Vietnamese law on loan contracts in the field of banking credit - 28


145. Ho Chi Minh City University of Law (2015), Banking Law Textbook, Hong Duc Publishing House

146. UNIDROIT (1994), Principles of International Commercial Contracts , Translated by author Le Net, 1999, Ho Chi Minh City Publishing House

147. Phan Van (2006), Is signing a guarantee contract based on a breach of credit contract recognized?, Financial and monetary market July 15, 2006

148. Nguyen Van Van (2000), Some thoughts on the legal nature of bank credit contracts , Legal Science No. 03/2000, pp. 26-32

Maybe you are interested!

149. Institute of Legal Science Research (1995), Scientific Commentary on the Japanese Civil Code , National Political Publishing House.

150. Institute of State and Law Studies (1994), Basic theoretical issues on State and Law , National Political Publishing House.

Vietnamese law on loan contracts in the field of banking credit - 28

151. International Institute for the Unification of Private Law (Unidroit), Principles of International Commercial Contracts , Translated by author Le Net (1999), Ho Chi Minh City Publishing House

152. Le Danh Vinh (editor), 2009, Perfecting the institution of business environment in Vietnam , National Political Publishing House

153. Precedent No. 08/2016/AL on determining interest rates and adjusting interest rates in credit contracts from the day following the first instance trial date (published under Decision No. 698/QD-CA dated October 17, 2016 of the Chief Justice of the Supreme People's Court)

154. Precedent No. 11/2017/AL on recognition of mortgage contracts for land use rights where the land has assets not owned by the mortgagor (announced under Decision No. 299/QD-CA dated December 28, 2017 of the Chief Justice of the Supreme People's Court)

155. Judgment No. 48/2007/KDTM-ST dated September 17, 2007 of the People's Court of An Giang province on the "Credit contract dispute" between Dong A Commercial Joint Stock Bank - An Giang Branch and Ms. Doan Thi Kim Kham, Mr. La Quoc Su

156. Judgment No. 1413/2010/DS-PT dated December 14, 2010 of the People's Court of Ho Chi Minh City on "Dispute over asset loan contract" between Asia Commercial Joint Stock Bank and Ms. Bui Thi My Ha and Mr. Nguyen Anh Tuan

157. Judgment No. 01/2012/KDTM – ST dated April 9, 2012 of the People's Court of Phu Yen province on the "Credit contract dispute" between Saigon Commercial Joint Stock Bank for Industry and Trade and Van Phat Wine Company Limited

158. Judgment No. 1234/2012/KDTM-ST dated August 22, 2012 of the People's Court of Ho Chi Minh City, on "Credit contract dispute" between Phuong Nam Commercial Joint Stock Bank and Ms. Doan Minh Ha - Owner of Lien Ha Private Enterprise

159. Judgment No. 61/2012/KDTM-PT dated August 28, 2012 of the Court of Appeal of the Supreme People's Court in Da Nang on the "Credit contract dispute" between Saigon Commercial Joint Stock Bank for Industry and Trade and Van Phat Wine Company Limited

160. Judgment No. 49/2012/KDTM-ST dated September 24, 2012 of the People's Court of Cu Chi District, Ho Chi Minh City on "Credit contract dispute" between the Bank


Vietnam Import Export Trading Joint Stock Company for Thanh Cong Rubber Production and Trading Company Limited

161. Judgment No. 105/2013/KDTM-PT dated January 18, 2013 of the People's Court of Ho Chi Minh City, on "Credit contract dispute" between Vietnam Export Import Commercial Joint Stock Bank and Thanh Cong Rubber Production and Trading Company Limited

162. Judgment No. 25/2013/KDTM-PT dated October 30, 2013 of the People's Court of Long An province, on the "Credit contract dispute" between Vietnam Technological and Commercial Joint Stock Bank and Long An Textile Joint Stock Company

163. Judgment No. 07/2013/KDTM – ST dated September 19, 2013 of the People's Court of Phu Yen province on "Credit contract dispute" between Vietnam Joint Stock Commercial Bank for Industry and Trade - Phu Yen Branch and Quang Phu Trading and Service Company Limited

164. Judgment No. 16/2014/KDTM-PT dated February 24, 2014 of the Court of Appeal of the Supreme People's Court in Da Nang on "Credit contract dispute" between Vietnam Joint Stock Commercial Bank for Industry and Trade and Quang Phu Trading and Service Company Limited.

165. Judgment No. 146/2018/KDTMST dated June 26, 2018 of the People's Court of District 1, Ho Chi Minh City on "Construction contract dispute" between IBS Concrete Joint Stock Company and Compensation and Clearance Joint Stock Company.

166. First instance criminal judgment No. 322/2016/HSST dated September 9, 2016 of the People's Court of Ho Chi Minh City on the trial of the case "Pham Cong Danh and accomplices"...

