings under the appellate procedures;

e. Other entities which are not required to pay for the court cost and fee advances as regulated by laws.

3. The consumers who file civil lawsuits to protect their legitimate rights and interests are not required to pay for the court cost and fee advances according to clause 2, Article 43 of the Law on protection of consumers’ rights.

4. Enforcers who require the Court to settle the disputes specified in clause 1, Article 74; clause 1 and clause 2, Article 75 of the Law on Civil Judgment Enforcement are not required to pay for the court cost and fee advances; and are not subject to court costs and fees.

Article 12. Full remission of court cost and fee advances and court costs and fees

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 party.

Article 13. Partial remission of court cost and fee advances and court costs and fees

1. Persons who witness force majeure events that make them unable to pay for court cost and fee advances and court costs and fees as confirmed by the People’s Committee of their commune shall be approved to have a partial remission of 50% of the payment thereof.

2. Persons mentioned in clause 1 of this Article shall be subject to the whole court costs and fees if they:

c. Can prove that the persons getting the partial remission of court cost and fee advances and court costs and fees are not those who witness the force majeure events that make them having no properties to pay for the sums thereof.

b. Have properties which are used to pay for the whole court costs and fees that they have to bear according to the effective judgments and/or rulings of the Court.

3. If the parties agree that one party shall be subject to the full court cost or a partial court cost but this party is eligible for the partial remission thereof, the court shall only consider approving the partial remission of 50% of the court cost to which such party is subject as specified in the regulations hereof.

They shall not get a partial remission for the court costs and fees of another person who they help to pay.

Article 14. Application for remission of court cost and fee advances and court costs and fees

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.

Article 15. Competence to examine applications for the remission of court cost advances and court costs

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.

Article 16. Competence to approve the remission of court fee advances and court fees

1. 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.

2. 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.

3. 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.

4. 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.

5. 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.

Article 17. Time limit for payment of court cost and fee advances and court costs and fees

1. Time limit for paying civil court cost advances:

a. 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.

b. 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.

2. Time limit for paying administrative court cost advances:

a. 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.

b. 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.

3. Time limit for paying court fee advances:

a. 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.

b. Other court fee advances: the parties appealing against the court's decisions specified in clause 5, Article 38, clause 4, Article 39 hereof 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.

4. Cases with plausible reasons mentioned in clauses 1, 2 and 3 of this Article 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.

5. Time limit for paying court costs and fees:

a. 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.

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

Article 18. Handling of court cost and fee advances and court costs and fees

1. If the handling of civil and administrative matters is suspended, the paid court cost and fee advance amounts shall be handled after the handling of these cases resumes.

2. If the Court decides to suspend the handling of civil cases specified in Clause 1a and Clause 1b, Article 217 of the Criminal Procedure Code or the plaintiff who has been validly summoned for the second time is still absent as specified in clause 1c of Article 217, clause 2 of Article 312 of the Criminal Procedure Code or Clause 1a and Clause 1dd, Article 143, clause 5 of Article 241 of the Law on Administrative Procedures, the paid court cost advance amounts shall be contributed to the state fund.

If the court decides to suspend the handling of civil cases because the defendants who make counter-claims and the persons with related interests and obligations that make independent claims are still absent after being validly summoned for the second time, the paid court cost advance amounts shall be contributed to the state fund.

3. In case where the Court decides to suspend the handling of civil cases because the appealing parties withdraw their appeal request specified in clause 1c, Article 217 of the Criminal Procedure Code and other cases mentioned in points d, dd, e, and g, clause 1, Article 217 of the Criminal Procedure Code, or suspend the handling of civil cases involving foreign elements specified in clause 1, Article 472 of the Criminal Procedure Code or the handling of administrative cases specified in points b, c, e, d, g and h, clause 1, Article 143 of the Law on Administrative Procedures, the paid court cost advance amounts shall be returned to the payer.

If the Court decides to suspend the handling of civil cases because the defendants withdraw their counter claim or the persons with related interests or obligations that make independent claims withdraw their request, the paid court cost advance amount shall be returned to the payer.

