Judgment 85/2021/HNGD-ST on disputes over divorce, child custody, and division of marital property

 THE PEOPLE'S COURT OF HAI DUONG PROVINCE

JUDGMENT 85/2021/HNGD-ST DATED JUNE 17, 2021 ON DISPUTES OVER DIVORCE, CHILD CUSTODY, AND DIVISION OF MARITAL PROPERTY

On June 17, 2021, at the headquarters, the People's Court of Hai Duong province opened a first-instance trial for hearing the case No. 36/2020/TLST-HNGD dated February 17, 2020  and additional case file No. 36A/2020/TLST-HNGD dated July 6, 2020 on disputes over divorce, child custody and division of marital property under the Decision to bring the case to trial No. 66/2021/QDXXST-HNGD dated May 6, 2021 and the Decisions to adjourn the trial; Notices of change of trial schedules; Notices of reopening trial between the involved parties:

Petitioner: Mr. Bui Van K, born in 1966; address before leaving Vietnam’s territory: Village D, commune N, district S, Hai Duong province; current address:  Czech Republic.

Legal representative authorized by the petitioner:  Ms. Doan Thi N, born in 1984; address: Village M, commune K, district L, Bac Ninh province.

Respondent: Ms. Vu Thi L, born in 1966; address:  Village D, commune N, district S, Hai Duong province.

Defender: Ms. Vu Thi M - Lawyer of Bao Chanh Law Office, affiliated to the Bar Association of Hai Duong province; address:  No. 309 street Q, ward B, city H, Hai Duong province.

Persons with interests and obligations related to the case: Mr. Bui Van B, born in 1938 and Ms. Tran Thi Tieu, born in 1937; address:  No. 625 P, N area, S town, S district, Hai Duong province.

(The litigants were absent and requested a trial in their absence.)

FACTUAL AND PROCEDURAL BACKGROUND

The petitioner, Mr. Bui Van K, and the authorized representative of the petitioner, Ms. Doan Thi N, presented:

- Regarding conjugal relationship: Mr. K and Ms. L are husband and wife, they registered their marriage at the People's Committee of N commune, district S, Hai Duong province in 1984. Mr. K no longer kept the original marriage certificate.  The couple had lived happily together for a few years before conflicts arose. Because of their mismatched personalities, Mr. K decided to work in the Czech Republic since 1989. So far, Mr. K deemed that he was no longer having feeling for Ms. L, Mr. K had his own life and could not return to Vietnam to reunite with Ms. L, so he asked the Court to grant him a divorce from Ms. L.

- Regarding common children: The couple has 2 children together, Bui Tuyet D1 born in 1987 and Bui Anh D2 born on July 7, 2004. Bui Tuyet D1 is a grown-up already, so they did not claim child custody of her. Ms. L claimed custody of the common child Bui Anh D2, who is currently living with Ms. L, and Mr. K agreed.  Ms. L asked for child support after divorce and child support of 2 children in the last few years, Mr. K accepted the specific amount as prescribed by law but requested the Court to consider an amount in accordance with Mr. K's financial condition because Mr. K is currently unemployed, only receiving unemployment benefits.

- Regarding marital property:

+ Mr. K partially agreed to Ms. L's request to divide the martial property, determining that they had common property of land and house built in 1993 in village D, commune N, district S, Hai Duong province.  Other construction works on the land were formed by Ms. L during his stay abroad, so they belong to Ms. L. Mr. K determined that he and she had contributed the equal efforts in forming the house and land, and proposed the Court to divide the value of property in accordance with law and grant him the property in kind so that he can have a place to live later when returning to Vietnam.

+ For Ms. L's request on the division of the marital property which is Mr. K's income when working abroad:  Mr. K claimed that his income earned overseas was quite low, just enough to pay for living expenses and home rent.  Currently, he is unemployed and is receiving unemployment benefits, he has no money to send back to Vietnam as stated by Ms. L, so he does not agree with this request of Ms. L.

