What are some judgments on financial leasing contract disputes in Vietnam?

What is the content of a financial leasing contract of a financial leasing company in Vietnam?

According to Clause 1, Article 18 of Circular 26/2024/TT-NHNN, the financial lease contract of a financial leasing company must be made in writing in accordance with the legal provisions on civil contracts and must include at least the following contents:

- Names, addresses of the financial lessor and the financial lessee;

- Name, technical specifications, type, price, delivery and installation period, warranty of leased assets, quality of leased assets, terms, conditions related to leased assets;

- Purpose of use of the leased asset;

- Currency of financial leasing, currency for debt repayment;

- Financial lease payments, time of debt receipt for financial lease payments; financial lease interest rate; principles and factors determining interest rate, time for determining adjustable financial lease interest rate; types and levels of applicable fees; costs regulated by law;

- Duration of financial lease and repayment term of financial lease payments;

- Restructuring of repayment term, notification of overdue principal, interest rates applied for overdue principal balance, interest for late payment of financial lease interest;

- Repayment of principal, lease interest and order of recovery of principal, lease interest; prepayment;

- Cases where the financial lease contract is terminated early, early termination date and resolution of arising issues;

- Agreement on measures to ensure the financial lessor’s rights to the leased asset;

- Responsibilities, handling of contract violations, rights, and obligations of the parties;

- Dispute resolution methods;

- Other contents of the financial lease contract mutually agreed upon by the financial lessor and the financial lessee in accordance with legal regulations.

The financial lease contract is effective from the date agreed upon by the parties in the financial lease contract.

What are some judgments on financial leasing contract disputes in Vietnam?

Below is a compilation of several judgments on disputes over financial leasing contracts:

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