Judgment No. 180/2019/HNGD-ST dated 25/10/2019 on confirmation of paternity

PEOPLE’S COURT OF HAI PHONG CITY

JUDGMENT NO. 180/2019/HNGD-ST DATED 25/10/2019 ON CONFIRMATION OF PATERNITY

On October 25, 2019, at the office of the People’s Court of Hai Phong city, a public first-instance trial is conducted to hear the Case No. 242/2018/TLST-HNGD dated December 25, 2018 on confirmation of paternity under the Decision to Bring the Case to Trial No. 3828/2019/QDXXST-HNGD dated September 17, 2019 and Decision to Adjourn the Hearing No. 3963/2019/QDST-HNGD dated September 25, 2019 between the following litigants:

- Plaintiff: Mr. Tran Van A, born in 1984; residence: No. 79/26/73 B street, C ward, D district, Hai Phong city; present.

- Defendant: Ms. Nguyen Thi E, born in 1981; permanent residence: Neighborhood 8, G ward, H district, Ninh Binh; temporary residence: No. 79/26/73 B street, C ward, D district, Hai Phong city; present.

- Person with relevant rights and obligations: Mr. Chae Gye I, born in 1959; residence: South Korea; absent.

THE CASE

Representations of the plaintiff, Mr. Tran Van A, in the request for confirmation of paternity and deposition: Mr. A and Ms. Nguyen Thi E are old schoolmates. In 2015, when Ms. E returned to Vietnam from South Korea, Mr. A met Ms. E again; sympathizing with each other’s situation, they began cohabiting. While cohabiting with Mr. A, Ms. E was pregnant and gave birth to a baby boy who was to be named Tran Minh K on 28-02-2018. As Ms. E had the abovementioned baby while she was still married to Mr. Chae Gye I (Ms. E was not divorced), the baby boy who was to be named Tran Minh K could not be granted a birth certificate. On 18-02-2019, Ms. E and Mr. Chae Gye I completed the divorce procedures according to the Marriage and Family Judgment No. 27/2019/HNGD-ST by the People’s Court of Hai Phong city. To ensure his rights as the father of the abovementioned baby boy, Mr. A took a DNA test, which confirmed that the baby is his biological child. Mr. A hereby requests the Court to confirm that the baby boy who is to be named Tran Minh K and was born by Ms. E on 28-02-2018 is Mr. A’s biological son.

Representations of the defendant, Ms. Nguyen Thi E, in the deposition dated 24-7-2019: Ms. E agreed with Mr. A’s representations on their relationship. As Ms. E has cohabited and had a child with Mr. A while not divorced from Mr. Chae Gye I, her South Korean husband, she could not apply for a birth certificate for her child with Mr. A. Now Mr. Tran Van A is requesting for the abovementioned baby boy to be confirmed as his biological child, Ms. E agrees with his request and also requests the Court to accept Mr. A’s lawsuit petition.

At the first-instance trial:

The plaintiff, Mr. A, upholds his lawsuit petition. The defendant, Ms. E, agrees with Mr. A‘s lawsuit petition and jointly requests the Court to confirm that the baby boy who is to be named Tran Minh K and was born by Ms. E on 28-02-2018 is Mr. A's biological child.

The person with relevant rights and obligations, Mr. Chae Gye I, is absent due to lack of judicial entrustment results.

Opinions of the representative of the People’s Procuracy of Hai Phong city:

Regarding procedure: during the settlement of the case and at the first-instance trial, the Judge, the trial panel and the court clerk comply with regulations of the Civil Procedure Code. The litigants exercise the rights and fulfill the obligations of litigants as prescribed in the Civil Procedure Code. 

Regarding settlement of the case: the documents and evidence in the case file provide sufficient grounds to confirm that the baby boy who is to be named Tran Minh K and was born by Ms. E on 28-02-2018 is Mr. A’s biological child, thus, request the trial panel to accept Mr. A's lawsuit petition and confirm that the baby boy who is to be named Tran Minh K and was born by Ms. E on 28-02-2018 is Mr. A’s biological child. Regarding court fees: Ms. Nguyen Thi E shall incur VND 300.000.

JUDGMENT OF THE COURT

Based on the documents in the case file inspected at the trial, the trial panel finds that:

- Regarding procedure:

 [1] The conflict of the case, which is confirmation of paternity, is provided for in Clause 4 Article 28, Clause 3 Article 35, Point A Clause 1 Article 37 and Article 469 of the Civil Procedure Code; and Clause 2 Article 101; Clause 2 Article 102; Clause 2 Article 123 and Clause 2 Article 128 of the Law on Marriage and Family and is under the jurisdiction of the People’s Court of Hai Phong city.