If the cassation courts or the re-opening trial courts quash the civil first-instance or appellate judgments in order to open a re-trial following the first-instance procedures, after the first-instance court re-handle the case and decides to suspend the handling of the civil case because the involved parties withdraw their lawsuit petitions, the paid court cost advance amount and the paid court cost amount shall be returned to the payer.

4. If the appellate courts, cassation courts or re-opening trial courts quash the first-instance judgments in order to open a re-trial following the first-instance procedures because the capacity of the involved parties is wrongly determined, the first-instance court shall return the paid court cost advance amount and the paid court cost amount to such involved parties; at the same time, they shall re-determine which parties must pay for the sums thereof.

5. In case where the Court decides to terminate the examination of applications specified in clause 2c, Article 266, Article 382, clause 3 of Article 388, clause 3 of Article 392 of the Criminal Procedure Code, the paid court fee advance amounts shall be contributed to the state fund.

6. In case where the court of cassation quashes the appellate judgments or rulings but upholds the annulled or amended first-instance judgments or rulings of the inferior courts, the court costs and fees shall be determined.

If the cassation courts or the re-opening trial courts quash the Court’s given judgments or rulings and suspend the handling of the case, the court cost and fees shall be determined.

7. In case where the effective first-instance or appellate court judgments or rulings is reviewed and quashed under cassation or re-opening procedure but the court cost advance or court cost was returned to the petitioner or appellant, the petitioner or appellant must re-pay the court cost advance when the first instance court or appellate court re-accept the case.

Article 19. Collection, payment and management of court cost and fee advances and court costs and fees

1. All court costs and fees which have been collected must be fully and timely contributed to the state budget.

2. Agencies competent to collect court cost and fee advances and court costs and fees shall use the receipts as regulated by laws.

3. The agency collecting court costs and fees shall open a temporary state budget account at the State Treasury in order to collect the court cost and fee advances.

4. Monthly, no later than the 5th day of the following month, the collection agency shall pay 100% of the collected amounts of court cost and fee advances to the temporary state budget account at the State Treasury.

5. The court cost and fee advances shall be paid to the temporary state budget account when the Court announces that the payer who paid for the advances must bear the court costs and fees. The collection agency shall declare the amounts of court costs and fees which have been collected monthly and make a payment of such costs and fees to the state budget, as well as submitting the annual final account statement according to the Law on Tax Management.

6. In case where a payer of court cost or fee advance, court cost or fee is entitled to be refunded partial or full amount thereof according to a court judgment which is legally effective, the collecting agency may deduct such amount from a temporarily collect account in the State Treasury to make the refund, and then declare and make a statement of court costs and fees with the tax authority in accordance with the Law on Tax Administration.

Article 20. Control and supervision of the collection, payment, remission of the court costs and fees and handling of complaints thereof

Procuracies shall supervise the collection, payment, remission of the court costs and fees and the handling of complaints thereof as regulated by laws.

Chapter II

COURT COSTS IN CRIMINAL CASES

Article 21. Court costs in criminal cases

1. First-instance criminal court cost.

2. Appellate criminal court cost.

3. First-instance civil court cost for courts which also handle the civil parts of criminal cases, including the first-instance civil court cost that involves or does not involve a monetary value.

4. Appellate civil court cost for the civil parts of criminal cases which have been appealed against.

Article 22. Obligation to pay for the court cost advances in criminal cases

1. The defendants in criminal cases are not required to pay for the advances of the first-instance and appellate criminal court costs and the first-instance and appellate civil court costs.

2. The victims, plaintiffs and defendants and persons with related interests and obligations in criminal cases are not required to pay the advances of the first-instance and appellate criminal court costs and first-instance civil court costs.

