Resolution No. 326/2016/UBTVQH14 on the levels of court fees and litigation costs, their exemptions, reductions, collection, payment, management, and utilization.

RESOLUTION

REGULATIONS ON THE LEVEL OF COURT FEES AND LICENSE FEES COLLECTION, EXEMPTION, REDUCTION, PAYMENT, MANAGEMENT, AND USE

AND COURT FEES

THE STANDING COMMITTEE OF THE NATIONAL ASSEMBLY
SOCIALIST REPUBLIC OF VIET NAM

On the basis of the Constitution of the Socialist Republic of Vietnam;

WHEREAS, Law on the Organization of the National Assembly No. 57/2014/QH13 dated November 20, 2014;

WHEREAS, Law on Fees and Licenses No. 97/2015/QH13 dated November 25, 2015;

CONSIDERING the proposal of the Government at the Report No. 377/TTr-CP dated October 5, 2016; Supplementary Report No. 571/TTr-CP dated December 19, 2016 and the Review Report No. 262/BC-UBTCNS14 dated December 19, 2016 of the Committee for Finance and Budget;

RESOLUTION:

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Resolution stipulates the level of court fees and license fees, advance payment of court fees and license fees, obligation to pay advance payment of court fees and license fees, obligation to bear court fees and license fees, cases not required to pay, exempted from paying, exemption, reduction of court fees and license fees, examination of exemption and reduction, deadlines for payment, collection, payment, management, and handling of advance payment of court fees and license fees, court fees and license fees; handling complaints about court fees and license fees; supervision of collection, payment, exemption, reduction, and handling of complaints about court fees and license fees.

Article 2. Applicability

This Resolution applies to agencies, organizations, and individuals related to court fees and license fees.

Article 3. Court Fees

1. Court fees include:

a) Criminal court fees;

b) Civil court fees including civil dispute resolution, family and marriage disputes, business and commercial disputes, labor disputes;

c) Administrative court fees.

2. The types of court fees specified in Clause 1 of this Article include first-instance court fees and appeal court fees.

Article 4. License Fees of the Courts

1. License fees for resolving civil requests, family and marriage disputes, business and commercial disputes, labor disputes within the jurisdiction of the courts as prescribed in Clauses 1, 2, 3, 4, 6, 7, 8, 9, and 10 of Article 27; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10, and 11 of Article 29; Clause 1 and Clause 6 of Article 31; Clause 1 and Clause 5 of Article 33 of the Civil Procedure Code.

2. License fees for recognizing and enforcing foreign court decisions, foreign authorities' decisions, or refusing to recognize foreign court decisions, foreign authorities' decisions without enforcement requests in Vietnam, or recognizing and enforcing foreign arbitral awards in Vietnam, including:

a) License fees for recognizing and enforcing foreign court decisions, foreign authorities' decisions, or refusing to recognize foreign court decisions, foreign authorities' decisions without enforcement requests in Vietnam, or recognizing and enforcing foreign arbitral awards in Vietnam as prescribed in Clause 5 of Article 27; Clause 9 of Article 29; Clause 4 and Clause 5 of Article 31; Clause 3 and Clause 4 of Article 33 of the Civil Procedure Code;

b) License fees for appealing the court's decision on recognizing and enforcing foreign court decisions in Vietnam; foreign arbitral awards.

3. License fees for resolving requests related to the Vietnam Commercial Arbitration Commission's dispute resolution according to the law on commercial arbitration.

4. License fees for filing a request to initiate bankruptcy proceedings.

5. License fees for examining the legality of a strike.

6. License fees for seizing ships and aircraft.

7. License fees for judicial assistance of foreign courts in Vietnam.

8. License fees for judicial assistance abroad.

9. License fees for issuing copies of documents and photographing materials at the court, including:

a) License fees for photographing materials and evidence in case files conducted by the court;

b) License fees for issuing copies of court judgments and decisions;

c) License fees for issuing copies of decisions to erase criminal records;

d) License fees for issuing copies of other court documents.

Article 5. Advance payment of court fees

1. Advance payment of court fees includes advance payment of first-instance court fees and advance payment of appeal court fees.

2. Advance payment of civil case handling fees includes advance payment of first-instance handling fees and advance payment of appeal handling fees for cases where the decision of the first-instance court can be appealed according to the Civil Procedure Code.

Article 6. Amounts of court fees

1. The amounts of court fees are specified in the List of Court Fees accompanying this Resolution.

2. For civil, family, business, commercial, labor disputes and administrative cases resolved through simplified procedures, the amount of court fees shall be 50% of the amount of court fees stipulated in Section A of the List of Court Fees accompanying this Resolution.

Article 7. Amounts of advance payment of court fees

1. The amount of advance payment of civil appeal court fees in criminal cases is equal to the amount of advance payment of civil appeal court fees.

2. The amount of advance payment of civil first-instance court fees in civil cases without a valuation amount is equal to the amount of civil first-instance court fees without a valuation amount. The amount of advance payment of civil first-instance court fees in civil cases with a valuation amount is 50% of the amount of civil first-instance court fees with a valuation amount that the court estimates based on the value of disputed assets requested for resolution by the parties, but not less than the amount of civil first-instance court fees in civil cases without a valuation amount.

The amount of advance payment of civil appeal court fees in civil cases is equal to the amount of civil appeal court fees.

3. The amount of advance payment of administrative first-instance court fees is equal to the amount of administrative first-instance court fees. The amount of advance payment of administrative appeal court fees is equal to the amount of administrative appeal court fees. The amount of advance payment of civil appeal court fees in administrative cases is equal to the amount of advance payment of civil appeal court fees.

4. For civil, family, business, commercial, labor disputes and administrative cases resolved through simplified procedures, the amount of advance payment of court fees is 50% of the amount of advance payment of court fees stipulated in Clause 2 and Clause 3 of this Article.

5. The amount of advance payment of first-instance handling fees for civil cases is equal to the amount of first-instance handling fees for civil cases.

6. The amount of advance payment of appeal handling fees for civil cases is equal to the amount of appeal handling fees for civil cases.

Article 8. Value of property as basis for advance payment of court fees

1. The value of property as the basis for advance payment of court fees is prioritized in the following order from point a to point đ of this clause:

a) Value determined by competent state agencies;

b) Value provided by appraisal companies;

c) Value stated in documents attached to the case file;

d) Market value at the time and location of asset valuation;

đ) In cases where it is not possible to determine the value of disputed assets based on points a, b, c, and d of Clause 1 of this Article, the court sends a request to the financial authority at the same level for comments on asset valuation. Within three working days from the date of receipt of the request, the financial authority must provide a response regarding asset valuation. If the court does not receive a response from the financial authority within this period, the court will set the amount of advance payment of court fees.

2. Where one of the bases specified in points a, b, c, and d of Clause 1 of this Article has already determined the value of the asset for calculating advance payment of court fees, the subsequent bases will not be considered.

