Thursday, 24/07/2025
   

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

  • Capital poured into agriculture, rural areas

    Capital poured into agriculture, rural areas

    Credit growth for agriculture and rural development in Việt Nam rose 5.31 per cent in the first half of 2025 compared to the end of 2024, accounting for 23.16 per cent of the country’s total outstanding loans.

  • Interest rate developments applied by credit institutions in June 2025

    Interest rate developments applied by credit institutions in June 2025

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

  • Interest rate cut requires a trade-off in foreign exchange rate

    Interest rate cut requires a trade-off in foreign exchange rate

    Phạm Chí Quang, Director of the State Bank of Vietnam (SBV)’s Monetary Policy Department, talks about the cause of the đồng devaluation and forecasts the đồng in the second half of 2025.

  • SBV Action Plan to implement the National Strategy on Green Growth

    SBV Action Plan to implement the National Strategy on Green Growth

    State Bank of Vietnam (SBV) has coordinated with the German Agency for International Cooperation (GIZ), the International Finance Corporation (IFC), and the Swiss Secretariat for Economic Affairs (SECO) in organizing a Workshop to promote the implementation of the Banking Sector's Action Plan to implement the National Strategy on Green Growth for the period 2021 – 2030, and the Launching Ceremony of the Handbook on Environmental and Social Risk Management System in Credit Granting Activities.

  • Autonomy and stability balanced via credit reform

    Autonomy and stability balanced via credit reform

    The State Bank of Vietnam is setting out a roadmap towards removing credit growth ceilings, accompanied by efforts to enhance the autonomy of credit institutions.

  • More than 86 million bank accounts to be terminated from September 1

    More than 86 million bank accounts to be terminated from September 1

    The SBV stated that the deletion of over 86 million bank accounts was considered a system cleanup measure.

  • Vietnamese banks set for growth on major policy shift

    Vietnamese banks set for growth on major policy shift

    Experts believe that if managed properly, lifting credit room restrictions will enhance lending flexibility, allowing for a more natural adjustment of capital supply and demand, thereby facilitating investment and production needs in the economy.

  • Completing the legal framework for green finance development

    Completing the legal framework for green finance development

    On July 15, 2025, in Hanoi, the Policy Committee of the Vietnam Banks Association (VNBA) successfully organized a Seminar with the theme "Completing the legal framework to facilitate the operations of credit institutions related to green finance". The event brought together many leading experts, representatives of management agencies and financial institutions to discuss solutions to promote the sustainable development of green credit in Vietnam, in line with the country's potential and goals.

  • Vietnam Banks Association debuts its Risk Committee

    Vietnam Banks Association debuts its Risk Committee

    On July 16, 2025, in Hanoi, the Vietnam Banks Association (VNBA) officially announced and launched the Risk Committee under the Association Council.

  • Data is crucial for banking industry to move to new development phase

    Data is crucial for banking industry to move to new development phase

    The banking industry, one of the leading fields in applying technology and digitalising services, has all the conditions to move to a new development phase where data is considered the centre for all operations, decision-making and customer service, Vice Chairman and General Secretary of the Vietnam Banks Association (VNBA) Nguyễn Quốc Hùng said on Wednesday.

Calculate deposit interest
VNĐ
%/year
month
Calculate deposit interest

Loan calculation
VNĐ
%/year
month
Loan calculation