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Measures for the Payment of Litigation Fees
Decree No.481 of the State Council of the People’s Republic of China
Measures for the Payment of Litigation Fees, adopted at the 159th Executive Meeting of the State Council on December 8, 2006, is hereby promulgated and shall become effective as of April 1, 2007.
Prime Minister Wen Jiabao
December 19, 2006
Measures for the Payment of Litigation Fees
Chapter 1 General Provisions
Article 1 These Measures are formulated in accordance with the relevant provisions of the Civil Procedure Law of the People’s Republic of China (hereinafter referred to as the “Civil Procedure Law”) and the Administrative Procedure Law of the People’s Republic of China (hereinafter referred to as the “Administrative Procedure Law”).
Article 2 The parties involved in civil lawsuits and administrative lawsuits shall pay litigation fees in accordance with these Measures.
Notwithstanding the preceding paragraph, these Measures provide for the circumstances where parties do not need to pay or may be exempted from paying litigation fees.
Article 3 No fee may be charged from any party in the course of proceedings by violating the scope and standards provided for in these Measures.
Article 4 The state provides judicial assistance to parties who have genuine difficulties in paying litigation fees, so as to ensure the exercise of their litigation rights in accordance with the law and protect their legitimate rights and interests.
Article 5 These Measures shall apply to foreigners, stateless persons, foreign enterprises or organizations that involve in lawsuits at the people’s courts.
Where citizens, legal persons or other organizations of the People’s Republic of China are treated differently in any court of a foreign country in terms of payment of litigation fees from citizens, legal persons or other organizations of such foreign country, the people’s court shall follow the principle of reciprocity.
Chapter 2 Scope of Litigation Fees
Article 6 Litigation fees that the parties shall pay to the people’s court include:
(I) acceptance fees;
(II) application fee; and
(III) travelling expenses, lodging expenses, meal expenses and compensation for absence from work, which arise from relevant witnesses, expert witnesses, translators or interpreters, and adjusters’ appearance before courts on the dates designated by the people’s court concerned.
Article 7 Acceptance fee includes:
(I) acceptance fees for cases of first instance;
(II) acceptance fees for cases of second instance; and
(III) acceptance fees for retrial cases that shall be paid in accordance with these Measures.
Article 8 No acceptance fee shall be charged for the following cases:
(I) cases tried in accordance with special procedures stipulated in the Civil Procedure Law;
(II) cases in which an order is made for rejection of a lawsuit, of a compliant, or of an appeal;
(III) appeal cases for refusal to accept an order for rejection of a lawsuit, of a compliant, or for objection to the jurisdiction of a court; and
(IV) administrative compensation cases.
Article 9 No acceptance fee shall be charged for cases tried in accordance with the procedure for trial supervision as provided for in the Civil Procedure Law and the Administrative Procedure Law, except if:
(I) the people’s court decides to retry the case upon examination of the application from parties thereto who have new evidence which is conclusive enough to overrule the original judgment or order;
(II) the people’s court decides to retry the case upon examination of the application from parties thereto who do not file an appeal against the judgment or order of first instance but apply for a retrial after such judgment or order or a conciliation statement has become legally effective.
Article 10 Where a party concerned applies to the people’s court according to law for the following matters, it shall pay an application fee:
(I) applying for the enforcement of a legally effective judgment, order or conciliation statement made by the people’s court, an award or conciliation statement made by the arbitration institution according to law, or a credit document which the public notarial institution grants the force for compulsory enforcement according to law;
(II) the application for preservation measures;
(III) the application for an order of payment;
(IV) the application for publicizing a public notice for assertion of claims;
(V) the application for setting aside an arbitration award or ascertaining the validity of an arbitration agreement;
(VI) the application for bankruptcy;
(VII)the application for a maritime injunction, general average adjustment, constitution of a limitation fund for maritime claims, registration of maritime claims or exigency of a maritime lien; and
(VIII)the application for recognition and enforcement of a judgment or order made by a foreign court or of an award made by a foreign arbitration institution.
Article 11 Traveling expenses, lodging expenses, meal expenses and compensation for absence from work, which arise from relevant witnesses, expert witnesses, translators or interpreters and adjusters’ appearance before courts on the dates as designated by the people’s court concerned, shall be collected by the people’s court on behalf of the abovementioned persons at the rates set by the State.
