VietnameseThis content is provided in the 2025 Law Amending the Law on Credit Institutions (Law No. 96/2025/QH15), which takes effect on October 15, 2025.
Accordingly, Article 198c of the 2024 Law on Credit Institutions, as added under Clause 2, Article 1 of the 2025 Law Amending the Law on Credit Institutions, provides:
“1. After completing the procedures for evidentiary determination and upon concluding that such return does not affect the settlement of the case or the enforcement of the criminal judgment, the proceeding-conducting body shall return the evidence in the criminal case, which is collateral for a non-performing loan, upon the request of the secured party being a credit institution, foreign bank branch, or debt trading and handling organization, provided that the security contract contains an agreement under which the securing party consents to the secured party’s right to seize the collateral of the non-performing loan upon the occurrence of circumstances requiring disposal of the collateral in accordance with the law on security for the performance of obligations.
The disposal of collateral after being returned under Clause 1 of this Article shall be carried out in accordance with the law on security for the performance of obligations.”
Previously, the 2024 Law on Credit Institutions did not contain specific provisions on this matter.
Accordingly, under this new regulation, collateral that is evidence in a criminal case and associated with a non-performing loan may be returned by the proceeding-conducting body at the request of the secured party being a credit institution, foreign bank branch, or debt trading and handling organization—after evidentiary procedures are completed and it is determined that the return will not affect case settlement or enforcement of the criminal judgment.
In addition, the return of such collateral is conditional upon the security contract containing an agreement under which the securing party consents to the secured party’s right to seize the collateral in accordance with the law on security for the performance of obligations.