+ For the request for deduction of VND 500,000,000 for Ms. L's contribution to the house and land at 625 P street, N area, town S, district S, Hai Duong province:  Mr. K claimed that this house was bought and built by Mr. K's parents, Mr. K did not send money to his parents to buy this real estate, so he determined that Mr. K and Ms. L had made neither effort nor contribution into this house and land. Therefore, Mr. K did not agree to Ms. L's request.

The respondent, Ms. Vu Thi L, presented:

- Regarding conjugal relationship: Ms. L and Mr. K freely got to know each other before voluntarily got married; in 1984, they registered their marriage at the People's Committee of N commune, district S, Hai Duong province. Ms. L no longer kept the original marriage certificate.  After getting married, the couple lived together at Mr. K's house. Mr. K joined the army in early 1985 and returned home in 1988.  In 1989, Mr. K went to the Soviet Union (Russia) according to military standards for a while, then went to Germany to do business, and returned to Vietnam in 2003.  Suffering financial hardship, in July 2004, Mr. K went to the Czech Republic to work since then. Ms. L claimed that since going abroad, Mr. K had had an extramarital relationship with another woman and has a child of his own.  They separated for many years, no longer had strings attached and are not able to reunite.  Ms. L's point of view:  At first, she did not agree to divorce because she thought of her immature children, Mr. K went away for many years, had a romantic relationship with another woman, she raised the child alone, now Mr. K had the heart to filed a petition for divorce from her. Therefore, she sent a request to the Court and the Police to consider Mr. K's violation of the monogamy regime. The Hai Duong Police Department has issued a Notice that her request was refused since Mr. K was abroad.  She did not continue to request consideration of the request.  She determined that the couple had been separated for a long time, Mr. K had no responsibility for his wife and children, and the relationship between husband and wife was no longer there, so if Mr. K was determined to divorce, she agreed.

- Regarding common children: They have 2 children in common as stated by Mr. K. Now the eldest child is an adult, the younger one is living with Ms. L. Ms. L demanded custody of the common child Bui Anh D2 until she attains the age of majority and asked Mr. K to provide child support from 1,500,000 VND to 2,000,000 VND/month because the D2’s schooling cost is expensive while Ms. L does not have any job.  In addition, Ms. L presented that she raised her children from the time they were born to the present, Mr. K was abroad, some years he only sent USD 100 as a New Year gift, he did not send money to raise the children.  Therefore, Ms. L asked Mr. K to pay her the eldest child support fee for 15 years, the younger child support fee for 17 years, VND 12,000,000 each year, totaling VND 384,000,000.

- Regarding marital property: Ms. L requested to divide the marital common property, including:

+ House and land in plot 410, map sheet No. 6 in village D, commune N, district S, Hai Duong province.  The land was originally given to the couple by Mr. K's parents. The house on the land is a two-room tube house (a house that is narrow, elongated and tall as a tube-like shape). The front part was built by the couple in 1993. In addition, the rear auxiliary works, the yard, and the wall were built by the Ms. L and the children in 2010. That is her private property. Ms. L proposed to divide the common property which is house and land in accordance with the law and proposed to be divided in kind.

+ Mr. K's total income abroad from January 1999 to July 2003, from May 2004 to December 2012, from March 2013 to present (June 2020) is: 1,000USD/month x 23,000VND/USD x 233 months = 5,359,000,000 VND.  Ms. L proposed to receive a half of the above income.  Ms. L stated that earlier Mr. K called Ms. L saying that his income was 1,000 USD/month, but because Mr. K is a freelance trader, she could not provide any documents to the Court to prove his income.

+ Every month Mr. K sends money to his biological parents by post or bank in Hanoi, 1,000-2,000 USD every month to buy land and build houses, but she could not know what post office or bank. In the letter sent by Mr. K which Ms. L provided to the Court, Mr. K said that he had money to be transferred as capital, he would build a house and do business to stabilize his life in the future.  With this money, Mr. K's parents bought a house at 625 P street, area N, town S, district S, Hai Duong province.  When Mr. K's parents built the house, Ms. L came to look after, helped moving bricks, driving bamboo piles into ground, but she could not provide evidence.  Ms. L requested to be paid 500,000,000 VND for her effort.