A party who reproduces file materials and legal documents shall pay to the people’s court concerned actual costs for production.
Article 12 The people’s court shall, based on the principle of “he who makes a request shall pay costs for the requested matters”, demand that the party concerned pay directly to the organ or organization concerned the expenses for evaluation, public notice, inspection, translation or interpretation, assessment, auction, selling off, storage, custody, transportation, ship supervision, and so forth, which shall be paid by the party in accordance with the law, and the people’s court shall not collect these expenses on behalf of such organ or organization.
No fees shall be charged by the people’s court for its provision, in accordance with the third paragraph of Article 11 of the Civil Procedure Law, of translation or interpretation of the spoken or written languages commonly used by the local nationalities.
Chapter 3 Rates for Litigation Fees
Article 13 Acceptance fees shall be paid at the following rates:
(I) In a property case, the acceptance fee shall be paid based on the amount or price of the claims at the following rates on an accumulation basis:
1. 50 yuan in a case where the claim does not exceed 10,000 yuan;
2. 2.5% for the portion exceeding 10,000 yuan but not exceeding 100,000 yuan;
3. 2% for the portion exceeding 100,000 yuan but not exceeding 200,000 yuan;
4. 1.5% for the portion exceeding 200,000 yuan but not exceeding 500,000 yuan;
5. 1% for the portion exceeding 500,000 yuan but not exceeding one million yuan;
6. 0.9% for the portion exceeding one million yuan but not exceeding two million yuan;
7. 0.8% for the portion exceeding two million yuan but not exceeding five million yuan;
8. 0.7% for the portion exceeding five million yuan but not exceeding ten million yuan;
9. 0.6% for the portion exceeding ten million yuan but not exceeding twenty million yuan; and
10. 0.5% for the portion exceeding twenty million yuan.
(II) In a non-property case, the acceptance fee shall be paid at the following rates:
1. From 50 to 300 yuan in each divorce case. If property division is involved therein, no additional fee needs to be paid if the total property does not exceed 200,000 yuan, but the fee shall be paid at 0.5% for the portion of property exceeding 200,000 yuan.
2. From 100 to 500 yuan in each case concerning infringement of right of personal name, right of name, right of portrait, right of reputation, right of honor or any other right of personality. If the compensation for damage is involved therein, no additional fee needs to be paid if the damages do not exceed 50,000 yuan, but the fee shall be paid on an accumulation basis at 1% for the portion of the damages exceeding 50,000 yuan but not exceeding 100,000 yuan and 0. 5% for the portion exceeding 100,000 yuan.
3. From 50 to 100 yuan in each other non-property case.
(III) The acceptance fee in each civil case of intellectual property shall be from 500 to 1,000 yuan if there is no amount or price in dispute; otherwise the acceptance fee shall be paid at the rates for a property case.
(IV) The acceptance fee in each labor dispute case shall be ten yuan.
(V) Acceptance fees in administrative cases shall be paid at the following rates:
1. 100 yuan in each trademark, patent or maritime administrative case;
2. 50 yuan in any other administrative case.
(VI) Where a party raises an objection to the jurisdiction of the people’s court over a case but the objection is not justified, the party shall pay 50 to 100 yuan for the objection. The people’s government of each province, autonomous region, or municipality directly under the Central Government may, in light of their local conditions, set detailed rates within the ranges provided for in Subparagraphs (II), (III) and (VI) of this Article.
Article 14 The application fee shall be paid according to the following rates:
(I) With regard to an application to a people’s court for the execution of a legally effective judgment, order, conciliation statement made by a people’s court, an award or conciliation statement legally made by an arbitration institution, or a document evidencing the creditor’s rights made enforceable by a notary office in accordance with the law, or for the recognition and enforcement of a judgment or order made by a foreign court or of an award made by a foreign arbitration institution, the application fee shall be paid at the following rates:
1. From 50 to 500 yuan for each application if no amount or price is involved in the execution.
2. 50 yuan for each application if the amount or price involved therein does not exceed 10,000 yuan; if the amount or price involved therein exceeds 10,000 yuan, the application fee shall be paid on an accumulation basis at 1.5% for the portion exceeding 10,000 yuan but not exceeding 500,000 yuan, 1% for the portion exceeding 500,000 yuan but not exceeding five million yuan, 0.5% for the portion exceeding five million yuan but not exceeding ten million yuan and 0.1% for the portion exceeding ten million yuan.