3. Victims, defendants and plaintiffs in civil cases and persons with related interests and obligations in criminal cases who appeal against the civil parts shall pay for the first-instance civil court cost advances, unless they are not required to pay for these advances or are eligible for the full remission hereof as specified in this Decree. The obligations to pay for the first-instance civil court cost advances specified in Article 28 hereof and time limit for paying the appellate civil court cost advances specified in clause 1b, Article 17 hereof shall be complied with.

Article 23. Obligations to bear the court costs in criminal cases

1. Obligations to bear the first-instance court costs in criminal cases:

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

b. 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.

c. 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 hereof.

d. 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.

dd. 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.

e. 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.

f. 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.

g. 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.

2. Obligations to bear the appellate court costs in criminal cases:

a. 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.

b. 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.

c. 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.

d. 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.

e. 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.

f. 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.

g. 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.

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

Chapter III

COURT COSTS IN CIVIL CASES

Article 24. Types of court cost in criminal cases

1. The types of civil court cost include:

a. First-instance civil court costs for criminal cases that involve no monetary value.

b. First-instance civil court costs for civil cases that involve a monetary value.

c. Appellate civil court costs.

2. Civil cases involving no monetary value means cases in which claims of involved parties are not sums of money or cannot be valued in specific sums of money.

3. Civil cases involving a monetary value means cases in which claims of involved parties are sums of money or properties which can be valued in sums of money.

Article 25. Obligations to pay for the advances of the first-instance civil court costs

1. Plaintiffs, defendants who make counterclaims against the plaintiffs, and persons with related interests and obligations that make independent claims in cases involving civil, marriage and family, business, commercial or labor disputes shall pay for the advances of the first-instance civil court costs, unless they are not required to pay for the court cost advances or are eligible to receive the full remission thereof as specified in this Resolution.

2. For a case with more than one plaintiffs each of whom makes an independent claim, each plaintiff shall pay a court cost advance for his/her/its own claim. If these plaintiffs make the same claim, they shall jointly pay for the court cost advance.

3. For a case with more than one defendant each of whom makes an independent counter-claim, each defendant shall pay a court cost advance for his/her/its own claim. If these plaintiffs make the same counter-claim, they shall jointly pay for the court cost advance.

4. For a case with more than one person with related interests or obligations that make an independent claim, each of them shall pay the court cost advance for the claim. If these people make the same claim, they shall jointly pay for the same court cost advance.

5. For a case where the handling of the civil matter is suspended for settlement as specified in clause 5, Article 397 of the Criminal Procedure Code, the Court shall require the involved parties to pay for the court cost advance in order for the Court to settle the dispute by following the general procedures.

Article 26. Obligations to pay for the first-instance civil court costs

1. The involved parties shall pay for the first-instance civil court costs if their claims are not approved by the court, unless they are eligible for the full remission thereof.

2. Defendants shall bear all first-instance civil court costs in case where the plaintiffs’ claims are wholly accepted by the courts.

3. Plaintiffs shall bear all first-instance civil court costs in case where the plaintiffs’ claims are whole unaccepted by the courts.

4. Plaintiffs shall bear the first-instance civil court costs in proportion to parts of their claims which are unaccepted by the courts. The plaintiffs shall bear the first-instance civil court costs in proportion to parts of their claims which are accepted by the courts.

5. Defendants making counter-claims shall bear the first-instance civil court costs for the parts of their counter-claims which are unaccepted by the courts. The plaintiffs shall bear the first-instance civil court costs for parts of their counter-claims which are accepted by the courts.

6. Persons with related interests and obligations making independent claims shall bear the first-instance civil court costs in proportion to parts of their independent claims unaccepted by courts. Obligors under independent claims of persons with related interests and obligations shall bear the first-instance civil court costs in proportion to parts of independent claims accepted by the courts.

7. If the involved parties can reach an agreement about the handling of their case during the conciliation conducted by the courts before opening a hearing, they shall bear 50% of the court cost amount, even if the case involves no monetary value. _<0

8. If the involved parties reach an agreement about the handling of their case at the first-instance court cost, they shall still bear the first-instance court cost as if their case was tried. In case where the involved parties reach an agreement about the handling of their case at the hearing that follows the simplified procedure specified in clause 3, Article 320 of the Criminal Procedure Code, they shall bear 50% of the court cost for the handling of such case under the procedure thereof.

