1. Cases exempted from paying court fees, court fee advance
According to Article 12 of Resolution 326/2016/UBTVQH14, the following cases are exempted from paying advance court fees and court fees:
- Employees suing to claim wages, unemployment benefits, severance pay, social insurance, compensation for work-related accidents, occupational diseases; resolving issues of compensation for damages or for illegal dismissal or termination of labor contracts;
- People requesting alimony, requesting to determine the father or mother of minor children, adult children who have lost civil act capacity;
- People filing lawsuits against administrative decisions, administrative acts in the application or enforcement of administrative educational measures at communes, wards, and towns;
- People requesting compensation for life, health, honor, dignity, and reputation;
- Children; individuals from poor or near-poor households; the elderly; people with disabilities; people with meritorious services to the revolution; Ethnic minorities in communes with particularly difficult socio-economic conditions; relatives of martyrs granted a Martyr's Family Certificate by a competent State agency.
In addition, children; individuals from poor or near-poor households; the elderly; people with disabilities; people with meritorious services to the revolution; ethnic minorities in communes with particularly difficult socio-economic conditions; relatives of martyrs granted a Martyr's Family Certificate by a competent State agency will also be exempted from advance court fees and court fees prescribed in Clause 1, Article 4 of Resolution 326/2016/UBTVQH14.
In case the parties agree that one party shall bear all or part of the court fees payable, and the party who bears all or part of the court fees payable is exempted from paying court fees, the Court shall only consider exempting the court fees for the part that the exempted person must bear according to the provisions of this Resolution. The court fees and charges that the person pays on behalf of another person are not exempted from payment.
2. Cases reduced from paying court fees, court fee advance
Pursuant to Article 13 of Resolution 326/2016/UBTVQH14, a person who encounters a force majeure event resulting in not having enough assets to pay the court fees, court fees advance, with confirmation from the People's Committee of the commune where that person resides shall be entitled to a 50% reduction in the advance court fees, court fees advance that person must pay.
Those in the above cases shall still be liable for all court fees and court fees advance when they fall into one of the following cases:
- There is evidence to prove that the person entitled to the reduction in court fees, court fees advance is not the person who encounters a force majeure event resulting in not having enough assets to pay the court fees, court fees advance;
- According to the Court's legally effective judgment or decision, they have assets to pay all court fees and charges that they must pay.
In case the parties agree that one party shall pay all or part of the court fees and the party who pays all or part of the court fees is eligible for a reduction in court fees, the Court shall only reduce 50% of the court fees that the person eligible for a reduction in court fees must pay according to the provisions of this Resolution. The court fees and charges that the person accepts to pay on behalf of another person shall not be reduced.
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