Persons with related rights and obligations, Mr. Bui Van B and Ms. Tran Thi Tieu, presented:

Mr. B and Mrs. T are the biological father and mother of Mr. K. Mr. K and Ms. L voluntarily got married in 1984 and registered their marriage in accordance with the law.  After marriage, they often had conflicts due to personal incompatibility; so after joining the army, Mr. K went to work in the Soviet Union (Russia), Germany, and the Czech Republic.  Since then, Mr. K has only returned to Vietnam once in 2003 and did not care about Ms. L. Mr. K repeatedly phoned his family to say that he no longer had feelings for Ms. L and that Mr. K had no intentions to return to Vietnam to reunite with her.  

Regarding the divorce issue, the Court is proposed to settle according to the law. With regard to the origin of the land plot at address 625 P, zone N, town S, district S, Hai Duong province is plot 4, map sheet 1, bought by Mr. B and Mrs. T from Mr. Tran Van D in 1995 for the price of 34.5 million dong, it was granted a certificate of land use right (LURC) in the name of Mr. B, Mrs. T. Then Mr. B, Mrs. T built a three-storey house as it is today.  The money to buy land and build a house belongs to Mr. B, Mrs. T; so Khuon Ly and her husband did not contribute money or effort into this.  Ms. L presented a letter dated April 17, 1995 stating that Mr. K sent money to Mr. B and Mrs. T to buy a house in town S. That was incorrect, Mr. B and Ms. T determined that they had not received the letter as shown. So, Mr. K did not send money back to them to buy any land or house.  Mr. B and Mrs. T do not know whether Mr. K sent money to someone to buy land and house. Therefore, Mr. B and Ms. T did not agree that Ms. L asked to be paid 500,000,000 VND for her efforts contributed into to this house and land.

For the house and land in village D, commune N, district S, Hai Duong province earlier originated from Mr. B and Mrs. T that Ms. L and her children are currently living, they gifted it to Khuon Ly and her husband. So they did not make any further request.

According to the verification minutes provided by the People's Committee of commune N, district S, Hai Duong province:

The local government no longer keeps the marriage register before 1992, so there is no document to provide with the Court about the marriage of Mr. K and Ms. L. The local government has never reconciled conflicts between Mr. K and Ms. K so far. And it is not clear whether the couple had any conflicts because Mr. K has been abroad since 1998, has not been in Vietnam and has not received any complaints from Mr. K and Ms. L about committing adultery.

The land plot No. 410, map sheet No. 06, address in village D, commune N, district S, Hai Duong province with an area of ​​348m2 has been granted LURC to Mr. K, Ms. L on July 24, 2002. In 2008, when measuring the actual existing condition of the land use, the above land plot belonged to plot No. 400, map sheet No. 19 with the total area of 359m2, the area difference existed due to measurement error.  In 2014, the new-style countryside program was implemented, the family of Mr. K and Ms. L donated land to build a concrete road in the village, so the usable area was left 351.7m2.

According to the verification minutes dated April 9, 2021 provided by the People's Committee of district S, Hai Duong province:

The land plot number 410, map sheet 6, address in village D, commune N, district S, Hai Duong province, area 348m2 including 200m2 of residential land and 148m2 of land for perennial crops was originally gifted from Mr. K's biological parents; it has now been granted LURC No. U1939690 bearing the names of Mr. K, Ms. L. The issuance of LURC is completely legal; when it is granted, there are no complaints and the land is in use without dispute, and it has not been transferred to anyone.  On the land, there is a one-story concrete house and ancillary works took after and used by Ms. L and her children.

