Nghị quyết 326/2016/UBTVQH14 quản lý và sử dụng án phí và lệ phí Tòa án

RESOLUTION

PRESCRIBING RATES, EXEMPTION, REDUCTION, COLLECTION, REMITTANCE, MANAGEMENT AND USE OF LEGAL COSTS AND COURT FEES

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THE NATIONAL ASSEMBLY STANDING COMMITTEE 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 Charges and Fees No. 97/2015/QH13 dated November 25, 2015;

At the Government's proposal in Report No. 377/TTr-CP dated October 5, 2016; Additional report No. 571/TTr-CP dated December 19, 2016 and Verification report No. 262/BC-UBTCNS14 dated December 19, 2016 of the Finance and Budget Committee,

RESOLVES:

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation

This Resolution prescribes rates of legal costs and court fees, legal cost advances and court fee advances; obligation to pay legal cost advances and court fee advances; obligation to pay legal costs and court fees; cases entitled to non-payment of, exemption from, reduction of legal costs and court fees; consideration of exemption, reduction, time limit for payment, collection, payment, management and handling of legal cost advances, legal costs, court fee advances and court fees; settlement of complaints about legal costs and court fees; supervision on collection, payment, exemption, reduction and settlement of complaints about legal costs and court fees.

Article 2. Subjects of application

This Resolution applies to agencies, organizations and individuals involved in legal costs and court fees.

Article 3. Legal costs

1. Legal costs include:

a) Criminal court costs;

b) Civil court costs including costs of settlement of civil, marriage and family, business, commercial or labor disputes;

c) Administrative court costs.

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

Article 4. Court fees

1. Fees for settlement of civil, marriage and family, business, commercial and labor claims under the court's jurisdiction as prescribed 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. Fees for recognition and permission for enforcement or for non-recognition of judgments and decisions of foreign courts or other competent foreign agencies or non-recognition of judgment or decision of foreign courts or other competent foreign agencies without required enforcement in Vietnam or recognition and permission for enforcement of the foreign arbitral award in Vietnam, including:

a) Fees for recognition and permission for enforcement or for non-recognition of judgments and decisions of foreign courts or other competent foreign agencies or non-recognition of judgment or decision of foreign courts or other competent foreign agencies without required enforcement in Vietnam or recognition and permission for enforcement of the foreign arbitral award in Vietnam are regulated in Clause 5 Article 27; Clause 9 Article 29; Clauses 4 and 5, Article 31; Clauses 3 and 4, Article 33 of the Civil Procedure Code;

b) Fees for appealing against court decisions on recognition and permission for enforcement in Vietnam of foreign courts’ judgments and decisions; foreign arbitral awards.

3. Fees for settlement of requests related to the settlement by Vietnamese commercial arbitrations of disputes in accordance with law on commercial arbitration.

4. Fees for filing a written request to open bankruptcy procedures.

5. Fees for consideration of legality of a strike.

6. Fees for arrest of seagoing ships and aircrafts.

7. Fees for performance of judicial entrustment of foreign courts in Vietnam.

8. Fees for overseas judicial entrustment.

9. Fees for issuance of copies of papers and copies of documents at the Court, including:

a) Fees for copying documents and evidences in the case or matter file performed by the court;

b) Fees for issuance of copies of court judgments and decisions;

c) Fee for issuance of copies of the decisions on expunction of criminal records;

d) Fees for issuance of copies of other court papers.

Article 5. Legal cost advances, court fee advances

1. Legal cost advances include first-instance court cost advances and appellate court cost advances.

2. Fee advance for settlement of a civil matter includes first-instance fee advance and appellate fee advance for case of appeal against decision of the first-instance court in accordance with the Civil Procedure Code.

Article 6. Legal cost and court fee levels

1. Legal cost and court fee levels are specified in the legal cost and court fee tariff promulgated together with this Resolution.

2. For cases of civil, marriage and family, business, commercial, labor and administrative disputes to be settled according to summary procedures, the legal cost level is equal to 50% of the legal cost level specified in Section A of the legal cost and court fee tariff promulgated together with this Resolution.

Article 7. Legal cost advance and court fee advance levels

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

2. The first-instance civil court cost advance level in civil cases involving no monetary value is equal to the first-instance civil court cost level involving no monetary value. The first-instance civil court cost advance level in civil cases involving a monetary value is equal to 50% of the first-instance civil court cost level involving a monetary value estimated by the courts based on the value of the disputed property to be settled at the request of the involved parties, but not lower than the first-instance civil court cost advance level in civil cases involving no monetary value.

The appellate civil court cost advance level in civil cases is equal to the appellate civil court cost level.

3. The first-instance administrative court cost advance level is equal to the first-instance administrative court cost level. The appellate administrative court cost advance level is equal to the appellate administrative court cost level. The appellate civil court cost advance level in administrative cases is equal to the appellate civil court cost advance level.

4. For civil, marriage and family, business, commercial, labor and administrative cases to be settled according to summary procedures, the legal cost advance level is equal to 50% of the legal cost advance level specified in Clauses 2 and 3 of this Article.

5. First-instance fee advance level for settlement of a civil matter is equal to the first-instance fee level for settlement of a civil matter.

6. Appellate fee advance level for settlement of a civil matter is equal to the appellate fee level for settlement of a civil matter.

Article 8. Property price used as a basis for legal cost advance collection

1. Property price used as a basis for legal cost advance collection is prioritized in the order from Point a to Point dd of this Clause as follows:

a) Price regulated by competent state agencies;

b) Price provided by price appraisal enterprise;

c) Price on the document enclosed with the case file;

d) Market price at the time and place of determination of the property price;

dd) If it is not possible to determine the value of the disputed property based on Points a, b, c and d, Clause 1 of this Article, the court shall send a written request to the same-level financial agency for opinions on determination of the property price. Within 03 working days from the date of receipt of the written request, the financial agency must give feedback on the property value determination. At the end of this time limit, if the Court does not receive a written reply from the same-level financial agency, the Court shall set the legal cost advance level.

2. In case the property value is determined to calculate the legal cost advance under one of bases specified at Points a, b, c and d, Clause 1 of this Article, the next bases shall not be considered.

Article 9. Obligation to pay legal cost advances, court fee advances, legal costs and court fees

Agencies, organizations and individuals must pay legal cost advances, court fee advances, legal costs and court fees, except for cases of non-payment of or exemption from legal cost advances, court fee advances, legal costs and court fees as prescribed in this Resolution.

