Saturday, 06/09/2025
   

Need early guidance on unified application of law in credit cases

To resolve the difficulties and risks faced by the banking system in handling cases at court, it is essential to promptly issue unified legal guidance for credit-related cases. This is considered the "key" to unlocking current issues.

On the morning of July 18, 2025, in Khanh Hoa, the Vietnam Banks' Association (VNBA), in coordination with the Supreme People's Court (SPC) and the State Bank of Vietnam (SBV), organized the Workshop "Improving the Efficiency of Resolving Cases Related to Credit Institutions at the People's Courts". The workshop was attended by Mr. Nguyen Van Tien, Deputy Chief Justice of the SPC; Mr. Doan Thai Son, Deputy Governor of the SBV; along with leaders from functional departments/bureaus of the Supreme People's Procuracy, the Ministry of Justice, the SBV, People's Courts of provinces and cities, and member credit institutions (CIs).

Mr. Pham Toan Vuong, Chairman of the VNBA and General Director of Vietnam Bank for Agriculture and Rural Development

In his opening speech, Mr. Pham Toan Vuong, Chairman of the VNBA and General Director of Vietnam Bank for Agriculture and Rural Development (Agribank), emphasized the necessity of having clarifications and precedents to guide the unified application of law, thereby removing risks and obstacles faced by the banking system in handling disputes at court.

The VNBA Chairman acknowledged and highly appreciated the significant contributions of the Court sector in adjudication and dispute resolution, which has played an important role in helping the banking sector achieve encouraging results in its operations, especially in bad debt resolution recently. However, with the strong growth and expanding scale of the financial and banking market since 2020, the number and complexity of dispute cases related to CIs have continued to increase.

The VNBA Chairman stated that, based on feedback from member CIs, many difficulties and shortcomings have arisen in the practical resolution of cases at court. Prominent issues include:

  • Prolonged case resolution times.
  • Difficulties in accepting lawsuits and determining court jurisdiction.
  • Challenges in identifying and summoning all relevant rights holders and obligors.
  • Inadequacies in the process of on-site inspection and appraisal of collateral.

Notably, two groups of legal issues posing significant risks to banks are obstacles related to regulations protecting bona fide third parties and disputes concerning land use rights of households as collateral. Additionally, the return and handling of material evidence that is collateral in criminal cases remain major bottlenecks.

VNBA Chairman Pham Toan Vuong emphasized that "some causes stem from the credit institutions themselves, but others are due to differing legal interpretations and evidence assessments among legal proceedings officers. This has led to widely varied resolution approaches, posing significant risks for lending banks and those accepting collateral".

In anticipation of synchronized and unified solutions, given the current situation, the head of the VNBA suggested that prosecuting agencies need to provide unified legal guidance for emerging situations, not only in civil and commercial business relations but also in the resolution of related criminal cases.

Evaluating the workshop's content as highly important, the VNBA Chairman expressed hope that it would create a frank and open forum for CIs, judicial bodies, and state management agencies to jointly identify the current situation and legal issues where differing opinions still exist between courts and banks. The workshop also aimed to share experiences and lessons learned from practical case handling to prevent risks for CIs, particularly in the appraisal and signing of credit and collateral contracts. Furthermore, it sought to propose specific solutions for submission to the Council of Judges and the Chief Justice of the SPC for consideration and issuance of guiding documents and precedents, aiming for uniform application of law across the entire system.

The VNBA Chairman expressed hope that, with the participation of high-ranking leaders from the SPC, the SBV, and judicial bodies, the workshop would listen and fully record practical difficulties. From there, all parties would work together to find effective solutions, helping to accelerate the progress of collateral handling and bad debt resolution for CIs, successfully implementing directives from the Government and the SBV, and contributing to the soundness of the national financial system.

VNBA News

  • Banking on advice to boost financial futures

    Banking on advice to boost financial futures

    Many commercial banks, with extensive customer bases, transparent transaction data and widespread branch networks, have trialled wealth management models offering investment consulting, insurance and financial planning services to VIP clients.

  • Government-backed STEM loans launched by VBSP

    Government-backed STEM loans launched by VBSP

    Vietnam Bank for Social Policies (VBSP) is introducing preferential loans to STEM students as part of efforts to build a stronger science and technology workforce.

  • S&P upgrades ratings of three banks, citing resilient economy

    S&P upgrades ratings of three banks, citing resilient economy

    The agency raised Vietcombank to BB+, Techcombank to BB and Eximbank to BB-, with stable outlooks, while upgrading Việt Nam’s BICRA to group 8 from 9.

  • Interest rate developments applied by credit institutions in July 2025

    Interest rate developments applied by credit institutions in July 2025

    State Bank of Vietnam has just released the interest rate developments of credit institutions in July 2025.

  • SBV's Action Plan on improving social policy credit in the new period

    SBV's Action Plan on improving social policy credit in the new period

    On August 27, 2025, the State Bank of Vietnam (SBV) issued the Action Plan of the Banking sector to implement Decision No. 1560/QD-TTg dated July 18, 2025 of the Prime Minister promulgating the Plan to implement Directive No. 39-CT/TW dated October 30, 2024 of the Central Party Secretariat on improving the effectiveness of social policy credit in the new period (Decision No. 3061/QD-NHNN).

  • Vietnamese banks standing strong although risks remain

    Vietnamese banks standing strong although risks remain

    Vietnam’s banking sector has been a key facilitator as well as beneficiary of the country’s robust economic growth. We forecast total system outstanding loans to double by the end of this year relative to five years ago. This makes Vietnam the second-largest banking system in ASEAN by assets, ahead of other larger and higher-income economies.

  • Vietnamese banks get ready to join crypto asset market

    Vietnamese banks get ready to join crypto asset market

    The newly issued Law on Digital Technology Industry will take effect from January 1 and is considered an important milestone, ending many years of legal ambiguity on issues related to crypto assets.

  • Credit trends set tone for key sectors

    Credit trends set tone for key sectors

    Credit across the banking system has surged at an unusually high pace this year, with a significant share directed towards real estate and securities, raising concerns over the sustainability of growth.

  • New chapter arrives for digital asset firms

    New chapter arrives for digital asset firms

    Opportunities for international collaboration and attractive growth potential have turned the Vietnamese cryptocurrency market into a vibrant playground.

  • Shinhan Bank expresses gratitude to business customers with free Ting Ting speakers

    Shinhan Bank expresses gratitude to business customers with free Ting Ting speakers

    Shinhan Bank Vietnam Ltd. (“Shinhan Bank”) has launched the “Customer Appreciation Day for Business Customers” across all 55 branches and transaction offices nationwide, featuring a free giveaway of Ting Ting Speakers. This initiative is dedicated to expressing gratitude to individual business owners, household businesses, private enterprises, and SMEs that have accompanied the Bank throughout the years.

Calculate deposit interest
VNĐ
%/year
month
Calculate deposit interest

Loan calculation
VNĐ
%/year
month
Loan calculation