Article 9. Obligation to pay advance litigation fees and court fees

Agencies, organizations, and individuals must pay advance litigation fees and court fees, except where they are not required to pay or are exempted from paying advance litigation fees and court fees as provided for in this Resolution.

Article 10. Authorities collecting advance litigation fees and court fees

1. The civil enforcement agency collects litigation fees as stipulated in Article 3 and various types of court fees as stipulated in Clause 1, Point b Clause 2, Clauses 4, 5, and 8 of Article 4 of this Resolution.

2. The Court collects court fees as stipulated in Point a Clause 2, Clauses 3, 6, and 9 of Article 4; Clause 4 of Article 39 of this Resolution.

3. The Ministry of Foreign Affairs collects court fees as stipulated in Clause 7 of Article 4 of this Resolution.

4. The authorities with the power to collect litigation fees and court fees as stipulated in Clauses 1 and 2 of this Article have the authority to collect advance litigation fees and court fees.

Article 11. Exemption from payment of advance litigation fees and court fees; exemption from payment of litigation fees and court fees

1. In the following cases, there is no obligation to pay advance litigation fees or litigation fees:

a) Individuals who file complaints about voter lists for elections of National Assembly deputies, People's Council deputies, or referendums;

b) Agencies, organizations, or individuals initiating civil lawsuits or appealing judgments or decisions that are not yet legally effective to protect the legitimate rights and interests of others, public interest, or state interest as provided for in Article 187 of the Civil Procedure Code, except when state-owned enterprises initiate lawsuits related to their business activities;

c) The Social Policy Bank initiating lawsuits or appealing judgments or decisions that are not yet legally effective to recover loans made to the poor and other policy beneficiaries;

d) The Public Prosecutor lodging appeals against judgments or decisions of the Court through appellate procedures;

đ) Defense counsel for defendants under 18 years old or with mental or physical disabilities;

e) Legal representatives protecting the rights and legitimate interests of victims or parties under 18 years old or with mental or physical disabilities;

f) Other cases where there is no obligation to pay advance litigation fees or litigation fees as prescribed by law.

2. In the following cases, there is no obligation to pay advance court fees or court fees:

a) Individuals filing applications to commence bankruptcy proceedings for enterprises or cooperatives as stipulated in Clause 2 of Article 5 and Point a Clause 1 of Article 105 of the Bankruptcy Law;

b) The Trade Union Committee requesting the Court to examine the legality of strikes;

c) Representatives of workers' collectives requesting the Court to examine the legality of strikes;

d) Agencies, organizations, or individuals with the authority requesting the Court to annul illegal marriages; change direct custody of children; restrict parental rights over minor children; compel non-voluntary maintenance obligations to be fulfilled as stipulated in Clause 2 of Article 10, Clause 5 of Article 84, Clause 2 of Article 86, and Clause 2 of Article 119 of the Marriage and Family Law; state agencies requesting the Court to provide copies or extracts of judgments;

đ) The Public Prosecutor lodging appeals against decisions of the Court through appellate procedures;

e) Other cases where there is no obligation to pay advance court fees or court fees as prescribed by law.

3. Consumers initiating civil lawsuits to protect their legitimate rights and interests are exempt from paying advance litigation fees and court fees as stipulated in Clause 2 of Article 43 of the Consumer Protection Law.

4. Enforcement officers requesting the Court to resolve matters as stipulated in Clause 1 of Article 74; Clause 1 and Clause 2 of Article 75 of the Civil Enforcement Law are exempt from paying advance litigation fees and court fees; they are also exempt from paying litigation fees and court fees.

Article 12. Exemption from payment of advance litigation fees, litigation fees, advance court fees, and court fees

1. The following cases are exempted from payment of advance litigation fees, litigation fees:

a) Workers initiating lawsuits to claim wages, unemployment benefits, severance pay, social insurance, compensation for work-related accidents, occupational diseases; resolving issues of damage compensation or being dismissed, termination of labor contracts contrary to the law;

b) Individuals requesting maintenance payments, seeking to establish paternity or maternity for minor children or adult children who have lost their civil capacity;

c) Individuals contesting administrative decisions, administrative acts in the application or enforcement of administrative measures for education at commune, ward, town levels;

d) Individuals requesting compensation for life, health, reputation, personality, and credibility;

đ) Children; individuals belonging to poor households, near-poor households; elderly people; persons with disabilities; those who have rendered meritorious service to the revolution; ethnic minority groups residing in communes with extremely difficult socio-economic conditions; relatives of martyrs certified by competent state agencies as烈士家属。

2. The cases stipulated in point đ Clause 1 of this Article are exempted from advance court fees and court fees as prescribed in Clause 1 of Article 4 of this Resolution.

3. In cases where the parties agree that one party shall bear all litigation fees or part of the litigation fees payable, if the party bearing all litigation fees or part of the litigation fees payable falls under the exemption category, the Court shall only consider exempting litigation fees for the portion that the person falling under the exemption category must bear according to this Resolution. The portion of litigation fees and court fees paid on behalf of another person shall not be exempted.

Article 13. Reduction of advance litigation fees, litigation fees, advance court fees, and court fees

1. Individuals encountering force majeure events leading to insufficient assets to pay advance litigation fees, litigation fees, advance court fees, and court fees, with confirmation from the People's Committee of the commune where they reside, shall be granted a 50% reduction in the amount of advance litigation fees, litigation fees, advance court fees, and court fees they are required to pay.

2. Individuals falling under the cases stipulated in Clause 1 of this Article still must bear the full litigation fees and court fees when they fall under any of the following circumstances:

a) There is evidence proving that the individual receiving a reduction in advance litigation fees, litigation fees, advance court fees, and court fees is not an individual encountering force majeure events leading to insufficient assets to pay advance litigation fees, litigation fees, advance court fees, and court fees;

b) According to the final judgment or decision of the Court, they have assets to pay the full amount of litigation fees and court fees they are required to bear.

3. In cases where the parties agree that one party shall bear all litigation fees or part of the litigation fees payable, if the party bearing all litigation fees or part of the litigation fees payable falls under the reduction category, the Court shall only reduce 50% of the litigation fees that the person falling under the reduction category must bear according to this Resolution. The portion of litigation fees and court fees paid on behalf of another person shall not be reduced.

Article 14. Documents for Requesting Exemption or Reduction of Advance Litigation Fees, Litigation Fees, Advance Court Fees, and Court Fees

1. Individuals requesting exemption or reduction of advance litigation fees, advance court fees, litigation fees, and court fees under Articles 12 and 13 of this Resolution must submit a request form to the competent Court along with supporting documents and evidence proving their eligibility for exemption or reduction.

2. The request form for exemption or reduction of advance litigation fees, litigation fees, advance court fees, and court fees must include the following contents:

a) Date of submission;

b) Name and address of the applicant;

c) Reasons and grounds for requesting exemption or reduction.

