The Chief Justice of the Dien Bien Provincial People's Court has appealed for a review of a divorce case resolved by the Dien Bien Phu City People's Court, requesting the annulment of the entire decision recognizing the consensual divorce and the agreement of the parties
According to the appeal document, there is evidence to suggest that this is a divorce case aimed at evading debt repayment obligations.
According to the records, at the end of August 2011, Ms. LTH's husband filed for divorce with the Dien Bien Phu City People's Court. According to him, during their cohabitation, Ms. H. borrowed money from many people without consulting him, and spent it improperly, causing damage to the family's finances... More than half a month later, the Dien Bien Phu City People's Court issued a decision recognizing the amicable divorce and the agreement of the parties. Accordingly, the court awarded custody of the three children to the husband. Regarding assets, the couple had approximately 2.3 billion VND including a house, land, a coffee shop, and a karaoke establishment. The total amount of joint debt that the couple had borrowed from individuals and banks was over 2.2 billion VND. The couple agreed to divide it equally; Mrs. H. agreed to let her husband use all of their joint assets to pay off the debt, and he would give the remaining difference to her... Two days later, Mrs. P. - a creditor of Mrs. H. and her husband - filed a petition with the courts requesting the annulment of the aforementioned divorce agreement. According to Ms. P., in February 2011, she filed a lawsuit demanding that Ms. H. repay a debt of nearly 780 million VND and won the case. While the case was in the process of enforcement, Ms. H. and her husband requested a divorce. On the day the Dien Bien Phu City People's Court accepted this divorce case, Ms. P. submitted a request for the court to consider her rights, but it was not resolved. The court's decision did not acknowledge Ms. H.'s obligation to repay Ms. P.'s debt, while giving Ms. H.'s husband full authority to dispose of the joint assets, leaving Ms. H. essentially "empty-handed"... The Civil Enforcement Department of Dien Bien Phu City also sent a document to the courts and prosecutor's offices at all levels requesting an appeal to overturn the decision of the Dien Bien Phu City People's Court. The enforcement agency stated that it had identified the couple's joint assets and informed Ms. H. of her right to file a lawsuit to divide the couple's joint property. Thus, the property division agreement between Mrs. H. and her husband is illegal, aimed at evading the fulfillment of property obligations, infringing upon the interests of the State (civil court fees) and the rights of Mrs. P. In addition, the People's Procuracy of Dien Bien Phu City also requested the Provincial Procuracy to appeal the divorce case for supervisory review, aiming to annul the part of the agreement recognizing the property division between Mrs. H. and her husband.
After studying the case, the Chief Justice of the Dien Bien Provincial People's Court decided to appeal for cassation review as mentioned because, according to the Law on Marriage and Family, the division of common property between husband and wife to evade the fulfillment of financial obligations is not recognized by law.