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Please Sign in your LuatVietnam account and sign up for the lookup software .Guide the trial of criminal case on usury in civil transactions
The Resolution No. 01/2021/NQ-HDTP guiding the application of Article 201 of the Penal Code and trial of criminal case on usury in civil transactions is issued on December 20, 2021 by the Judicial Council of the Supreme People’s Court.
Regarding the determination of the illegal profit for handling of criminal liability, in case of the usury term has expired as agreed, the amount of illegal profit used to determine criminal liability shall include the interest and other illegal profit which the borrower has to pay for the loaner after deducting the interest corresponding to the highest interest rate during the whole loan term.
In case of the usury term has not expired as agreed but already been detected, the amount of illegal profit used to determine criminal liability shall include the interest and other illegal profit which the borrower has to pay for the loaner after deducting the interest corresponding to the highest interest rate during the whole loan term up to the time when the competent authorities detect and prevent the criminal.
Besides, in case the person commits the act of usury multiple times with the illegal profit earned from each crime is VND 30,000,000 or more, if there is no crime facing criminal prosecution and the statute of limitations for penal liability examination has not expired, besides of being applied the sentence in the bracket corresponding to the total amount of illegal profit earned, he or she shall be applied the aggravating circumstance of “committing a crime twice or more”.
This Resolution takes effect on December 24, 2021.
For further details of the Resolution 01/2021/NQ-HDTP, Click here
