Judgment no. 76/2021/HNGD-ST on divorce dispute 

THE PEOPLE’S COURT OF TAY NINH PROVINCE

 JUDGMENT NO. 76/2021/HNGD-ST DATED NOVEMBER 05, 2021 ON DIVORCE DISPUTE 

On November 05, 2021, a public first-instance trial was conducted at the People’s Court of Tay Ninh Province to hear the handled case No. 87/2020/TLST-HNGD dated November 16, 2020 regarding “divorce dispute” pursuant to the Decision to bring the case to the trial No. 56/2021/QDXX-ST dated August 12, 2021, between the following parties:

- Plaintiff:  Mrs. Nguyen Thi Hong H - born in 1994, address:  PD Hamlet, PC Commune, TrB Town, Tay Ninh Province; having filed a petition for absence from the trial.

- Defendant: Mr. Cho HyunW, born in 1977; address: Korea; absent from the trial without legitimate reasons.

CONTENTS OF THE CASE

According to the petition and during the case resolution, the plaintiff, Mrs. Nguyen Thi Hong H, stated:

Mr. Cho HyunW and her got married on June 08, 2020 in Dongnae-gu, Busan-si, Korea. After marriage, Mr. Cho HuynW has been living in Korea till now. Due to language barrier and differences in customs and manners, Mr. Cho HuynW and her have no longer maintained contact with each other. Now, she finds that their marriage could not be improved as well as the purposes of marriage could not be achieved.  Thus, she asks for a divorce from Mr. Cho HyunW.

Regarding the children of this marriage, conjugal property and debt:  Mrs. Nguyen Thi Hong H confirms that they have neither children nor marital property and debt, and thus does not request the Court to make judgment on these matters.

The defendant, Mr. Cho HyunW, is a Korean national. The Court has followed judicial entrustment procedures for collecting his statements and notifying conciliation hearing date, dates of public evidence sessions, and the date of the trial hearing in accordance with Vietnam's Code of Civil Procedures but received no response.  According to the request of Mrs. Nguyen Thi Hong H, the Court has issued the Official Dispatch No. 36.TA/TGD-NCTN dated September 16, 2021 requesting VOV5 – Foreign Affairs Department to notify the divorce case on the channel for foreigners of VOV in 03 consecutive days but still received no response from Mr. Cho HyunW.

The representative of the People’s Procuracy of Tay Ninh Province has expressed their opinions at the trial as follows:

+ Regarding the court procedures:  The Judge has properly handled the case, collected evidence, made preparations, and issued a decision to bring the case to the trial within the prescribed time limits and his authority as prescribed in Vietnam’s Code of Civil Procedures; the Trial Panel and the Court Clerk have strictly complied with procedures and formalities of a civil trial.  During the legal proceedings, the persons concerned have strictly complied with regulations of Vietnam’s Code of Civil Procedures.

+ Regarding contents of the case: The Court is requested to accept the petition of Mrs. Nguyen Thi Hong H and allow Mrs. H to get divorce from Mr. Cho HyunW.

JUDGMENT OF THE COURT 

Based on evidence and documents examined at the trial and suggestions of the representative of the Procuracy, the Court finds that:

[1] Regarding the court procedures:

According to the petition for a trial in absentia submitted by Mrs. Nguyen Thi Hong H, and pursuant to Point a Clause 1 Article 238 of Vietnam’s Code of Civil Procedures, the Court decides to hear the case in the absence of Mrs. H.

The Court has followed judicial entrustment procedures for getting statements from Mr. Cho HyunW in accordance with Vietnam’s Code of Civil Procedures but received no response from him. According to the request of Mrs. Nguyen Thi Hong H, the Court has issued the Official Dispatch No. 36.TA/TGD-NCTN dated September 16, 2021 requesting VOV5 – Foreign Affairs Department to notify the dates of public evidence sessions and conciliation hearing date, date of reopening the hearing and conciliation hearing date, the date of the first-instance trial, and the trial reopening date, on the channel for foreigners of VOV in 03 consecutive days but still received no response from Mr. Cho HyunW, and Mr. Cho HyunW is also absent from this trial. Pursuant to Clause 5 Article 477 of Vietnam’s Code of Civil Procedures, the Court decides to hear the case in the  absence of Mr. Cho HyunW.