9. In case where a party is not required to bear the court cost or he/she is eligible for the full remission of first-instance civil court cost, other parties must bear the cost thereof as specified in this Article.

10. If the case is temporarily suspended, the obligation to bear the first-instance court cost shall be imposed when the case is resumed according to the regulations hereof.

11. The plaintiffs in a civil case brought to courts by the agencies, organizations or individuals to protect the rights and interests of other parties shall not bear the first-instance court cost.

Article 27. Obligations to bear the first-instance court costs in some specific cases

1. For disputes over the property recovery from lending and temporary staying, the involved parties shall bear the first-instance civil court costs as if the cases do not have a monetary value. In case of disputes aside from the property recovery from lending and temporary staying, if the involved parties also have disputes over damage compensation and request the handling from the court, such involved parties shall bear the court costs that do not involve a monetary value for the property recovery from lending and temporary staying, and the court costs that involve a monetary value for the damage compensation.

2. For disputes over property ownership and land use rights, the obligation to pay for the first-instance civil court costs shall be imposed as follows:

a. For disputes over the property ownership and land use rights of which the value is not determined by the Court but only the ownership of such property and rights is considered, then the involved parties shall bear the first-instance civil court costs as if the cases do not have a monetary value.

b. For disputes over the ownership of properties and land use rights when the Court has to determine the value of the property and the ownership by portion, the involved parties shall bear the first-instance civil court costs for the value enjoyed.

3. For disputes over the contract of invalid sale and purchase of properties and transfer of land use rights, the obligations to bear the first-instance civil court costs shall be imposed as follows:

a. In case where one party requests the recognition of the contract for sale of property and transfer of land use right and another party requests the declaration of the invalidity of the above-mentioned contract and nothing else, if the court declares that the contract is invalid, the party requesting such recognition must bear the court cost as for the case without a monetary value; if the court declares to recognize the contract, the party requesting the invalidity declaration must bear the court cost as for the civil case without a monetary value.

b. In case one party requests the recognition of the contract for sale or purchase of property and transfer of land use right and one party requests the declaration of the invalidity of the above-mentioned contract and requests the Court to settle the consequence of the invalid contract, in addition to the bearing the court cost without a monetary value as guided in clause 3a of this Article, the person fulfilling the obligations on the property or damage compensation shall bear the court cost as for the civil case with a monetary value.

4. In case of dispute over the contract for sale or purchase of property and transfer of land use rights, one party requests for the reimbursement of the deposit and deposit penalty, and one party accepts to return the received deposit and does not accept the deposit penalty, but the Court accepts such deposit penalty, then the party that does not accept the deposit penalty shall bear the court cost as for the civil case with a monetary value of the deposit penalty. If the Court does not accept the deposit penalty, the party that requests such deposit penalty shall bear the court cost as for the civil case with a monetary value of the deposit penalty.

5. As for disputes over marriage and family, the obligations to bear the first-instance civil court costs shall be imposed as follows:

a. The plaintiffs shall bear the first-instance civil court cost in the case of divorce, not depending on whether the Court accepts their lawsuit petition or not. If the parties agree to the divorce, they shall each pay for 50% of the court cost.

b. Aside from bearing the first-instance civil court cost as guided in clause 1a, Article 24 hereof, the involved parties in the case of marriage and family with dispute over the division of common property of spouses shall also bear the court cost for the property in dispute as to the civil case with a monetary value corresponding to the value of the property portion divided among each of them.

c. If the spouses request another person to fulfill the property obligations and the Court accepts the request from the spouses, then the obligor of the property shall bear the first-instance civil court cost for the value of the divided property as required; if the spouses cannot agree to divide the property between them but include it as a common property and request the handling from the Court, each of them shall bear the civil court cost corresponding to the value of the property divided among them.