3. A person who has not registered the rights with and institutes legal proceedings in a people’s court under the fourth paragraph of Article 55 of the Civil Procedure Law shall pay the applications fee at the rates set in this Subparagraph, but does not need to pay any acceptance fee.
(II) With regard to an application for preservation measures, the application fee shall be paid based on the amount of property actually preserved at the following rates: 30 yuan for each application if the amount of property does not exceed 1,000 yuan or if no amount of property is involved therein; if the amount of property exceeds 1,000 yuan, the application fee shall be paid on an accumulation basis at 1% for the portion exceeding 1,000 yuan but not exceeding 100,000 yuan and 0.5% for the portion exceeding 100,000 yuan. However, the fee paid by a party for applying for preservation measures shall not exceed 5,000 yuan in total.
(III) With regard to an application for an order of payment, the application fee shall be paid mutatis mutandis by one third of the rates of acceptance fees applicable in property cases.
(IV) With regard to an application for publicizing a public notice for assertion of claims, the application fee shall be 100 yuan for each application.
(V) With regard to an application for setting aside an arbitration award or ascertaining the validity of an arbitration agreement, the application fee shall be 400 yuan for each application.
(VI) The application fee in a bankruptcy case shall be paid by half of the rates of acceptance fees applicable in property cases, based on the total volume of the bankruptcy property; however, the application fee shall not exceed 300,000 yuan in each case.
(VII) The application fee in a maritime case shall be paid at the following rates:
1. From 1,000 to 10,000 yuan for each application for the constitution of a limitation fund for maritime claims;
2. From 1,000 to 5,000 yuan for each application for a maritime injunction;
3. From 1,000 to 5,000 yuan for each application for exigency of a maritime lien;
4. 1,000 yuan for each application for the registration of maritime claims; and
5. 1,000 yuan for each application for general average adjustment.
Article 15 Where a case is settled through conciliation or withdrawn of suit upon application by the party concerned, the acceptance fee shall be paid by half of the prescribed rates.
Article 16 The acceptance fee in a case where the summary procedure is followed shall be paid by half of the prescribed rates.
Article 17 The acceptance fee for an appealed property case shall be paid based on the part of the amount of the appeal for which the appellant refuses to accept the judgment of first instance.
Article 18 Where a defendant files a counterclaim or a third party having an independent claim files a claim related to the current case, and the people’s court concerned decides to consolidate the trials, the acceptance fee shall be paid by half of the prescribed rates respectively.
Article 19 The acceptance fee in a case for retrial where the acceptance fee shall be paid in accordance with Article 9 of these Measures shall be paid based on the part of the claim amount for which the party thereto refuses to accept the original judgment.
Chapter 4 Payment and Refund of Litigation Fees
Article 20 The case acceptance fee shall be prepaid by the plaintiff, a third party with an independent claim and the appellant. If the defendant files a counterclaim, the case acceptance fee to be paid in accordance with the provisions of these Measures shall be prepaid by the defendant. As for case for recourse of labor remuneration, case acceptance fee may not be prepaid.
The application fee shall be prepaid by the applicant. However, the enforcement application fee stipulated in Subparagraphs (I) and (VI) of Article 10 of these Measures does not need to be prepaid by the applicant, and the enforcement application fee shall be paid after the enforcement and the bankruptcy application fee shall be paid after liquidation.
Expenses provided for in Article 11 of these Measures shall be paid after they have actually occurred.
Article 21 Where a party modifies the amount of the claim during the proceedings, the acceptance fee shall be paid in accordance with the following provisions:
(I) If the party increases the amount of the claim, the acceptance fee shall be calculated and paid based on the amount of claim after such increase;
(II) If the party decreases the amount of the claim before the conclusion of court investigation, the acceptance fee shall be calculated and refunded accordingly based on the amount of claim after such decrease.
Article 22 A plaintiff shall pay the acceptance fee within seven days after the date on which he receives the notice of payment of litigation fees from the people’s court. In a case where a counterclaim is filed, the party thereto who files the counterclaim shall pay the acceptance fee within seven days after the date on which the counterclaim is filed.
The acceptance fee in an appealed case shall be paid in advance by the appellant at the time when the appeal petition is submitted. If both parties file their respective appeals, they shall pay the acceptance fee in advance respectively. If an appellant fails to pay litigation fees in advance within the time limit for filing an appeal, the people’s court concerned shall notify him to make such payment within seven days.
