In Tay Ninh province, Vietnam, the People’s Court of Tay Ninh Province issued appellate judgment No. 1099/2026/DS-PT on August 26, 2026, holding a divorced couple jointly liable for a remaining 1.9 billion VND debt incurred by the former husband during their marriage, despite the wife’s claims she knew nothing of the loan.
The Bottom Line
- Joint Liability Confirmed: The appellate court ruled that debts incurred during marriage for family economic development remain a shared obligation post-divorce.
- Loan Breakdown: Borrower Ha Minh T. secured 2.2 billion VND across two notes in March 2025, repaid 300 million VND, leaving an outstanding 1.9 billion VND balance owed to lender To Thi Truc L.
- Legal Costs: The former spouses must jointly cover 69 million VND in first-instance court fees, while the former wife, Nguyen Kieu D., must pay an additional 300,000 VND for her dismissed appeal.
The March 2025 Loan Agreement and Land Title Collateral
On March 17, 2025, Mr. Ha Minh T., a resident of Tay Ninh, borrowed a total of 2.2 billion VND from Ms. To Thi Truc L. through two separate transactions. The first loan totaled 1.3 billion VND, and the second totaled 900 million VND, with both carrying a repayment deadline of March 18, 2025, according to court documents reported by vietnam.vn.
To establish credibility during the borrowing process, Mr. T. executed two written receipts, signed them, and handed over two original Land Use Rights Certificates to Ms. L. When the payment date arrived, Mr. T. cited financial distress and repaid only 300 million VND. This left an unsettled principal balance of 1.9 billion VND. Because Ms. L. did not receive full restitution, she initiated legal action seeking to hold both Mr. T. and his then-wife, Ms. Nguyen Kieu D., jointly and severally liable for the remainder. Ms. L. did not request interest accumulation during this initial period.
Disputing Knowledge of the Debt During Divorce Proceedings
During the legal proceedings, Mr. T. acknowledged the loan, the partial repayment, and the remaining 1.9 billion VND debt. He stated he used the borrowed capital to settle bank loans, clear debts related to his fish farming operations, and purchase land to secure his children’s future. He agreed to settle the outstanding balance with Ms. L.
Conversely, Ms. D. argued that she had no knowledge of Mr. T.’s borrowing activities. She maintained that she never borrowed money from Ms. L. and never agreed to assist in repaying it, characterizing the obligation as Mr. T.’s strictly personal debt. Court records indicate that Mr. T. and Ms. D. formally divorced by mutual agreement on June 24, 2025, and both testified during the first-instance trial that they had ceased living together by August 2025.
| Financial Metric / Legal Item | Amount (VND) | Details |
|---|---|---|
| Total Initial Loan | 2.2 Billion | Borrowed in two installments on March 17, 2025. |
| Repaid Amount | 300 Million | Paid by Mr. T. upon maturity due to financial constraints. |
| Remaining Disputed Debt | 1.9 Billion | Subject of joint and several liability ruling. |
| First-Instance Court Costs | 69 Million | Jointly assigned to Mr. T. and Ms. D. |
| Appellate Filing Fee | 300,000 | Assigned solely to Ms. D. for her dismissed appeal. |
Appellate Court Findings and Final Judgment in Tay Ninh
The People’s Court of Region 2 in Tay Ninh originally ruled in favor of Ms. L. in the first-instance trial, ordering both Mr. T. and Ms. D. to jointly pay the remaining 1.9 billion VND. Dissatisfied with the outcome, Ms. D. appealed to the higher court, requesting a modification to exempt her from the debt.
Upon reviewing the case, the appellate panel of the People’s Court of Tay Ninh Province established that Mr. T. had indeed utilized the funds borrowed from Ms. L. to repay commercial bank loans, clear aquaculture liabilities, and invest in real estate designed to build family assets. The court determined that the debt served family purposes rather than personal indulgence. Because the financial obligation materialized during the active marriage, the court concluded that the lower court’s decision to hold both parties jointly liable was legally sound.
During the appellate hearing, Ms. D.’s legal representative maintained the request for exemption, while Ms. L.’s representative urged the court to uphold the initial verdict. The Tay Ninh Provincial Prosecutor’s Office likewise recommended dismissing Ms. D.’s appeal. Finding no new evidence presented by Ms. D., the appellate judges confirmed the original ruling, mandating that the former couple settle the 1.9 billion VND debt together alongside applicable statutory interest, 69 million VND in joint trial costs, and 300,000 VND in appellate fees.
Disclaimer: The information provided in this article is for educational and informational purposes only and does not constitute financial advice.
