Supreme Court's Resolution on 43 Questions Regarding Civil and Criminal Matters

17:15, 10/07/2024

The Supreme People's Court has just issued Official Dispatch No. 212/TANDTC-PC regarding the notification of the online resolution results for several issues encountered in adjudication.

Full Resolution of 43 Issues

One of the issues regarding the crime of heavy interest lending in civil transactions is whether the illicit proceeds that the offender gains from charging heavy interest should be confiscated to the state treasury or returned to the borrower. This is answered as follows:

According to the provisions in Clause 1, Article 468 Civil Code, paragraph 2 states: “In cases where the agreed interest rate exceeds the defined limit in this Clause, the excess interest rate shall not be effective.”

Therefore, the amount corresponding to the interest rate exceeding 20% per year is the illicit gain that should be returned to the borrower, except when the borrower uses the loan for illegal purposes (such as gambling, etc.), in which case the illicit proceeds are confiscated to the state treasury.

See other questions in Official Dispatch 212/TANDTC-PC issued on September 13, 2019.

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