Judgment No. 01/2018/HNGD-ST dated January 9, 2018 on marriage and family dispute

PEOPLE’S COURT OF BAC GIANG PROVINCE

JUDGMENT NO. 01/2018/HNGD-ST DATED JANUARY 9, 2018 ON MARRIAGE AND FAMILY DISPUTE

On January 9, 2018, at the office of People’s Court of Bac Giang Province, the first instance trial was conducted to hear the case No. 03/2017/TLST-HNGD dated November 11, 2017 on "Marriage and family dispute”.

According to the Notification of Acceptance of the Case No. 03/TBTL-TA dated January 11, 2017, the Decision to Bring the Case to Trial No. 21a/2017/QDXX-ST dated September 12, 2017, the Decision to Delay the Court Hearing No. 10/2017/QDST-DS dated October 12, 2017, the Decision to Delay the Court Hearing No. 11/2017/QDST-DS dated November 13, 2017 and the Decision to Suspend the Court Hearing No. 12/2017/QDST-DS dated December 13, 2017, between litigants:

1. Petitioner:  Mr. Do Van T; born in: 1990 (with Request for Trial in Absentia)

Place of residence: Village T, Commune B, District LN, Bac Giang Province.

2. Respondent: Mrs. Juan, Chiu - S; born in: 1977 (with Request for Trial in Absentia)

Nationality: Taiwan.

Address: Village D, Commune B, District V, Taiwan.

Mrs. Juan, Chiu - S authorizes Mr. Do Van H, born in 1984; address:  Village T, Commune B, District LN, Bac Giang Province to receive and submit documents to the Courts. the Letter of Authorization was consularly legalized/certified by Ministry of Foreign Affairs of Socialist Republic of Vietnam.

THE CASE

Representation of Mr. Do Van T in the petition for divorce and self-declaration:

With reference to conjugal relationship: They freely got to know each other before getting married. They registered marriage on April 20, 2015 at the People’s Committee of Bac Giang Province. After wedding, Mrs. Juan, Chiu - S returned to Taiwan to work. He stayed in Vietnam to complete paperwork to go Taiwan later. Because of certain problems, he could not complete the paperwork to go to Taiwan for their reunion. At first, they still called to see how they were doing, but because of geographical distance, their emotional bond became more distant. Since December 2015, they have not kept in touch with each other. Deeming that their marital bond seems to break, he filed a petition for divorce with People’s Court of Bac Giang Province, requesting the Court to grant him a divorce from Mrs. Juan, Chiu - S.

With reference to common children: None, so the court is not requested to settle.

With reference to common property and liabilities: None, so the court is not requested to settle.

The respondent Mrs. Juan, Chiu - S: On February 28, 2017, the People’s Court of Bac Giang Province sent a judicial assistance mandate No. 09/UTTPDS-TA5 to the Office of Economics and Culture of Vietnam in Taiwan to serve the court documents to Mrs. Juan, Chiu - S but the dossier was returned by the Ministry of Justice because of mistakes. On April 17, 2017, People’s Court of Bac Giang Province kept sending the judicial assistance mandate No. 08/UTTPDS-TA5 to the competent authority of Taiwan to serve the Notification of Acceptance of the Case No. 03/TBTL-TA dated January 11, 2017 to Mrs. Juan, Chiu - S. On December 8, 2017, People’s Court of Bac Giang Province received a Dispatch No. 3206/BTP-PLQT dated October 26, 2017 of the Ministry of Justice notifying the judicial assistance result associated with Mrs. Juan, Chiu - S’s case, enclosed with the judicial assistance result. On December 13, 2017, Mr. Do Van H who is authorized by Mrs. Juan, Chiu - S to receive and submit relevant documents to People’s Court of Bac Giang Province provided the Court with: A Request for Trial in Absentia dated September 29, 2016 with signature and handwriting of Mrs. Juan, Chiu - S (including Mrs. Juan, Chiu - S’s consent to Mr. Do Van T’s petition for divorce); a Letter of Authorization of Mrs. Juan, Chiu - S made to Do Van H dated September 29, 2016; household register of Mrs. Juan, Chiu - S. All documents submitted by Mr. Do Van H were consularly legalized/certified by Ministry of Foreign Affairs of Socialist Republic of Vietnam on November 20, 2017.

At the court hearing, Mr. Do Van T and Mrs. Juan, Chiu - S both submitted their Requests for Trial in Absentia, thus, the Trial Panel publishes their self-declarations in the case file.

At the court hearing, the representative of the People’s Procuracy states that the Judge, the Trial Panel, the Court Reporter and procedural participants have complied with regulations of law on procedures from the acceptance time until the deliberation time as per the law.

Request: Pursuant to Article 56 of the Law on Marriage and Family 2014 in Viet Nam and Clause 3 Article 35, Point b Clause 1 Article 37, Clause 1 Article 140, Article 175 of the Civil Procedure Code in Viet Nam, hereby judges:

- With reference to conjugal relationship: Grant Mr. Do Van T a divorce from Mrs. Juan, Chiu - S.

