Judgment No. 05/2018/HNGD-ST dated March 12, 2018 on divorce dispute

THE PEOPLE'S COURT OF QUANG BINH PROVINCE

JUDGMENT NO. 05/2018/HNGD-ST DATED MARCH 12, 2018 ON DIVORCE DISPUTE

On March 12, 2018, the first instance trial was conducted at the office of People’s Court of Quang Binh province to hear the civil case No. 09/2017/TLST-HNGD dated March 30, 2017 regarding a divorce petition according to the Decision to Bring the Case to Trial No. 878/878/2017/QDXXST-HNGD dated December 22, 2017, between litigants:

Petitioner:  Mrs. Bui Thi N, born on May 27, 1984, registered permanent residence: Residential block 1, Ward L, City D, Quang Binh Province, current address:  Residential block D 2, Commune N, City D, Quang Binh Province. The petitioner is present at the trial.

Respondent:  Mr. Nguyen Huu H, born on February 5, 1980, registered permanent residence before leaving Vietnam: Residential block 1, Ward L, City D, Quang Binh Province, current address:  Brunow 21 Berlin 13507 Germany. The respondent is present at the trial.

THE CASE

Representation of Mrs. Bui Thi N according to her petition for divorce, self-declaration and deposition made at the first instance court hearing:

With reference to conjugal relationship: Mrs. Bui Thi N and Mr. Nguyen Huu H got married on the voluntary basis, they registered marriage on October 25, 2002 at the People’s Committee of Ward L, City D, Quang Binh Province. After wedding, they had stayed in a happy marriage and mutually agreed to let Mr. Nguyen Huu H to work abroad so as to make extra money for the family. At first, while living apart, their marital bond still close and strong. But then, conflicts arose. Because of unbelief in affection and finance, their emotional bond became faded. This situation has happened for many years, both families tried to reconcile but failed, their emotional bond became more distant, now they truly have no strings attached anymore, so Mrs. N asks for a divorce.

With reference to common children: Mrs. Bui Thi N says that they have 2 common children, Nguyen Ha V, born on December 17, 2003 and Nguyen Ha Kha T, born on November 8, 2005. She claims the custody of them and requires Mr. H to provide monthly child support of VND 2,000,000 each.

With reference to common property: She does not request the Court to settle.

After accepting the case, the People’s Court of Quang Binh Province served judicial documents of the Court as per the law to Mr. Nguyen Huu H but the Court did not receive any deposition, materials or evidence from Mr. Nguyen Huu H. On February 7, 2018, Mr. Nguyen Huu H returned to Vietnam and here is his representation in the self-declaration dated February 12, 2018 and at the first instance court hearing: He agrees to the representation of Mrs. Bui Thi N in terms of their marriage registration, the period in which they lived together and reasons leading to their conflicts. Currently, they truly have no strings attached anymore, so, Mr. H consents to the petition for divorce of Mrs. N.

With reference to common children: Mr. Nguyen Huu H also confirms that they have 2 common children.

Mr. H agrees to give the custody of Nguyen Ha V and Nguyen Ha Kha T to Mrs. N, he will provide monthly child support of VND 2,000,000 each.

With reference to common property: He does not request the Court to settle.

Nguyen Ha V and Nguyen Ha Kha T state that they want to live with their mother in a case where their parents divorce.

Opinions of the representative of the People’s Procuracy of Quang Binh Province: During the case settlement, presiding officers have complied with the Civil Procedure Code in Viet Nam. Documents and evidence have been taken as prescribed and ensure the rights and interests of procedural participants.

With reference to the content of the case: Recognize the amicable divorce and agreements on dispute in the divorce between Mrs. Bui Thi N and Mr. Nguyen Huu H.

JUDGEMENT OF THE COURT

After consideration of the case files assessed and the litigants’ representation, and opinions of the representative of the People’s Procuracy at the court hearing the Trial Panel judges as follows:

[1] In terms of court procedures: Mrs. Bui Thi N filed a petition for divorce from Mr. Nguyen Huu H, registered permanent residence before leaving Vietnam: Residential block 1, Ward L, City D, Quang Binh Province, current address: Brunow 21 Berlin 13507 Germany. Pursuant to Clause 1 Article 37 of the Civil Procedure Code, the case falls under jurisdiction of the People’s Court of Quang Binh Province.