Article 15. Authority to Waive or Reduce Advance Litigation Fees and Litigation Fees

1. Before accepting a case for trial, the Judge assigned by the Chief Justice of the Court has the authority to examine applications for waiving or reducing advance litigation fees for the first instance.

2. After accepting a case for trial, the Judge assigned by the Chief Justice of the Court to resolve the case has the authority to examine applications for waiving or reducing advance litigation fees from defendants who have counterclaims, and from interested parties with independent claims in the case.

3. The Judge assigned by the Chief Justice of the first-instance Court has the authority to examine applications for waiving or reducing advance litigation fees for the second instance.

4. Before convening a first-instance or second-instance hearing, the Judge assigned by the Chief Justice of the Court to resolve the case has the authority to waive or reduce litigation fees for parties who request it.

5. Within three working days from the date of receiving applications for waiving or reducing advance litigation fees and litigation fees along with supporting documents and evidence proving eligibility for waiver or reduction, the Court shall notify in writing about the decision on waiving or reducing or not waiving or reducing advance litigation fees and litigation fees. In cases where waiver or reduction is not granted, the reasons must be clearly stated.

6. At the hearing, the first-instance or second-instance Bench has the authority to waive or reduce litigation fees for parties who request it when issuing judgments or decisions resolving the substantive issues of the case.

Article 16. Authority to Waive or Reduce Advance Court Fees and Court Fees

1. Before accepting civil matters for trial, the Judge assigned by the Chief Justice of the Court has the authority to examine applications for waiving or reducing advance court fees.

2. The Judge assigned by the Chief Justice of the first-instance Court has the authority to examine applications for waiving or reducing advance court fees for the second instance.

3. Before convening a first-instance or second-instance meeting, the Judge assigned by the Chief Justice of the Court to resolve civil matters has the authority to waive or reduce court fees for parties who request it.

4. Within three working days from the date of receiving applications for waiving or reducing advance court fees and court fees along with supporting documents and evidence proving eligibility for waiver or reduction, the Court shall notify in writing about the decision on waiving or reducing or not waiving or reducing advance court fees and court fees to the applicant. In cases where waiver or reduction is not granted, the reasons must be clearly stated.

5. At the meeting, the Judge or the Civil Dispute Resolution Panel has the authority to waive or reduce court fees for resolving civil disputes for parties who request it when issuing decisions resolving the substantive issues of civil disputes.

Article 17. Time Limit for Payment of Advance Litigation Fees, Litigation Fees, Advance Court Fees, and Court Fees

1. Time limit for payment of advance litigation fees for civil cases:

a) Within seven working days from the date of receiving the Court's notice regarding payment of advance litigation fees for the first-instance civil case, the plaintiff, defendant with a counterclaim against the plaintiff, and interested parties with independent claims must pay the advance litigation fee and submit a receipt for the advance litigation fee to the Court, except in cases of legitimate reasons;

b) Within ten days from the date of receiving the first-instance Court's notice regarding payment of advance litigation fees for the second-instance civil case, the appellant must pay the advance litigation fee and submit a receipt for the advance litigation fee to the first-instance Court, except in cases of legitimate reasons.

2. Time limit for payment of advance litigation fees for administrative cases:

a) Within ten days from the date of receiving the Court's notice regarding payment of advance litigation fees for the first-instance administrative case, the claimant and interested parties with independent claims in the administrative case must pay the advance litigation fee and submit a receipt for the advance litigation fee to the Court, except in cases of legitimate reasons;

b) Within ten days from the date of receiving the first-instance Court's notice regarding payment of advance litigation fees for the second-instance administrative case, and advance litigation fees for the second-instance civil case in the administrative case, the appellant must pay the advance litigation fee and submit a receipt for the advance litigation fee to the first-instance Court, except in cases of legitimate reasons.

3. Time limit for payment of advance court fees:

a) Advance court fees for resolving civil disputes: The person required to pay the advance court fee must pay the advance court fee for the first instance and second instance and submit a receipt for the advance court fee to the Court within five working days from the date of receiving the Court's notice regarding payment of the advance court fee, except in cases of legitimate reasons;

b) Other advance court fees: The person appealing the decision of the Court as stipulated in Clause 5, Article 38, and Clause 4, Article 39 of this Resolution must pay the advance appeal court fee within five working days from the date of receiving the Court's notice regarding payment of the advance appeal court fee, except in cases of legitimate reasons.

4. Cases of legitimate reasons as provided in Clauses 1, 2, and 3 of this Article include situations where there are obstacles due to objective circumstances or events occurring objectively that cannot be foreseen and cannot be overcome despite applying all necessary and possible measures, making it impossible for the person obligated to pay the advance litigation fee or advance court fee to fulfill their obligation within the prescribed time limit.

5. Time limit for payment of litigation fees and court fees:

a) The person obligated to pay litigation fees and court fees must pay the litigation fees and court fees when the judgment or decision of the Court becomes legally effective;

b) The person requesting the Court to resolve matters as stipulated from Article 38 to Article 45 of this Resolution must pay the court fee to the competent authority as stipulated in Article 10 of this Resolution within the time limit prescribed by law.

Article 18. Handling advance payment for court fees, court fees, advance payment for court costs, and court costs

1. In cases where civil disputes or administrative litigation cases are temporarily suspended, the amount of advance payment for court fees and court costs that have been paid shall be handled when the case is continued to be resolved.

2. In cases where the court issues a decision to suspend the resolution of civil cases according to point a and point b, Clause 1, Article 217 of the Civil Procedure Code or due to the plaintiff being legally summoned twice but still absent as stipulated in point c, Clause 1, Article 217, Clause 2, Article 312 of the Civil Procedure Code or point a and point d, Clause 1, Article 143, Clause 5, Article 241 of the Administrative Litigation Law, the amount of advance payment for court fees that have been paid shall be transferred to the state treasury.

In cases where the court issues a decision to suspend the resolution of requests in civil cases due to the defendant having a counterclaim request, or persons with related rights and obligations having independent requests being legally summoned twice but still absent, the amount of advance payment for court fees that have been paid shall be transferred to the state treasury.

3. In cases where the court issues a decision to suspend the resolution of civil cases due to the claimant withdrawing all claims as stipulated in point c, Clause 1, Article 217 of the Civil Procedure Code, and other cases stipulated in points d, e, f, and h, Clause 1, Article 217 of the Civil Procedure Code, suspending the resolution of civil cases involving foreign elements as stipulated in Clause 1, Article 472 of the Civil Procedure Code, or suspending the resolution of administrative cases as stipulated in point b, c, e, f, g, and h, Clause 1, Article 143 of the Administrative Litigation Law, the advance payment for court fees shall be refunded to the person who made the payment.

In cases where the court issues a decision to suspend the resolution of requests in civil cases due to the defendant having a counterclaim request withdrawing the counterclaim, or persons with related rights and obligations having independent requests withdrawing their requests, the advance payment for court fees shall be refunded to the person who made the payment.