JUDGEMENT OF THE COURT

After considering documents available in the case file published at the court hearing. The Trial Panel judges as follows:

 [1] In terms of court procedures: Mr. Do Van T and Mrs. Juan, Chiu - S both have Requests for Trial in Absentia, the Trial Panel, pursuant to Clause 1 Article 227, Clause 1 Article 228 of the Civil Procedure Code, conduct the trial in absence of Mr. Do Van T and Mrs. Juan, Chiu - S.

 [2] With reference to jurisdiction: Mr. Do Van T is a petitioner whose permanent residence is in Bac Giang Province. Mrs. Juan, Chiu - S is a person whose nationality is Taiwan. Therefore, this is a marriage and family dispute involving a foreign litigant. Pursuant to Clause 1 Article 28, Clause 3 Article 35, Point b Clause 1 Article 470 of the Civil Procedure Code, the jurisdiction of this case falls under People’s Court of Bac Giang Province.

 [3] With reference to conjugal relationship: Mr. Do Van T and Mrs. Juan, Chiu - S registered marriage on April 20, 2015 at the People’s Committee of Bac Giang Province. Accordingly, this is a legal marriage protected by law.

 [4] With reference to the petition for divorce of Mr. Do Van T from Mrs. Juan, Chiu - S: Mr. T confirms that they have separated for a long time, so, they have no longer had strings attached. Despite the lack of a self-declaration, Mrs. Juan, Chiu - S consents to the petition for divorce of Mr. Do Van T in the request for trial and reconciliation in absentia and did not give further opinions. It is necessary to determine that they have not loved, taken care, and helped each other anymore, which cause their marriage falls into bad situation and cannot prolong, the purpose of marriage is not achieved. Therefore, a grant of divorce is deemed accordant with Article 51, Article 53 of the Law on Marriage and Family.

 [5] With reference to common children: None, so the court is not requested to settle.

 [6] With reference to common property: None, so the court is not requested to settle.

 [7] With reference to court fee: Mr. Do Van T has to pay the first instance court fee as prescribed in Clause 4 Article 147 of the Civil Procedure Code and Point a Clause 1 Article 24, Point a Clause 5 Article 27 of Resolution No. 326/2016/UBTVQH in Viet Nam of the Standing Committee of National Assembly dated December 30, 2016, which is deducted from the court fee advance of VND 300,000 paid at the Department of Civil Judgment Enforcement of Bac Giang Province.

 [8] With reference to court charge: Mr. Do Van T is a petitioner, so he has to pay the fee for judicial assistance abroad as prescribed in Clause 3 Article 153 of the Civil Procedure Code, Clause 2 Article 37, the list of court fees and charge in Resolution No. 326/2016/UBTVQH of the Standing Committee of National Assembly dated December 30, 2016, which is deducted from the judicial assistance advance of VND 200,000 paid at the Department of Civil Judgment Enforcement of Bac Giang Province.

- Mr. Do Van T is refunded VND 3,000,000 (Three million dong) of the advance paid at the Department of Civil Judgment Enforcement of Bac Giang Province.

The litigants have rights to appeal the Judgment as prescribed in Article 273 and Clause 2 Article 579 of the Civil Procedure Code.

Pursuant to documents and evidence mentioned above:

HEREBY DECIDES

Pursuant to Clause 1 Article 51, Clause 1 Article 53, Clause 1 Article 56 and Clause 2 Article 123 of the Law on Marriage and Family. Clause 1 Article 28, Clause 3 Article 35, Clause 4 Article 147, Clause 3 Article 153, Clause 1 Article 227, Clause 1 Article 228, Article 238, Article 271, Article 273, Point b Clause 1 Article 470 and Clause 2 Article 479 of the Civil Procedure Code; Point a Clause 1 Article 24, Point a Clause 5 Article 27, Clause 2 Article 37, the list of court fees and charge in Resolution No.  326/2016/UBTVQH of the Standing Committee of National Assembly dated December 30, 2015 to judge:

1. With reference to conjugal relationship:  Grant Mr. Do Van T a divorce from Mrs. Juan, Chiu - S.

2. With reference to court fees:  Mr. Do Van T has to pay the first instance civil court fee of VND 300,000 (Three hundred thousand dong), which is deducted from the paid advance according to the 2 receipts No. AA/2010/000394 dated January 10, 2017 and AA/2010/000454 dated February 19, 2017 of the Department of Civil Judgment Enforcement of Bac Giang Province. Mr. T is confirmed that he paid the first instance civil court fee in full.

3. With reference to court charge: has to pay the fee for judicial assistance abroad of VND 200,000, which is deducted from the judicial assistance advance of VND 200,000 paid according to the receipt No. AA/2010/000527 dated May 8, 2017 of the Department of Civil Judgment Enforcement of Bac Giang Province Mr. T is confirmed that he paid the first instance civil court charge in full.

- Mr. Do Van T is refunded VND 3,000,000 (Three million dong) of the advance paid according to the receipt No. AA/2010/000461 dated February 23, 2017 of the Department of Civil Judgment Enforcement of Bac Giang Province.

Mr. T who is living in Vietnam and absent from the court hearing has the right to appeal within 15 days from the date on which the Judgment is validly served or posted up. Mrs. Juan, Chiu - S who is living abroad and absent from the court hearing has the has the right to appeal within 30 days from the date on which the Judgment is validly served or posted up as per the law./.