d. If the involved parties agree to divide the common property among them and request the Court to record such division in the judgment or ruling before the conciliation, the involved parties are not required to bear the first-instance civil court cost for the common property.

dd. In case where the Court has started the conciliation and during such conciliation, the involved parties cannot reach an agreement on dividing the common property among them, but before the opening of the hearing, they eventually reach an agreement and request the Court to record such division in the judgment or ruling, this agreement is regarded as being reached during the conciliation and the involved parties shall bear 50% of the first-instance civil court cost which corresponds to the value of the property portion divided among them.

e. If the involved parties have a dispute over the division of common properties and their obligations to such properties, the Court shall start conciliation and the involved parties shall reach an agreement on the division of some common properties and their obligations to such properties. If they fail to reach an agreement upon other common properties and their obligations to such properties, they shall still bear the court cost for the division thereof.

6. As for the cases related to support obligations, the obligations to bear the first-instance civil court costs shall be imposed as follows:

a. The party who is obliged to provide periodical or lump-sum support as specified in the decision of the Court shall bear the first-instance civil court cost as to the civil case with no monetary value.

b. If the involved parties can reach an agreement on the support rate and method prior to the trial but request the Court to record in the judgment or decision, the party with the support obligations shall bear 50% of the first-instance civil court cost as to the civil case without a monetary value; if the agreement is reached during the trial, the person with the support obligations shall bear the first-instance civil court cost as to the civil case without a monetary value.

c. If the involved parties can reach an agreement on the support method (even the lump sum support), but they cannot agree about the support rate, the party with the support obligations shall bear the first-instance civil court cost as to the civil case with no monetary value.

d. If the involved parties cannot reach an agreement on the support method but the support rate, the party with the support obligations shall bear the first-instance civil court cost as to the civil case without a monetary value.

dd. If the involved parties have disputes over the support (support rate and method) and the Court decides the periodical and monthly support rate and method, the party with support obligations shall bear the first-instance civil court cost as to the civil case without a monetary value.

7. As for the cases related to the common properties or inheritances, the obligations to bear the first-instance civil court costs shall be imposed as follows:

a. If the involved parties cannot determine their property portion or each of them determine that their property portions in the common properties or common inheritances are different and under dispute, and one party requests the Court to handle the division thereof, then each of them shall bear the first-instance civil court cost which corresponds to the value of the properties or inheritances divided among them. If the Court denies the written requests, the party requesting the division of common properties and inheritances shall bear the first-instance civil court cost. If the Court determines that the common properties or inheritances which the involved parties request a division are not their properties, the involved parties shall bear the first-instance civil court cost without a monetary value.

b. In case where the involved parties request the division of common properties and inheritances but the property obligations to a third party must be considered, then:

The involved parties shall bear the first-instance civil court cost for the properties divided among them after subtracting the value of the property used to fulfill the obligations to a third party; the involved parties shall bear an equal partial court cost for the property portion used to fulfill the obligations to the third party as specified in the decision of the Court.

If a third party as the person with related interests and obligations does not make an independent claim or makes an independent claim accepted by the Court, he/she is not required to bear the court cost for the property portion given to him/her.

If the third party makes an independent claim but such claim is not accepted by the Court, then he/she shall bear the civil court cost with a monetary value for his/her unaccepted request.

Article 28. Obligations to pay for the advances of the appellate civil court costs

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.

Article 29. Obligations to bear the appellate civil court costs

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.

Chapter IV

COURT COSTS IN ADMINISTRATIVE CASES

Article 30. Types of court cost in administrative cases

1. First-instance administrative court cost.

2. Appellate administrative court cost.

3. First-instance civil court cost in cases involving claims for damages, including first-instance civil cases that involve or do not involve a monetary value.

4. Appellate civil court cost in cases involving appeals against the damage compensations.

Article 31. Obligations to pay for the advances of first-instance court costs in administrative cases

1. The petitioner of an administrative case or the person with related interests and obligations that makes an independent claim in an administrative case shall pay for the advance of the first-instance administrative court cost, unless he/she is not required to pay for the court cost advance or is eligible for the full remission of payment thereof as specified in this Resolution.