The application fee shall be paid in advance by the applicant at the time when the application is submitted or within a time limit as specified by the people’s court concerned.
If a party concerned has neither paid litigation fees within the time limit nor applied for a judicial succor, or if such an application has not been approved and the party fails to pay litigation fees within the time limit as specified by the people’s court concerned, the matter shall be handled by the people’s court in accordance with the relevant provisions.
Article 23 With respect to a case for retrial where the acceptance fee shall be paid in accordance with Article 9 of these Measures, the party who applies for the retrial shall pay the acceptance fee in advance. If both parties apply for the retrial, they shall pay the acceptance fee in advance respectively.
Article 24 With respect to a case as referred or transferred in accordance with Article 36, 37, 38 or 39 of the Civil Procedure Law, the people’s court which entertained the case shall transfer the litigation fees paid in advance by the parties concerned, together with the case materials, to the people’s court accepting the case.
Article 25 Where, during the trial of a civil case, a people’s court finds that any suspected criminal offense is involved therein and refers the case to the competent authority, the acceptance fee paid by the party concerned shall be refunded; where the trial of the civil case needs to be continued after such referral, the acceptance fee already paid by the party concerned shall not be refunded.
Article 26 With respect to a case where the litigation or execution is suspended, neither the acceptance fee nor the application fee shall be refunded. Where the litigation or execution resumes after the cause for the suspension has been eliminated, no additional acceptance fee or application fee shall be paid.
Article 27 Where a people’s court of second instance remands a case for retrial, the acceptance fee paid by the appellant for the case of second instance shall be refunded. Where a people’s court of first instance makes an order not to entertain a case or to reject a complaint, it shall refund the acceptance fee paid by the party concerned; where the party concerned files an appeal against the order made by the people’s court of first instance not to entertain a case or to reject a complaint, and the people’s court of second instance affirms the order made by the people’s court of first instance, the people’s court of first instance shall refund the acceptance fee paid by the party.
Article 28 With respect to a case where the legal proceedings are terminated as provided for in Article 137 of the Civil Procedure Law, the acceptance fee already paid in accordance with these Measures shall not be refunded.
Chapter 5 Bearing of Litigation Fees
Article 29 Litigation Fees shall be borne by the party who loses the case, unless the party who wins the case volunteers to pay the costs.
In a case where each party thereto partially loses the case, the people’s court concerned shall, in light of the specific conditions of the case, determine the amount of litigation fees to be borne by each party respectively.
Where the parties to a joint action lose the case, the people’s court concerned shall, based on their respective interest in the object of action, determine the amount of litigation fees to be borne by each of them.
Article 30 Where a people’s court of second instance amends a judgment or order made by a people’s court of first instance, it shall accordingly amend the determination made by the people’s court of first instance concerning the bearing of litigation fees.
Article 31 In a case where an agreement is reached through conciliation by a people’s court, the bearing of litigation fees shall be determined by the parties to the case through consultation; if the consultation fails, the bearing of litigation fees shall be determined by the people’s court concerned.
Article 32 In a case for retrial where the acceptance fee shall be paid in accordance with Subparagraph (I) or (II), Article 9 of these Measures, the acceptance fee shall be borne by the party thereto who applies for the retrial; if both parties thereto apply for retrial, the bearing of litigation fees shall be determined in accordance with Article 29 of these Measures. The bearing of litigation fees for the original instance shall be re-determined by the people’s court concerned in accordance with the principle for bearing of litigation fees.
Article 33 The bearing of litigation fees in a divorce case shall be determined by the parties thereto through consultation; if the consultation fails, the bearing of litigation fees shall be determined by the people’s court concerned.
Article 34 Where the plaintiff or appellant in a civil case applies for withdrawal of his claim and the people’s court concerned makes an order to approve such application, the acceptance fee shall be borne by the plaintiff or appellant.
Where the defendant in an administrative case modifies or annuls its specific administrative act and the plaintiff applies for withdrawal of his claim and the people’s court concerned makes an order to approve the application, the acceptance fee shall be borne by the defendant.
Article 35 Where a party decreases the amount of the claim after the conclusion of court investigation, the acceptance fee for the portion decreased shall be borne by such party.