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

1. Civil judgment enforcement agencies shall collect legal costs specified in Article 3 and court fees specified in Clauses 1, Point b Clause 2, and Clauses 4, 5 and 8, Article 4 of this Resolution.

2. Courts shall collect court fees specified at Point a Clause 2, Clauses 3, 6 and 9, Article 4; Clause 4 Article 39 of this Resolution.

3. The Ministry of Foreign Affairs shall collect the court fees specified in Clause 7, Article 4 of this Resolution.

4. Competent agencies collecting legal costs and court fees specified in Clauses 1 and 2 of this Article shall be competent to collect legal cost advances and court fee advances.

Article 11. Non-payment of legal cost advances or court fee advances; non-payment of legal costs and court fees

1. The following entities are not required to pay legal cost advances and legal costs:

a) Persons who lodge complaints about or file lawsuits against list of voters to elect the National Assembly deputies, list of voters to elect to the People's Council deputies, list of referendum voters;

b) Agencies, organizations and individuals instituting a civil case or appealing against court judgments or decisions which have not yet taken legal effect to protect lawful rights and interests of others, public interests and state interests as  prescribed in Article 187 of the Civil Procedure Code, except for cases where state enterprises initiate lawsuits related to their business activities;

c) Vietnam Bank for Social Policies initiating lawsuit or appealing against court judgments or decisions which have not yet taken legal effect to recover loans in case the Vietnam Bank for Social Policies lends to the poor and other policy beneficiaries;

d) Procuracies protesting against court judgments or decisions according to appellate procedures;

dd) Defendants’ defense counsels who are aged under 18 years or have physical or mental defects;

e) Defenders of lawful rights and interests of victims and involved parties who are aged under 18 years or have physical or mental defects;

f) Other cases entitled to non-payment of legal cost advances and legal costs as prescribed by law.

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

a) Persons who file written requests to open bankruptcy procedure for enterprise or cooperative specified in Clause 2, Article 5; Point a, Clause 1, Article 105 of the Law on Bankruptcy;

b) Grassroots trade union executive committee requesting the court to consider the legality of a strike;

c) Representatives of labor collectives requesting the Court to consider the legality of a strike;

d) Competent agencies, organizations and individuals requesting the court to invalidate unlawful marriages; change direct child custodian; restrict the rights of parents towards their minor children; force persons who do not voluntarily perform the alimony obligation to perform such obligation in accordance with Clause 2 Article 10, Clause 5 Article 84, Clause 2 Article 86, Clause 2 Article 119 of the Law on Marriage and Family; state agencies requesting the Court to provide copies and extracts of judgments;

dd) Procuracies protesting against court decisions according to appellate procedures;

e) Other cases entitled to non-payment of court fee advances and court fees as prescribed by law.

3. Consumers who initiate civil cases to protect their lawful rights and interests are not required to pay legal cost advances or court fee advances as prescribed in Clause 2, Article 43 of the Law on Protection of Consumer Rights.

4. In case enforcement officers request the court to settle the matters specified in Clause 1, Article 74; Clauses 1 and 2, Article 75 of the Law on Enforcement of Civil Judgments, they are not required to pay legal cost advances or court fee advances; are not required to pay legal costs and court fees.

Article 12. Exemption from payment of legal cost advances, legal costs, court fee advances and court fees

1. The following entities are exempted from paying legal cost advances, legal costs:

a) Laborers who file lawsuits to request payment of salaries, job loss allowances, severance allowances, social insurances, compensations for occupational accidents and diseases; settlement of claims of compensation for damage or illegal dismissal or labor contract termination;

b) Persons who claim alimony 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 in the application of administrative measures of education in communes, wards or townships;

d) Persons who claim compensations for their life, health, honor, dignity or reputation;

dd) Children; individuals in poor or near-poor households; elderly persons; persons with disabilities; people with meritorious services to the revolution; ethnic minorities in communes with extremely difficult socio-economic conditions; Martyrs' relatives granted certificates of martyrs' families by competent State agencies.

2. The cases specified at Point dd, Clause 1 of this Article are exempted from court fee advances and court fees specified in Clause 1, Article 4 of this Resolution.

3. In case the involved parties agree that either party shall bear all or part of the payable legal cost but such party is exempted from payment of court fees, the court only considers the exemption of court fees for the part born by the exempted person in accordance with this Resolution. The part of legal costs and court fees that such person accepts to pay on behalf of another person shall not be exempted from payment.

Article 13. Reduction of legal cost advances, legal costs, court fee advances and court fees

1. Persons experiencing force majeure events resulting in not having enough property to pay legal cost advances, legal costs, court fee advances and court fees with certification of the commune-level People's Committee of the locality where such person resides shall be entitled to a 50% reduction of payable legal cost advances, legal costs, court fee advances and court fees.

2. Persons in cases specified in Clause 1 of this Article still have to bear all legal costs and court fees in one of the following cases:

a) There are grounds to prove that the persons entitled to a reduction in legal cost advances, legal costs, court fee advances and court fees are not the persons experiencing force majeure events resulting in not having enough property to pay legal cost advances, legal costs, court fee advances and court fees;

b) According to legally effective court judgments or decisions, they have property to pay all payable legal costs and court fees.

3. In case the involved parties agree that either party shall bear all or part of the payable legal cost but such party is exempted from payment of court fees, the court shall only reduce 50% of the legal cost part born by the person eligible for reduction of the legal costs in accordance with this Resolution. The part of legal costs and court fees that such person accepts to pay on behalf of another person shall not be reduced.

Article 14. Dossier of request for exemption or reduction of legal cost advances, legal costs, court fee advances and court fees

1. Persons requesting exemption or reduction of legal cost advances, court fee advances, legal costs and court fees in the cases specified in Articles 12 and 13 of this Resolution must submit an application to the competent court enclosed with documents and evidences to prove their eligibility for exemption or reduction.

2. An application for exemption or reduction of legal cost advances, legal costs, court fee advances and court fees must contain the following contents:

a) Date of making the request;

b) Full name, address of the applicant;

c) Reasons and grounds for requesting the exemption or reduction.

Article 15. Competence to exempt or reduce legal cost advances and legal costs

1. Before accepting the case, the judge assigned by the chief justice of the court is competent to consider the application for exemption or reduction of first-instance court cost advance.

