Is it possible to file a lawsuit when someone does not repay the loan via text message in Vietnam?

Is it possible to file a lawsuit when someone does not repay the loan via text message in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. Is a text message of borrowing money considered a loan contract?

According to Article 494 of the Civil Code 2015, contracts for borrowing property are stipulated as follows:

Contract for borrowing property means an agreement between parties whereby a lender delivers property to a borrower for use free of charge for a period of time and the borrower returns the property at the end of the period of time or when the purpose of the borrowing has been achieved.

At the same time, Article 119 of the Civil Code 2015 stipulates that forms of civil transactions include:

- A civil transaction shall be expressed verbally, in writing, or through specific acts.

Civil transactions by way of electronic means in form of data messages prescribed in law on electronic transactions shall be deemed to be written civil transactions.

- In cases where it is provided for by law that a civil transaction must be expressed in writing, notarized, authenticated, registered or permitted, such provisions must be complied with.

Data messages are information created, sent, received, and stored by electronic means.

Thus, it can be seen that property loan contracts are not required to be made in paper documents. In particular, borrowing money via text message is also considered a form of loan contract in the form of a data message—a form of text.

Therefore, it is possible to borrow money through text messages, and text messages to lend money can be considered a loan contract.

2. Is it possible to file a lawsuit when someone does not repay the loan via text message in Vietnam?

Because loan messages are still considered one of the forms of loan contracts, according to Clause 3, Article 496 of the Civil Code 2015, the borrower must have the obligation to return the borrowed property on the due date.

If there is no agreement on the time for returning the property, the borrower must return the property immediately after the purpose of the borrowing has been achieved.

On the contrary, if the borrower does not repay the debt, whether borrowing via text message or making a contract, the lender has the right to sue to collect the debt because the rights of the lender in this case have been violated.

3. Can the text message of borrowing money be considered a source of evidence when filing a lawsuit in Vietnam?

According to Article 93 of the Civil Procedure Code 2015, the regulations on evidence are as follows:

Evidences in civil cases are factual things which are handed to Courts by involved parties, agencies, organizations or individuals or gathered by Courts according to the order and procedures prescribed by this Code and are used by Courts as bases to determine objective details of the cases as well as to determine whether the involved parties' claims or protests are well grounded and lawful or not.

According to Article 94 of the Civil Procedure Code 2015, evidences are gathered from the following sources:

- Readable, audible or visible materials, electronic data;

- Exhibits;

- Involved parties' testimonies;

- Witnesses' testimonies;

- Expertising conclusions;

- On-site appraisal minutes;

- Property evaluation and price appraisal results;

- Written records of legal facts or acts that are formulated by functional persons;

- Notarized/authenticated documents;

- Other sources prescribed by law.

Thereby, it can be understood that evidence in civil cases is understood as real things that are submitted and presented to the court by the litigants and other agencies, organizations and individuals during the proceedings or collected by the court according to order and procedures.

Thus, the message of borrowing money is considered a source of evidence when suing for money from an ex-lover in the form of electronic data.

Nguyen Ngoc Que Anh

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