THAI BINH COURT’S DECREE ON DIVORCE CASE

On February 16, 2017, the Thai Binh provincial People’s Court held a trial in the divorce case between Mr. Duong Tuan Phong as the plaintiff and Mrs. Tina Do Thuy Vy Pham as the defendant.

The Jury board consisted of:

- Judge Nguyen Thi Phuong Thao

- People’s juror: Tran Thi Thanh Thuy, Deputy Head of the Medicine and Pharmacy Practice Management Office, Thai Binh’s Health Department

- People’s juror: Nguyen Thi Theu, Deputy Head of The Religious Affairs Office, Thai Binh’s Mass Mobilization Commission

- Secretary: Tran Thi Tuyet Trinh, Thai Binh’s People’s Court

- Prosecutor: Pham Thi Thu Cuc

Mr. Duong Tuan Phong, born in 1988, resides at 477, Ly Bon street, Ky Ba ward, Thai Binh city, Thai Binh province and Mrs. Tina Do Thuy Vy Pham, born in 1989, resides at 9335, 2ème Avenue Montréal (Québec) H1Z 2T2, Canada.

Mr. Phong told the court that he and Mrs. Tina Do Thuy Vy Pham registered for marriage at Thai Binh provincial People’s Committee on April 11, 2010. After their her marriage, Mrs. Tina Do Thuy Vy Pham returned to Canada in May 2010 and Mr. Phong stayed in Vietnam, waiting her to clear the necessary procedures for reunion in Canada. But he has since been unable to contact her. Mr. Phong said he and Mrs. Tina Do Thuy Vy Pham had neither children nor shared property and asked the Court to terminate their marriage. Though notices on the trial had been made via the mass media (VOVWORLD) and the Vietnamese Embassy in Canada as requested by law, there was no response from Mrs. Tina Do Thuy Vy Pham.

The prosecutor agreed that the trial complied with all existing legal procedures and urged the Court to approve the divorce between Mr. Duong Tuan Phong and Mrs. Tina Do Thuy Vy Pham.  The prosecutor proposed that their shared property, if any, be settled in a separate case if requested by the parties involved.

The Court said that the trial took place at the request of Mr. Phong and in the absence of the defendant as Mrs. Tina Do Thuy Vy Pham did not appear at the Court though several notices had been made via the mass media (VOVWORLD) and the Vietnamese Embassy in Canada as requested by law. As the couple has lost all contacts with each other for many years, the purpose of their marriage was not achieved and the termination of their marriage is, therefore, legal in accordance to Article 56 of the Law on Marriage and Family. The Court noted that their children and shared property, if any, shall be settled in a separate case if requested by the parties involved. Mr. Phong will bear all related fees under the law.

Pursuant to Vietnam's Law on Marriage and Family and Civil Procedure Code, the Court decreed that the marriage relationship existing between the parties are terminated and held for naught. The parties have the right to file an appeal against the Court’s ruling within 15 days after they are notified of the decree. 

                                                          On behalf of the jury board

                                                                        Judge

                                                              (Signed and sealed)

                                                          Nguyen Thi Phuong Thao