According to the verification minutes dated April 19, 2021 provided by the People's Committee of district S, Hai Duong province:

The land plot at address 625 P, area N, town S, district S, Hai Duong province belongs to the plot 4, map sheet 1, area 80m2 and originally bought from Mr. Tran Van D in 1995 by Mr. B and Ms. L. On December 8, 2008, the People's Committee of District S issued the LURC No. AN519387 to Mr. B and Mrs. T for the above land plot, with an area of ​​111.3m2, including 31.3m2 of surplus land.  In 2015, the adjustment of surplus land was made by the People's Committee of District S. Households with surplus land must pay tax, but Mr. B and Mrs. T requested the People's Committee of District S to grant them the certificate with the legal land area, without surplus land.   Therefore, in 2015 the People's Committee of District S issued a new LURC to Mr. B and Ms. T with an area of ​​80m2, currently plot number 34, map sheet 14.

At the asset valuation minutes dated April 23, 2021, the Valuation Council concluded:  Residential land 200m2 (2,000,000 VND/m2); land for perennial crops 151.7m2 (80,000d/m2); Total value of construction works and assets on land is 286.679,000 VND (the house built on land in 1993 with area of ​​40.7m2 is 81,467,000 VND)  

At the court hearing:

The litigants were absent and requested a trial in their absence.

Lawyer Vu Thi M, absent, sent an argument to protect the legitimate rights and interests of the respondent as follows:  Regarding the marital relationship, Ms. L determined that their marriage was irretrievably broken so she agreed to divorce. Regarding the common children, Mr. K and Ms. L have two children together, namely Bui Tuyet D1, born in 1987 and Bui Anh D2, born on July 7, 2004; the oldest child is married, the younger one is living with Ms. L; upon divorce, Ms. L proposed to take custody of Bui Anh D2 until she attains the age of maturity, asking Mr. K to give 2,000,000 VND/month for child support.  In addition, since the birth of two children, whiling living abroad, Mr. K has not sent money to raise children with Ms. L, so Ms. L required Mr. K to pay Ms. L once for the raising of the eldest child for 15 years, the younger child for 17 years, the average is 12,000,000 VND/year/child, so the total sum is 384,000,000 VND. Regarding marital property: Firstly, the area of ​​200m2 of residential land, 151.7m of land for growing perennial crops in the plot 410 map sheets No. 6 village D, commune N, district S and the two-room tube house built in 1993 are Mr. K and Ms. L's common property, Ms. L is the one who has more effort in building the common property, so she proposed to divide the property according to the ratio of 70% for Ms. L and 30% for Mr. K and Ms. L will receive all property in kind.  Secondly, Ms. L determined Mr. K's income from January 1999 to July 2003, from May 2004 to December 2012, from March 2013 to June 2020 was $1,000 per month, the total sum is 5,359,000,000 VND which is the common property of husband and wife; Ms. L proposed to receive a half of this income.  Thirdly: Every month Mr. K sends money to his biological parents to buy land and build a house at 625 P street, N zone, S town, district S; when Mr. K's parents built a house, Ms. L helped moving bricks, driving bamboo piles into ground, so Ms. L asked to be paid 500,000,000 VND.

The representative of the People's Procuracy of Hai Duong province expressed his opinion:  The presiding judge, the Trial Panel, court reporter and the participants in the proceedings have strictly complied with the Civil Procedure Code. Settlement of lawsuit: Requesting the Trial Panel to apply Article 89 of the Law on Marriage and Family 2000; Articles 59, 62, 81, 82, 83 Law on Marriage and Family 2014; Resolution 326/2016/UBTVQH14 dated December 30, 2016 of the National Assembly Standing Committee.  Regarding conjugal relationship: Mr. K and Ms. L were granted divorce. Regarding common children: Ms. L was granted custody of Bui Anh D2, Mr. K was responsible for child support 2,000,000 VND/month until D2 turns 18 years old; during the time Mr. K was abroad, he did not send money back to Ms. L to raise their children, so the Court accepted a part of Ms. L's request, forcing Mr. K to be responsible for paying Ms. L money to support the eldest child for 15 years and the younger child for 16 years 10 months, an average of about 800,000 VND per month, total sum is 305,600,000 VND.  Regarding marital property: Determining that the common property of Mr. K and Ms. L includes the land plot of 410 (200m2 of residential land and 151.7m2 of land for perennial crops) and a house built on land in 1993, with an area of ​​40.7m2; determining that they couple have equal efforts so divide each person a half of the value of common property, equaling to 246,801,500 VND; the real estate in kind was assigned to Ms. L for custody and use and Ms. L was responsible for paying 246,801,500 VND in cash to Mr. K; the Court did not accept Ms. L's request for the division of Mr. K's income when Mr. K worked abroad, did not accept Ms. L's request to be paid her contributions to the real estate at 625 P, area N, town S, district S, Hai Duong province.  With reference to court fees:

