Sharing on the “Monetary – banking dispute settlement” seminar on August 25, Lawyer Truong Thanh Duc, an professional within the banking sector, stated that the present banks are nonetheless mainly good, however that is new. solely the start of the difficulty that adopted. As a result of at present banks are nonetheless extending their debt, holding the identical debt group, and persevering with to lend.
“It takes 1-2 years earlier than the difficulties start to point out. When the enterprise dies like a stubble, the financial institution will start to lie down. The financial institution can’t lie first, at all times lie behind the enterprise” , stated the professional.
He additionally shared the view that the financial institution is at present being cursed rather a lot due to its excessive rate of interest, refusing to cut back curiosity free. “These are all emotional assessments, making no sense, as a result of the story between the financial institution and the client is negotiation and conciliation, however the legislation can’t pressure it. Aside from some particular circumstances the place there’s a decree specifying the title. require the financial institution to comply with,” he stated.
Beforehand, it was forbidden to maintain the group of money owed, unhealthy money owed have to be recorded as unhealthy money owed, it was forbidden to make brief provisions, and banks weren’t allowed to increase improperly; however now it’s allowed resulting from particular circumstances, so it needs to be accepted. That is appreciated by each companies and banks.
There are a lot of individuals questioning, the Authorities and the State Financial institution have requested business banks to restructure debt and scale back curiosity; So if the financial institution doesn’t scale back curiosity, doesn’t forgive penalties, doesn’t settle for debt restructuring, can the enterprise sue? Is it doable to depend on the Prime Minister’s Directive, the Authorities’s Decision, the SBV’s Round, and many others. to sue or not?
In line with LS Truong Thanh Duc, it’s essential to think about what’s the legislation, the place is the settlement between the 2 events. For instance, the legislation stipulates that the mortgage rate of interest is just not greater than 20% and the financial institution lends 21%, so the lawsuit is certain to win.
However the legislation doesn’t pressure banks to cut back rates of interest, it’s not an obligation however solely help, goodwill, cooperation between banks and clients, is to save lots of one another. The financial institution will help, however they nonetheless have to think about well being, capability, and threat. They’re able to restructure debt, however after they see that unhealthy debt is just too unhealthy, the danger is just too excessive, they’ve the appropriate to alter debt group.
“As for lending, though the challenge may be very possible, has enough collateral, the whole lot is picturesque… however banks that do not lend may also should undergo as a result of there aren’t any violations,” he stated.
Even within the case of pressure majeure, it have to be accompanied by many circumstances, not simply due to the Covid epidemic, pressure majeure will probably be counted. It’s not doable to at all times take into account Covid as a pressure majeure occasion in all disputes, some relevant, some not. For instance, it’s needed to think about particularly how industries and fields are affected by pressure majeure occasions.
Nevertheless, if the civil code on contract efficiency is utilized within the occasion of a basic change in circumstances. With “essentially altering circumstances”, if the right efficiency of the duty suffers an excessive amount of harm, the events are required to take a seat collectively to barter with one another. If the events can’t speak to one another, they may go to courtroom, however that could be a extra sophisticated and complex story.
Banks additionally must calculate for stability, in such troublesome financial circumstances, it is usually very troublesome to gather sufficient money owed from clients. If the creditor waits to go to courtroom, it could be determined to gather 100% of the debt however lose ready time, alternative prices, buyer relationships, and many others., generally the conciliation can solely get 50- 70% however higher.
“For these unclear disputes, conciliation is critical and more practical,” stated Physician Truong Thanh Duc.
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