Are disabled people exempted or have their court fees reduced when they file a lawsuit in court? - Illustration: NGOC THANH
I have a disability certificate issued by the Commune People's Committee. I am currently suing my neighbor in court over a land dispute.
So I would like to ask if a disabled person like me, when participating in a civil case such as a land dispute, is exempted or has court fees reduced?
Lawyer Pham Thao - Da Nang City Bar Association - answered:
According to Clause 1, Article 2 of the Law on Persons with Disabilities 2010, a person with disabilities is a person who has a defect in one or more body parts or has impaired function in the form of a disability that makes it difficult to work, live, and study.
According to Circular 01/2019/TT- Ministry of Labor - Invalids and Social Affairs , the determination of disability level is conducted at the People's Committee of the commune or health station.
In case a disabled person cannot reach the above specified location, the council will determine the level of disability at the disabled person's place of residence.
According to Article 2 of this Circular, the council for determining the level of disability is decided by the Chairman of the People's Committee of the commune, ward or town, and consists of the following members: the Chairman of the People's Committee at the commune level as the chairman of the council; the head of the commune-level health station; the commune-level civil servant in charge of labor, war invalids and social affairs; the head or deputy head of the Vietnam Fatherland Front Committee, Women's Union, Youth Union, Veterans Association at the commune level; the head of the organization of the disabled at the commune level where there is an organization of the disabled.
Next, according to Point d, Clause 1 and Clause 2, Article 12 of Resolution 326/2016/UBTVQH14, which stipulates exemption from payment of advance court fees, advance court fees, and court charges, people with disabilities are exempted from payment of advance court fees, court fees, advance court fees, and court charges.
To apply this regulation, you need to submit a request to the competent court with documents and evidence proving that you are eligible for exemption or reduction.
The application for exemption or reduction of advance court fees, court fees, advance court fees, and court fees must include the following contents: Date, month, year of application; full name and address of the applicant; reason and basis for the request for exemption or reduction./.
According to TTO
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