Judgment no. 12/2018/HNGD-ST dated march 8, 2018 on divorce

PEOPLE’S COURT OF KIEN GIANG PROVINCE 

JUDGMENT NO. 12/2018/HNGD-ST DATED MARCH 8, 2018 ON DIVORCE

On March 8, 2018, the first-instance trial court was conducted at the office of People’s Court of Kien Giang province to hear the case No. 22/2016/TLST-HNGD dated May 23, 2016 regarding a divorce petition involving foreign elements. Pursuant to the Decision to hear the case No. 03/2018/QDST-HNGD dated January 24, 2018 between litigants below:

- Petitioner:  Mrs. Duong Tieu L, born in: 1986. Address: 1059 LQK, AH Ward, RG City, Kien Giang Province. (Present).

- Respondent:  Mr. LE, TAM T, born in: 1974. Address: 182 Wisteria Lane Biloxi MS 39530 USA. (Absent).

THE CASE

Representation of the petitioner, Mrs. Duong Tieu L, in the lawsuit complaint dated May 15, 2016 and the representation made at the trial:

She and Mr. LE, TAM T got to know each other through match maker; after a courtship, they decided to get married. The couple registered their marriage at the People’s Committee of Kien Giang Province and was issued with the marriage certificate on June 30, 2014, included in the marriage register No. 183, the volume No. 01/2014 dated July 2, 2014.

While living together, they came into many conflicts. The main reason for these conflicts is that they only had a whirlwind courtship and had dissent in viewpoint; so they did not stay in a happy marriage.

Besides, after marriage, Mr. LE, TAM T returned to USA to live, they only kept in touch via phones, and their marital bond became broken since then.  They worked hard to rebuild their marital bond to live happily together, but they obtained no result.

As for that reason, she filed for a divorce to request the following matters:

- With reference to marriage: She petitioned a divorce from Mr. LE, TAM T.

- With reference to common children, property and liabilities: While living together, they have no common child, property or liability so the court is not petitioned to settle.

Regarding the respondent, Mr. LE, TAM T: After accepting the case, on May 24, 2016, People's Court of Kien Giang province entrusted the Embassy of the Socialist Republic of Vietnam in USA with judicial capacity to serve the notice of acceptance of the case to Mr. LE, TAM T and to take his statements according to the address provided by Mrs. L, which is  182 Wisteria Lane Biloxi MS 39530 USA in respect of the divorce petition by Mrs. Duong Tieu L as regulated by laws; however; he did not give any opinion on the wife’s lawsuit petition.

Thus, On May 8, 2017, People’s Court of Kien Giang Province served the judicial paper for the second time to Mr. LE, TAM T. On October 24, 2017, the Court received the Official Dispatch No. 3183/BTP-PLQT dated October 24, 2017 of the Department of International Law affiliated to the Ministry of Justice, stating the successful judicial service to Mr. LE, TAM T and enclosed documents.

However, in the notice of acceptance of the case No. 39/TBTL-TA dated May 8, 2017 to be served to Mr. LE, TAM T, the Court fixed the time to open the reconciliation meeting at 14:00 on November 8, 2017; the time to re-open the reconciliation meeting at 14:00 on December 8, 2017; the time to open the court hearing at 08:00 on February 8, 2018; the time to re-open the court hearing at 14:00 on March 8, 2018. Location: the head office of People’s Court of Kien Giang Province. But Mr. LE, TAM T did not give any response to the Court and was still absent in reconciliation meetings and court hearings.

Opinions from the representative of People’s Procuracy of Kien Giang province: People's Court of Kien Giang province has full jurisdiction over the case in which the party concerned – the respondent is a foreigner as authorized. During the settlement of the case and at the trial, the judge, jury, court reporter and the petitioner has conformed to provisions of the Civil Procedure Code.

As Mr. LE, TAM T did not give any response and was still absent in reconciliation meetings and court hearings although the Court duly served the court papers to him, the Trial Panel conducted the trial in the absence of Mr. LE, TAM T in accordance with laws and regulations.

In respect of Mrs. L’s lawsuit petition:  As the couple has lost contact with each other for a long time, and failed to live a married life together, they are no longer being in love with each other. Hence, the Trial Panel is requested to accept the divorce petition of Mrs. L. No claim for common children and property was made, so the Court will not consider it further.

JUDGEMENT OF THE COURT

 [1] In terms of court procedures: The defendant, Mr. LE, TAM T, under judicial assistance entrusted by People's Court of Kien Giang province to the Embassy of the Socialist Republic of Vietnam in USA to serve the notice of acceptance of the case to Mr. LE, TAM T and to take his statements as prescribed in Article 11 and 13 of the Law on Judicial Assistance in Viet Nam and the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters passed on November 15, 1965 and coming into force from February 10, 1969. On November 3, 2017, People’s Court of Kien Giang Province received the Official Dispatch No. 3183/BTP-PLQT dated October 24, 2017 and enclosed documents of the Department of International Cooperation affiliated to the Ministry of Justice stating the successful service to Mr. LE, TAM T as requested by the Court, but Mr. LE, TAM T did not give any statement and was still absent in reconciliation meetings and court hearings. As for that reason, pursuant to Clause 1 Article 16 of Joint Circular No. 12/2016/TTLT-BTP-BNG-TANDTC in Viet Nam dated October 19, 2016 of the Ministry of Justice, Ministry of Foreign Affairs and Supreme People’s Court, Point a Clause 5 Article 477 of the Civil Procedure Code in Viet Nam to hear the case in the absence of the respondent, Mr. LE, TAM T.