In cases where the court conducts supervisory review or re-trial and overturns the first-instance civil judgment or appeal judgment for retrial according to the first-instance procedure, after the first-instance court re-registers the case, if the court issues a decision to suspend the resolution of civil cases due to the parties withdrawing the lawsuit or request, the advance payment for court fees and court fees shall be refunded to the person who made the payment.

4. In cases where the court conducts appellate, supervisory review, or re-trial and overturns the first-instance judgment for retrial according to the first-instance procedure due to determining the incorrect party status, the first-instance court must issue a decision to refund the advance payment for court fees and court fees to the parties who have already paid but are determined not to be required to pay; at the same time, determine the parties who must pay the advance payment for court fees and court fees.

5. In cases where the court issues a decision to suspend the examination of requests according to point c, Clause 2, Article 366, Article 382, Clause 3, Article 388, Clause 3, Article 392 of the Civil Procedure Code, the advance payment for court costs that have been paid shall be transferred to the state treasury.

6. In cases where the court conducts supervisory review and overturns the appeal judgment or decision, maintaining the correct first-instance judgment or decision of the lower court that was overturned or amended, it must consider and decide on court fees and court costs.

In cases where the court conducts supervisory review or re-trial and overturns the judgment or decision of the court that heard the case and suspends the resolution of the case, it must consider and decide on court fees and court costs.

7. In cases where the first-instance or appeal judgment or decision has legal effect and is overturned by the supervisory review or re-trial court, if the advance payment for court fees and court fees have been refunded to the claimant or appellant, when the first-instance or appeal court re-registers the case, they must require the claimant or appellant to repay the advance payment for court fees.

Article 19. Collection, Payment, and Management of Advance Court Fees and Court Costs

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

2. Authorities with the power to collect advance court fees and court costs shall use collection receipts as prescribed.

3. Authorities collecting court fees and court costs shall open temporary state budget accounts at the State Treasury at the same level to organize the collection of advance court fees and court costs.

4. Monthly, no later than the fifth day of the following month, authorities collecting advance court fees and court costs must deposit 100% of the collected advance court fees and court costs into the temporary state budget account at the State Treasury.

5. Advance court fees and court costs are deposited into the state budget when the court's judgment or decision becomes legally effective, declaring that the person who paid the advance court fees and court costs must bear such fees and costs. The authority collecting court fees and court costs shall implement the declaration and payment of collected court fees and court costs monthly into the state budget and annual settlement according to the provisions of the Law on Tax Administration.

6. In cases where a person who has paid advance court fees and court costs, court fees and court costs, is refunded part or all of the amount paid according to the court's judgment or decision that has become legally effective, the collecting authority shall withdraw from the temporary state budget account at the State Treasury to refund the advance court fees and court costs, court fees, and court costs already collected, and implement the declaration and settlement of court fees and court costs with the tax management authority according to the provisions of the Law on Tax Administration.

Article 20. Supervision of the Collection, Payment, Exemption, Reduction, and Resolution of Appeals Regarding Court Fees and Court Costs

The Public Prosecutor's Office supervises the collection, payment, exemption, reduction, and resolution of appeals regarding court fees and court costs according to the law.

Chapter II
COURT FEES IN CRIMINAL CASES

Article 21. Types of Court Fees in Criminal Cases

1. Preliminary criminal court fee.

2. Appellate criminal court fee.

3. Preliminary civil court fee for cases where the court resolves both criminal and civil aspects in a criminal case, including preliminary civil court fees without a tariff and preliminary civil court fees with a tariff.

4. Appellate civil court fee for cases involving an appeal on the civil aspect in a criminal case.

Article 22. Obligation to Pay Advance Court Fees in Criminal Cases

1. The defendant does not have to pay advance preliminary criminal court fees, advance appellate criminal court fees, advance preliminary civil court fees, and advance appellate civil court fees.

2. Victims, civil plaintiffs, civil defendants, and parties with interests and obligations related to criminal cases do not have to pay advance preliminary criminal court fees, advance appellate criminal court fees, and advance preliminary civil court fees.

3. Victims, civil plaintiffs, civil defendants, and parties with interests and obligations related to criminal cases who appeal on the civil aspect must pay advance appellate civil court fees, except in cases where they are not required to pay advance court fees or are exempted from paying advance court fees according to this Resolution. The obligation to pay advance appellate civil court fees as stipulated in Article 28 of this Resolution, the deadline for paying advance appellate civil court fees is implemented according to point b, Clause 1, Article 17 of this Resolution.

Article 23: Obligation to Pay Litigation Fees in Criminal Cases

1. Obligation to Pay First Instance Litigation Fees in Criminal Cases:

a) The person convicted must pay first instance criminal litigation fees;

b) The victim who has requested prosecution must pay first instance criminal litigation fees if the case was initiated at their request, and subsequently the court declares the defendant not guilty or the case is discontinued due to the withdrawal of the request by the person who made it, in accordance with the Criminal Procedure Code;

c) The obligation to pay first instance civil litigation fees in criminal cases shall be implemented in accordance with Articles 26 and 27 of this Resolution;

d) In cases where the victim reports damaged property and requests compensation for damage to property, but it is proven that the value of the property damaged by the defendant is lower or higher than the reported value, the defendant must pay first instance civil litigation fees calculated based on the proven value of the damaged property;

đ) If the victim requests compensation for property damage according to the law without specifying a specific amount of money or property, they will not have to pay litigation fees if their request is not accepted by the court;

e) If the victim makes a claim for compensation for damages that does not comply with the law, the court must explain to them that they will have to pay litigation fees if their claim for compensation is not accepted by the court. If they still request the court to resolve the matter, they must pay litigation fees if their request is not accepted by the court;

f) Before the trial session begins, if the parties and the defendant reach an agreement on compensation for damages and request the court to record such compensation, they will not have to pay first instance civil litigation fees. At the trial session, if the parties and the defendant reach an agreement on compensation for damages, they must pay first instance civil litigation fees as if the court had adjudicated the case;

g) If the defendant voluntarily pays compensation for damages before the trial session begins, they will not have to pay civil litigation fees for the amount voluntarily paid;

2. Obligation to Pay Appeal Litigation Fees in Criminal Cases:

a) If both the defendant and the defendant's representative appeal the decision on the criminal aspect of the first instance judgment and the appellate court upholds the first instance decision on the criminal aspect, only the defendant must pay criminal appeal litigation fees;

b) If only the defendant or the defendant's representative appeals the decision on the criminal aspect of the first instance judgment and the appellate court upholds the first instance decision on the criminal aspect, the appellant must pay criminal appeal litigation fees;

c) If the defendant appeals the decision on the criminal aspect and the defendant's representative appeals the decision on the civil aspect or vice versa, and the appellate court upholds the first instance decision, the person appealing the respective aspect must pay litigation fees for their appeal;

d) If the defendant appeals the decision on the criminal aspect and the defendant's representative appeals the decision on the civil aspect or vice versa, and the appellate court amends the decision on the criminal aspect or the civil aspect or both, no appellant will have to pay appeal litigation fees;

