Hanoi National University, Faculty of Law
Nguyen Thi Lan
CIVIL COURT FEES IN VIETNAMESE LAW
Major: Civil law and civil procedure
Code: 60 38 01 03
Master of Laws Thesis
Scientific supervisor: Dr. Bui Thi Huyen
Hanoi - 2014
Promise
I hereby certify that this is my own scientific research work. The figures, examples and citations in the thesis ensure reliability, accuracy and honesty. The scientific conclusions of the thesis have never been published in any other work.
Thesis author
Nguyen Thi Lan
INDEX
Page | ||
Cover page | ||
Promise | ||
Index | ||
List of tables | ||
INTRODUCTION | 1 | |
Chapter 1 : THEORETICAL ISSUES ON CIVIL COURT FEES | 5 | |
1.1. | Concept and meaning of civil court fees | 5 |
1.1.1. | Concept of civil court fees | 5 |
1.1.2. | Meaning of civil court fees | 8 |
1.2. | Basis of regulations on civil court fees | 9 |
1.2.1. | General basis of regulations on civil court fees | 9 |
1.2.2. | Basis of regulations on civil court fees and provisional court fees civil charges | 14 |
1.2.3. | Basis of regulation on subjects liable for court fees and provisional payment court fee | 17 |
1.2.4. | Basis of regulation on cases where no payment is required or exempt from court fees, advance court fees | 18 |
1.3. | Brief history of formation and development of legal regulations Vietnam On civil court fees | 19 |
1.3.1. | The period from 1946 to 1976 | 19 |
1.3.2. | Period from 1976 to 2005 | 21 |
1.3.3. | Period from 2005 to present | 25 |
Chapter 2 : CONTENT OF PROVISIONS OF LAW CURRENT VIETNAMESE LAW ON CIVIL COURT FEES | 29 | |
2.1. | First instance civil court fees | 29 |
2.1.1. | Court fees and advance court fees | 29 |
2.1.2. | Subjects obliged to pay civil court fees and advance civil court fees | 35 |
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Conditional civil transactions according to the provisions of Vietnamese civil law - 4 -
Temporary Emergency Measures Under Vietnamese Civil Procedure Law -
Contract transfer under Vietnamese civil law - 5 -
Guarantee in Vietnamese civil law - 2 -
Resolving disputes between consumers and traders by court under current Vietnamese law - 6
first instance | ||
2.1.3. | How to calculate advance payment for first instance civil court fees | 47 |
2.2. | Civil appeal fees | 49 |
2.2.1. | Civil appeal fees | 49 |
2.2.2. | Subjects obliged to pay civil appeal fees | 49 |
2.3. | Procedures for paying civil court fees | 51 |
2.4. | Cases where civil court fees are not required or exempted and related procedures | 53 |
2.4.1. | Cases where no advance payment of civil court fees is required | 53 |
2.4.2. | Cases of exemption from paying advance civil court fees | 55 |
2.4.3. | Procedures for exemption from advance payment of civil court fees | 56 |
2.4.4. | Handling of advance payment of civil court fees | 57 |
Chapter 3 : PRACTICAL APPLICATION AND RECOMMENDATIONS FOR IMPROVING THE PROVISIONS OF CIVIL PROCEDURE LAW VIETNAM ON CIVIL COURT FEES | 61 | |
3.1. | Practical application of current procedural law provisions on civil court fees | 61 |
3.1.1. | On the civil court fees at first instance | 61 |
3.1.2. | Regarding the subject of paying court fees and advance court fees | 62 |
3.1.3. | On the obligation to pay court fees in specific cases | 64 |
3.1.4. | About cases exempted from court fees | 74 |
3.2. | Proposal to improve current procedural law regulations civil litigation | 75 |
3.2.1. | About civil court fees | 75 |
3.2.2. | On exemption and reduction of court fees | 76 |
3.2.3. | About the procedure for paying advance civil court fees | 77 |
3.2.4. | On handling of advance payment of civil court fees | 77 |
3.2.5. | On the obligation to pay civil court fees | 78 |
CONCLUDE | 81 | |
LIST OF REFERENCES | 82 |
LIST OF TABLES
board
NumberTable name | Page | |
2.1 | First instance court fees for civil dispute cases value | 32 |
2.2 | First instance court fees for cases of business disputes business, trade with quota | 32 |
2.3 | First instance court fees for labor dispute cases price threshold | 33 |
INTRODUCTION
1. Urgency of the topic
In the current civil procedure law, civil court fees are regulated in Articles 127 to 134 of the 2004 Civil Procedure Code and the 2009 Ordinance on Court Fees and Charges and are guided by Resolution No. 01/2012 dated June 13, 2012 of the Council of Judges of the Supreme People's Court. In addition, civil court fees are also one of the issues that need to be resolved in a judgment. The above provisions partly show the important role of civil court fees in Vietnamese law in general and the civil proceedings in particular. However, in reality, the implementation of current legal provisions on civil court fees still has many problems and is not consistent, such as: determining the advance payment of civil court fees, the person who must pay civil court fees, the subjects who are exempted from civil court fees, etc. Therefore, the Courts still make contradictory and inappropriate decisions, leading to the cancellation of judgments, retrials or prolonging the litigation process, wasting time and money of the litigants as well as the State. The 2011 revised Civil Procedure Code has also been in effect for nearly 3 years and needs to have practical summaries to find out the problems, inadequacies and inappropriateness to continue studying, editing and supplementing to suit reality. Faced with this situation, the author chose the topic: " Civil court fees in Vietnamese law " as his master's thesis to comprehensively study the issues of court fees and propose measures to overcome and limit the shortcomings of civil court fees, contributing to partly solving the urgent requirements of reality.