2. The party claiming the damage compensation in an administrative case is not required to pay for the advance of first-instance civil court cost.

3. If the handling of the case is suspended, the obligation to pay for the first-instance court cost shall be determined after the case is resumed as specified in this Article.

Article 32. Obligations to pay for the first-instance court costs in administrative cases

1. The involved parties shall bear the first-instance administrative court cost if their requests are not approved by the Court, unless they are eligible for the full remission of payment thereof or are not required to bear the first-instance administrative court cost.

2. If the person mentioned in an administrative decision, disciplinary decision on dismissal, complaint settlement decision related to a competition dispute and the person making a list of National Assembly Candidates, a list of deputies of People's Councils, and a list of electorates of referendum are sued, they shall bear the first-instance administrative court cost when the Court accepts the partial or the whole claim of the petitioner.

3. If the defendant annuls an administrative decision, a disciplinary decision and a settlement decision on a competition case or terminates a sued-administrative act, and the petitioner agrees to withdraw the petition or the person with related interests and obligations withdraws his/her independent claim, then the court cost advance shall be returned to the payer.

4. Before opening a trial, the Court shall start a discussion between the parties. If the involved parties reach an agreement on the settlement of the case, they shall only bear 50% of the first-instance administrative cost.

5. For a case where there is one party eligible for the full remission of the first-instance court cost, other parties shall still pay for the cost thereof as required in clauses 1 and 2 of this Article.

6. The person who makes a claim on the property damage compensation shall bear the court cost if his/her claim is not accepted by the Court.

7. The obligations to bear the first-instance civil court costs in administrative cases shall be imposed in accordance with the regulations in Articles 26 and 27 hereof.

Article 33. Obligations to bear the appellate court cost advances in administrative cases

1. The appellant shall pay for the advance of the appellate administrative court cost, unless he/she is not required to pay for the court cost advance or is eligible for the full remission of payment thereof as specified in this Resolution.

2. The involved parties in an administrative case who appeal against the damage compensation shall pay for the advance of the appellate civil court cost, unless they are not required to pay for the court cost advance or are eligible for the full remission of payment thereof as specified in this Resolution.

Article 34. Obligations to bear the appellate court costs in administrative cases

1. If the Appellate Court upholds the first-instance judgment or ruling, the appellant shall pay for the appellate court cost, unless he/she is eligible for the full remission or is not required to pay for the cost thereof.

2. If the Appellate Court modifies the appealed first-instance judgment or ruling, the appellant is not required to pay for the appellate court cost; the Appellate Court shall re-determine the obligations to pay for the first-instance court cost as specified in Article 348 of the Law on Administrative Procedures and Article 32 hereof.

3. If the Appellate Court quashes the appealed first-instance judgment or ruling to open a re-trial, the appellant is not required to pay for the appellate court cost; the obligations to pay for the court cost shall be re-determined during the first-instance re-trial.

4. The involved parties who withdraw their appeals before the appeal hearing shall bear 50% of the appellate administrative court cost. The involved parties who withdraw their appeals at the appeal hearing shall bear the whole appellate administrative court cost.

5. Before the appeal hearing or during such hearing, if the petitioner withdraws his/her petition and other parties agree on such withdrawal, the involved parties shall still bear the first-instance court cost as specified in the decision of the Appellate Court and shall bear 50% of the appellate court cost as regulated by laws.

6. The party that appeals against the decision on damage compensation of the first-instance judgment shall bear the appellate civil court cost as specified in Article 29 hereof.

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

8. If the appeal hearing is suspended because the appellant is absent after being validly summoned by the Court for the second time, the court cost advance shall be contributed into the state fund.