đ) If the victim appeals and the appellate court upholds the first instance decision, the decision of the first instance court, or declares the defendant not guilty, the victim must pay criminal appeal litigation fees;

e) The appellant of the civil aspect of the first instance judgment must pay civil appeal litigation fees in accordance with Article 29 of this Resolution;

f) If the appellate court sets aside the first instance judgment or decision for retrial or discontinues the case, the appellant will not have to pay criminal appeal litigation fees;

g) The appellant who withdraws their appeal before the appellate trial session begins or during the appellate trial session will not have to pay criminal appeal litigation fees;

h) The appellant will not have to pay appeal litigation fees if their appeal request is accepted by the court;

Chapter III
LITIGATION FEES IN CIVIL CASES

Article 24. Types of litigation fees in civil cases

1. The types of litigation fees in civil cases include:

a) First-instance civil litigation fee for civil cases without a tariff amount;

b) First-instance civil litigation fee for civil cases with a tariff amount;

c) Second-instance civil litigation fee.

2. Civil cases without a tariff amount are cases where the claim of the party does not constitute a sum of money or cannot be determined by a specific monetary value.

3. Civil cases with a tariff amount are cases where the claim of the party constitutes a sum of money or is property that can be determined by a specific monetary value.

Article 25. Obligation to pay provisional litigation fee for first-instance civil cases

1. The plaintiff, defendant who has a counterclaim request, and interested parties with independent claims in civil disputes, marriage and family, business, trade, labor cases must pay the provisional litigation fee for first-instance civil cases, except in cases where they are not required to pay the provisional litigation fee or are exempted from paying the provisional litigation fee according to this Resolution.

2. In cases where there are multiple plaintiffs each having an independent claim, each plaintiff must pay the provisional litigation fee according to their individual claim. If the plaintiffs have a common claim, the plaintiffs must jointly pay the provisional litigation fee.

3. In cases where there are multiple defendants each having an independent counterclaim, each defendant must pay the provisional litigation fee according to their individual counterclaim. If the defendants have a common counterclaim, the defendants must jointly pay the provisional litigation fee.

4. In cases where there are multiple interested parties each having an independent claim, each interested party must pay the provisional litigation fee according to their individual claim. If the interested parties have a common independent claim, they must jointly pay the provisional litigation fee.

5. In cases where the civil matter is suspended and the case is accepted for resolution according to Clause 5 of Article 397 of the Civil Procedure Code, the Court must require the parties to pay the provisional litigation fee for resolving the case according to the general procedure.

Article 26. Obligation to bear first-instance civil litigation fee

1. The party must bear the first-instance civil litigation fee for their claim which is not accepted by the Court, except in cases where they are exempted or not required to bear the first-instance litigation fee.

2. The defendant must bear the entire first-instance civil litigation fee if all the plaintiff's claims are accepted by the Court.

3. The plaintiff must bear the entire first-instance civil litigation fee if all the plaintiff's claims are not accepted by the Court.

4. The plaintiff must bear the first-instance civil litigation fee corresponding to the part of the claim not accepted by the Court. The defendant must bear the first-instance civil litigation fee corresponding to the part of the plaintiff's claim against the defendant that is accepted by the Court.

5. The defendant with a counterclaim must bear the first-instance civil litigation fee corresponding to the part of the counterclaim not accepted by the Court. The plaintiff must bear the first-instance civil litigation fee corresponding to the part of the defendant's counterclaim that is accepted by the Court.

6. Interested parties with an independent claim must bear the first-instance civil litigation fee corresponding to the part of the independent claim not accepted by the Court. The party obligated to the independent claim of the interested party must bear the first-instance civil litigation fee corresponding to the part of the independent claim accepted by the Court.

7. The parties must bear 50% of the litigation fee when they reach an agreement on the resolution of the case before the trial session begins, including cases without a tariff amount.

8. When the parties reach an agreement on the resolution of the case during the first-instance trial session, the parties still must bear the first-instance civil litigation fee as if the case had been adjudicated. If the parties reach an agreement on the resolution of the case during the summary trial session as provided for in Clause 3 of Article 320 of the Civil Procedure Code, the parties must bear 50% of the litigation fee for resolving the case under the summary procedure.

9. In cases where some parties are not required to bear the litigation fee or are exempted from paying the first-instance civil litigation fee, other parties must still bear the first-instance civil litigation fee according to this provision.

10. In cases where the resolution of the case is temporarily suspended, the obligation to bear the first-instance litigation fee will be decided when the case is continued to be resolved according to this provision.

11. The plaintiff in a civil case initiated by an organization, entity, or individual to protect the rights and interests of others does not have to bear the first-instance civil litigation fee.

Article 27. Obligation to Pay Civil Litigation Fees in Certain Types of Cases

1. In disputes over claims for returned borrowed property or property lent for residence, the parties shall bear civil litigation fees as in cases of civil lawsuits without a valuation amount. In cases where, in addition to disputes over claims for returned borrowed property or property lent for residence, the parties also have disputes over compensation for damages and request the court to resolve them, the parties shall bear civil litigation fees without a valuation amount for the disputes over claims for returned borrowed property or property lent for residence, and civil litigation fees with a valuation amount for the claims for compensation for damages.

2. In disputes over ownership rights to property and disputes over land use rights, the obligation to pay civil litigation fees at the first instance is determined as follows:

a) In cases where disputes over ownership rights to property and disputes over land use rights involve the court only examining ownership rights to property and disputes over land use rights without determining value, the parties shall bear civil litigation fees as in cases of civil lawsuits without a valuation amount;

a) In cases where disputes over ownership rights to property and disputes over land use rights involve the court determining the value of the property or determining ownership or land use rights according to a share, the parties shall bear civil litigation fees as in cases of civil lawsuits with a valuation amount corresponding to the value of the share they enjoy.

3. In disputes over void purchase contracts or land use right transfer contracts, the obligation to pay civil litigation fees at the first instance is determined as follows:

a) In cases where one party requests recognition of a purchase contract or land use right transfer contract, and the other party requests declaration of the purchase contract or land use right transfer contract as void, and neither has any other demands; if the court declares the contract void, the party requesting recognition of the contract shall bear civil litigation fees as in cases of civil lawsuits without a valuation amount; if the court recognizes the contract, the party requesting declaration of the contract as void shall bear civil litigation fees as in cases of civil lawsuits without a valuation amount;

b) In cases where one party requests recognition of a purchase contract or land use right transfer contract, and the other party requests declaration of the purchase contract or land use right transfer contract as void, and there are demands for the court to resolve the consequences of the void contract, in addition to bearing civil litigation fees without a valuation amount as provided in point a, Clause 3 of this Article, the party required to perform financial obligations or compensate for losses shall bear civil litigation fees as in cases of civil lawsuits with a valuation amount corresponding to the value of the financial obligations they must perform.

