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[TẢI NGAY] Mẫu Đơn xin miễn tạm ứng án phí đầy đủ nhất

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Mẫu Đơn xin miễn tạm ứng án phí là văn bản được người miễn tạm ứng phí sử dụng để đề nghị lên Tòa Án Nhân Dân có thẩm quyền để giải quyết yêu cầu. Tham khảo và tải ngay mẫu đơn xin miễn tạm ứng án phí đầy đủ nhất dưới đây.

Các đối tượng được miễn tạm ứng án phí

Theo quy định tại Điều 12 Nghị quyết 326/2016/UBTVQH14 của Ủy ban Thường vụ Quốc hội thì 10 đối tượng sau đây thuộc diện được miễn tạm ứng án phí:

– Người cao tuổi;

– Trẻ em;

– Người khuyết tật;

– Người có công với cách mạng;

– Đồng bào dân tộc thiểu số ở các xã có điều kiện kinh tế – xã hội đặc biệt khó khăn;

– Thân nhân liệt sĩ được cơ quan Nhà nước có thẩm quyền cấp Giấy chứng nhận gia đình liệt sĩ;

– Người lao động khởi kiện đòi tiền lương, trợ cấp mất việc làm, trợ cấp thôi việc, bảo hiểm xã hội…

– Người yêu cầu cấp dưỡng, xin xác định cha, mẹ cho con chưa thành niên, con đã thành niên mất năng lực hành vi dân sự;

– Người khiếu kiện quyết định hành chính, hành vi hành chính trong việc áp dụng hoặc thi hành biện pháp xử lý hành chính giáo dục tại xã, phường, thị trấn;

– Người yêu cầu bồi thường về tính mạng, sức khỏe, danh dự, nhân phẩm, uy tín;

Nội dung của đơn đề nghị xin miễn tạm ứng án phí

Người được miễn tạm ứng án phí nêu trên phải làm đơn đề nghị gửi đến cơ quan có thẩm quyền. Theo đó, đơn đề nghị miễn tạm ứng án phí phải có các nội dung:

– Ngày tháng năm làm đơn;

– Họ tên, địa chỉ người làm đơn;

– Lý do và căn cứ đề nghị miễn tạm ứng án phí;

Mẫu đơn đề nghị xin miễn tạm ứng án phí đầy đủ nhất

CỘNG HOÀ XÃ HỘI CHỦ NGHĨA VIỆT NAM

    Độc lập – Tự do – Hạnh phúc

ĐƠN ĐỀ NGHỊ

(Về việc xin miễn tạm ứng án phí)

Kính gửi:  Tòa án nhân dân (1)  …………………………………………………………………………………………

Họ và tên người đề nghị: (2) ……………………………………………………………………………………………….

Chứng minh nhân dân/hộ chiếu/căn cước công dân số: ………….. do …………. cấp ngày………………

Địa chỉ: ……………………………………………………………………………………………………………………………

Là:(3) ……………………………………………………………………………………………………………………………..

trong vụ án/vụ việc về ……………………………………………………………giữa ……………………………………

Do (4) …………………………………………………………………………………………………………………………….. nên tôi làm đơn này kính đề nghị Tòa án nhân dân (1) ……….. xem xét miễn tạm ứng án phí cho tôi.

Tôi xin cam đoan và xin chịu hoàn toàn trách nhiệm trước pháp luật về những gì trình bày ở trên.

Xin chân thành cảm ơn!

Giấy tờ gửi kèm:                                                        …………. ngày …. tháng  …. năm 20……  

 ………………………………..                                                                     Người đề nghị

………………………………..                                              (Ký, ghi rõ họ, tên hoặc điểm chỉ)   

Chú thích:

(1) Gửi đến Tòa án nhân dân có thẩm quyền giải quyết vụ án hình sự, dân sự hoặc hành chính.

(2) Ghi rõ họ tên cùng các thông tin nhân thân theo chứng minh nhân dân. Không có chứng minh nhân dân thì thay bằng căn cước công dân hoặc hộ chiếu.

Ghi rõ cả địa chỉ thường trú, tạm trú và nơi ở hiện tại (nếu có).

Trường hợp ủy quyền phải có giấy ủy quyền và một trong các giấy tờ sau đây: Căn cước công dân; Chứng minh nhân dân; Hộ chiếu; Giấy xác nhận của Ủy ban nhân dân cấp xã nơi người đó cư trú.

(3) Tư cách tham gia giải quyết vụ án hoặc vụ việc.

Nếu trong hình sự thì là: Bị can, bị cáo, bị hại…

Nếu trong dân sự thì là: Nguyên đơn, bị đơn, ….

(4) Trình bày rõ lý do để đề nghị xem xét miễn tạm ứng án phí: Có thể do hoàn cảnh gia đình hoặc thuộc các trường hợp được miễn tạm ứng án phí.

Mẫu đơn xin miễn tạm ứng án phí nêu rõ thông tin về người xin miễn tạm ứng án phí, gửi đến Tòa án nhân dân có thẩm quyền giải quyết vụ án hình sự, dân sự hoặc hành chính.

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