Chapter V

COURT FEES

Section 1. COURT FEES FOR THE SETTLEMENT OF CIVIL CASES

Article 35. Types of court fee for the settlement of civil matters

1. First-instance court fees for the settlement of civil, marriage and family, business, commercial or labor disputes.

2. Appellate court fees for the settlement of civil, marriage and family, business, commercial or labor disputes.

Article 36. Obligations to pay for the advances of first-instance or appellate court fees

1. The petitioners who file the civil lawsuits specified in clauses 1, 2, 3, 4, 6, 7, 8, 9 and 10, Article 27; clauses 1, 2, 3, 4, 5, 6, 7, 8, 10 and 11, Article 29; clauses 1 and 6 of Article 31; clauses 1 and 5, Article 33 of the Criminal Procedure Code shall pay the court fee advances for the Court to settle such matters, unless they are eligible for the full remission or are not required to pay for the advances thereof according to the regulations hereof.

As for petition for recognition of amicable divorce, agreement on child custody and property division after divorce, the spouses may reach an agreement on payment of court fee advances, unless they are eligible for the full remission or are not required to pay for the advances thereof as regulated by laws. If the spouses cannot reach an agreement about who will pay for the above-mentioned advances, each of them shall pay 50% of the court fee advances.

2. The parties that appeal against the court decisions on civil matters specified in clauses 1, 2, 3, 4, 6, 8, 9 and 10, Article 27; clauses 1, 4, 5, 6, 7, 8, 10 and 11, Article 29; clauses 1 and 6, Article 31; clauses 1 and 5, Article 33 of the Criminal Procedure Code shall pay for the advances of the appellate court fees, unless they are eligible for the full remission or are not required to pay for the court fee advances specified in this Resolution.

Article 37. Obligations to bear the first-instance or appellate court fees for settlement of civil matters

1. The party that requests the Court to settle the civil matter shall bear the first-instance court fee, not depending on whether the court accepts their petition or not, unless they are not required to bear the court fee or are eligible for the full remission of the fee thereof as specified in this Resolution.

2. The appellant is not required to bear the appellate court fee if his/her appeal is accepted by the Court; he/she must bear the appellate court fee if his/her appeal is not accepted by the Court.

3. As for petition for recognition of uncontested divorce, child custody and property division after divorce, the spouses may reach an agreement on the liability for the court fee, unless they are eligible for the full remission or are not required to bear the fee thereof as regulated by laws. If the spouses cannot reach an agreement on who is liable to pay for the court fee, then each of them shall pay for 50% of the fee thereof.

Section 2. OTHER TYPES OF COURT FEES

Article 38. Fees for recognition and enforcement of civil judgments and rulings of foreign courts in Vietnam; and foreign arbitral awards

Agencies, organizations and individuals shall pay for the court fees if they:

1. Request the Vietnam’s Court to recognize and permit the enforcement of the judgment and ruling of the Foreign Court or the foreign competent agency in Vietnam.

2. Request the Vietnam’s Court not to recognize the civil judgment and ruling of the Foreign Court or the foreign competent agency.

3. Request the Vietnam’s Court not to recognize the civil judgment or ruling of the Foreign Court or the foreign competent agency that does not request the enforcement thereof in Vietnam.

4. Request the Vietnam’s Court to recognize and permit the enforcement of the foreign arbitral award in Vietnam.

5. Appeal the Court Decision about the requests specified in clauses 1, 2, 3 and 4 of this Article, in case their appeal is not accepted by the Court.

Article 39. Court fee for settlement of the request related to the Vietnamese commercial arbitration's settlement of disputes as specified in the law regulations on commercial arbitration

The petitioner who requests the Court to settle the civil matters related to the Vietnam’s commercial arbitration activities shall pay for the court fees if they:

1. Request for designation or change of an arbitrator.

2. Request for application, change or cancellation of an urgent provisional measure.

3. Request for cancellation of an arbitral award or registration for the arbitral award.

4. Appeal against the Court Decision, in case the appeal is not accepted by the Court.

5. Request the Court to collect evidence and summon the witness.

6. Request the Court to settle other civil matters specified by Vietnam’s commercial arbitration law.

Article 40. Fees for submitting applications for opening of bankruptcy procedures

When filling applications for opening of bankruptcy procedures for enterprises and cooperatives, the following entities shall pay for the court fees: unsecured or partially secured creditors, legal representatives of enterprises and cooperatives; owners of private enterprises; Chairpersons of joint-stock companies; Chairpersons of the Members’ Councils of limited liability companies with more than one member; owners of one member limited liability companies; general partners of partnerships; shareholders or groups of shareholder of 20% of ordinary shares or above; cooperative members or legal representatives of members of cooperative groups.