4. In disputes over purchase contracts or land use right transfer contracts, where one party requests return of money, deposit, and penalty deposit, and the other party agrees to return the deposit but does not agree to the penalty deposit, and the court accepts the penalty deposit, the party not agreeing to the penalty deposit shall bear civil litigation fees as in cases of civil lawsuits with a valuation amount corresponding to the penalty deposit. If the court does not accept the penalty deposit, the party requesting the penalty deposit shall bear civil litigation fees as in cases of civil lawsuits with a valuation amount corresponding to the penalty deposit.

5. In family-related civil cases, the obligation to pay civil litigation fees at the first instance is determined as follows:

a) The plaintiff in a divorce case shall bear civil litigation fees at the first instance regardless of whether the court accepts or rejects their request. In cases of consensual divorce, each party shall bear 50% of the litigation fee;

b) Parties in family-related civil cases involving disputes over division of joint property shall, in addition to bearing civil litigation fees at the first instance as stipulated in point a, Clause 1 of Article 24 of this Resolution, also bear civil litigation fees corresponding to the value of the disputed joint property as in cases of civil lawsuits with a valuation amount corresponding to the value of the portion of the joint property they receive;

c) In cases where spouses request another person to fulfill financial obligations, and the court accepts the request of the spouse, the person with the financial obligation shall bear civil litigation fees at the first instance corresponding to the value of the divided property they must fulfill; if they cannot reach an agreement on division among themselves and include it in joint property and request the court to resolve it, each person shall bear civil litigation fees corresponding to the value of the portion of the property they receive;

d) In cases where the parties voluntarily agree on division of joint property and request the court to record it in the judgment or decision before the court conducts mediation, the parties shall not bear civil litigation fees at the first instance for the division of joint property;

đ) In cases where the court has conducted mediation, during the mediation session, the parties did not reach an agreement on division of joint property, but before the trial session, the parties voluntarily agree on division of joint property and request the court to record it in the judgment or decision, it shall be considered that the parties have reached an agreement on resolving the case through mediation before the trial session and shall bear 50% of the civil litigation fees at the first instance corresponding to the value of the portion of the property they receive;

e) In cases where the parties have disputes over division of joint property and joint financial obligations, the court conducts mediation, the parties reach an agreement on division of some joint property and joint financial obligations, but cannot reach an agreement on some joint property and joint financial obligations, the parties still bear civil litigation fees for the division of all joint property and joint financial obligations of the spouses.

6. In cases related to maintenance obligations, the obligation to pay civil litigation fees at the first instance is determined as follows:

a) A person who has a periodic or one-time maintenance obligation according to a court decision shall bear civil litigation fees as in cases of civil lawsuits without a valuation amount;

b) In cases where the parties agree among themselves on the amount and method of maintenance before the court session begins but request the court to record it in the judgment or decision, the person obligated to provide maintenance must bear fifty percent of the civil lawsuit filing fee at the first instance level as if it were a civil case without a valuation; in cases where an agreement is reached during the court session, the person obligated to provide maintenance must bear the full civil lawsuit filing fee at the first instance level as if it were a civil case without a valuation;

c) In cases where the parties agree among themselves on the method of maintenance (including a lump sum), but cannot agree on the amount of maintenance, the person obligated to provide maintenance must bear the civil lawsuit filing fee at the first instance level as if it were a civil case without a valuation;

d) In cases where the parties cannot agree on the method of maintenance but can agree on the amount of maintenance, the person obligated to provide maintenance must bear the civil lawsuit filing fee at the first instance level as if it were a civil case without a valuation;

đ) In cases where the parties have disputes over maintenance (disputes over the amount and method of maintenance) and the court decides on the amount and method of maintenance on a fixed, monthly basis, the person obligated to provide maintenance must bear the civil lawsuit filing fee at the first instance level as if it were a civil case without a valuation;

7. For cases related to dividing joint property or inheritance, the obligation to pay the civil lawsuit filing fee at the first instance level shall be determined as follows:

a) When the parties cannot determine their own share of the joint property or each person determines their share of the joint property or their share of the inheritance differently and one of the parties requests the court to divide the joint property or inheritance, each party must bear the civil lawsuit filing fee at the first instance level corresponding to the value of the portion they receive from the joint property or inheritance. For the portion that the court rejects the claim for division, the party requesting the division of the joint property or inheritance does not need to bear the civil lawsuit filing fee. If the court determines that the joint property or inheritance requested for division is not their property, the party must bear the civil lawsuit filing fee at the first instance level without a valuation;

b) In cases where the parties propose to divide joint property or inheritance and it is necessary to consider the fulfillment of financial obligations towards third parties from the joint property or inheritance, then:

The party must bear the civil lawsuit filing fee at the first instance level for the portion of the property they receive after deducting the value of the property used to fulfill obligations towards third parties; all parties must bear an equal portion of the civil lawsuit filing fee for the portion of the property used to fulfill obligations towards third parties according to the court's decision.

The third party with a vested interest who does not make an independent claim or whose independent claim is accepted by the court does not need to bear the civil lawsuit filing fee for the received portion of the property.

The third party who makes an independent claim but whose claim is not accepted by the court must bear the civil lawsuit filing fee with a valuation for the portion of the claim that is not accepted.

Article 28. Obligation to Pay Advance Litigation Fees for Civil Appeal Proceedings

The person appealing according to the appellate procedure must pay advance litigation fees for civil appeal proceedings, except in cases where there is no obligation to pay advance litigation fees or where such payment is exempted according to this Resolution.

Article 29. Obligation to Pay Litigation Fees for Civil Appeal Proceedings

1. The party appealing must bear the litigation fees for civil appeal proceedings if the appellate court upholds the original judgment or decision appealed against, except in cases where such fees are exempted or there is no obligation to bear them.

2. In cases where the appellate court amends the original judgment or decision appealed against, the party appealing related to the part of the judgment or decision that needs to be amended does not have to bear the litigation fees for civil appeal proceedings; the appellate court must re-determine the obligation to bear the litigation fees for civil first instance proceedings as stipulated in Article 147 of the Civil Procedure Code and Articles 26 and 27 of this Resolution.

3. In cases where the appellate court sets aside the original judgment or decision appealed against for retrial at first instance, the party appealing does not have to bear the litigation fees for civil appeal proceedings; the obligation to bear the litigation fees will be re-determined when the case is resolved through the first instance procedure.

4. The party withdrawing the appeal before the appellate hearing must bear fifty percent of the litigation fees for civil appeal proceedings. The party withdrawing the appeal during the appellate hearing must bear the full litigation fees for civil appeal proceedings.