2. After accepting the case, the judge assigned by the chief justice of the court to settle the case is competent to consider the application for exemption or reduction of legal cost advance from the defendant who files a counter-claim, from the person with related interests or obligations who files an independent claim in the case.

3. The judge assigned by chief justice of first-instance court is competent to consider application for exemption or reduction of appellate court cost advances.

4. Before opening a first-instance or appellate court session, the judge assigned by the chief justice of the court to settle the case is competent to consider exemption or reduction of legal costs for the requesting party.

5. Within 03 working days from the date of receipt of the application for exemption or reduction of legal cost advance, legal costs and documents and evidences proving the eligibility for exemption or reduction, the court shall notify in writing of exemption, reduction or non-exemption or non-reduction of legal cost advances and legal costs. In case of non-exemption or non-reduction, the reason must be clearly stated.

6. At the court hearing, the first-instance or appellate trial panels are competent to consider exemption or reduction of legal costs for the requesting parties when pronouncing judgments, decision on settlement of the content of the case.

Article 16. Competence to exempt or reduce court fee advances and court fees

1. Before accepting civil matters, the judge assigned by the chief justice of the court is competent to consider the application for exemption or reduction of court fee advances.

2. The judge assigned by chief justice of first-instance court is competent to consider application for exemption or reduction of appellate court fee advances.

3. Before opening a first-instance or appellate meeting, the judge assigned by the chief justice of the court to settle civil matters is competent to consider exemption or reduction of court fees for the requesting party.

4. Within 03 working days from the date of receipt of the application for exemption or reduction of court fee advance or court fee, and documents and evidences proving the eligibility for exemption or reduction, the court shall notify in writing of exemption, reduction or non-exemption or non-reduction of court fee and court fee advances for the requester. In case of non-exemption or non-reduction, the reason must be clearly stated.

5. At the meeting, the judge or the civil matter-settling council is competent to consider exemption or reduction of court fees for settlement of civil matters to the requesting parties when making decisions on settlement of civil matters.

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

1. Time limit for payment of civil court cost advance:

a) Within 07 working days from receipt of the court's notice on the payment of first-instance civil court cost advances, the plaintiffs and defendants with counter-claims against the plaintiffs, persons with related interests and obligations making independent claims must pay the court cost advance and submit to the court a receipt of the court cost advance, unless there is a plausible reason;

b) Within 10 days after receiving the first-instance court's notice of the payment of the appellate court cost advance, the appellant must pay the court cost advance and submit it to the first instance court a receipt of court cost advance, unless there is a plausible reason.

2. Time limit for payment of administrative court cost advance:

a) Within 10 days after receiving the court's notice of payment of first-instance administrative court cost advance, the plaintiff and persons with related interests and obligations making independent claims in the administrative case must pay the court cost advance and submit to the court a receipt of the court cost advance, unless there is a plausible reason;

b) Within 10 days after receiving the first-instance court's notice of the payment of appellate administrative court cost advance or appellate civil court cost advance in administrative case, the appellant must pay the legal cost advance and submit it to the first instance court a receipt of legal cost advance, unless there is a plausible reason.

3. Time limit for payment of court fee advance:

a) Court fee advance for settlement of civil matters: Court fee advance payers shall pay the first-instance and appellate court fee advances and submit to the Court the receipt of the court fee advance within 05 working days from the date of receipt of the court's notice of the payment of court fee advance, unless there is a plausible reason;

b) Other court fee advances: Persons appealing against court decisions specified in Clause 5, Article 38 and Clause 4, Article 39 of this Resolution must pay the appeal fee advances within 05 working days from the date of receipt of the court's notice of the payment of the appeal fee advances, unless there is a plausible reason.

4. In case there is a plausible reason as prescribed in Clauses 1, 2 and 3 of this Article, which are obstacles caused by objective circumstances or objective events which cannot be unforeseen and cannot be unremedied, even though all necessary and permissible measures have been taken, leading legal cost advance, court fee advance payers unable to make the payment of the legal cost advance or court fee advance within the prescribed time limit.

5. Time limit for payment of legal costs and court fees:

a) Persons obligated to pay legal costs and court fees must pay legal costs and court fees when the court judgments or decisions take legal effect;

b) The person requesting the court to settle the matters specified in Articles 38 to 45 of this Resolution must pay the fee to the competent agency specified in Article 10 of this Resolution within the time limit specified by law.

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

1. In case the settlement of a civil or administrative case is temporarily suspended, the paid legal cost advance or court fee advance will be handled when the case is continued to be settled.

2. In case the court issues a decision to suspend the settlement of a civil case according to the provisions of Points a and b, Clause 1, Article 217 of the Civil Procedure Code or for the reason that the plaintiff is still absent although having been duly summoned twice in accordance with Point c, Clause 1, Article 217; Clause 2, Article 312 of the Civil Procedure Code or Points a and dd, Clause 1, Article 143; Clause 5, Article 241 of the Law on Administrative Procedures, the paid legal cost advance shall be remitted into public funds.

In case the Court issues a decision to suspend the settlement of claims in a civil case because the defendants with counter-claims, persons with related interests and obligations making independent claims still absent although having been duly summoned twice, the paid court fee advance shall be remitted into public funds.

3. In case the court issues a decision to suspend the settlement of a civil case due to the plaintiff withdrawing all of the lawsuit petition specified at Point c, Clause 1, Article 217 of the Civil Procedure Code and other cases specified at Points d, dd, e and g, Clause 1, Article 217 of the Civil Procedure Code, to suspend the settlement of civil cases involving foreign elements as prescribed in Clause 1, Article 472 of the Civil Procedure Code, or to suspend the settlement of administrative cases as specified at Points b, c, e, d, g and h, Clause 1, Article 143 of the Law on Administrative Procedures, the legal fee advances will be returned to the payers.

In case the Court issues a decision to suspend the settlement of claims in a civil case because the defendants with counter-claims withdraw the counter-claims, the persons with related interests and obligations making independent claims withdraw the claims, the legal fee advances will be returned to the payers.

In case cassation or re-opening trial courts quash the first-instance or appellate civil judgment for re-trial according to first-instance procedures, after the first-instance court accepts the case, if the court issues a decision to suspend the settlement of the civil case because the involved parties withdraw their lawsuit petitions or requests, the legal cost advances and legal costs will be returned to the payers.

