Not having to pay first instance court fees?
Case 1: Before opening a court session, if involved parties can reach agreement on compensation for damage and request the Court to record damage compensation, they are not required to bear first-instance civil court costs (point f, Clause 1, Article 23). , Resolution No. 326).
Case 2: Before the court conducts conciliation, if the involved parties can reach mutual agreement on the division of common property of husband and wife and request the court to record in the judgment or decision, the involved parties shall not have to bear civil court costs. the first instance proceedings for the division of common property (point d, clause 5, Article 27, Resolution 326).
Classification of civil court costs
According to the type of dispute, civil court costs are divided into:: Court fees for settling civil, marriage, family, business, commercial, labor disputes. Court fees are specified in the List of court costs and fees promulgated together with Resolution No. 326.
According to the quota then civil court costs are divided into quotable civil court costs and non-quota civil court costs. Clauses 2 and 3, Article 24 of Resolution No. 326 stipulates as follows:
- A civil case without a value is a case in which the claimant’s claim is not an amount or the value cannot be determined in a specific amount. For example: Disputes over divorce, disputes over child support, disputes over property claims for loan, accommodation; disputes over property ownership and disputes over land use rights that the Court does not consider the value, only considers property ownership and disputes over land use rights; In case one party requests the recognition of the contract of purchase and sale of assets, the transfer of land use rights and the other party requests the declaration that the contract of sale and purchase of the property or the transfer of land use rights is void and there is no request whatsoever. other…
- Valuable civil case is a case in which the claim of the involved party is an amount of money or property that can be determined in a specific amount. For example, disputes over various types of contracts, disputes over division of common property, disputes over inheritance division, disputes over compensation for property damage, disputes over property ownership and disputes over use rights. land use where the Court must determine the value of the property…
The difference between a civil case with a value and without a value is whether the involved parties ask for money or not.
Obligation to pay court fee advance
According to Clause 2, Article 70, Article 146, Article 147 of the Civil Procedure Code, the involved parties are obliged to pay court cost advances, fee advances, court costs, fees and other procedural expenses as prescribed. under the law.
In which, the litigants such as “plaintiff” (the petitioner), “the defendant” (the defendant) have a counterclaim against the plaintiff and the person with related interests and obligations has an independent claim. in civil cases must pay money first-instance court fee advance. Thus, if you want to initiate a lawsuit, you must first check and pay the correct and sufficient amount of the first-instance court fee advance.
Who is the last person to pay first-instance civil court costs?
Before bringing the case to trial, the involved parties had to complete the procedure to pay the “court fee advance”. When the case is over, loser (the party whose request is not approved by the Court) will have to bear the first-instance court fee, unless the first-instance court fee is exempted or not.
In case the plaintiff wins the case (approved by the Court), the defendant will have to bear the entire first-instance court fee that the plaintiff has previously advanced. Persons with related interests and obligations who have independent claims that are not approved by the court must pay civil court costs.
In the case of division of common property, if the involved parties cannot determine their own part of the common property and request the Court to resolve the division of such common property, each involved party must bear the preliminary court costs. commensurate with the value of the property they are entitled to…
Valuable civil court costs
According to Clause 3, Article 24 of Resolution 326/2016/UBTVQH14, then valuable civil case is a case in which the claimant’s claim is for an amount of money or property that can be determined in a specific amount. Court fees and first-instance court cost advances for cases with valuable values are specified in Article 7 and the List of court costs and fees promulgated together with Resolution 326/2016/UBTVQH14.
In addition, for a dispute over an invalid land use right transfer contract, the obligation on the first-instance civil lawsuit is determined as follows: The party requesting the declaration of the contract to be invalid shall bear the civil court costs not with a value, and at the same time the person who is required to perform an obligation on property or pay compensation for damage and return money due to an invalid civil transaction shall bear a civil court fee of a nominal value for the property on which the obligation has been performed.
The level of civil court costs has no quota
According to Article 7 and the List of court fees and charges issued together with Resolution 326/2016/UBTVQH14, court fees and advance payment First-instance fees for first-instance civil cases without quotas are as follows:
- For civil, marriage and family disputes, labor without quota: 300.000 VND, 100% advance.
- For business and commercial disputes without quota: VND 3.000.000, 100% advance.
Exemption and reduction of civil court fees
Vietnamese law also facilitates some cases exemption and reduction of civil court costs. As follows:
- Exemption from civil court fees is stipulated in Article 12 of Resolution No. 326. For example, workers sue for wages, benefits, insurance, compensation for occupational accidents, occupational diseases, and compensation for damage. because of being fired, illegally terminating the labor contract; Plaintiffs claim compensation for life, health, honor, dignity and reputation; children; people from poor households; Elderly; People with disabilities; people with meritorious services to the revolution; ethnic minority…
- Cases of reduction of civil court fee payment in Article 13 of Resolution No. 326, for example: a person experiencing a force majeure event leading to insufficient assets to pay court fees certified by the commune-level People’s Committee where the person resides. The court fee level reduced by the court is 50% of the temporary court fee level that that person has to pay.
Just pay part of the first instance court fees?
Case 1: In a divorce case, when the Court has conducted conciliation and the involved parties cannot agree on the division of common property in this session. After that, before opening the court session, the parties have reached an agreement on the division of assets, and requested the court to record it in the judgment or decision. At this time, the Court will record that the involved parties can reach an agreement on the settlement of the case in case the Court conciliates before opening the court session, and at the same time only have to bear 50% of the first-instance civil court fee. corresponding to the portion of property they are divided (Point dd, Clause 5, Article 27, Resolution No. 326).
Case 2: In a civil case requiring support, if the involved parties can reach agreement on the level of support and the mode of support before opening the court session; At the same time, if the Court is requested to record this agreement in the judgment or decision, the person with the support obligation shall bear 50% of the first-instance civil court fee which has no value (Point b, Clause 6, Article 27, Decree No. resolution number 326).