THỰC TRẠNG XỬ LÝ TÀI SẢN BẢO ĐẢM TRONG HOẠT ĐỘNG CHO VAY TIÊU DÙNG TẠI CÁC TỔ CHỨC TÍN DỤNG Ở VIỆT NAM

Abstract

In Vietnam, consumer lending activities are mainly performed by credit institutions, which are banks and non-bank credit institutions, mainly financial companies. In fact, in the process of credit organizing for consumer loans, many customers are unable to repay loans, so credit institutions have to handle the client's secured asset out. In order to recover a loan, credit institutions  have to deal with the customer's secured assets, it is considered as a salvage solution for credit institutions to recover the debt. The handling of the collateral to recover overdue debts by the credit institutions must comply with the provisions of the law on security and goodwill of the customers as well as the related obligee. However, at present, the handling of collateral assets for credit institution’s consumer loans is still facing many shortcomings such as: determine the type of secured assets; valuations for the security asset; methods of dealing with the security asset; the process of handling the secured asset has faced many difficulties due to the fact that the obligor is not goodwill, co-operation ... Therefore, in order to best handle collateral in consumer lending activities at credit institutions to the best efficiency, it is necessary to complete legal provisions on general security and security in the banking sector. in particular, in addition, it is necessary to improve the efficiency of law enforcement on collateral handling in the consumer credit sector at credit institutions.