4. In case the appellate, cassation, or reopening trial courts quash the first-instance judgments for re-settlement according to first-instance procedures due to misidentification of the involved parties' procedural status, the first-instance courts shall, upon accepting matters, issue a decision to return the paid legal cost and court fee advances to the involved parties re-determined not to be subject to payment; and at the same time re-determine the involved parties subject to payment of legal cost and court fee advances.

5. In case the Court issues a decision to suspend the consideration of the petition as prescribed at Point c Clause 2 Article 366, Article 382, Clause 3 Article 388, Clause 3 Article 392 of the Civil Procedure Code, the paid court fee advance shall be remitted into public funds.

6. In case the cassation trial court cancels the appellate judgment or decision, upholds the canceled or modified lawful first-instance judgments and decisions of the lower courts, it must consider and decide on legal costs and court fees.

In case the cassation or reopening trial court cancels the judgment, the decision of the Court that has heard the case and suspends the settlement of the case, it must consider and decide on the legal costs and court fees.

7. In case the first-instance or appellate judgments and rulings take legal effect and the first-instance or appellate judgments are canceled by the cassation or reopening trial courts, but the legal cost and court fee advances have been returned to the plaintiff, the appellant, when the first-instance or appellate courts accept the cases, they must request the plaintiffs and appellants to pay back the legal cost advances.

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

1. All collected legal costs and court fees must be fully and promptly remitted into the state budget.

2. Agencies competent to collect legal cost advances, court fee advances, legal costs and court fees shall use receipts according to regulations.

3. The legal cost and court fee collection agency shall open an account for temporary collection of state budget at the same-level State Treasury to organize the collection of legal cost advances and court fee advances.

4. Every month, by the 5th of the subsequent month, the legal cost advance and court fee advance collection agency must pay 100% of the collected legal cost advances and court fee advances to an account for temporary collection of state budget at the State Treasury.

5. Legal cost advances and court fee advances shall be remitted into the state budget when a legally effective court judgment or ruling declares that the person who has paid the advance shall bear the legal costs and court fees. The legal cost and court fee collection agency shall declare and pay the collected legal cost and court fee monthly into the state budget and make annual settlement in accordance with the Law on Tax Administration.

6. In case the person who has paid the legal cost advances, court fee advances, legal costs and court fees, is refunded part or all of the amount paid according to the Court’s legally effective judgment, decision, the collecting agency shall deduct from the account for temporary collection of state budget at the State Treasury to return the collected amount of legal cost advances, court fee advances, legal costs and court fees, shall declare and settle legal costs and court fees with tax administration agencies in accordance with the Law on Tax Administration.

Article 20. Supervision of collection, payment, exemption, reduction and settlement of complaints about legal costs and court fees

The Procuracies shall supervise the collection, payment, exemption, reduction and settlement of complaints about legal costs and court fees in accordance with law.

Chapter II

LEGAL COSTS IN CRIMINAL CASES

Article 21. Types of legal costs in criminal cases

1. First-instance criminal court costs.

2. Appellate criminal court costs.

3. First-instance civil court costs for case where the Court settles the civil part of the criminal case, including first-instance civil court costs involving no monetary value and first-instance civil court costs involving monetary value.

4. Appellate civil court costs for case where there is an appeal on the civil part of the criminal case.

Article 22. Obligation to pay legal cost advances in criminal cases

1. Defendants are not required to pay first-instance criminal court cost advances, appellate criminal court cost advances, first-instance civil court cost advances and appellate civil court cost advances.

2. Victims, civil plaintiffs, civil defendants and persons with related interests and obligations in criminal cases are not required to pay first-instance criminal court cost advances, appellate criminal court cost advances, first-instance civil court cost advances.

3. Victims, civil plaintiffs, civil defendants, persons with related interests and obligations in criminal cases appealing against civil part must pay appellate civil court cost advances, except for cases of non-payment of legal cost advances or exemption from legal cost advances in accordance with this Resolution. The obligation to pay appellate civil court cost advances as prescribed in Article 28 of this Resolution, the time limit for paying appellate civil court cost advances comply with the provisions of Point b, Clause 1, Article 17 of this Resolution.

Article 23: Obligation to bear legal costs in criminal cases

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

a) The convict shall bear the first-instance criminal court cost;

b) The victim with prosecution request shall bear the first-instance criminal court costs if the case is prosecuted at the request of the victim, then the defendant is pronounced not guilty by the court or the case is ceased because the petitioner withdraws the request in accordance with the Criminal Procedure Code;

c) The obligation to bear first-instance civil court costs in criminal cases shall comply with the provisions of Articles 26 and 27 of this Resolution;

d) In case the victim declares the damaged property and requests the defendant to indemnify property damage but it is proved that the infringing property has a value lower than or higher than the declared property value, the defendant shall bear the first-instance civil court costs for the proved infringing property part;

dd) The victim who claims compensation for property damage according to the provisions of law do not claim an amount of money or property which can be determined by a specific amount, they are not required to bear court costs if their claim is not accepted by the Court;

e) If the victim claims compensation for damage that is inconsistent with the law, the Court must explain to them the fact that they have to bear the legal costs if such claim is not accepted by the Court. In case they still request the Court to settle, they must bear the legal costs if their request is not accepted by the Court;

f) Before opening the court hearing, if the involved parties and defendants reach an agreement on compensation for damage and request the Court to record the indemnify, they do not have to bear the first-instance civil court costs. At the court hearing, if the involved parties and defendants reach an agreement on compensation for damage, they must bear the first-instance civil court costs as when the Court brings that case to trial;

g) In case the defendants voluntarily pay compensation for damage before opening the court hearing, they are not required to pay first-instance civil court cost for the amount voluntarily paid.