Mr. K must bear the divorce court fee and child support court fee; Mr. K and Ms. L must bear the court fee for division of property related to monetary claim calculated on their earned value of the property.

JUDGEMENT OF THE COURT

Based on documents and evidences that have been examined at the court hearing, the opinions of the procurator, and law, the Trial Panel finds that:

[1] In terms of court procedures:

[1.1] Regarding the jurisdiction to accept and settle the case:  This is a dispute over divorce, child custody and division of marital property upon divorce in which the petitioner is abroad, the respondent has a permanent residence in the Hai Duong province. Therefore, based on Clause 1, Article 28, Clause 3, Article 35, Point c, Clause 1, Article 37, and Point a, Clause 1, Article 39 of the Civil Procedure Code, the People's Court of Hai Duong province accepted the case within its jurisdiction. During the trial preparation stage, Ms. L repeatedly petitioned the Court to consider Mr. K's violation of adultery. Based on the provisions of the Civil Code, this request of Ms. L does not fall under the jurisdiction of the Court, the Court has transferred Ms. L's petition to the Hai Duong Police for settlement according to its jurisdiction.  Ms. L presented that the provincial police had responded to the petition, and she did not ask for this matter to be resolved anymore.

[1.2] Regarding the absence of litigants: At the petitioner's trial; authorized representative of the petitioner; the accused; defender of the respondent; persons with related interests and obligations had been served with the trial decision, summons and other decisions and notices of the Court but they were absent.  However, the litigants had testimonies expressing their views on the settlement of the case and requested trial in their absence, so the Trial Panel decided that the trial in their absence complied with the provisions of Clause 1, Article 228 of the Civil Procedure Code.

[2] Regarding conjugal relationship: Mr. K and Ms. L presented that they were free to get to know each other and voluntarily got married, registered their marriage at the People's Committee of commune N, district S in 1984 but could not provide their original marriage certificate.  According to the verification results, the People's Committee of Commune N no longer keeps the marriage register since before 1992, so there are no documents proving the marriage of Mr. K and Ms. L. Although there is no basis to identify Mr. K and Ms. L registered their marriage at a competent authority, but according to Resolution No. 35/2000/QH10 dated June 9, 2000 of the National Assembly and Circular No. 01/2001/TTLT-TANDTC-VKSNDTC-BTP dated January 3 2001 by the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuracy, the Court still accepted Mr. K's divorce petition and also settled it according to the divorce regulations of the Law on Marriage and Family.

On the basis of the parties' statements, since getting married in 1984, most of the time Mr. K has lived abroad, the married couple have had little time to live together. Now, Mr. K has lived in Czech Republic without intention to return to Vietnam for reunion.  Considering that the marriage relationship between Mr. K and Ms. L is not harmonious and happy. The married couple show their doubts and disbelief to each other. They have been separated for many years, no one cares about the other one, the purpose of marriage is not achieved.  Mr. K and Ms. L both determined that their marital bond was no longer there, Mr. K requested a divorce and Ms. L agreed.  Therefore, granting Mr. K a divorce from Ms. L seems to be accordant with Article 89 of the Law on Marriage and Family 2000.

