Chương I Nghị quyết 326/2016/UBTVQH14: Những quy định chung

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.