5. In cases where the parties agree among themselves on the resolution of the case at the appellate hearing, the party appealing must bear the full litigation fees for civil appeal proceedings, and about the litigation fees for civil first instance proceedings, if the parties can agree among themselves, they shall bear the litigation fees for civil first instance proceedings according to their agreement; if they cannot reach an agreement, the court will re-determine the litigation fees for civil first instance proceedings based on the content of the agreement regarding the resolution of the case at the appellate hearing.

6. In cases where the plaintiff withdraws the lawsuit before the appellate hearing or during the appellate hearing and the defendant agrees, the parties still have to bear the litigation fees for civil first instance proceedings according to the decision of the first instance court and must bear fifty percent of the litigation fees for civil appeal proceedings.

7. In cases involving persons who are not required to bear litigation fees or are exempted from paying advance litigation fees for civil appeal proceedings, other persons must still bear the litigation fees for civil appeal proceedings as provided for in Clauses 1, 4, 5, and 6 of this Article.

Chapter IV
LITIGATION FEES IN ADMINISTRATIVE CASES

Article 30. Types of Litigation Fees in Administrative Cases

1. Litigation fees for administrative first instance proceedings.

2. Litigation fees for administrative appeal proceedings.

3. Litigation fees for civil first instance proceedings in cases involving compensation for damages, including litigation fees for civil first instance proceedings without a tariff and litigation fees for civil first instance proceedings with a tariff.

4. Litigation fees for civil appeal proceedings in cases involving appeals concerning compensation for damages.

Article 31. Obligation to Pay Advance Litigation Fees for First Instance Proceedings in Administrative Cases

1. The person initiating an administrative case, or a person with independent claims in an administrative case, must pay advance litigation fees for administrative first instance proceedings, except in cases where there is no obligation to pay advance litigation fees or where such payment is exempted according to this Resolution.

2. A person requesting compensation for damages in an administrative case does not have to pay advance litigation fees for civil first instance proceedings.

3. In cases where the case is temporarily suspended, the obligation to bear the litigation fees for first instance proceedings will be determined when the case is continued to be resolved as stipulated in this Article.

Article 32. Obligation to Pay the First Instance Administrative Litigation Fee

1. The party shall pay the first instance administrative litigation fee if their claim is not accepted by the Court, except in cases where they are exempted from paying the litigation fee or are not required to pay the first instance administrative litigation fee.

2. The person with the administrative decision, administrative act, disciplinary decision terminating employment, decision resolving complaints about competition case handling decisions, and the person compiling the voter list for National Assembly election candidates, voter list for People's Council election candidates, and voter list for referendum shall pay the first instance administrative litigation fee if the Court accepts partially or entirely the lawsuit claim of the plaintiff.

3. In cases where the defendant revokes the administrative decision, disciplinary decision terminating employment, decision resolving complaints about competition case handling decisions, or terminates the administrative act being sued, and the plaintiff agrees to withdraw the lawsuit, and the interested party independently withdraws their request, the advance payment of the litigation fee will be refunded to the payer.

4. Before opening the trial session, the Court conducts mediation if the parties reach an agreement on the resolution of the case through dialogue, then they only have to pay 50% of the first instance administrative litigation fee.

5. In cases where one party is exempted from paying the first instance administrative litigation fee, other parties still have to pay the first instance administrative litigation fee according to the provisions of Clause 1 and Clause 2 of this Article.

6. A person requesting compensation for property damage under the law must pay the litigation fee if their claim is not accepted by the Court.

7. The obligation to pay the first instance civil litigation fee in administrative cases shall be implemented according to the provisions of Articles 26 and 27 of this Resolution.

Article 33. Obligation to Pay Advance Payment of the Second Instance Administrative Litigation Fee

1. The appellant must pay the advance payment of the second instance administrative litigation fee, except in cases where they are not required to pay the advance payment of the litigation fee or are exempted from paying the advance payment of the litigation fee according to the provisions of this Resolution.

2. Parties in administrative cases appealing for compensation must pay the advance payment of the second instance civil litigation fee, except in cases where they are not required to pay the advance payment of the litigation fee or are exempted from paying the advance payment of the litigation fee according to the provisions of this Resolution.

Article 34. Obligation to Pay the Second Instance Administrative Litigation Fee

1. The appellant must pay the second instance administrative litigation fee if the appellate court upholds the first instance judgment or decision appealed against, except in cases where they are exempted or are not required to pay the second instance administrative litigation fee.

2. If the appellate court amends the first instance judgment or decision appealed against, the appellant does not have to pay the second instance administrative litigation fee; the appellate court must re-determine the obligation to pay the first instance administrative litigation fee according to Article 348 of the Administrative Procedure Code and Article 32 of this Resolution.

3. If the appellate court annuls the first instance judgment or decision appealed against to retry at first instance, the appellant does not have to pay the second instance administrative litigation fee; the obligation to pay the litigation fee will be re-determined when retrial the case at first instance.

4. The appellant who withdraws the appeal before the opening of the second instance trial session must bear 50% of the second instance administrative litigation fee. The appellant who withdraws the appeal during the second instance trial session must bear the full second instance administrative litigation fee.

5. Before the opening of the second instance trial session or during the second instance trial session, if the plaintiff withdraws the lawsuit and obtains the consent of other parties, the party must still bear the first instance administrative litigation fee according to the decision of the first instance court and must bear 50% of the second instance administrative litigation fee according to the law.

6. An appellant who appeals part of the decision regarding compensation in the first instance judgment must pay the second instance civil litigation fee according to Article 29 of this Resolution.

7. The appellant does not have to pay the second instance administrative litigation fee if their appeal request is accepted by the Court.

8. In cases where the second instance trial is suspended due to the appellant's absence despite being properly summoned twice by the Court, the advance payment of the litigation fee will be transferred to the state treasury.

Chapter V
COURT FEES

Section 1. COURT FEES FOR CIVIL MATTERS

Article 35. Types of court fees for civil matters

1. First-instance court fee for civil matters, family affairs, business, trade, and labor disputes.

2. Second-instance court fee for civil matters, family affairs, business, trade, and labor disputes.

Article 36. Obligation to pay provisional court fees for first-instance and second-instance proceedings

1. The person filing a request for the Court to resolve civil matters as stipulated in Clauses 1, 2, 3, 4, 6, 7, 8, 9, and 10 of Article 27; Clauses 1, 2, 3, 4, 5, 6, 7, 8, 10, and 11 of Article 29; Clause 1 and Clause 6 of Article 31; Clause 1 and Clause 5 of Article 33 of the Civil Procedure Code shall be obligated to pay provisional court fees for the resolution of such civil matters, except in cases where they are exempted or not required to pay provisional court fees according to this Resolution.

