VIAC and VCCI-HCM successfully co-organized the training course on loan contract security measures

On 24 July 2025, the Vietnam International Arbitration Centre (VIAC), in collaboration with the Ho Chi Minh City Branch of the Vietnam Chamber of Commerce and Industry (VCCI-HCM), organized the Q3/2025 Training course on the theme: “Loan contract security measures: Legal certainty – Capital safety”.

The programme was structured around two core topics:

(i) legal provisions and practical aspects concerning security measures for contract performance; and

(ii) security measures in bank loan transactions.

The program featured lectures delivered by Assoc. Prof. Dr. Dương Anh Sơn – Dean of the Faculty of Law, Ho Chi Minh City University of Economics & Finance, Arbitrator of VIAC – together with Mr. Nguyễn Văn Hải – Partner, and Mr. Trần Sơn Minh – Senior Associate, Allen Overy Shearman Sterling Vietnam LLC.

Assoc. Prof. Dr. Dương Anh Sơn – Dean of the Faculty of Law, Ho Chi Minh City University of Economics & Finance, Arbitrator of VIAC

Kicking off the course, Assoc. Prof. Dr. Dương Anh Sơn – Dean of the Faculty of Law, Ho Chi Minh City University of Economics and Finance, Arbitrator at VIAC – spoke about “Legal provisions and practical aspects of security measures for contract performance.” On the basis of analyzing the provisions of the 2015 Civil Code, he focused on clarifying security measures in terms of conditions for application and registration procedures, as well as the relationship between security measures and the principal contract, thereby providing recommendations for enterprises when engaging in loan transactions. In particular,  Assoc. Prof. Dr. Sơn cautioned enterprises about the inconsistency between Articles 331 and 453 of the Civil Code concerning retention of title. To address this issue, he emphasized that enterprises should ensure the inclusion of agreements, clear contractual provisions on retention of title directly within the principal contract whenever such arrangements are involved, so as to avoid disputes over which article should be applied. 

Following the first session of Assoc. Prof. Dr. Duong Anh Son, Mr. Nguyễn Văn Hải – Partner at Allen Overy Shearman Sterling Vietnam LLC, and Mr. Trần Sơn Minh – Senior Associate at Allen Overy Shearman Sterling Vietnam LLC – delivered a session delving into the legal framework governing foreign loan transactions and commonly adopted security measures. With respect to the current legal framework, Mr. Hải observed that although regulations do exist, many aspects remain unaddressed. Through his analysis, he emphasized that enterprises should pay close attention to the purpose of capital in foreign borrowings, as stipulated under Circular No. 08/2023/TT-NHNN and other relevant sectoral laws. In relation to secured assets, Mr. Hải highlighted the need for careful consideration of transferability, particularly in the context of pledges of listed shares. Mr. Trần Sơn Minh further clarified the legal restrictions on the issuance of guarantees by public companies in favor of their shareholders and related parties of shareholders, as well as the limitations applicable to asset transfers

The training program not only provided specialized knowledge but also created an open forum for exchange, enabling participants to discuss practical scenarios and engage directly with experienced lecturers on issues arising in the course of implementing loan transactions.

Some photos of the training course

INFOGRAPHIC

SUMMARY OF TRAINING PROGRAM CONTENT

Xem ảnh kích thước gốc: HCM - Infographic Khoá đào tạo Q3/2025

Aiming to accompany and support businesses in improving their legal risk management capabilities, the Vietnam International Arbitration Centre (VIAC), in collaboration with partners, has been organizing quarterly training courses that provide in-depth legal guidance on commercial contracts. These courses focus on the types of contracts that most frequently give rise to legal issues in practice, with carefully curated content designed to meet real-world business needs.

Theme of Q4/2025 Training program: Foreign trade

Details and registration: See HERE