[FREE LEGAL ADVICE]

QUESTION:

May my lawyer help me: On February 10, 2020, I lent an amount of 100 million VND to an acquaintance. When borrowing money, people write a loan letter, clearly stating the names of the two parties, address, age, they clearly state that they borrow 100 million dong, 1 year later they will pay. Both also signed their names, with their fingerprints clearly, I still keep it up to now. At the beginning of February I reminded me to pay me, but they hummed and promised to pay me until the end of the month. By the beginning of March, they said that such a loan was against the law and did not respond to my text message or on my phone. Can I ask if such a loan is valid and if they don't pay it, can I sue? If the attorney helps, I am very grateful because the amount is also very large. Hope a lawyer help you.

ANSWER:

Greetings from MEDLAW, thank you for sending your question to us, based on the information you provided, we would like to advise as follows:

Under Article 463 of the 2015 Civil Code, the property loan contract is an agreement between the parties, whereby the lender delivers property to the borrower; when the payment is due, the borrower must return to the lender the property of the same type in the correct quantity and quality and only pay interest if so agreed or so provided by law.

According to the provisions of Clause 1, Article 117 of the Civil Code 2015, the effective conditions of a civil transaction are:

• The subject has civil legal capacity, civil act capacity appropriate to the established civil transaction;
• Subjects participating in civil transactions are completely voluntary;
• The purpose and content of civil transactions do not violate the prohibitions of the law, not contrary to social ethics

Under the provisions of Clause 1, Article 119 of the Civil Code 2015, the form of a civil transaction can be expressed verbally, in writing or in a specific act.

Under the provisions of Clause 1, Article 164 of the 2015 Civil Code, the owner has the right to protect and prevent any person from infringing upon his rights by measures not contrary to the provisions of law.

Under the provisions of Point a, Clause 1, Article 175 of the 2015 Criminal Code 2015 on the crime of abuse of trust and appropriation of property, whoever borrows the property of another person and then uses deceitful tricks to appropriate that property or the payment deadline is due. If the property has the conditions and abilities, but deliberately fails to pay and take the act of appropriating property of another person valued between VND 4,000,000 and less than 50,000,000, the fine shall be non-custodial reform until 3 years or imprisonment from 06 months to 03 years.

According to the provisions of Point c, Clause 2, Article 175 of the 2015 Penal Code, the crime of abuse of credit and appropriating property as mentioned above, but the appropriated property is valued at between VND 50,000,000 and under VND 200,000,000. imprisonment of 2 to 07 years.

Contact with your question, you are legally protected against ownership of your property. The fact that you lend and the borrower make a loan with complete personal information, loan amount, repayment period, signed, and point is only in accordance with the law because it satisfies all the conditions. events to take effect and comply with regulations on forms of civil transactions. 

In the event that the borrower does not pay the money when it is due, the contract is due and there is a sign of appropriation of the amount of 100,000,000 VND, that is, they are infringing your ownership rights, you have the right to take measures in accordance with the protection law. its ownership. Specifically, you can take them to Court under the civil procedure law or denounce them for abuse of trust and appropriation of property in accordance with the criminal procedure law.

The content upon is our answer to your question. If you ever need free legal consultancy service, please message us on the Fanpage or contact us through the hotline (84–28) 2253 7956 or website www.medlaw.vn.