Hi DMS Law firm in Vietnam! Who is liable to pay appellate civil court fees in Vietnam ? Can you advise me cases where the appellant must pay civil court fees in appellate courts in Vietnam ?
Obligation to pay appellate civil court fee advances
The appellate in an appellate procedure must pay advance for appellate court fee, except for those who are not required to pay or are exempted from paying court fee advance in accordance with provisions of this Resolution (Article 28 Resolution No. 326/2016/UBTVQH14 dated 30 December 2016).
Obligation to bear appellate civil court fees
The appellant must pay the appellate Court fees, if the appealed first-instance judgments or decision are upheld by the Courts of appeal, except for cases where the appellants are exempted from, or are not required to pay such fees.
If the appealed first-instance judgments or decisions are amended by the Courts of appeal, the appellants involving amended parts of the judgments, decisions shall not pay the appellate Court fees. The Courts of appeal must re-determine the obligation to bear first-instance Court fees as provided for in Article 147 of the Code of Civil Procedure and Article 26 and 27 of this Resolution.
Where the Courts of appeal abrogate the appealed first-instance judgments/decisions for retrial under first-instance procedure, the appellants shall not be obliged to bear the appellate Court fees, the obligation to bear Court fees shall be re-determined when the cases are retried under first-instance procedure (Clauses 1, 2 and 3 Article 29 Resolution No. 326/2016/UBTVQH14 dated 30 December 2016).
Who must pay first-instance civil court fees in Vietnam ?
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Is an appellant liable to pay appellate civil court fees in Vietnam ?
Thi-Ha Nguyen, Lawyer’s assistant
|DMS Law firm in Vietnam|
Lawyer Do Minh Son
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Law firm in Vietnam advises about who is liable for fees in first-instance civil court cases in Vietnam