Chương VI Nghị quyết 326/2016/UBTVQH14: Khiếu nại và điều khoản thi hành

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.