Is it possible to lease a mortgaged asset according to the law in Vietnam? What are judgments related to this case?

Is it possible to lease a mortgaged asset according to the law in Vietnam? What are judgments related to this case?

According to Article 321 of the Civil Code 2015 regarding the rights of the mortgaging party:

- Utilize and enjoy the benefits and profits from mortgaged property, except where the benefits and profits are also mortgaged as per agreement.

- Invest to increase the value of the mortgaged property.

- Retrieve the mortgaged property held by third parties, and related documents held by the mortgagee, when the obligation secured by the mortgage ends or is replaced by another security measure.

- Sell, replace, or exchange mortgaged property if it is circulating goods in the production and business process. In this case, the right to request the buyer to pay money, the amounts collected, the property formed from the amounts collected, and the replaced or exchanged property become mortgaged property.

In the case where the mortgaged property is a warehouse, the mortgaging party has the right to replace goods in the warehouse, but must ensure the value of the goods in the warehouse accords with the agreement.

- Sell, exchange, or donate mortgaged property that is not circulating goods in the production and business process, if agreed by the mortgagee or as prescribed by law.

- Lease or lend mortgaged property but must notify the lessee or borrower about the property being leased or lent as mortgaged property and must inform the mortgagee.

Thus, the mortgaging party is allowed to lease the mortgaged property but must notify the lessee or borrower about the property being used for mortgage and must inform the mortgagee.

What are judgments on property mortgage contract disputes in Vietnam?

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