- Judges of the Court of First Instance:

Chief judge: Ms. Ha Thi Phuong Thanh

People’s jurors:

1. Mr. Ho Hoang Dieu

2. Ms. Nguyen Thi Hong

- Court clerk: Ms. Le Thanh Thuy.

- Representative of the Can Tho municipal People’s Court: Mr. Lam Thanh Them.

Mrs. Phung Thu Phuong, as the petitioner, was born in 1984. Her address is 27 Tran Van Kheo, Cai Khe ward, Ninh Kieu district, Can Tho city.

US citizen Nguyen Du Van, as the respondent, was born on July 04, 1974. His address is 5699 Trowbridge Way, San Jose, CA95138, USA.

 CONTENT:

 • Petitioner’s request: Mrs. Phung Thu Phuong and Mr. Nguyen Du Van got married on January 29, 2010. After their marriage, Mr. Du Van returned to the US for work and promised to bring Mrs. Phuong to the US to live with him. But since then, he has never come back to Vietnam or contacted Mrs. Phuong. Therefore, Mrs. Phuong requested to divorce Mr. Du Van. They don’t have any children or shared assets so she doesn’t request the Court to settle these issues. 

• Respondent’s request: Mr. Nguyen Du Van has no response in the settlement process, although the Court has mandated to consult him.

• Representative of the Procuracy:

- Course on proceedings: The judges, the trial panels, and the litigants all comply with the provisions of the Civil Procedure Code. Both the respondents and the petitioner are absent.

- Content: The marriage of Mrs. Phuong and Mr. Du Van is unhappy. The purpose of marriage is not achieved, which only exists on paper. Reunion is unfeasible. Mrs. Phuong’s request to divorce Mr. Du Van is accepted. If there is a dispute on their shared assets and loans, it will be settled in another lawsuit.

COURT’S COURSE:

 [1] Regarding the application of civil procedure law:

 [1.1] Regarding jurisdiction: Mrs. Phung Thu Phuong and Mr. Nguyen Du Van voluntarily got married. Their marriage certificate was issued by the Can Tho city People’s Committee on February 8, 2010 (No. 45). The marriage between Mrs. Phung Thu Phuong and Mr. Nguyen Du Van is  legal and protected by law at the request of the litigants. Because Mr. Nguyen Du Van is a US citizen, the People's Court of Can Tho City accepts and settles the case in accordance with Articles 28 and 37 of the Civil Procedure Code.

 [1.2] Regarding the absence of Mr. Nguyen Du Van at the court session: In the process of resolving the case, the Court has managed to inform the party abroad through different channels in accordance with Article 474 of the Civil Procedure Code and conducted procedures non all other related matters including evidence collection through making a record of testimony for Mr. Du Van (BL23-43). The court received the Ministry of Justice’s confirmation: "service cannot be performed because there is no recipient at the requested place”. The Court has posted the time of the trial and other necessary information on VOV5’s website. Pursuant to Point c, Clause 6, Article 477, the trial court is conducted in the absence of Mr. Nguyen Du Van. Mrs. Phung Thu Phuong also requested trial in absentia.

 [2] Regarding the contents of the case: Mrs. Phung Thu Phuong and Mr. Nguyen Du Van registered their marriage and lived together in 2010. In 2010, Mr. Du Van returned to the US to work and promised to bring Mrs. Phuong to the US to live with him. But Mr. Du Van has not returned to Vietnam since then and has cut off all contacts with Mrs. Phuong. The court managed to inform Mr. Du Van but was unable to reach him. Mr. Du Van and Mrs. Phuong have been separating for nearly 10 years, which demonstrates that their marriage relationship exists only on paper and the parties have no obligation to love and take care of each other. After returning to the US, Mr. Du Van has severed contacts with his wife, which proved that he is unwilling to maintain the marriage and the purpose of their marriage was not achieved. Therefore, Mrs. Phuong’s request for a divorce is accepted.

[3] Regarding shared assets, loans, and children: Mrs. Phuong and Mr. Du Van have no shared assets, loans, and children. If there is a dispute later, these issues will be settled into another lawsuit according to general regulations.

The Procuracy's proposal is in accordance with law provisions.

[4] Mrs. Phuong is responsible for legal costs and judicial entrustment fee.

 COURT’S RULING

 The Can Tho municipal People’s Court would like to inform Mr. Nguyen Du Van on the divorce case with Mrs. Phung Thu Phuong.

 In the Decree of Divorce (No.194/2018/TLST-HNGD) dated October 10, 2018, the judgments are stated followed:

 Pursuant to Articles 51 and 56 of the Law on Marriage and Family, Articles 147, 153, 477, and 479 of the Civil Procedure Code, Article 7 of Resolution No.326/2016/UBTVQH14 dated December 30, 2016 on Court costs and fees.

 1. Martial relationship: It is ordered and decreed by the Court that Mrs. Phung Thu Phuong and Mr. Nguyen Du Van are divorced and that the marriage between them is dissolved.

2. Children and shared assets and loans: Mrs. Phung Thu Phuong and Mr. Nguyen Van Du have no children or shared assets and loans. Therefore, Mrs. Phuong requested no settlement for these issues.

3. Overseas judicial entrustment fee: Mrs. Phung Thu Phuong is required to pay the overseas judicial entrustment fee. The payment is deducted from the court fee advance she made earlier on March 07, 2019 (Receipt No.0003596), January 09, 2019 (Receipt No.0003582), and January 09, 2019 (Receipt No.000246) at the Can Tho municipal Department of Civil Judgment Enforcement. Mrs. Phuong has fully paid the overseas judicial entrustment fee.

4. First instance legal fee: Mrs. Phung Thu Phuong is required to pay the first instance legal fee. The payment was deducted from the court fee advance of 300,000 VND she made on October 10, 2018 (Receipt No. 001324) at the Can Tho municipal Department of Civil Judgment Enforcement.

5. Mrs. Phung Thu Phuong has the right to file an appeal against the Court’s ruling within 15 days after the decree is announced. The duration for Mr. Nguyen Van Du to file an appeal against the Court’s ruling is 1 month after the decree is announced. 

If the judgments take effect under Article 2 of the Law on Civil Judgment Enforcement, Mrs. Phung Thu Phuong and Mr. Nguyen Du Van have the right to negotiate the enforcement, request enforcement, voluntarily execute the judgments, or be forced to execute the judgments under Article 6, 7, and 9 of the Law on the Enforcement of Civil Judgments.