[3] Regarding common children: The couple has 2 children together, Bui Tuyet D1 born in 1987 and Bui Anh D2 born on July 7, 2004. Bui Tuyet D1 is a grown-up already, so they did not claim child custody of her. Bui Tuyet D1 is currently living with Ms. L, wishing to live with her mother; Ms. L and Mr. K both agreed to give the child custody to Ms. L until her adulthood.  Pursuant to Article 81, Article 82 of the Law on Marriage and Family 2014, based on the financial conditions of Mr. K and Ms. L, in order to ensure the interests of all aspects of the common child, it is necessary grant Ms. L child custody of Bui Anh D2. Mr. K is responsible for child support up to 2,000,000 VND/month, from June 2021 until Anh Duong is 18 years old.

Regarding the claim for child support for the years that Mr. K has not raised their 2 children; Ms. L presented that Mr. K has been abroad and did not send money to her to raise the children, some years, he only sent 100 USD as a gift.  Mr. K also presented his own as a low-income foreign worker, his income is barely enough for living expenses, he did not transfer money to anyone in Vietnam.  According to the law, parents have equal obligations to jointly care for and raise their minor children. Mr. K has been abroad for many years and has not sent money back to Ms. L to raise their children, so it was well-grounded for Ms. L to ask Mr. K to pay child support.  According to the provisions of law and assessment of Mr. K's time abroad, the Court partially accepted Ms. L's request, forcing Mr. K to be responsible for paying Ms. L the child support for the eldest child for 15 years, the younger child for 16 years and 11 months, that is an average of 800,000 VND per month, the total sum is 306.400.000 VND.

[4] With reference to marital property:

+ The house and land in plot 410, map sheet No. 6 in village D, commune N, district S, Hai Duong province: Mr. K and Ms. L determined that the land and house were gifted by Mr. K's parents (Mr. B, Mrs. T) to them. Mr. B and Ms. T confirmed this matter of fact; on the land, there is a two-room tube house in front built by the couple in 1993, with an area of ​​​​40.7m2. In addition, on the land, there are auxiliary works behind, yard, wall built by Ms. L herself in 2010, at this time Mr. K was abroad, not sending money back to Ms. L in Vietnam.

Therefore, their marital property includes the land plot 410 (including 200m2 of residential land and 151.7m2 of land for perennial crops) and the house built on land in 1993 with an area of ​​40.7m2, other assets on the land are Ms. L's own property. Based on the valuation result, the total value of the marital property is calculated as follows: 200m2 x 2,000,000 VND/m2 + 151.7m2 x 80,000 VND/m2 + 81,467,000 VND = 493,603,000 VND. Although the house and land were mainly restored, looked after and managed by Ms. L because Mr. K was abroad, the land was originally gifted by Mr. K's biological parents to them, so it is determined that Mr. K and Ms. L have equal efforts in the common property.  Therefore, divide to Mr. K and Ms. L, each person a half of the value of the common property, which is 246,801,500 VND.  Mr. K and Ms. L both wish to receive the real estate in kind, but the Court found that Ms. L and her children have lived stably on the land for many years, in addition to the marital property, Ms. L also formed other assets on land, and Mr. K said he would settle abroad, not returning to Vietnam to live.  Therefore, it is necessary to hand over all real estate to Ms. L to own and use and Ms. L is responsible for paying a half of the value of the marital property to Mr. K in case, totaling 246,801,500 VND.

+ Mr. K's income when working abroad:  Ms. L determined Mr. K’s income in the period from January 1999 to July 2003, from May 2004 to December 2012, from March 2013 to present (June 2020) is: 1,000USD/month x 23,000VND/USD x 233 months = 5,359,000,000 VND.  Ms. L claimed this income to be the marital property and she must be entitled to a half of it.  However, Mr. K said that his income abroad was low, only enough for housing and living expenses. For many years, due to his poor health, he has only received unemployment benefits.  Ms. L also could not provide evidence to prove Mr. K's income, so there was no basis to accept this request.