Article 36 Where a debtor does not dissent from the procedure for hastening debt recovery, the application fee shall be borne by the debtor. Where the debtor dissents from the procedure for hastening debt recovery and, as a result, the procedure is terminated, the application fee shall be borne by the applicant; where the applicant brings an action separately, the application fee may be incorporated into the claim.
Article 37 The application fee for publicizing a public notice for assertion of claims shall be borne by the applicant.
Article 38 The application fee stipulated in Subparagraphs (I) and (VIII) of Article 10 of these Measures shall be borne by the person subject to enforcement.
Where the parties reach a settlement agreement during the process of enforcement, the bearing of the application fee shall be determined by the parties through consultation; if the consultation fails, the bearing of the application fee shall be determined by the people’s court concerned.
The application fee provided for in Subparagraph (II), Article 10 of these Measures shall be borne by the applicant; where the applicant brings an action, the application fee may be incorporated into the claim.
The bearing of the application fee provided for in Subparagraph (V), Article 10 of these Measures shall be determined by the people’s court concerned in accordance with Article 29 of these Measures.
Article 39 Litigation Fees in maritime cases shall be borne as follows:
(I) Where, before bringing an action, an application is made for maritime claim preservation or a maritime injunction, the application fee shall be borne by the applicant; where the applicant brings an action with respect to any maritime claim, the application fee may be incorporated into the claim;
(II) Where, before bringing an action, an application is made for preservation of maritime evidence, the application fee shall be borne by the applicant;
(III) The applicant shall pay in advance the reasonable costs for auctioning or selling off a detained ship, goods on board, ship’s fuel oil or ship’s elements during the legal proceedings, and such costs shall be recovered with priority from the proceeds from the auction or sale and refunded to the applicant;
(IV) Where an application is made for the establishment of a limitation fund for maritime claims, registration of claims and repayment of debt, or publication of a notice of a maritime lien, the application fee shall be borne by the applicant; and
(V) The costs for publicizing a public notice in the procedure of establishing a limitation fund for maritime claims or publicizing a notice of a maritime lien shall be borne by the applicant.
Article 40 Where, within the time limit for adducing evidence, a party who has failed to adduce any evidence due to the reason attributable to himself produces new evidence in the proceedings of second instance or retrial, which causes the increase of litigation fees, the costs thus increased shall be borne by such party.
Article 41 The costs for publicizing a public notice in a case tried in accordance with the special procedure shall be borne by the party who brings the action or by the applicant.
Article 42 In a case where an application is made in accordance with the law to a people’s court for bankruptcy, the litigation fees shall be recovered from the bankruptcy property in accordance with the provisions of relevant laws.
Article 43 No party may file an appeal only against the decision made by a people’s court on litigation fees.
Where a party raises any objection only to the decision of a people’s court on litigation fees, the aforesaid party may apply to the president of the people’s court which has made the decision for a review. A decision of review shall be made within 15 days from the date of receipt of the application.
Where a party raises any objection to the decision of a people’s court on the calculation of litigation fees, the aforesaid party may request the people’s court which has made the decision to conduct a review. If there is any definite error, the people’s court which has made the decision shall have it corrected.
Chapter 6 Judicial Succor
Article 44 Where a party has genuine difficulty in paying litigation fees, the aforesaid party may, in accordance with these Measures, apply to the people’s court concerned for judicial succor, i.e. the deferment, reduction or exemption of litigation fees.
Only natural persons are subject to the exemption of litigation fees.
Article 45 Where a party applies for judicial succor, the people’s court concerned shall grant an exemption of litigation fees, if:
(I) the party is a disabled person and has no regular source of income;
(II) the case involves a claim for payment of maintenance for parents, spouse, children, or pension for the disabled or the family of a decedent;
(III) the party is covered by the system for ensuring a minimum standard of living or the system of regular relief for especially poor rural residents, or is a rural resident enjoying the five guarantees, or receives unemployment insurance benefits, and has no other source of income;
(IV) the party, or a close relative of the party, claims for damages or compensation because the legal rights or interests of the party are damaged as a result of the act of justice and courage or act aiming at protecting the public interest; or
(V) the party falls into any other circumstances that require an exemption of litigation fees.
