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The Supreme People's Court of Vietnam: Benchbook Online

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1.2.3. Contracts for a loan offered by a bank or credit institution


Related legal documents
  • Inter-Circular No. 01/1997/TTLT-TANDTC-VKSNDTC-BTP-BTC dated 19 June 1997 of the SPC, Supreme People’s Court, Ministry of Justice and Ministry of Finance (Section 4 of Part I) (hereinafter referred to as Inter-Circular No. 01/1997)
  • Official Letter No. 43/1999/KHXX dated 24 May 1999 of the SPC on calculation of interest rate applicable to loans offered by banks or credit institutions

  • Main tasks and practical skills:

    The Judge should note that a contract for a bank or credit loan is regulated by particular provisions which cover the form of the contract, calculation of interest and legal status of a subject in the proceedings.   

    • The calculation of interest and overdue debt interest rate against a loan offered by a bank or credit institution shall be made in accordance with the agreed contract and from the commencement of the contract to the completion of judgment enforcement.
    • Noting that according to the Charter on Organization and Operation of Specialized Banks (such as the Bank of Industry and Commerce, Bank for Investment and Development, etc.), their branches shall not have the right to participate in proceedings without delegation of power by the General Director; the Judge, therefore, should check the legality of such delegation in accepting and resolving a dispute where a bank participates in the proceedings.