For requests to recognize consensual divorce, agreement on child custody, and division of property upon divorce, spouses may agree on who will pay the provisional court fees, except in cases where they are exempted or not required to pay provisional court fees according to the law. In cases where spouses cannot reach an agreement on who will pay the provisional court fees, each spouse must pay 50% of the provisional court fee amount.

2. The person appealing the decision resolving civil matters as stipulated in Clauses 1, 2, 3, 4, 6, 8, 9, and 10 of Article 27; Clauses 1, 4, 5, 6, 7, 8, 10, and 11 of Article 29; Clause 1 and Clause 6 of Article 31; Clause 1 and Clause 5 of Article 33 of the Civil Procedure Code must pay provisional second-instance court fees, except in cases where they are exempted or not required to pay provisional court fees according to this Resolution.

Article 37. Obligation to bear first-instance and second-instance court fees for civil matters

1. The person requesting the Court to resolve civil matters must bear first-instance court fees regardless of whether the Court accepts or rejects their request, except in cases where they are not required to bear court fees or are exempted from paying court fees according to this Resolution.

2. The appellant does not have to bear second-instance court fees if their appeal request is accepted by the Court; must bear second-instance court fees if their appeal request is not accepted by the Court.

3. For requests to recognize consensual divorce, agreement on child custody, and division of property upon divorce, spouses may agree on who will bear the court fees, except in cases where they are exempted or not required to bear court fees according to the law. In cases where spouses cannot reach an agreement on who will bear the court fees, each spouse must bear 50% of the court fee amount.

Section 2. OTHER TYPES OF COURT FEES

Article 38. Court fees for recognizing and enforcing foreign civil judgments and arbitral awards in Vietnam

Organizations, entities, and individuals must pay court fees in the following cases:

1. Requesting the Vietnamese Court to recognize and enforce a foreign civil judgment or decision issued by a foreign court or competent authority.

2. Requesting the Vietnamese Court not to recognize a foreign civil judgment or decision issued by a foreign court or competent authority.

3. Requesting the Vietnamese Court not to recognize a foreign civil judgment or decision issued by a foreign court or competent authority without a request for enforcement in Vietnam.

4. Requesting the Vietnamese Court to recognize and enforce an international arbitral award.

5. Appealing a Court decision regarding the requests stipulated in Clauses 1, 2, 3, and 4 of this Article, if the appeal request is not accepted.

Article 39. Fees for handling requests related to the Vietnam Commercial Arbitration Commission resolving disputes in accordance with the law on commercial arbitration

The person submitting a civil lawsuit request to the Court related to the activities of the Vietnam Commercial Arbitration Commission must pay court fees in the following cases:

1. Request to appoint, change arbitrators;

2. Request to apply, change, or revoke interim emergency measures;

3. Request to annul an arbitral award, register an arbitral award case;

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

5. Request the Court to collect evidence, summon witnesses;

6. Request the Court to resolve other civil matters as prescribed by the law on Vietnam Commercial Arbitration.

Article 40. Fees for filing a bankruptcy petition

Those who must pay fees when filing a bankruptcy petition for a business, cooperative include: Unsecured creditors; partially secured creditors; legal representatives of the business, cooperative; private enterprise owners; Chairman of the Board of Directors of a joint-stock company; Chairman of the Board of Members of a limited liability company with two or more members; owner of a single-member limited liability company; general partners of a partnership company; shareholders or groups of shareholders holding 20% or more of ordinary shares; members of cooperatives or legal representatives of member cooperatives of a cooperative federation.

Article 41. Fees for examining the legality of a strike

The employer who files a request to the Court to examine the legality of a strike must pay the court fee.

Article 42. Fees for seizing ships, aircraft

The person submitting a request to the Court to seize ships, aircraft must pay the ship seizure fee or aircraft seizure fee.

Article 43. Fees for executing judicial assistance from foreign courts in Vietnam

Foreign parties entrusting judicial assistance to Vietnamese courts to conduct certain civil litigation activities must pay the fee for executing judicial assistance from foreign courts in Vietnam as stipulated in this Resolution. In cases where the Socialist Republic of Vietnam and the foreign country are not both members of an international treaty governing judicial assistance fees, the principle of reciprocity shall be applied according to the relevant laws on mutual legal assistance in civil matters.

Article 44. Fees for judicial assistance abroad

Organizations, individuals requesting the Court to resolve civil cases that generate requests for judicial assistance abroad must pay the judicial assistance abroad fee as stipulated in this Resolution.

Article 45. Fees for issuing copies of documents, photographing materials at the Court

The person requesting the Court to issue copies of documents, photograph materials must pay the court fee.

Chapter VI
APPEAL AND IMPLEMENTATION PROVISIONS

Article 46. Handling appeals regarding court fees

1. Organizations, individuals have the right to appeal decisions, actions of agencies, persons authorized to temporarily advance court fees, temporary advance fees, court fees when there is evidence that such decisions, actions are contrary to the law, infringing upon their legitimate rights and interests.

2. Appeals against decisions, actions of the Head of the Civil Enforcement Agency, Enforcement Institute regarding court fees are resolved in accordance with the provisions of the law on civil enforcement.

3. Organizations, individuals have the right to appeal to the President of the first-instance Court within three working days from the date of receiving the notification from the Court about paying the temporarily advanced court fees, court fees, temporarily advanced court fees, court fees or notification about exemption, reduction of temporarily advanced court fees, court fees, temporarily advanced court fees, court fees. The President of the first-instance Court must consider and resolve the appeal within three working days from the date of receipt of the appeal letter. The decision of the President of the first-instance Court is the final decision.

Appeals regarding court fees in judgments, decisions of the Court are resolved in accordance with the provisions of the civil procedure law, criminal procedure law, or administrative procedure law.

4. Appeals regarding the collection of court fees by the Ministry of Justice, Ministry of Foreign Affairs are resolved in accordance with the provisions of the law on appeals.

Article 47. Effective Date

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

2. From January 1, 2017, when accepting civil cases, criminal cases, administrative cases for resolution through the first instance or appellate procedures, issues concerning temporarily advanced court fees, court fees, temporarily advanced court fees, court fees are implemented in accordance with the provisions of this Resolution.

Article 48. Transitional Provisions

1. For cases that have been accepted by the Court for resolution through the first instance or appellate procedures before January 1, 2017 but the Court resolves them through the first instance or appellate procedures after January 1, 2017, decisions on court fees are implemented in accordance with the provisions of the Law on Court Fees 2009; in cases where the Law on Court Fees 2009 requires the parties or convicted persons to bear court fees but this Resolution exempts or reduces court fees, the provisions of this Resolution shall apply.

2. For judgments, decisions of the Court that have taken legal effect before January 1, 2017, this Resolution shall not be applied to file supervisory review or retrial protests, except in cases where there are other grounds for protest.

LIST

COURT FEES

(Issued together with Resolution No. 326/2016/UBTVQH14 dated December 30, 2016)

A. LIST OF COURT FEES

B. COURT FEES CHARGES LIST