Acts of threatening and attacking creditors

In case the borrower threatens or attacks to violate the life, health, honor, dignity, property and other legitimate rights and interests of the creditor, it depends on the dangerous behavior and consequences have occurred, that person may be prosecuted for criminal liability according to the provisions of the 2015 Penal Code (amended and supplemented in 2017), such as: Article 123 (Crime of murder); Article 133 (Crime of threatening to kill); Article 134 (Crime of intentionally causing injury or harm to the health of others); Article 168 (Crime of robbery); Article 170 (Crime of property appropriation).

In cases that do not reach the level of criminal prosecution, the violator may be subject to administrative sanctions according to the provisions of Decree No. 144/2021/ND-CP dated December 31, 2021 of the Government. .

Regulations protect lenders

Articles 463, 465, 466, 467, 468, 2015 Civil Code provide very specific regulations on property loan contracts; interest rate in property loan contract; obligations of lenders and borrowers; on the use of assets to adjust for asset borrowing activities in civil transactions.

Accordingly, the lender will be protected by law in case of complying with the provisions of the Civil Code with the interest rate agreed upon by the parties and not exceeding 20%/year of the loan, except in cases where Other relevant laws provide different provisions. In case the agreed interest rate exceeds the interest rate limit as prescribed by the Civil Code, the excess interest rate will not be effective.

In case the borrower refuses to repay the loan amount, the lender can file a lawsuit with the People's Court of the place where the lending activity occurred or send a denunciation to the investigation agency if it determines that there are signs of a crime. violation.