Article 46 Where a party applies for judicial succor, the people’s court concerned shall grant a reduction of litigation fees, if:
(I) the party lives in hardship and receives social relief allowances, or has difficulty in continuing the household production or operation, due to any natural disaster or any other force majeure;
(II) the party is a person who enjoys the government’s special care and preferential treatment or arrangements;
(III) the party is a social welfare institution or relief management station; or
(IV) the party falls into any other circumstances that require a reduction of litigation fees.
Where a people’s court approves a reduction of litigation fees, the reduction rate shall be at least 30%.
Article 47 Where a party applies for judicial succor, the people’s court concerned shall grant a deferment of litigation fees, if:
(I) the party claims for social insurance benefits or financial compensation;
(II) the party claims for compensation as a victim of a maritime, traffic, medical, work related or product quality accident or any other personal injury;
(III) the party enjoys legal aid provided by a relevant institute; or
(IV) the party falls into any other circumstances that require a deferment of litigation fees.
Article 48 To apply for judicial succor, a party shall, when bringing an action or filing an appeal, submit a written application, materials certifying the genuine financial difficulties thereof and other relevant certifying materials.
A party who applies for an exemption or reduction of litigation fees on the grounds of financial difficulties or claims for basic living costs shall in addition provide a document certifying that the financial conditions of the party and the family thereof are regarded as being financially difficult in accordance with the standards set out by the local department of civil affairs or labor and social security.
Where a people’s court disapproves an application for judicial succor, it shall give the party the reason therefore in writing.
Article 49 Where an application for deferment of litigation fees is, upon examination, in compliance with the provisions of Article 47 of these Measures, the people’s court concerned shall, before it decides to place the case on file, make a decision to approve the deferment.
Article 50 Where a people’s court grants judicial succor to a party and the other party loses the case, the litigation fees shall be borne by the other party; where the other party wins the case, the people’s court may, in light of the financial conditions of the party applying for judicial succor, decide to grant a reduction or exemption of litigation fees.
Article 51 Where a people’s court grants a reduction or exemption of litigation fees, it shall specify the fact in the relevant legal document.
Chapter7 Management and Supervision of Litigation Fees
Article 52 The system for payment and collection of litigation fees shall be made public. When collecting litigation fees, a people’s court shall, in accordance with its financial administrative subordination, use a financial receipt printed by the financial department of the State Council or the financial department of the provincial people’s government. Acceptance fees and application fees shall all be turned over to the State Treasury, be included into the budgets and be administered through two separate channels for collection and expenditure.
To collect litigation fees, a people’s court shall issue a paying-in slip to the party concerned, and the aforesaid party shall pay the costs through a designated agent bank by producing the slip. Where a refund of litigation fees shall be made to a party in accordance with the law, the people’s court concerned shall handle the matter in accordance with the relevant provisions. The specific measures for the turning-over and refunding of litigation fees shall be worked out separately by the financial department of the State Council in consultation with the Supreme People’s Court.
Where, in an area which is outlying, on water or not easily accessible, a basic circuit court tries a case on the spot and the party concerned claims that there is genuine difficulty in paying litigation fees through the designated agent bank, the court may collect the litigation fees on the spot and issue to the party a financial receipt printed by the financial department of the provincial people’s government; if the court fails to issue such a financial receipt, the party has the right to refuse to pay the litigation fees.
Article 53 A people’s court shall, upon conclusion of the trial of a case, give a written notice of the statement of the litigation fees and the amount that shall be borne by each party, and specify such amount in its judgment, order or conciliation statement.
Where any litigation fees shall be refunded to the party concerned, the people’s court shall make the refund within 15 days from the date on which the relevant legal document becomes effective.
Article 54 The competent pricing department and the financial department shall exercise administration of and supervision over litigation fees in accordance with the division of their duties in fee-charging administration. Any arbitrary fee-charging activities in violation of these Measures shall be investigated and dealt with in accordance with the laws, regulations and relevant provisions of the State Council.
Chapter 8 Supplementary Provisions
Article 55 Litigation fees shall be calculated in Renminbi. Where any foreign currency is used as the unit of calculation, the litigation fees payable shall be converted into and paid in Renminbi at the exchange rate as officially quoted on the date on which the people’s court concerned decides to entertain the case; the conversion of litigation fees payable in an appeal or retrial case shall be made at the exchange rate as officially quoted on the date on which the people’s court of first instance decides to entertain the case.
Article 56 These Measures shall become effective as of April 1, 2007.