Judgment No. 45/2017/HNGD-ST dated December 25, 2017 on divorce

PEOPLE’S COURT OF DA NANG CITY

JUDGMENT NO. 45/2017/HNGD-ST DATED DECEMBER 25, 2017 ON DIVORCE

On December 25, 2017, the first instance trial was conducted at the office of People’s Court of Da Nang City to hear the case No. 37/2016/TLST-HNGD dated March 27, 2017 on the divorce; according to the Decision to Bring the Case to Trial No.  64/2017/QDXXST-HNGD dated September 21, 2017 between litigants:

- Petitioner:  Mrs. Nguyen Thi H; place of residence: Street P, Ward H, District L, Da Nang City.

- Respondent:  Mr. Tsai, Kun - H; place of residence: Street S, City G, District G, Taiwan Province, China.

THE CASE

Representation of petitioner, Mrs. Nguyen Thi H:

- With reference to conjugal relationship: Getting acquainted and having affection while working at the same company in Taiwan, she and Mr. Tsai, Kun - H voluntarily proceed to marriage and registered marriage in accordance with Vietnam’s law; they were granted a marriage certificate by the People’s Committee of Quang Ninh Province on June 6, 2011. After marriage, they had lived together in Street T, N City, Taiwan Province, China. They had lived together until February 2014 before they came into conflicts. These conflicts come from their cultural difference, conflicts of interests and finance and disrespect to each other. Thus, their marital bond became irretrievably broken and she returned to Vietnam in March 2015. Now she is aware that they have no strings attached anymore, so she requests the Court to obtain a divorce from Mr. Tsai, Kun - H.

- With reference to common children: She claims that Mr. Tsai, Kun - H and she have no common child.

- With reference to common property and liabilities: She claims that Mr. Tsai, Kun - H and she have no common property or liability.

During the process of settling the case, the respondent, Mr. Tsai, Kun - H, did not provide the court with any written response, and did not show up at the court trial.

At the court hearing today, considering the compliance with procedural law by the Judge, Trial Panel, court reporter and procedural participants during the settling process from the time when the case was accepted until the deliberation of the Trial Panel, the Procurator determines that they have complied with laws and regulations on civil procedures and requests the Trial Panel to, pursuant to Article 56, Article 126 and 127 of the Law on Marriage and Family, grant the petition for divorce of Mrs. Nguyen Thi H against Mr. Tsai, Kun - H.

According to documents and evidence assessed and the adversarial process at the court hearing, after the representative of the People’s Procuracy expresses the opinions, the Trial Panel considers that:

JUDGEMENT OF THE COURT

[1] The petitioner, Mrs. Nguyen Thi H, has Vietnamese nationality, place of residence: Street P, Ward H, District L, Da Nang City and the respondent Mr. Tsai, Kun - H, have Taiwanese nationality, China; during lawsuit settlement, Mrs. H determines that Mr. Tsai, Kun - H has changed place of residence to the address: Street S, City G, District G, Taiwan Province, China. So, this divorce case falls under jurisdiction of People’s Court of Da Nang City as prescribed in Article 37, Article 40, Article 469 of the Civil Procedure Code; Article 123, Article 127 of the Law on Marriage and Family. The provisions of the law on marriage and family of the Socialist Republic of Vietnam apply to the petition for divorce involving foreign elements of Mrs. H and Mr. Tsai, Kun - H in accordance with Article 122 of the Law on Marriage and Family.

[2] After accepting the case, the Court has served the judicial documents of the Court to the overseas litigant, who is the respondent Mr. Tsai, Kun - H, via diplomatic channel under the law on mutual legal assistance.  In specific, the Court issued the letter of request for judicial assistance in civil matters No. 26/UTTPDS-TA15 dated May 23, 2017, entrusting the competent agency to serve the Notice of the Acceptance of the Mrs. Nguyen Thi H ’s Petition for Divorce to Mr. Tsai, Kun - H and request him to give a written response to the Court; and notify him of the time and venue of the meeting to examine the delivery, access to evidence and conciliation; as well as the time and location of the court hearing, as provided for in Article 474 and Article 476 of the Civil Procedure Code. On October 26, 2017, the Department of International Law affiliated to Ministry of Justice issued Official Dispatch No. 3203/BTP-PLQT on response to the judicial assistance request, accordingly, in the Diplomatic Note No. 1060063164 dated August 29, 2017 of the Ministry of Justice in Taiwan, stating that the competent agency in Taiwan failed to carry out the judicial assistance because the address of the litigant is incorrect. From December 20, 2017 to December 22, 2017, the Court announced on the Overseas Service (VOV5) of the Voice of Vietnam the time and venue of the court trial of the petitioner, Mrs. Nguyen Thi H, filing for divorce from the respondent, Mr. Tsai, Kun - H and requested Mr. Tsai, Kun - H to participate in the court hearing as prescribed in Point c Clause 6 Article 477 of the Civil Procedure Code, however, the respondent, Mr. Tsai, Kun - H was still not present at the court hearing, therefore, the Trial Panel decided to try in the absence of Mr. Tsai, Kun - H as prescribed in Point c Clause 6 Article 477 of the Civil Procedure Code.