+ Regarding the claim for repayment of contributions into the real estate of Mr. B, Mrs. T (Mr. K's biological parents) at 625 P Street, N area, S town, S district, Hai Duong province:  Ms. L presented this house and land were bought and built using the money sent by Mr. K to Mr. B, Mrs. T. During the construction process, Ms. L helped transferring bricks, driving bamboo piles into and taking care of them, so she asked Mr. B and Ms. T to pay for her effort of 500,000,000 VND. However, the testimony of Mr. B and Ms. T is consistent with the verification results at the People's Committee of town S, district S about the origin of the land, which was bought by Mr. B and Ms. T from Mr. Tran Van D in 1995 with their own money saved for many years and were granted a LURC in the name of Mr. B and Ms. T. Mr. B, Mrs. T and Mr. K all identified this house as the property of Mr. B and Ms. T. So, Mr. K and Ms. L did not contribute anything into this real estate. Ms. L provided the Court with a letter stating that Mr. K said that he had some money sent home as capital, asking his parents to buy land and build a house for him to settle down later. Ms. L also presented that Mr. K sends money to his biological parents by Hanoi post 1,000-2,000 USD per month to buy land and build a house.  However, Mr. B and Ms. T determined that they had never received any letter or money from Mr. K as stated by Ms. L.  Ms. L also did not have evidence to support her statement and request, so there was no basis to accept Ms. L's request pertaining to her effort.

[5] Regarding procedural costs and court fees:

- Pursuant to Articles 157, Article 158, Article 165, Article 166 of the Civil Procedure Code: Mr. K and Ms. L each have to bear a half of the cost of on-site examination, appraisal and asset valuation, which is VND 4,500,000 x ½ = 2,250,000 VND. Since Ms. L has paid all of these expenses in advance, Mr. K is responsible for paying Ms. L the amount of VND 2,250,000.

- Pursuant to Article 147 of the Civil Code and Resolution 326/2016/UBTVQH14 dated December 30, 2016 of the National Assembly Standing Committee on court fees and charges:  Mr. K must bear the first-instance divorce court fee, court fee for alimony, court fee for property division; Ms. L must bear the court fee for property division.

For the foregoing reasons, 

DISPOSITION

Pursuant to Clause 1 Article 28, Clause 3 Article 35, Point c Clause 1 Article 37, Point a Clause 1 Article 39, Clause 1 Article 228, Article 147, Article 157, Article 158, Article 165, Article 166 of the Civil Procedure Code; Article 89 of the Law on Marriage and Family 2000; Article 59, Article 62, Article 81, Article 82, 83 of the Law on Marriage and Family 2014; Resolution No. 35/2000/QH10 dated June 9, 2000 of the National Assembly; Circular No. 01/2001/TTLT-TANDTC-VKSNDTC-BTP dated January 3, 2001 of the Ministry of Justice, the Supreme People's Court, the Supreme People's Procuracy; Resolution 326/2016/UBTVQH14 dated December 30, 2016 of the National Assembly Standing Committee:

1. Regarding conjugal relationship: Accept the request of Mr. Bui Van K's request, grant Mr. Bui Van K and Ms. Vu Thi L a divorce.

2. Regarding common children:

- Accept the request of Mr. Bui Van K, grant Ms. L the child custody of Bui Anh D2, born on July 7, 2004, currently living with Ms. Vu Thi L, until she is 18 years old.  Mr. Bui Van K is obliged to give child support of 2,000,000 VND/month (Two million dong per month) ort from June 2021 until his common child Bui Anh D2 turns 18 years old.

Mr. Bui Van K obtains the exclusive visitation right and the obligation to take care of the common children

- Accepting part of Ms. Vu Thi L's request, forcing Mr. Bui Van K to pay Ms. L for child support of Bui Tuyet D1 and Bui Anh D2 a total amount of 306.400.000 VND (Three hundred zero six million four hundred thousand dong).

3. With reference to marital property: Accept part of the request of Ms. Vu Thi L.

- Determine the common property of Mr. Bui Van K and Ms. Vu Thi L includes the right to use an area of ​​357.1m2 of land in the plot No. 410 map sheet No. 6 in village D, commune N, district S, Hai Duong province and 1 house on land area 40.7m2. Total value of common property is 493,603,000 VND (Four hundred and ninety three million six hundred and three thousand dong).