2. Obligation to bear appellate court costs in criminal cases:

a) In case both the defendant and the defendant's representative have appealed decision on criminal of the first-instance judgment that the appellate court upholds the criminal decision of the first-instance judgment, only the defendant shall bear the appellate criminal court cost;

b) In case only the defendant or the defendant's representative has appealed decision on the criminal of the first-instance judgment that the appellate court upholds the criminal decision of the first-instance judgment, the appellant must bear the appellate criminal court costs;

c) In case the defendant appeals against the criminal decision and the defendant's representative appeals the civil decision or vice versa, the appellate court upholds the first-instance judgment's decision, the appellant should bear the court costs of their claim;

d) In case the defendant appeals against the criminal decision and the defendant's representative appeals the civil decision or vice versa, the Court shall decide to amend a criminal decision or to amend a civil decision or amend both criminal decisions and civil decisions, none of the appellants must bear the appellate court costs;

dd) The victim that files an appeal must bear appellate criminal court costs if the case is prosecuted at the victim's request if the appellate court upholds the decision of the judgment, decision of first-instance judgment or declares that accused parties are not guilty;

e) The person appealing the civil decision part of the first-instance judgments must bear the appellate civil court costs as prescribed in Article 29 of this Resolution;

f) In case the appellate court cancels the first-instance judgment or decision for investigation, re-trial or suspension of the case, the appellant will not have to bear appellate criminal court costs;

g) The appellant who withdraws his/her appeal petition before opening an appellate court hearing or at an appellate court hearing, is not required to bear appellate criminal court costs;

h) The appellant must not bear appellate court costs in case their appeal request is accepted by the Court.

Chapter III

LEGAL COSTS IN CIVIL CASES

Article 24. Types of legal costs in civil cases

1. Types of legal costs in civil cases include:

a) First-instance civil court costs for civil cases involving no monetary value;

b) First-instance civil court costs for civil cases involving a monetary value;

c) Appellate civil court costs.

2. A civil case involving no monetary value is a case in which the involved parties' claim is not an amount or the value that can not be determined in a specific amount.

3. A civil case involving a monetary value is a case in which the involved parties' claim is an amount of money or property that can be determined in a specific amount.

Article 25. Obligation to pay first-instance civil court cost advances

1. Plaintiffs, defendants with counter-claims, persons with related interests and obligations who have independent claims in civil, marriage and family, business, commercial and labor disputes must pay first-instance civil court cost advances, except for cases where court cost advances are not required or are exempt from payment of court cost advances under the provisions of this Resolution.

2. If the case has many plaintiffs and each plaintiff has independent claims, each plaintiff must pay legal cost advance according to its own request. In case the plaintiffs share the same claim, the plaintiffs must jointly pay the legal cost advance.

3. If the case has many defendants and each defendant has an independent counterclaim, each defendant must pay legal cost advance at their own request. In case the defendants share a counterclaim, the defendants must jointly pay the legal cost advance.

4. In case there are more than one person with related interests and obligations who make independent claims, each person with related interests and obligations must pay legal cost advance at each person's individual claim. In case persons with related interests and obligations share an independent claim, they must jointly pay the legal cost advance.

5. In case of termination of civil work and receipt of the case for settlement according to the provisions of Clause 5, Article 397 of the Civil Procedure Code, the Court must request the involved parties to pay civil court cost advances for case settlement according to the general procedure.

Article 26. Obligation to bear first-instance civil court costs

1. The involved parties must bear the first-instance civil court costs for their claims which are not accepted by the Courts, except for cases where they are exempted from or are not required to bear the first-instance court costs.

2. The defendant must bear all first-instance civil court costs in case the plaintiff's entire claim is accepted by the Court.

3. The plaintiff must bear the entire first-instance civil court cost in case the plaintiff's entire claim is not accepted by the court.

4. The plaintiff must bear the first-instance civil court cost corresponding to the claim part not accepted by the Court. The defendant must bear the first-instance civil court costs corresponding to the part of the plaintiff's claim against the defendant accepted by the court.

5. The defendant with counter-claim must bear first-instance civil court costs for the counterclaim part not accepted by the Court. The plaintiff must bear the first-instance civil court costs according to the part of the defendant's counterclaim accepted by the court.

6. Persons with related interests and obligations who make independent claims must bear first-instance civil court costs according to independent claim part not accepted by the Court. Obligors for independent claims of persons with related interests and obligations shall bear first-instance civil court costs according to the part of independent claims accepted by the court.

7. The involved parties can reach agreement if the Court conducts conciliation before opening the court hearing, they must bear 50% of the court fee, even for cases involving no monetary value.

8. In case the involved parties can reach agreement on the settlement of the case at the first-instance court hearing, the involved parties will still have to bear the first-instance civil court costs as in the case of the trial of that case. In case the involved parties can reach agreement on the settlement of the case at the trial according to the summary procedures specified in Clause 3, Article 320 of the Civil Procedure Code then the involved parties must bear 50% of the court fee for settlement of the case according to summary procedures.

9. In a case where a person is not required to pay court costs or is exempt from paying first-instance civil court costs, other persons still have to bear first-instance civil court costs according to the provisions of this Article.

10. In case the case is temporarily suspended for settlement, the obligation to bear the first-instance court costs shall be decided when the case is continued to be settled in accordance with this Article.

11. Plaintiffs in civil cases instituted by agencies, organizations or individuals to protect the rights and interests of others are not required to bear first-instance civil court costs.

Article 27. Obligation to bear first-instance civil court costs in a number of specific cases

1. For disputes over property claims on loan or stay, the involved parties must bear the first-instance civil court costs as in the case of civil cases involving no monetary value. In addition to the dispute over the property claims on loan or stay, the involved parties also have a dispute over compensation for damage and request the Court for settlement, the involved parties must bear the unvalued court costs for the dispute over claiming properties for loan, stay and legal fees involving a monetary value for the claims for damages.

2. For disputes over property ownership and land use rights, the obligation to bear first-instance civil court costs is determined as follows:

a) In the case of dispute over property ownership and dispute over land use rights whose value are not considered by the Court, but consideration of the owners of property ownership and disputes over land use right, the involved parties must bear the first-instance civil court costs in case of involving no monetary value;

b) In the case of dispute over property ownership and dispute over land use rights where the Court must determine the value of the property or determine the ownership of the land use right according to the parts, the involved parties must bear the first-instance civil court costs as in case of involving monetary value to which they are entitled.