 [2] Mr. Chae Gye I is absent from the trial. After accepting the case, the Court judicially entrusted the foreign competent authority with serving Mr. Chae Gye I on the Court’s judicial documents, a notification that the Court is handling the plaintiff’s request for confirmation of paternity, as well as a request for Mr. Chae Gye I’s opinion on the plaintiff’s request for confirmation of paternity. On 11-3-2019, the People’s Court of Hai Phong city received Official Dispatch No. 475/CH-BTP by the Ministry of Justice on delivery of judicial entrustment documents to the National Court Administration of the Republic of South Korea for executing judicial entrustment and sending results to the Ministry of Justice. On 31-5-2019, the Court received Document No. 1469/BTP-PLQT by the Ministry of Justice on unsuccessful judicial entrustment by the South Korean competent authority due to failure to locate Mr. Chae Gye I. After receiving this document, on 17-7-2019, the Court requested that the embassy of Vietnam in South Korea and the editorial board of the web portal of People’s Court of Hai Phong city post the Court’s notification on the time of the resolution session and the time of the trial for Mr. Chae Gye I to know in writing. One month has passed after the date of posting of such notification but Mr. Chae Gye I is absent from the trial. Thus, the trial panel decides to hear the case in the absence of Mr. Chae Gye I according to regulations in Point c Clause 6 Article 477 of the Civil Procedure Code in Viet Nam.

- Regarding the request of the plaintiff:

 [3] Mr. A and Ms. E both confirm that the baby boy who is to be named Tran Minh K and was born by Ms. E on 28-02-2018 is Mr. A’s biological child. The genetic test results dated 10-10-2018 by the Identify DNA and Analyze Co., Ltd conclude that test participant No. V4-5092AF (Mr. Tran Van A) and test participant No. V4-5092C (Tran Minh K) are father and child. Thus, Mr. A and Ms. E’s representations are consistent with each other and with the conclusion in the genetic test results dated 10-10-2018 by the Identify DNA and Analyze Co., Ltd. Therefore, there are sufficient grounds to accept Mr. A’s request that the Court confirms that the baby boy who is to be named Tran Minh K and was born by Ms. E on 28-02-2018 is Mr. A’s biological child - Clause 2 Article 88 and Article 91 of the Law on Marriage and Family in Viet Nam.

- Regarding first-instance civil court fees and costs of judicial entrustment:

[4] Mr. A does not have to pay first-instance civil court fees as prescribed by law.

[5] Mr. A voluntarily incurs the costs of judicial entrustment - Clause 1 Article 153 of the Civil Procedure Code. Mr. A has paid VND 200. 000 of costs of judicial entrustment according to Receipt No. 0001623 dated 09-01-2019 by the civil judgment enforcement authority of Hai Phong city.

[6] Ms. Nguyen Thi E shall incur VND 300.000 of first-instance civil court fees according to regulations in Clause 1 Article 147 of the Civil Procedure Code and Clause 2 Article 26 of Resolution No. 326/2016/UBTVQH14 in Viet Nam.

[7] Mr. Chae Gye I does not have to pay first-instance civil court fees as prescribed by law.

Based on the abovementioned facts and matters,

DECISION

Pursuant to Clause 2 Article 88, Article 91, Clause 2 Article 101, Clause 2 Article 102; Clause 2 Article 123; and Clause 2 Article 128 of the Law on Marriage and Family.

Pursuant to Clause 1 Article 147 of the Civil Procedure Code; Clause 2 Article 26 of Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 by the Standing Committee of the National Assembly on rates, exemption, reduction, collection, payment, management and use of Court fees and charges.

Hereby judges: accept the lawsuit petition of Mr. Tran Van A:

1. Confirm that the baby boy who is to be named Tran Minh K and was born by Ms. E on 28-02-2018 is Mr. A’s biological child.

2. Regarding first-instance civil court fees:

- Mr. Tran Van A does not have to pay the first-instance civil court fees. Return to Mr. Tran Van A VND 300. 000 of court fees paid in advance according to Receipt No. 0001554 dated December 25, 2018 by the civil judgment enforcement authority of Hai Phong city. - Mr. Tran Van A voluntarily incurs the costs of judicial entrustment. Mr. A has paid VND 200. 000 according to Receipt No. 0001623 dated 09-01-2019 by the civil judgment enforcement authority of Hai Phong city. Mr. A has fully paid the costs of judicial entrustment.

- Ms. Nguyen Thi E shall incur VND 300.000 (Three hundred thousand dong) of first-instance civil court fees.

- Mr. Chae Gye I does not have to pay first-instance civil court fees as prescribed by law.

Within 15 days starting from the date of pronouncement, Mr. Tran Van A and Ms. Nguyen Thi E have the right to make an appeal to the Superior People's Court in Hanoi.

Within 01 month starting from the date on which the judgment is duly served or duly posted as per the law, Mr. Chae Gye I has the right to make an appeal to the Superior People’s Court in Hanoi.

In case the judgment is enforced in accordance with regulations in Article 2 of the Law on Enforcement of Civil Judgments in Viet Nam, the enforcement creditor and the enforcement debtor are lawfully allowed to reach an agreement on judgment enforcement, request judgment enforcement, be subject to voluntary execution or coercive judgment enforcement in accordance with regulations in Articles 6, 7 and 9 of the Law on Enforcement of Civil Judgments; and the limitation period for judgment enforcement is provided for in Article 30 of the Law on Enforcement of Civil Judgments