Banks want guidance on procedures to sue online borrowers who "skip" debt

ANTD.VN - Banks want the People's Court to provide guidance on filing lawsuits against bad debts arising from online credit activities.

The Vietnam Banking Association has just sent an official dispatch to the State Bank regarding difficulties related to the implementation of legal regulations on handling bad debts and secured assets, debt trading, and making recommendations.

In particular, the Association proposes that for bad debts arising from online credit granting activities, due to the nature of credit granting, disbursement, debt collection, etc., all being carried out via the internet, the Supreme People's Court should provide specific guidance on the form/method of filing a lawsuit and supporting evidence to support credit institutions (CIs) in suing customers with these bad debts.

Online lending activities have exploded in recent years.

The Association also proposes to supplement the right to seize of credit institutions in cases where the right to seize collateral assets of credit institutions has been agreed upon in the Guarantee Contract and/or in the Minutes of Agreement and/or in the Working Minutes.

According to the Association, the legalization of this provision is completely consistent with the basic principles of civil law, according to which all commitments and agreements that do not violate the prohibitions of the law and are not contrary to social ethics are effective for the parties and must be respected by other entities. At the same time, it is necessary to supplement regulations on the responsibility to perform the tasks and powers of local authorities at all levels and the police agency in coordinating and creating conditions for credit institutions to seize secured assets.

According to the Association, after Resolution 42 expires from January 1, 2024 and the regulations on seizing collateral to handle bad debts of credit institutions are not legalized into the Law on Credit Institutions 2024, credit institutions can only apply the mechanism of filing a lawsuit in court, causing difficulties, delays, and increasing costs for credit institutions in handling collateral assets.

In addition, in reality, many customers know that credit institutions do not have the right to seize expired collateral assets of credit institutions, deliberately delay and do not cooperate with banks in handling collateral assets, so handling collateral assets of credit institutions becomes even more difficult.

In addition, the Association also proposed to apply a series of other regulations such as: Allowing the Court to apply the simplified procedure in resolving disputes related to secured assets at the Court with the conditions stated in Article 8 of Resolution No. 42 guided by Resolution No. 03/2018/NQ-HDTP without having to satisfy the conditions in Article 317 of the 2015 Civil Procedure Code; amending the Law on Enforcement of Civil Judgments...

Regarding debt trading, the Association proposes to consider expanding the scope of determining bad debt generation activities for debts purchased by credit institutions from organizations/individuals (not credit institutions); promulgate regulations to improve market liquidity through the development of tools and support services such as building a set of criteria and formulas for bad debt valuation; regulate the establishment and operation of organizations with the function of appraising bad debt valuation; develop preferential policies on tax exemption/reduction for bad debt trading activities of credit institutions...

Source: https://www.anninhthudo.vn/ngan-hang-muon-duoc-huong-dan-thu-tuc-khoi-kien-khach-vay-online-bung-no-post604864.antd