This document outlines the specific circumstances under which individuals and entities are exempt from paying court fee advances and court fees in Vietnam, as stipulated by Resolution 326/2016/UBTVQH14 of the Standing Committee of the National Assembly.
1. Cases Exempt from Court Fee Advances and Court Fees
Pursuant to Clause 1, Article 11 of Resolution 326/2016/UBTVQH14, the following cases are exempt from paying court fee advances and court fees:
– Individuals filing complaints regarding voter lists for National Assembly elections, voter lists for People’s Council elections, or voter lists for referendums.
– Agencies, organizations, or individuals initiating civil lawsuits or appealing unenforced judgments or decisions of the Court to protect the legitimate rights and interests of others, public interests, or state interests, as regulated in Article 187 of the Civil Procedure Code, except where state-owned enterprises initiate lawsuits related to their business operations.
– Social Policy Bank initiating lawsuits or appealing unenforced judgments or decisions of the Court to recover debts in cases where the Social Policy Bank provides loans to the poor and other policy beneficiaries.
– The Procuracy appealing court judgments or decisions under appellate procedures.
– Defense counsel for defendants who are under 18 years of age or have mental or physical disabilities.
– Individuals protecting the legitimate rights and interests of victims or parties who are under 18 years of age or have mental or physical disabilities.
– Other cases exempt from paying court fee advances and court fees as prescribed by law.
2. Cases Exempt from Court Fee Advances and Court Fees
Pursuant to Clause 1, Article 11 of Resolution 326/2016/UBTVQH14, the following cases are exempt from paying court fee advances and court fees:
– Individuals filing applications for bankruptcy proceedings of enterprises or cooperatives as stipulated in Clause 2, Article 5, and Point a, Clause 1, Article 105 of the Law on Bankruptcy of Vietnam 2014.
– Executive committees of grassroots trade unions requesting the Court to review the legality of a strike.
– Representatives of employee collectives requesting the Court to review the legality of a strike.
– Competent agencies, organizations, or individuals requesting the Court to annul an illegal marriage; change the direct custodian of a child; restrict parental rights over a minor child; compel individuals who are unwilling to fulfill their alimony obligations to do so, as stipulated in Clause 2, Article 10, Clause 5, Article 84, Clause 2, Article 86, and Clause 2, Article 119 of the Law on Marriage and Family of Vietnam 2014; state agencies requesting the Court to provide copies or extracts of judgments.
– The Procuracy appealing court decisions under appellate procedures.
– Other cases exempt from paying court fee advances and court fees as prescribed by law.
Note:
- Consumers initiating civil lawsuits to protect their legitimate rights and interests are exempt from paying court fee advances and court fees, as stipulated in Clause 2, Article 43 of the Law on Protection of Consumers Rights of Vietnam 2023.
- Enforcement officers requesting the Court to resolve matters stipulated in Clause 1, Article 74; and Clauses 1 and 2, Article 75 of the Law on Enforcement of Civil Judgments of Vietnam 2008 are exempt from paying court fee advances and court fees.
