Chương IV Nghị quyết 326/2016/UBTVQH14: Án phí trong vụ án hành chính

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.