167. Final Appeal Decision No. 15/2008/KDTM-GDT dated December 25, 2008 of the Supreme People's Court on the "Dispute over credit contract" between Dong A Commercial Joint Stock Bank and Ms. Doan Thi Kim Kham, Mr. La Quoc Su

168. Final Appeal Decision No. 32/2014/KDTM-GDT dated July 31, 2014 of the Supreme People's Court on the "Credit Contract Dispute" between Vietnam Export Import Commercial Joint Stock Bank and Thanh Cong Rubber Production - Trading Company Limited

169. Final Appeal Decision No. 14/2015/KDTM dated May 21, 2015 of the Supreme People's Court, on the "Credit Contract Dispute" between Dai A Commercial Joint Stock Bank and Mr. Nguyen Vu Anh

170. Final Appeal Decision No. 11/2015/KDTM-GDT dated May 8, 2015 of the Supreme People's Court, on the "Dispute over credit contract" between Vietnam Development Bank and Thuan Thanh II Private Enterprise

171. Final Appeal Decision No. 25/2015/KDTM dated November 6, 2015 of the Supreme People's Court on the "Credit Contract Dispute" between Saigon Joint Stock Commercial Bank for Industry and Trade and Van Phat Wine Company Limited

172. Final judgment No. 08/2017/KDTM-GDT dated May 19, 2017 of the Supreme People's Court, on the "Credit contract dispute" between VID Public Bank and Trai Thien Maritime Transport Investment and Development Joint Stock Company


173. Decision No. 24/2016/HBPKCTT dated December 29, 2016 of the People's Court of Tan Binh District annulling Decision on applying temporary emergency measures No. 24/2012/QDBPKCTT of the People's Court of Tan Binh District, Ho Chi Minh City.

Documents archived on the internet:

174. Vien The Giang (2016), New regulations on statute of limitations for filing lawsuits and the risk of increasing bad debt

Source: https://www.sbv.gov.vn/, accessed March 11, 2018

175. Bui Duc Giang (2017 ), Checking the use of loan capital should be... the right of credit institutions , Saigon Economic Times

Source: http://www.thesaigontimes.vn/162201/Kiem-tra-viec-su-dung-von-vay- nen-la-quyen-cua-TCTD.html , accessed March 12, 2018

176. Chi Hieu (2017), Bank money is not favored by the rich

Source: thanhnien.vn/thoi-su/tien-ngan-hang-khong-duoc-uu-ai-dai-gia- 856599.html, accessed on July 26, 2017

177. Le Hoi, Tay Do Limited Liability Company must pay Vietnam Development Bank - Thanh Hoa Branch 109,199 billion VND ,

Source: http://baothanhhoa.vn/vn/phap-luat/n115678/Cong-ty-TNHH-Tay-Do- phai-tra-cho-Ngan-hang-Phat-trien-Viet-Nam---Chi-nhanh-Thanh-Hoa-109,199-ty-dong , accessed on November 27, 2016

178. Kieu Thi Thuy Linh (2015), Pre- contractual obligations in service contracts of the European Law Principles (PEL SC) and lessons learned in perfecting legal regulations in Vietnam

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179. Phi Long/National Assembly Television, Wrongly convicted Director Luong Ngoc Phi received record compensation of nearly 23 billion

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180. Thach Mien (2018), Mr. Hoang Van Toan, former Chairman of Dai Tin Bank, stated: The defendant had no real power, only followed the instructions of Ms. Phan.

Source: http://thoibaotaichinhvietnam.vn/pages/tien-te-bao-hiem/2018-05-09/ong-hoang-van-toan-cuu-chu-tich-nh-dai-tin-khai-bi-cao-khong-co-thuc-quyen-chi-lam-theo-chi-dao-cua-ba-phan-57215.aspx , accessed on January 20 , 2019

181. BIDV Bank (2017), Preferential credit package for small and medium enterprises

10,000 billion

Source: http://www.bidv.com.vn/Tin-tuc-su-kien/Tin-khuyen-mai/UU-D-- 195;I-DOANH-NGHIEP-NHO-V--192;-VUA-VOI-G--21.aspx , accessed on

March 5, 2018

182. Asia Commercial Bank, Consolidated Financial Statements of 2016


Source: http://acb.com.vn/wps/wcm/connect/394d0718-6f97-4e17-9bf5- e0bce95e4c3d/BCTC+Hop+nhat.pdf?MOD=AJPERES , accessed on January 23, 2019

183. Viettinbank (2017), Workshop: Credit solutions for small and medium enterprises, October 5, 2017

Source: https://www.vietinbank.vn/vn/tin-tuc/Giai-phap-tin-dung-cho-doanh- nghiep-nho-va-vua-20171006092247.html , accessed on March 6, 2018

184. Mac San (2008), The Subprime Debt Crisis in the US: From A to Z

Source: http://vneconomy.vn/tai-chinh/khung-hoang-no-duoi-chuan-tai-my-tu-a-den-z-62186.htm , accessed November 27, 2017

185. Communist Magazine, Socialist-oriented market economy through Party documents during the renovation period

Source: http://www.tapchicongsan.org.vn/Home/xay-dung- dang/2016/37544/Kinh-te-thi-truong-dinh-huong-xa-hoi-chu-nghia-qua-cac.aspx , accessed on May 10, 2017