After accepting the case, the People’s Court of Quang Binh Province served judicial documents of the Court as per the law to Mr. Nguyen Huu H but the Court did not receive any deposition, materials or evidence from Mr. Nguyen Huu H. However, on February 7, 2018, Mr. Nguyen Huu H returned to Vietnam and then submitted relevant documents to the Court to resolve the petition for divorce of Mrs. Bui Thi N. The People’s Court of Quang Binh Province verified his identity card and required him to write a self-declaration as to legal relations needed to be resolved in the case. On March 12, 2018, Mr. Nguyen Huu H is present as to the summon of the Court. Pursuant to #Article 227, the Court conducts the court hearing under general procedures.

At the court hearing, the litigants come to an arrangement in terms of legal relations needed to be resolved as follows:

[2] With reference to conjugal relationship: Mrs. Bui Thi N and Mr. Nguyen Huu H confirm that they got married on the voluntary basis, they registered marriage on October 25, 2002 at the People’s Committee of Ward L, City D, Quang Binh Province. After wedding, they had stayed in a happy marriage and have two children, but then conflicts arose because of unbelief in affection and finance. Although both families tried to reconcile to rebuild their marital bond and prolong the marriage, they failed. Now, they have no strings attached no longer, and in fact, have lived separately, the purpose of marriage is not achieved, and they both do not care about healing the broken marriage, thus, they both consent to a divorce. The amicable divorce between the petitioner and the respondent is made voluntarily. Pursuant to Article 55, 56 of the Law on Marriage and Family in Viet Nam, the Trial Panel accepts the divorce agreement between Mrs. Bui Thi N and Mr. Nguyen Huu H.

[3] With reference to common children: Mr. H and Mrs. N confirm that they have 2 common children, Nguyen Ha V, born on December 17, 2003 and Nguyen Ha Kha T, born on November 8, 2005. They agree to give the custody of them to Mrs. N and Mr. H will provide monthly child support of VND 2,000,000 each. While Mr. H has been lived abroad, their children will be brought up and have their needs met in every aspect. This agreement is appropriate to current conditions of Mrs. N and Mr. H and expectations of two children. Pursuant to Articles 81, 82, 83, 84 of the Law on Marriage and Family, their agreement of child custody between Mrs. N and Mr. H is accepted.

[4]. With reference to property: Mrs. Bui Thi N and Mr. Nguyen Huu H agree not to request the Trial Panel to settle.

[5]. With reference to fee for service of court papers abroad: They agree that Mrs. Nam will pay the first instance civil court fee and the fee for service of court papers abroad, Mr. Nguyen Huu H will pay the fee for child custody as per the law. Pursuant to Clause 4 Article 147, Clause 3 Article 153 and Clause 2 Article 27 of Resolution No. 326/2016/UBNTVQH14 in Viet Nam dated December 30, 2017, their agreement is accepted.

With reference to right to appeal: Mrs. Bui Thi N and Mr. Nguyen Huu H have the right to appeal the Judgment as prescribed in Article 470 of the Civil Procedure Code.

Based on the above-mentioned facts and matters:

HEREBY DECIDES

Pursuant to Clause 1 Article 37, Clause 4 Article 147, Clause 3 Article 153, Article 246, Article 474, Article 479 of the Civil Procedure Code and Clause 2 Article 27 of Resolution No. 326/2016/UBNTVQH dated December 30, 2017 on court fees and charges, remission, collection and payment, management and use thereof; pursuant to Articles 55, 56, 81, 82, 83, 84 of the Law on Marriage and Family; hereby judges:

1. Accept the amicable divorce of Mrs. Bui Thi N and Mr. Nguyen Huu H

2. With reference to common child: Accept the agreement on child custody of Mrs. Bui Thi N and Mr. Nguyen Huu H: Award custody of Nguyen Ha V and Nguyen Ha Kha T to Mrs. N. Mr. H has to provide monthly child support of VND 2,000,000 from April 2018 until they attain the age of 18. Nobody may prevent the visitation rights of the non-custodial parent to visit and take care of the common children. For the sake of legitimate interests of juvenile children, the litigants may make a request to change the custodial parent.

3. With reference to fee for service of court papers abroad: Mrs. Bui Thi N has to pay the first instance civil court fee of VND 300,000 and the fee for service of court papers abroad of VND 200,000, which is deducted from the paid fee advance of VND 500,000 according to the receipt No. 00499 dated March 24, 2017 of Department of Civil Judgment Enforcement of Quang Binh Province.

Mr. Nguyen Huu H has to pay the fee for child support of VND 300,000.

The first instance trial is conducted publicly, Mrs. Bui Thi N and Mr. Nguyen Huu H have right to appeal the Judgment within 15 days from the pronouncement date.