[2] Regarding the petition of Mrs. Nguyen Thi Hong H against Mr. Cho HyunW:

The marriage between Mrs. H and Mr.  Cho HyunW is lawful and protected by  law.

After marriage, Mr. Cho HuynW returned his home country and has been living there till now. Mrs. H and  Mr. Cho HyunW have no longer maintained contact with each other from that  time. Thus, Mrs. H has filed  a petition  for divorce from  Mr. Cho  HyunW. The Trial Panel finds that their conjugal love no longer exists and thus the purposes of marriage could not be achieved. Pursuant to Article 56 of the Marriage and Family Law, the petition for divorce of Mrs. Nguyen Thi Hong H should be accepted.

Regarding the children of this marriage, conjugal property and debt:  Mrs. H confirms that they have neither children nor marital property and debt. Thus, the Court does not consider these matters.

[3] At the trial, the Representative of the People's Procuracy of Tay Ninh Province has requested the Court to accept Mrs. H's petition and allow Mrs. H to get divorce from Mr. Cho HyunW. This request is well grounded, and thus should be accepted.

[4] Regarding procedural costs: 

Mrs. H shall pay VND 200.000 of the costs of judicial entrustment services in accordance with Article 44 of the Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 of the Standing Committee of National Assembly prescribing court fees and charges, collection, exemption, reduction, transfer, management and use thereof, and actual entrustment service costs (Mrs. H has fully paid these costs).

[5] Regarding the first-instance civil court fees:  Mrs. H is the plaintiff and thus must pay VND 300.000 in accordance with Clause 5 Article 27 of the Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 of Standing Committee of the National Assembly on court fees and charges, collection, exemption, reduction, transfer, management and use thereof.

For the said reasons,  

THE COURT DECIDES

Pursuant to Point a Clause 1 Article 238, Clause 5 Article 477 of Vietnam’s Code of Civil Procedures, Article 51, Article 56 of the Marriage and Family Law, Clause 5 Article 27, Article 44 of the Resolution No. 326/2016/UBTVQH14 dated December 30, 2016 of Standing Committee of the National Assembly on court fees and charges, collection, exemption, reduction, transfer, management and use thereof;

1. The petition of Mrs. Nguyen Thi Hong H against Mr. Cho HyunW is accepted.

2. Mrs. Nguyen Thi Hong H is allowed to get divorce from Mr. Cho HyunW.

3. Regarding the children of this marriage, conjugal property and debt:  Mrs. Nguyen Thi Hong H confirms that they have neither children nor marital property and debt, and thus the Court does not make judgment on these matters.

4. Regarding the first-instance civil court fees:  Mrs. Nguyen Thi Hong H shall pay VND 300.000 (Three hundred thousand) which is deducted from VND 300.000 of the court fee temporarily paid under Receipt No. 0001449 dated November 16, 2020 of the Civil Judgment Enforcement Division of Tay Ninh Province.

5. Regarding procedural costs:   Mrs. Nguyen Thi Hong H shall pay VND 200.000 (Two hundred thousand) of the costs of judicial entrustment services which is deducted from an amount of VND 200.000 (Two hundred thousand) temporarily paid under Receipt No. 0020747 dated November 25, 2020 of the Civil Judgment Enforcement Division of Tay Ninh Province.

6. The persons concerned shall have the rights to appeal against this judgment to the Superior People’s Court of Ho Chi Minh City, Vietnam, within the following time limits:

Mrs. Nguyen Thi Hong H is entitled to make appeal within 15 days from the date on which she receives this judgment or this judgment is publicly posted.

Mr. Cho HyunW is entitled to make appeal within 01 (one) month from the date on which he is legally served with this judgment or decision, or this judgment or decision is publicly and lawfully posted as prescribed in Clause 2 Article 479 of Vietnam’s Code of Civil Procedures.