3. For disputes over invalid property purchase and sale contracts or land use right transfer, the obligation to bear first-instance civil court costs is determined as follows:

a) In case one party requests the recognition of the property purchase and sale contract, the transfer of land use rights and the other party requests the declaration of invalidity of the property purchase and sale contract or transfer of land use rights and parties have no other requirements; If the Court declares the contract invalid, the party requesting recognition of the contract must bear the court costs as in the civil case of involving no monetary value; if the Court declares the recognition of the contract, the party requesting the declaration of the contract invalidity shall bear the same legal costs as in the civil case involving no monetary value;

b) In case one party requests recognition of the contract of sale and purchase of property, the transfer of land use rights and the other party requests the declaration on invalidity of property purchase, sale contract, transfer of land use rights and requests the court to handle the consequences of the invalid contract, in addition to paying the legal fees involving no monetary value specified at Point a, Clause 3 of this Article, the persons performing property obligation or paying compensation for damage must pay court costs, as in case of a civil case involves monetary value for the value of property to perform the obligation.

4. In case of dispute over the contract of sale of property, transfer of land use rights, one party requires the return of money, deposit and penalty, other party accepts to pay the deposit received and does not accept the deposit penalty, if the Court accepts the deposit penalty, the party that does not accept the deposit penalty must bear the court fee as in the case of a civil case involving monetary value for the deposit penalty. In case the Court does not accept the deposit penalty, the party requesting the deposit penalty must bear the court fee as in civil case involving monetary value for the deposit penalty.

5. For marriage and family cases, the obligation to bear first-instance civil court costs is determined as follows:

a) Plaintiffs must bear first-instance civil court costs in divorce cases regardless of whether the Court accepts or rejects the request of plaintiffs. In case of consent to divorce, each involved party must bear 50% of the legal costs;

b) The involved parties in the marriage and family case having dispute over the division of common property of husband and wife, in addition to bearing the first-instance civil court costs specified at Point a, Clause 1, Article 24 of this Resolution, must bear legal costs for the disputed property part as in a civil case involving monetary value corresponding to the value of the property part to which they are divided;

c) In case the husband and wife request another person to perform a property obligation and the court accepts such request, the property obligor shall bear the first-instance civil court cost for the performed property value; if they cannot reach an agreement on division, but common property and request the court to settle it, each person must bear the civil court costs corresponding to the value of the property to which they are divided;

d) In case the involved parties agree to divide the common property of husband and wife and request the Court to record in the judgment and decision before the Court conducts the conciliation, the involved parties are not required to bear the first-instance civil court costs for the division of common property;

dd) In case the Court has conducted conciliation, at the conciliation meeting, the involved parties do not agree on the division of the husband and wife's common property, but before the opening of the court hearing, the involved parties agree on the division of their common property and request the Court to record in the judgments and decisions, it shall be deemed to be mutually agreed upon by the involved parties on settlement of the case in case the Court’s conciliation before opening the court hearing and they must bear 50% of the first-instance civil court cost corresponding to the value of the property to which they are divided;

e) In case the involved parties have a dispute over the division of common property and the husband and wife's common property obligations, the court shall conduct conciliation and the involved parties can reach an agreement on the division of a number of common properties and obligations on the common property, and for some common property and common property obligations which  cannot be agreed upon, the involved parties shall still have to bear the court costs for the division of the entire common property and the obligations on the common property of the husband and wife.

6. For cases related to alimony obligations, the obligation to bear first-instance civil court costs is determined as follows:

a) Persons with periodical or one-time alimony obligations under a court's decision must bear first-instance civil court costs as in civil cases involving no monetary value;

b) In case the involved parties can reach an agreement on the level of alimony and mode of alimony before the opening of the court hearing but requests the court to record it in the judgment or decision, the person with alimony obligation must bear 50% of the first-instance civil court fee as in civil cases involving no monetary value; in cases the agreement is reached at the court hearing, the person with the alimony obligation must bear the first-instance civil court fee rate as in civil cases involving no monetary value;

c) In case the involved parties can reach agreement on the mode of alimony (including one-time mode), but fail to reach agreement on the level of alimony, the person with the alimony obligation must bear the first-instance civil court costs as in civil cases involving no monetary value;

d) In case the involved parties can not reach agreement on the mode of alimony, but reach agreement on the level of alimony, the person with the alimony obligation must bear the first-instance civil court costs as in civil cases involving no monetary value;

dd) In case the involved parties have a dispute about alimony (dispute about the level of alimony and the mode of alimony) and the Court decides the level of alimony and the mode of alimony on a monthly basis, the person with the alimony obligation must bear the first-instance civil court costs as in civil cases involving no monetary value.

7. For cases related to division of common property and inheritance, the obligation to bear first-instance civil court costs is determined as follows:

a) When the involved parties cannot determine their share of the property or each person determines his/her share of the property in the common property, his/her share of the estate in the inheritance block is different and one of parties request the Court to settle the division of such common property or inheritance, each involved party must bear the first-instance civil court costs at the rate corresponding to the value of the property they are divided or enjoyed in the common property block or in the inheritance block. For the part where the Court rejects the petition, the petitioner for division of common property or inheritance is not required to bear the first-instance civil court costs. In case the Court determines that the common property or inheritance that the involved parties request to divide is not their property, the involved parties must bear the first-instance civil court costs involving no monetary value;

b) In case the involved parties request the division of common property or inheritance but need to consider the performance of property obligations to a third party from such common property or inheritance, then:

The involved parties must bear the first-instance civil court costs for the part of the property they are divided after deducting the value of the property to perform obligations to a third party; the involved parties must bear an equal part of the court costs for the part of the property to perform obligations to a third party under the court's decision.

A third party who is a person with related interests and obligations who has not made an independent claim or has made a request but that request is accepted by the Court, shall not have to bear the court costs for the received part of the property.

The third party who has an independent claim but that request is not accepted by the Court shall bear the valuable civil court cost for the part of the unaccepted claim.

Article 28. Obligation to pay appellate civil court cost advances

Persons appealing according to appellate procedures must pay appellate civil court cost advances, except for cases where court cost advances are not required or are exempt from payment of court cost advances under the provisions of this Resolution.

Article 29. Obligation to bear appellate civil court costs

1. The appellate involved parties must bear the appellate civil court costs, if the appellate court upheld the appealed first-instance judgments, and decisions, except for cases being entitled to exemption from or non-payment of the appellate court costs.

2. In case the appellate court amends the appealed first-instance judgment or decision, the involved parties appealing about the part of the judgment or decision that must be corrected shall not bear appellate civil court costs; The appellate court must re-determine the obligation to bear first-instance civil court costs according to the provisions of Articles 147 of the Civil Procedure Code and Articles 26 and 27 of this Resolution.