2. Research status of the topic
After researching and collecting documents, some research works related to civil court fees are as follows: On the topic of master's thesis
Doctor of Law, with the topic: "First-instance civil court fees" by author Phan Van The, 2012. The thesis has researched and clarified theoretical issues on first-instance civil court fees; current Vietnamese procedural law regulations on civil court fees at the first instance level and recommendations for improving current laws on civil court fees at the first instance level. However, the thesis has not yet explained the scientific basis for developing regulations on court fee levels, who must pay court fees, cases of exemption and reduction of court fees... Regarding the articles in the legal magazine, there are the articles: " Some issues on first-instance civil court fees and practice " by author Do Van Chinh, People's Court Magazine, issue I, September 2013; " Some things about the ordinance on court fees and charges " by author Thai Nguyen Toan, Inspection Magazine, issue 13, July 2011; " Learning some regulations in the Ordinance on Court Fees and Charges " by author Do Van Chinh, People's Magazine, No. 03/2010; " Basic irrationalities from regulations on fees, charges, and costs of civil judgment enforcement " by author Le Thu Ha, Legislative Research Magazine, No. 6, May 2008; " Some issues to note when drafting on court fees " by author Le Van Luat, People's Court Magazine, No. 04/2008; " Some difficulties and problems in the practical application of the provisions of the Civil Procedure Code on appraisal, appraisal costs, valuation, court fees, and some recommendations " by author Pham Minh Tuyen, People's Court Magazine, No. 15, 2008; … In general, legal research on the above issue has not yet had a systematic, comprehensive and complete research work, and there is a lack of thorough research works on this issue.
3. Purpose and research tasks of the thesis
The author will systematically research the issue of " Civil court fees in Vietnamese law ". The thesis will focus on clarifying theoretical issues on civil court fees, explaining the scientific basis for developing regulations on court fee levels, who must pay court fees, and cases of exemption or non-payment of court fees.
fees, current legal regulations on civil court fees and practical application of regulations on civil court fees. Through research, make assessments and find out the limitations in practice. From there, point out the causes and find effective solutions.
With such purpose, the thesis has the task of researching theoretical issues on civil court fees, legal provisions on this issue and studying the practical application of law at district and provincial People's Courts.
4. Research object and scope
The research subjects are theoretical issues on civil court fees, regulations of Vietnamese law on civil court fees and practical application in the Courts.
Civil court fees are a broad research topic, however, within the limits of a master's thesis, the author only studies the law on civil court fees and their practical application in Vietnamese courts, not fees.
5. Methodology and research methods
The thesis is completed on the basis of Marxism-Leninism methodology, dialectical materialism and historical materialism, Ho Chi Minh's thought on State and law; the viewpoint of the Communist Party of Vietnam on judicial reform and building a socialist rule-of-law state. In addition, the thesis uses scientific research methods such as: analysis method, synthesis method, comparison method to carry out the topic.
6. Research results and significance of the thesis
The research results of the thesis will contribute to providing basic knowledge about civil court fees, and at the same time contribute to continuing to perfect this legal system in the current Civil Procedure Code, as well as perfecting the legal system in general.
7. Structure of the thesis
In addition to the introduction, conclusion and list of references, the content of the thesis includes 3 chapters:
Chapter 1 : Theoretical issues on civil court fees.
Chapter 2 : Contents of provisions of current Vietnamese procedural law on civil court fees.
Chapter 3 : Practical application and some recommendations to improve the provisions of Vietnamese civil procedure law on civil court fees.