[3] Considering Mrs. Nguyen Thi H’s petition for divorce from Mr. Tsai, Kun - H, the Court deems that their marriage had many conflicts causing their marital bond irretrievably broken; on the other hand, since March 2015, Mrs. H and Mr. Tsai, Kun - H no longer lived together, their marriage fell into bad situation and their marriage purpose cannot be achieved, so Mrs. H’s petition for divorce from Mr. Tsai, Kun - H is accordant with Article 56 of the Law on Marriage and Family and should be accepted.

[4] With reference to common children, property and liabilities: Mrs. Nguyen Thi H claims that they have no common child, property or liability, so the Court does not take further consideration.

[5] Mrs. Nguyen Thi H has to pay the marriage and family first instance court fee in accordance with Article 147 of the Civil Procedure Code.

[6] Mrs. Nguyen Thi H has to pay the cost incurred in the judicial assistance and announcement on the means of mass media as prescribed in Article 153 and Article 180 of the Civil Procedure Code.

Based on the above-mentioned facts and matters,

HEREBY DECIDES

Pursuant to Articles 56, 122, 123 and 127 of the Law on Marriage and Family; Article 37, Article 40, Article 147, Article 153, Article 180, Article 469 and Point a Clause 5 Article 477 of the Civil Procedure Code; Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 of the Standing Committee of the National Assembly on court fees and charge, exemption, reduction, collection, transfer, management and use thereof.

Accept Mrs. Nguyen Thi H’s petition for divorce from Mr. Tsai, Kun - H. Hereby decides:

1. With reference to conjugal relationship: Mrs. Nguyen Thi H is granted divorce from Mr. Tsai, Kun - H.

2. With reference to court fees: Mrs. Nguyen Thi H has to pay a marriage and family first instance court fee of VND 300,000 (three hundred thousand Vietnamese dong), which is deducted from the first-instance fee paid in advance according to Receipt No. 001024 dated March 27, 2017 of the Department of Civil Judgment Enforcement of Da Nang City; Mrs. H has paid full marriage and family first instance court fee.

3. With reference to judicial assistance fee: Mrs. Nguyen Thi H has to pay a judicial assistance fee of VND 200,000 (two hundred thousand Vietnamese dong), which is deducted from the judicial assistance fee paid in advance according to Receipt No. 001081 dated May 23, 2017 of the Department of Civil Judgment Enforcement of Da Nang City; Mrs. A has paid full judicial assistance fee.

4. With reference to translation fee: Mrs. Nguyen Thi H has to pay VND 810,000 (Eight hundred and ten thousand dong), Mrs H has paid for the translation fee to the Justice Department of Hai Chau District, Da Nang City according to Sales Invoice No. 0047224 dated May 24, 2017 of the Justice Department of Hai Chau District, Da Nang City.

5. With reference to fee for announcement on means of mass media: Mrs. Nguyen Thi H has to pay VND 2,000,000 (Two million dong), Mrs. H has made full payment to the Voice of Vietnam according to receipt No. 107/2017/DV dated November 20, 2017 of Overseas Service (VOV5) affiliated to the Voice of Vietnam.

6. The petitioner, Mrs. Nguyen Thi H, who presents at the trial has the right to appeal the Judgment within 15 days from the date of pronouncement of the Judgment; the respondent Mr. Tsai, Kun - H, who is not present at court, has the right to appeal the Judgment within 01 month from the date on which the Judgment is duly served in accordance with the law.