3. In case the appellate court cancels the appealed first-instance judgment or decision for re-trial, the appellant shall not have to bear appellate civil court costs; the obligation to bear court costs shall be re-determined upon settlement of the case according to first-instance procedures.

4. The involved parties withdrawing their appeals before opening the appellate court hearings must bear 50% of the appellate civil court costs. The involved parties withdrawing their appeals at the appellate court hearings must bear the entire appellate civil court costs.

5. If the involved parties can reach agreement on the settlement of the case at the appellate court hearing, the appealing involved parties shall bear the entire appellate civil court costs, for first-instance civil court costs, if the involved parties can reach an agreement among themselves, the involved parties shall bear the first-instance civil court costs as agreed; if no agreement is reached, the court shall re-determine the first-instance civil court cost according to the agreement on the settlement of the case at the appellate court hearing.

6. In case the plaintiff withdraws the lawsuit petition before opening the appellate court hearing or at the appellate court hearing and agreed by the defendant, the involved parties will still have to bear the first-instance civil court costs according to the first-instance court's decisions and must bear 50% of the appellate civil court costs.

7. In a case where a person does not have to bear the appellate court cost or is exempt from paying the appellate civil court fee, the other persons still have to bear the appellate civil court cost as prescribed in Clauses 1, 4, 5 and 6 of this Article.

Chapter IV

LEGAL COSTS IN ADMINISTRATIVE CASES

Article 30. Types of legal costs in administrative cases

1. First-instance administrative court costs.

2. Appellate administrative court costs.

3. First-instance civil court costs for case where compensation for damage is settled, including first-instance civil court costs involving no monetary value and first-instance civil court costs involving monetary value.

4. Appellate civil court costs for case where there is an appeal on compensation for damage.

Article 31. Obligation to pay first-instance court cost advances in administrative cases

1. Persons initiating the administrative case and persons with related interests and obligations who make an independent claim in the administrative case must pay the first-instance administrative court cost advance, except for cases where court cost advances are not required or are exempt from payment of court cost advances under the provisions of this Resolution.

2. Persons claiming compensation for damage in administrative cases are not required to pay first-instance civil court cost advances.

3. In case the case is temporarily suspended for settlement, the obligation to bear the first-instance court costs shall be decided when the case is continued to be settled in accordance with this Article.

Article 32. Obligation to bear first-instance court costs in administrative cases

1. The involved parties must bear the first-instance administrative court costs if their claims are not accepted by the Court, except for cases of exemption from legal costs or non-payment of first-instance administrative court costs.

2. Persons having administrative decisions, administrative acts, disciplinary decisions on dismissal, decisions on settlement of complaints about decisions on handling of competition cases and persons making list of voters to elect the National Assembly deputies, list of voters to elect to the People's Council deputies, list of referendum voters subject to lawsuits, first-instance administrative court costs in case the Court declares to accept part or all of the petitioner's lawsuit claim.

3. In case the defendant cancels administrative decision, disciplinary decision on dismissal, or decision on settlement of complaints about decisions on handling of competition cases or termination of the administrative act being sued and the plaintiff agrees to withdraw the lawsuit petition, the person with related interests and obligations making independent claims withdraws the claims, the legal cost advance shall be returned to the payer.

4. Before opening the court hearing, the Court shall conduct a dialogue if the involved parties successfully negotiate about case settlement, they only have to bear 50% of the first-instance administrative court fee.

5. In a case where the involved parties are exempt from paying first-instance court costs, other involved parties still have to pay the first-instance court costs which they have to bear as prescribed in Clauses 1 and 2 of this Article.

6. Persons who claim compensation for property damage as prescribed by law shall have to bear legal costs if their claims are not accepted by the Court.

7. The obligation to bear first-instance civil court costs in administrative cases shall comply with the provisions of Articles 26 and 27 of this Resolution.

Article 33. Obligation to pay appellate court cost advances in administrative cases

1. The appellant must pay the appellate administrative court cost advance, except for cases where court cost advances are not required or are exempt from payment of court cost advances under the provisions of this Resolution.

2. The involved parties in administrative case appealing for compensation for damage must pay appellate civil court cost advances, except for cases of non-payment of legal cost advances or exemption from legal cost advances in accordance with this Resolution.

Article 34. Obligation to bear appellate court costs in administrative cases

1. The appealing involved parties must pay appellate court costs, if the appellate court upheld the appealed first-instance judgments, and decisions, except for cases being entitled to exemption from or non-payment of the appellate court costs.

2. In case the appellate court amends the appealed first-instance judgment or decision, the appellant will not have to bear the appellate court cost; the appellate court must re-determine the obligation to pay first-instance court costs according to the provisions of Article 348 of the Law on Administrative Procedures and Article 32 of this Resolution.

3. In case the appellate court cancels the appealed first-instance judgment or decision for re-trial, the appellant shall not have to bear the appellate court cost; the obligation to pay legal costs shall be re-determined upon the first-instance settlement of the case.

4. The involved parties withdrawing their appeals before opening the appellate court hearings must bear 50% of the appellate administrative court costs. The involved parties withdrawing their appeals at the appellate court hearings must bear the entire appellate administrative court costs.

5. Before opening the court hearing or at the appellate court hearing, if the plaintiffs withdraw the lawsuit petition and are agreed by other involved parties, the involved parties shall still have to bear the first-instance court costs according to the first-instance court's decision and must bear 50% of appellate court costs as prescribed by law.

6. The person appealing the decision on compensation for damage of the first-instance judgment must bear the appellate civil court costs as prescribed in Article 29 of this Resolution.

7. The appellant must not bear appellate court costs in case their appeal request is accepted by the Court.

8. In case of suspension of the appellate trial due to the absence of the appellant although having been duly summoned twice, the legal cost advance shall be remitted into public funds.

Chapter V

COURT FEES

Section 1
FEE FOR SETTLEMENT OF A CIVIL MATTER

Article 35. Types of fees for settlement of a civil matter

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

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

Article 36. Obligation to pay first-instance and appellate court fee advances

1. Persons filing written requests for court to handle civil matters 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 are obligated to pay court fee advances for settlement of such civil matter, except for cases where court fee advances are exempted or are not required to be paid under the provisions of this Resolution.

For requests for recognition of consent for divorce, agreement on child rearing, and property division upon divorce, the husband and wife may agree on payment of court fee advances, except for cases of being exempted or not required to pay court fee advances as prescribed by law. In case the husband and wife cannot agree on the person paying the court fee advance, each person must pay 50% of the court fee advance.