186. Supreme People's Court, Judge's Handbook

Source: http://toaan.gov.vn/portal/page/portal/ebb/1787571 , accessed October 19, 2016

187. Supreme People's Court, Draft 3: Resolution guiding the application of a number of legal provisions on interest rates and penalties for violations

Source: https://vbpq.toaan.gov.vn/webcenter/portal/htvb/chi-tiet- vbdt?dDocName=TAND053142 , accessed on January 21, 2019

188. Phan Thuong (2018), Debate over the amount of 4,500 billion VND in the VNCB scandal,

Source: https://thanhnien.vn/thoi-su/tranh-luan-ve-so-tien-4500-ti-dong-trong-dai-an-vncb-1033170.html ; accessed on January 20, 2019

189. Phan Thuong (2018), TrustBank case: Upheld sentence of Hua Thi Phan to 30 years in prison, compensation of 16,791 billion VND

Source: https://thanhnien.vn/thoi-su/dai-an-trustbank-y-an-hua-thi-phan-30-nam-tu-boi-thuong-16791-ti-dong-1019469.html ; accessed on January 20, 2019

190. National Financial Supervisory Commission (2017), Report on the economic and financial situation in 2017 and prospects for 2018, December 2017

Source: http://nfsc.gov.vn/sites/default/files/bccp2017m12_final.pdf , accessed on March 8, 2018

191. National Financial Supervisory Commission (2017), Financial Market Overview Report 2017

Source: http://www.nfsc.gov.vn/sites/default/files/bao_cao_tong_quan_thi_truong g_tai_chinh_2017.pdf, accessed on March 8, 2018


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192. Benjamin J. Klebaner (1990), American Commercial Banking - A history , Twayne Publishers, Boston

193. Black's Law Dictionary, West Pub Co

194. Calamari & Joseph M. Perillo (1987), The Law of Contracts , 3rd Ed ., West Publishing Co

195. Catherine Elliott and Frances Quinn (2009), Contract Law, Pearson Longman, UK

196. Charles L. Knapp, Nathan M. Crystal (1987), Problem in Contract Law , 2nd ed ., Little, Brown & Company (Canada) Limited

197. Dimitris N. Chorafas (1999), The Commercial Banking Handbook: Strategic Planning for Growth and Survival in the New Decade, London

198. Edward K. Reed, Edward K. Gill (1989), Commercial Banking , Prentice

Hall

199. EP Ellinger, Eva Lomnicka and Richard Hooley, Modern Banking Law ,

3rd ed ., Oxford University Press

200. John D. Calamari & Joseph M. Perillo (1987), The Law of Contracts , 3rd ed ., West Publishing Co

201. Lazarus E Panourgias (2006), Banking Regulation and World Trade Law , Oxford and Portland, Oregon

202. Lee Chin Yen (1980), The Law of Consumer Credit: Consumer Credit and Security over Personality in Singapore , Singapore University Press Singapore

203. LS Sealy & RJA Hooley (2003), Commercial Law - Text, Case and Materials , 3rd ed., LexisNexis UK

204. Robert Cole, Lon Mishler (1998), Consumer and Business Credit Management , 11th ed ., McGraww – Hill: Boston

205. Sweet & Waxwell (1992), Encyclopedia of Consumer Credit Law, Capital Access. New Jersey

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206. Arnold & Porte LLP (August 2015), US Regulation of Bank Lending

Source: https://files.arnoldporter.com/usregulationofbanklending.pdf , accessed June 10, 2017

207. Asymmetric Information

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208. Judgment in Case C-565/12 Le Crédit Lyonnais SA v Fesih Kalhan, Source: http://www.eulaws.eu/?p=2421, accessed April 10, 2017

209. JUDGMENT Durkin (Appellant) v DSG Retail Limited and another (Respondents) (Scotland), 2014


Source: http://ukscblog.com/new-judgment-durkin-v-dsg-retail-limited-anor- 2014-uksc-21/ , accessed 21/3/2017

210. Justin Pritchart (2016), What Can I Use My Loan Money For?. ..,

Source: https://www.thebalance.com/what-can-i-use-my-loan-money-for-315568 , accessed January 5, 2019

211. Loan Agreement,

Source: http://smartcampaign.org/storage/documents/Tools_and_Resources/Sam ple_of_Loan_agreement_Crystal-Final.pdf, accessed January 11, 2017

212. Martin Gunson (2013), Purpose clause in a loan or grant agreement ,

Source: http://www.bwbllp.com/file/property-win13-purpose-clause-pdf, accessed January 13, 2017

213. Tournier v National Provincial - Union Bank of England [1924] 1 KB 461, (Court of Appeal)

Source: http://www.singaporelaw.sg/sglaw/laws-of-singapore/commercial- law/chapter- , accessed on January 1, 2017

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215. Tradingeconomics, United States Consumer Credit Change (1950 – 2018)

Source: https://tradingeconomics.com/united-states/consumer-credit , accessed 07/01/2018

216. What is a Loan Agreement?

Source: https://www.debt.org/credit/loans/contracts, accessed January 11, 2017

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