 [2] With reference to conjugal relationship: Mrs. Duong Tieu L and Mr. LE, TAM T knew each other, lived together, registered marriage and were granted the marriage certificate dated on June 30, 2014, recorded in the marriage register No. 183, volume 01, 2014 dated July 2, 2014 in accordance with Article 9, Article 10 of the Law on Marriage and Family 2000 in Viet Nam and Article 8, Article 9 of the Law on Marriage and Family 2014 in Viet Nam, so it is a duly legitimate marriage. The purpose of marriage is to build a comfortable, prosperous, civilized and happy family. The spouse has duties to live, love, take care and support each other. The couple, however, stayed in a broken marriage that they lived apart and did not meet with each other so their spousal relationship cannot be maintained. They have lost touch with each other since  2016 and have no feeling for each other, so they cannot build a happy family.

Deeming that their purpose of marriage is not achieved and their marriage cannot last longer, the Trial Panel has valid grounds to accept the divorce petition and the request of the designated representative of the People’s Procuracy of Kien Giang Province and allow the petitioner to lawfully divorce the respondent as prescribed in Article 56 of the Law on Marriage and Family 2014.

[3] With reference to common children: The couple has no common child during the time living together so the court is not requested to settle.

[4] With reference to common property and liabilities: No common property and liability is claimed so the court is not requested to settle.

[5] With reference to court fee: The court fee shall be paid under provisions in Clause 4 Article 147 of the Civil Procedure Code, Article 48 of Resolution No.326/2016/UBTVQH14 dated December 30, 2016 of the Standing Committee of the National Assembly on amount, remission, collection, payment, management and use of court costs and fees, Clause 8 Article 27 and Clause 1 Section I regarding the List of court costs and fees issued together with the Ordinance No.10/2009/UBTVQH12 in Viet Nam dated February 27, 2009 on court costs and fees.

Mrs. Duong Tieu L has to pay the first-instance civil court fee of VND 200,000, which shall be deducted from the advance of first-instance court fee.

[6] Other proceeding costs: Judicial assistance fees including VND 150,000 according to the receipt No. 0012501 dated May 25, 2016; VND 150,000 according to the receipt No. 0012728 dated May 9, 2017 of Civil judgment Enforcement Agency of Kien Giang Province; USD 95 transferred to the account of ABC legal Services company and related fees paid to Vietcombank – Kien Giang branch.

Mrs. Tran Thi M has made full payment as prescribed in Clause 3 Article 153 of the Civil Procedure Code.

Pursuant to documents and evidence mentioned above:

HEREBY DECIDES

Pursuant to Clause 3, Article 153, Point d Clause 1 Article 469, Point a Clause 5 Article 477, Clause 2 Article 479 of the Civil Procedure Code; Clause 1 Article 56 of Marriage and Family Law 2014; Clause 4 Article 147 of the Civil Procedure Code; Article 48 of Resolution No.326/2016/UBTVQH14 in Viet Nam dated December 30, 2016 of the Standing Committee of National Assembly on amount, remission, collection, payment, management and use of court costs and fees; Clause 8 Article 27, Clause 1 item about the list of court costs and fees issued together with Ordinance No.10/2009/UBTVQH12 dated February 27, 2009 providing for court costs and fees; Clause 1 Article 16 of Joint Circular No. 12/2016/TTLT-BTP-BNG-TANDTC dated October 19, 2016 of the Ministry of Justice, Ministry of Foreign Affairs and Supreme People’s Court which provides guidelines for application of a number of provisions of the Law on Legal Assistance regarding legal assistance in civil cases.

- Hereby judges: 

Accept the lawsuit petition of the petitioner, Mrs. Duong Tieu L.

1. With reference to conjugal relationship: Mrs. Duong Tieu L is granted divorce from Mr. LE, TAM T.

2. With reference to common children: The couple has no common child during the time living together so the court is not requested to settle.

3. With reference to common property and liabilities: No common property and liability is claimed so the court is not requested to settle.

4. With reference to court fees: Mrs. Duong Tieu L has to pay the first-instance civil court cost of VND 200,000, which shall be deducted from the first-instance court cost paid in advance according to the court cost and fee payment receipt No.0004937 dated May 19, 2016 issued by the Department of Civil Judgment Enforcement of Kien Giang province.   Mrs. L is not required to pay extra court fee.

5. Other proceeding costs: Judicial assistance fees including VND 150,000 according to the receipt No. 0012501 dated May 25, 2016; VND 150,000 according to the receipt No. 0012728 dated May 9, 2017 of Civil judgment Enforcement Agency of Kien Giang Province; USD 95 transferred to the account of ABC legal Services company and related fees paid to Vietcombank – Kien Giang branch. Mrs. Duong Tieu L has made full payment.

6. Right to appeal: Mrs. Duong Tieu L is entitled to submit a written appeal within 15 (fifteenth) days from the day on which the judgment is pronounced (May 18, 2018) to the superior People's Court in order to request an appeals court.

Mr. LE, TAM T may rightfully appeal the judgment within 1 month from the day on which this judgment is served or publicly notified as per law provisions.

7. In case the judgment or court decision is enforced as per regulations in Article 2 of the Law on enforcements of civil judgments in Viet Nam, 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, 7a 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./.