In legal proceedings, are disabled exempt from or granted reduced court fees?

Legal Situation: 

Hello Lawyers. I am suing my neighbor over a land dispute. I have a disability certificate issued by the Commune People's Committee. So, I would like to ask if I can be exempted from or granted reduced court fees when participating in civil cases such as land disputes. If so, what is the procedure to request a fee waiver or reduction? I would appreciate your advice on this matter. Thank you!

FDVN’s Opinions:

According to Clause 1, Article 2 of Law on Persons with disabilities 2010, “Person with disabilities means a person who is impaired in one or more body parts or suffers functional decline manifested in the form of disability which causes difficulties in his/her work, daily life and study.”

According to Circular No. 01/2019/TT-BLĐTBXH, the determination of disability levels is carried out at the People's Committee of the commune or the local health station. If the person with disabilities cannot reach the designated locations, the Council can determine the disability level at that person’s place of residence. According to Article 2 of this Circular, the Council responsible for determining disability levels, established by the Chairman of the People's Committee at the commune level, consists of the following members: The Chairman of the People's Committee at the commune level, who also serves as the Chairman of the Council; The head of the local health station at the commune level; A local government official responsible for labor, veterans, and social affairs at the commune level; The head or deputy head of the Vietnam Fatherland Front Committee, the Women's Union, the Youth Union, or the Veterans Association at the commune level; The head of the local organization of persons with disabilities at the commune level, where such an organization exists.

Furthermore, based on Article 12, Points d and e, of Resolution 326/2016/UBTVQH14, regarding the exemption from paying advance fees, court fees, advance court costs, and court costs, persons with disabilities are exempt from paying advance fees, court fees, advance court costs, and court costs. 

To apply this regulation, you need to submit a Request to the competent Court along with the necessary documents and evidence proving that you qualify for the exemption or reduction. The Request to exempt or reduce advance fees, court fees, advance court costs, and court costs should include the following information: a) The date of the Request. b) Name, address of the applicant. c) The reason for and the basis of the request for exemption or reduction.

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