- In terms of value:  Divide to Mr. Bui Van K and Ms. Vu Thi L a half of the common property value each person, equal to 246,801,500 VND (Two hundred and forty six million eight hundred zero one thousand five hundred dong).

- Real estate in kind: Assign Ms. Vu Thi L the right to manage and use an area of ​​357.1m2 of land in plot No. 410 map sheet No. 6 in village D, commune N, district S, Hai Duong province and the right to own 1 house on land area of ​​40.7m2 (with attached diagram).  Ms. Vu Thi L is responsible for paying the difference in value of common property of 246,801,500 VND to Mr. Bui Van K (Two hundred and forty six million eight hundred zero one thousand five hundred dong).

As from the time when the judgment takes legal effect and the judgment creditor files a petition for judgment enforcement, if the judgment debtor has not yet fully repaid, it must also pay an interest on the late payment at the interest rate corresponding to the late payment amount and late period. The interest accrued due to late payment is determined according to the Article 468 of the Civil Code.

4. Do not accept Ms. Vu Thi L's request to force Mr. Bui Van B and Ms. Tran Thi Tieu to pay Ms. L 500,000,000 VND (Five hundred million VND) for her contribution to the house at 625 Street P, zone N, town S, district S, Hai Duong province.

5. Regarding the cost of proceedings:

5.1. Regarding the cost of property appraisal and valuation:  Mr. Bui Van K and Ms. Vu Thi L each have to bear 2,250,000 VND (Two million two hundred and fifty thousand VND) the cost of on-site review, appraisal and valuation of the property.  Mr. K is responsible for paying Ms. L the amount of 2,250,000 VND (Two million two hundred and fifty thousand VND).

5.2. Regarding court fees:

- Mr. Bui Van K must bear 300,000 VND (Three hundred thousand VND) for first-instance divorce court fee, 300,000 VND (Three hundred thousand VND) for child custody court fee, 12,340,000 VND (Twelve million three hundred and forty thousand VND) for property division fee; minus 300,000 VND (Three hundred thousand VND) for the court fee advance paid by Mr. Bui Van K (paid by Ms. Vu Thi Huyen on his behalf) at the Civil Judgment Execution Department of Hai Duong province according to receipt number AA/2018/0000798 dated February 13, 2020; Mr. K also has to pay 12,640,000 VND (Twelve million, six hundred and forty thousand VND) for the court fee.

- Ms. Vu Thi L must bear 12,340,000 VND (Twelve million three hundred and forty thousand dong) court fee for property division; minus 56,789,000 VND (Fifty six million seven hundred and eighty nine thousand VND) for the court fee advance that Ms. L paid at the Civil Judgment Execution Department of Hai Duong province according to receipt number AA/2018/0002778 dated 6/7// 2020, refund Ms. L 44,449,000 VND (Forty four million four hundred and forty nine thousand dong).

6. With reference to right to appeal: The first-instance judgment is made public, the absent parties have the right to appeal within 15 days from the date of receipt of the judgment or the judgment is publicly posted as prescribed by law.

In case the court verdict or decision is enforced as per regulations in Article 2 of the Law on enforcements of civil judgments, the judgment creditor and judgment debtor are lawfully allowed to reach an agreement on judgment enforcement, request judgment enforcement, be subject to voluntary execution or coercive judgment enforcement in compliance with regulations in Article 6, 7 and 9 of the Law on enforcement of civil judgments, and the effective period of judgment enforcement shall comply within provisions in Article 30 of the Law on enforcement of civil judgments./.


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Judgment 85/2021/HNGD-ST on disputes over divorce, child custody, and division of marital property

Số hiệu:85/2021/HNGD-ST
Cấp xét xử:Sơ thẩm
Agency issued: Tòa án nhân dân Hải Dương
Field:Hôn Nhân Gia Đình
Date issued: 17/06/2021
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