What is status of a money lender when participating in proceedings in Vietnam?

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Question date: 22/03/2023

I have loaned a couple of neighbors an amount of 100 million, now the couple is divorced and have not paid that amount, I have asked but have not received the loan back. Now, what is status of a money lender when participating in proceedings in Vietnam??

    • What is status of a money lender when participating in proceedings in Vietnam?

      Pursuant to Clause 4, Article 68 of the 2015 Civil Procedure Code, regarding involved parties in civil cases as follows:

      4. The persons with related interests and/or obligations in civil lawsuits are those who neither initiate lawsuits nor are sued, but the resolution of the civil lawsuits is related to their interests and/or obligations and, therefore they themselves, or other involved parties, request to include them in the proceedings in the capacity as the persons with related interests and/or obligations and such requests are accepted by courts.

      Where the resolution of a civil lawsuit is related to the interests and/or obligations of a person but no one requests to include him or her in the proceedings in the capacity as the persons with related interests and/or obligations, the Court shall have to include that person in the proceedings in the capacity as the person with related interests and/or obligations.

      Thus, if the other couple has borrowed from you an amount of VND 100 million, and they are currently in the process of divorce, your participation in the legal proceedings is the person with related interests and/or obligations in this case. Although you do not sue or be sued, the settlement of the civil case is related to your rights and obligations in Vietnam.

      Best Regards!

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    "This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts"

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