Dispute Resolution Of Property Loan Contract

Loan contracts are a fundamental aspect of modern financial transactions, facilitating the flow of capital between lenders and borrowers. Loan contract disputes can arise due to various reasons, such as disagreements over terms, defaults, or unexpected financial hardships. When such disputes occur, it is essential for both parties to understand their rights, explore potential remedies, and seek amicable resolutions. Please feel free to contact Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for legal advice and support.

1. What is a property loan contract dispute?

A property loan contract is an agreement between the parties, whereby the lender delivers the property to the borrower; when it is due, the borrower must return to the lender property of the same type in the correct quantity and quality and only pay interest if so agreed or prescribed by law.

Therefore, a property loan contract dispute is usually when the parties in a loan contract arise a conflict about rights and obligations in the contract such as: the borrower does not pay interest, does not pay enough money to the lender or the lender. loans at high interest rates.

Legal basis: Article 463 of the 2015 Civil Code

Dispute Resolution Of Property Loan Contract

2. Authority to resolve disputes over property loan contracts

When a civil contract dispute arises over a property loan, the parties should negotiate with each other to resolve the issue. In case an agreement cannot be reached, the parties can file a civil lawsuit asking the Court to resolve the matter.

• The parties may agree with each other in writing to request the district court where the plaintiff resides and works, if the plaintiff is an individual, or where the plaintiff office is located, if the plaintiff is an agency, organization. If there is no agreement, the district court of the place where the defendant resides or works, if the defendant is an individual, or where the defendant is headquartered, if the defendant is an agency or organization, has the competence to settle according to procedures. instance.
• In case there are litigants or assets in foreign countries or it is necessary to make judicial entrustment to representative agencies of the Socialist Republic of Vietnam abroad, to foreign courts or competent agencies under their jurisdiction. jurisdiction of the Provincial People Court.

Legal basis: Articles 39, 35, 37 of the 2015 Civil Procedure Code

3. Statute of limitations for filing a lawsuit against a property loan contract

• The statute of limitations for filing a lawsuit to request the Court to resolve a property loan contract dispute is 3 years from the date the person with the right to request knows or should know that his or her legitimate rights and interests are being violated.
• The Court only applies the statute of limitations upon a party or parties request to apply the statute of limitations, provided that this request must be made before the Court of First Instance issues a judgment or decision to resolve the case.

Legal basis: Article 429 of the 2015 Civil Code, Article 184 of the 2015 Civil Procedure Code

Dispute Resolution Of Property Loan Contract

4. Procedures for resolving disputes over property loan contracts

4.1. Dossier for settlement of loan contract disputes

• Complaint petition: the petition must satisfy the content according to Article 189 of the Civil Code 2015 (form 23-DS Resolution 01/2017/NQ-HDTP)
• ID card or household registration of the plaintiff, certificate of business registration/operation registration (if the plaintiff/respondent is a business)
• Documents related to the content of the case such as contracts or documents with value such as a property loan transaction, documents proving the fulfillment of the borrower obligations, proving the violation of payment obligations payment of principal and interest within the due date of the borrower, etc.

Legal basis: Articles 189, 91, 93 Civil Procedure Code 2015

4.2. Procedures

• Organizations and individuals file lawsuits and send them to competent courts.
• Within 03 working days from the date of receiving the lawsuit petition, the Chief Justice of the Court shall assign a Judge to consider the petition, within 5 working days the Judge shall consider the petition and issue one of the following documents: decisions: requesting amendments and supplements to the petition; carry out procedures for handling the case; transfer the lawsuit petition to the competent court and notify the petitioner; return the petition.
•  Within 05 working days from the date of assignment, the Judge must review the petition and make one of the following decisions: Request the plaintiff to amend or supplement the petition; Carry out procedures for handling the case according to normal procedures or according to summary procedures if the case meets the conditions to be resolved according to summary procedures; Transfer the lawsuit petition to the competent Court and notify the plaintiff if the case falls under the jurisdiction of another Court; Return the petition to the petitioner if the case is not within the jurisdiction of the Court.
• The Court will review the documents and evidence. If deemed to be within its jurisdiction, the Court will notify the litigant so that he or she can pay the court fee advance.
• Within 7 days from the date of receiving the Court notice of advance payment of court fees, the litigant must pay the court fee advance. After submitting, the litigant shall return the receipt to the Court, the court will handle the civil matter or civil case from the date of receipt of this receipt.
• The Court trial preparation time limit is 4 months from the date of accepting the case. If the case is complex or due to force majeure events or objective obstacles, it can be extended for another 2 months.
• Within 1 month from the date of the decision to bring the case to trial, the court must open a court session; In case there are legitimate reasons, this time limit is 02 months.

Legal basis: Articles 190, 191, 203 Civil Procedure Code 2015

Loan contract disputes are an unfortunate but common aspect of financial transactions. In many cases, open communication and a willingness to find mutually beneficial solutions can prevent disputes from escalating into lengthy and costly legal battles. If you have any questions, please contact immediately Apolo Lawyers Law Firm via email contact@apolo.com.vn or hotline - 0903.419.479 for legal advice and support.

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