Article 41. Court fees for consideration of the lawfulness of strikes

Employers that file requests for courts to consider the lawfulness of strikes shall pay a court fee.

Article 42. Court fees for arrests of seagoing ships or aircraft

Petitioners who request the Court to arrest seagoing ships or aircrafts shall pay a court fee.

Article 43. Court fees for judicial assistances by foreign courts in Vietnam

Foreign parties, under a judicially assistance, requesting Vietnamese courts to conduct certain civil procedure activities shall pay a court fee as specified in this Resolution. If the Socialist Republic of Vietnam and the foreign parties are not members of the international treaty on court fees for judicial assistance, the give and take principle shall be applied as specified in the law on legal assistance in civil matters.

Article 44. Fees for overseas judicial assistance

Agencies, organizations and individuals requesting the Court to settle civil matters which give rise to the requests for overseas judicial assistances shall pay the expenses as specified in this Resolution.

Article 45. Fees for provision of copies of papers and photocopying of documents at the Courts

Parties requesting the Court to issue the copies of papers and photocopy documents shall pay a Court fee.

Chapter VI

COMPLAINTS AND IMPLEMENTATION

Article 46. Settlement of complaints about the court costs and fees

1. Agencies, organizations and individuals may lodge complaints about the decisions or acts of the competent agencies or persons on court cost and fee advances or court costs and fees when having grounds to believe that these decisions or acts are unlawful and infringe upon their rights and legitimate interests.

2. Complaints against decisions or acts of heads of civil judgment enforcement agencies, executors associated with court costs and fees shall be handled in accordance with laws and regulations on civil judgment enforcement.

3. Agencies, organizations and individuals may lodge complaints with chief judges of first-instance courts within 03 working days after receiving court notices of payments of court cost and fee advances and court costs and fees or notices of the remission of the payments thereof. Chief Judges of the first-instance courts shall consider and settle these complaints within 03 working days after receiving them. Decisions of chief judges of the first-instance courts are final.

Complaints about the court costs and fees specified in the Court judgments or decisions shall be settled under the civil, criminal or administrative procedure law.

4. Complaints about the collection of court fees by the Ministry of Justice and the Ministry of Foreign Affairs shall be settled under the law on complaints.

Article 47. Entry into effect

1. This Resolution shall come into force from January 01, 2017.

2. From January 01, 2017, upon handling the civil, criminal or administrative matters under the first-instance or appellate procedures, the matters about the court cost and fee advances and court costs and fees shall be settled under the regulations hereof.

Article 48. Transitional provisions

1. For the cases handled by the Court for settlement under the first-instance and appellate procedures before January 01, 2017 but the actual settlement under the procedures thereof is carried out after January 01, 2017, then the decisions on court costs and fees shall be implemented under the Ordinance on Court Costs and Fees in 2009; in case where the involved parties or the convicts must bear the court costs and fees under the Ordinance in 2009 but are not required to bear such payments thereof under this Resolution, then the parties or convicts who are not required to pay such payments or are eligible for the remission shall implement the regulations of this Resolution.

2. For the court judgments or decisions which come into effect before January 01, 2017, the regulations hereof shall not be applied for protest under the procedures of cassation or retrial, unless there are other grounds for protest.

LIST

OF COURT COSTS AND FEES
(Enclosed with the Resolution No. 326/2016/UBTVQH14 dated December 30, 2016)

A. LIST OF COURT COSTS

B. LIST OF COURT FEES

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