2. Persons appealing the decision on settlement of the 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 Civil Procedure Code must pay appellate court fee advance, except for cases where court fee advances are exempted or are not required to be paid under the provisions of this Resolution.

Article 37. Obligation to bear first-instance and appellate court fees for civil matter settlement

1. Persons who request Courts to settle civil matters shall pay first-instance court fees regardless of whether the Courts accept or not accept their petitions, except for cases where court fees are exempted or are not required to be paid under the provisions of this Resolution.

2. Appellants are not required to bear appellate court fees in case their appeal requests are accepted by the Court; must bear the appellate court fees in case their appeal requests are not accepted by the Court.

3. For requests for recognition of consent for divorce, agreement on child rearing, and property division upon divorce, the husband and wife may agree on bearing court fee advances, except for cases of being exempted or not required to bear court fee advances as prescribed by law. In case the husband and wife cannot agree on the person paying the court fee, each person must pay 50% of the court fee.

Section 2

OTHER COURT FEE TYPES

Article 38. Fees for recognition and permission for enforcement in Vietnam of foreign courts' civil judgments and decisions; foreign arbitral award

Agencies, organizations and individuals must pay court fees in the following cases:

1. Request Vietnamese courts to recognize and permit for enforcement in Vietnam of civil judgments and decisions of foreign courts or foreign competent agencies;

2. Request Vietnamese courts not to recognize civil judgments or decisions of foreign courts or foreign competent agencies;

3. Request Vietnamese courts not to recognize civil judgments or decisions of foreign courts or foreign competent agencies without request for enforcement in Vietnam;

4. Request the Vietnamese courts to recognize and permit for enforcement in Vietnam of the foreign arbitral award;

5. Appeal against the Court's decision on the claim specified in Clauses 1, 2, 3 and 4 of this Article, if their request for appeal is not accepted.

Article 39. Fees for settlement of requests related to the settlement by Vietnamese commercial arbitrations of disputes in accordance with law on commercial arbitration

Persons filing written requests for court to handle civil matters related to Vietnamese commercial arbitration must pay court fees in the following cases:

1. Request for appointment or replacement of arbitrators;

2. Request for application, change or cancellation of provisional urgent measures;

3. Request for annulment of arbitral awards, registration of arbitral awards;

4. Appeal against the Court's decision, if the appeal request is not accepted by the Court;

5. Request the Court to collect evidences and summon witnesses;

6. Request the Court to settle other civil matters as provided for in Vietnam's commercial arbitration law.

Article 40. Fees for filing a written request to open bankruptcy procedures

Persons who must pay fees when filing written requests to open bankruptcy proceedings against an enterprise, cooperate include: Unsecured creditors; partially secured creditors; legal representatives of the enterprises or cooperatives; private business owners; chairpersons of the Board of Directors of joint-stock companies; chairpersons of the Members' Councils of limited liability companies with two or more members; owners of one-member limited liability companies; members of partnership companies; shareholders or groups of shareholders owning 20% or more of ordinary shares; members of cooperates or legal representatives of the cooperative members of the union of cooperates.

Article 41. Fees for consideration of legality of a strike

The employer filing an application to the Court to consider the legality of the strike must pay court fee.

Article 42. Fees for arrest of seagoing ships and aircrafts

The applicant requesting the Court to arrest the seagoing ship or aircraft must pay the fee for arresting the seagoing ship or aircraft.

Article 43. Fees for performance of judicial entrustment of foreign courts in Vietnam

Foreign parties performing judicial entrustment to Vietnamese courts to conduct a number of civil procedure activities must pay fees for performing judicial entrustment of foreign courts in Vietnam in accordance with this Resolution. In case the Socialist Republic of Vietnam and a foreign country are not both parties to international treaty providing for judicial entrustment fees, the principle of reciprocity shall be followed in accordance with the law on judicial assistance in civil matters.

Article 44. Fees for overseas judicial entrustment

Agencies, organizations and individuals that request the Court to settle civil cases giving rise to the request for overseas judicial entrustment shall have to pay the overseas judicial entrustment fee according to the provisions of this Resolution.

Article 45. Fees for issuance of copies of papers and copies of documents at the Court

Persons who request the Court to issue copies of papers or copies of documents must pay court fees.

Chapter VI

COMPLAINTS AND IMPLEMENTATION PROVISIONS

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

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

2. Complaints about decisions or acts of heads of civil judgment enforcement agencies or enforcement officers on court costs and fees shall be settled under the law on civil judgment enforcement.

3. Agencies, organizations and individuals may lodge complaints with chief judges of first-instance courts within 3 working days after receiving court notices of payment of legal cost advances, legal costs, court fee advances, court fees or notice of exemption or reduction of legal cost advances, legal costs, court fee advances, court fees and the chief justice of the first-instance court must consider and resolve the complaint within 03 working days after receiving the complaint. The decision of the Chief Justice of the first-instance court is final decision.

Complaints about legal costs and court fees in 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 in accordance with law on complaints.

Article 47. Effect

1. This Resolution takes effect from January 1, 2017.

2. From January 1, 2017, when accepting civil cases, criminal cases, and administrative cases for settlement according to first-instance or appellate procedures, issues related to legal cost advances, legal costs, court fee advances, court fees shall comply with the provisions of this Resolution.

Article 48. Transitional provisions

1. For cases accepted by the Court for settlement according to first-instance procedures or appellate procedures before January 1, 2017 but only after January 1, 2017 the Court will settle according to first-instance procedures or appellate procedures, decisions on legal costs and court fees shall be made in accordance with the 2009 Ordinance on Legal Costs and Court Fees; in case under the 2009 Ordinance on Legal Costs and Court Fees, the involved parties or convicts must bear the legal costs and court fees in accordance with this Resolution, the involved parties or convicts shall be not required to bear or be exempted or reduced from the legal costs and court fees, the provisions of this Resolution shall apply.

2. For court judgments and decisions that took legal effect before January 1, 2017, the provisions of this Resolution to appeal according to cassation or reopening procedures shall not apply, unless there are other grounds for protest.

LEGAL COST AND COURT FEE TARIFF
(Issued together with the Resolution No. 326/2016/UBTVQH14 dated December 30, 2016)

A. LEGAL COST TARIFF

B. COURT FEE TARIFF