Collecting debts via Social Networks, Does it violate Vietnam law???

Currently, social networks are no stranger to anyone, anyone can own a smartphone, IPad, laptop etc. can access to social networks such as Face Book, Zalo … to post status, share the article or comment on the topics that they are interested in. A growing social network helps people connect to the community quickly, sharing information or finding certain news much faster. Because of this, many people take advantage of social media to serve personal purposes, such as debt collectors. There are many questions raised around whether collecting debts through social networks are allowed or not? Are there any laws regarding that?

 

Vietnamese law provides for:

According to Article 25 of the 2013 Constitution, “Citizens have the right to freedom of speech, freedom of the press, access to information, meetings, association and protests. The exercise of these rights is prescribed by law”

According to Vietnam law, the owner has the “right to reclaim debts” or in other words, “the right to reclaim property” in Clause 1, Article 166 of the 2015 Civil Code. (You can find out more information about “Rights to collect debts” here).

 

So it can be said that posting information about Debtors and the content of the agreement between Debtors and Creditors on social networks is not illegal if such information is completely true and there are no offensive words to the dignity and honor of debtor. Collecting debt via social networks in Vietnam is not prohibited by law. However, not everyone understands and complies properly and fully.

 

Lawyer Dang Thanh Chung (Hanoi Lawyer Association) also shared in Dan Tri newspaper on September 29, 2019 “Currently, posting information with regular debt collection content on Facebook is not prohibited by law if between individuals there is real debt to each other. As for the case of not having a loan but being slandered or threatened by another person, Article 5 of Decree No. 72/2013/NĐ-CP on management, provision and use of internet services and online information records clearly prohibiting acts of counterfeiting individual organizations and spreading false information, untruthful information, which harm the legitimate rights and interests of organizations and individuals. “

 

However, not everyone understands and complies properly and fully. The act of posting fake information, fabricating, threatening, insulting, lowering the honor of others in order to indirectly reclaim a loan that has been lent violating the law in Clause 1, Article 21 of the 2013 Constitution “Everyone has the right to inviolability of private life, personal secrets and family secrets; have the right to protect his honor and reputation; Information about private life, personal secrets, family secrets is guaranteed by law.”

 

These acts will now be administratively sanctioned or examined for penal liability when deeming all elements constituting a crime. In addition, the person who is slandered can file a civil lawsuit, requests the violator to pay damages and apologize publicly.

 

 

Regarding administrative sanctions: at Point g, Clause 3, Article 66 of Decree 174/2013, the fines for violations of “Providing, exchanging, transmitting, storing or using digital information to threaten , harass, distort, slander, insult the reputation of an organization, honor, dignity and reputation of others “; “Collecting, processing and using information of other organizations and individuals without consent or for the wrong purposes prescribed by law” is from VND 10 million to VND 20 million.

 

 

Regarding prosecution of criminal liability: This act may also be prosecuted for criminal responsibility under the Criminal Code 2015 in Article 155Crime of humiliating others, or Article 156Crime of slander, if competent authorities review and realize that the act contains all elements of these crimes.

 

 


 

If you have any questions about debts that you cannot resolve, please send mail to songbao@sbdebtcollection.com or contact 1900 636 213 we will respond to your questions and offer advice as soon as possible.

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