
Law situation: Dear Lawyer, I'd want to ask you a question. I have some money saved that was provided to me by my son who lives in another country for costs, but I have a pension and don't need it. My relative, who works in real estate, recently required money to acquire and sell land for profit. They requested a high-interest loan from me. As a lawyer, I'd like to know what interest rate I may charge without breaking the law.
Legal opinion:
Thank you for reaching out to FDVN Law Firm (FDVN). Regarding your consultation request, FDVN has the following discussions after reviewing the applicable legal regulations:
1. Concerning the interest rate on loans, as prescribed by the Civil Code:
Article 463 of the Civil Code 2015 on Loan Contracts states that:
“Contract for the loan of property means an agreement between parties whereby a lender delivers property to a borrower. When the loan falls due, the borrower must repay the lender property of the same type in accordance with the correct quantity and quality, and must pay interest if so agreed or so provided by law”.
Article 463 of the Civil Code 2015 on Interest rate states that:
“1. The rate of interest for a loan shall be as agreed by the parties.
The rate of interest for a loan agreed by the parties may not exceed 20% per year, unless otherwise prescribed by law. According to actual conditions and at the proposal of the Government, the Standing Committee of National Assembly shall adjust the above interest and send report to the National Assembly at the latest session.
If the agreed interest exceeds the maximum interest prescribed in this Clause, the agreed interest shall become invalid.
2. Where parties agree that interest will be payable but fail to specify the interest rate, or where there is a dispute as to the interest rate, the interest rate for the duration of the loan shall equal 50% of the maximum interest prescribed in Clause 1 of this Article at the repayment time.”
According to the aforementioned rule, the interest rate in an individual loan agreement must be agreed upon by both parties, although it cannot exceed 20% per year of the loan amount. If the lending exceeds the statutory interest rate limit, the excess interest rate will be declared ineffective, and the act of lending with excessive interest may be subject to legal repercussions and fines depending on the nature and severity of the infringement.
2. Regarding the handling of lending with excessive interest rates:
Administrative fines may be levied if a pawnbroker engages in the business of pawnbroking with collateralized assets while charging interest rates that exceed the legal limitations provided by the Civil Code. The administrative fine might vary from 10,000,000 VND to 20,000,000 VND, according to Article 12, Clause 4 of Decree 144/2021/ND-CP.
Furthermore, the act of lending at exorbitant interest rates may be punishable under Article 201 of the Criminal Code 2015, as revised and added in 2017. The following are the specific provisions:
“Article 201. Usury in civil transactions
1. Any person who offers loans at an interest rate that is five times higher than the maximum interest rate specified in the Civil Code and earns an illegal profit of from VND 30,000,000 to under VND 100,000,000 or recommits this offence despite the fact that he/she has incurred an administrative penalty or has an unspent conviction for the same offence shall be liable to a fine of from VND 50,000,000 to VND 200,000,000 or face a penalty of up to 03 years' community sentence.
2. If the illegal profit earned is ≥ VND 100,000,000, the offender shall be liable to a fine of from VND 200,000,000 to VND 1,000,000,000 or face a penalty of 06 - 36 months' imprisonment.
3. The offender might also be liable to a fine of from VND 30,000,000 to VND 100,000,000, be prohibited from holding certain positions or doing certain works for 01 - 05 years.”
According to Clause 1 Article 2 of Resolution No. 01/2021/NQ-HĐTP, dated Deccember 20, 2021, the term "lending with excessive interest rates" refers to a circumstance in which a lender makes a loan to a borrower at an interest rate that is five times greater than the maximum interest rate provided in Article 468, Clause 1 of the Civil Code. When settling a case in which the loan is granted in assets other than money, the value of those assets must be changed into money at the time of transferring the borrowed assets.
The Civil Code specifies a maximum annual interest rate of 20%. When the interest rate surpasses 5 times the aforementioned limit, i.e. 100% per year, it is deemed excessive lending, and the perpetrator may be held criminally accountable for the aforementioned act.
FDVN provides the aforementioned legal advice based on studying applicable legal provisions. We hope FDVN's advice is beneficial to you.
Vu Dinh Thang - FDVN Law Firm.
(1).jpg)
CONTACT US:
Lawyers in Da Nang:
99 Nguyen Huu Tho, Quan Hai Chau, Da Nang city
Lawyers in Hue:
56A Dien Bien Phu, Hue City, Thua Thien Hue
Lawyers in Ho Chi Minh City:
No. 122 Dinh Bo Linh Street, Binh Thanh District, Ho Chi Minh City
Lawyers in Ha Noi:
Room 501, 5th Floor, No. 11, Lane No. 183, Dang Tien Dong Street, Dong Da District, Ha Noi
Lawyers in Nghe An:
No. 19 V.I Lenin street, Vinh City, Nghe An Province
Website: www.fdvn.vn www.fdvnlawfirm.vn www.diendanngheluat.vn www.tuvanphapluatdanang.com
Email: fdvnlawfirm@gmail.com luatsulecao@gmail.com
Phone: 0935 643 666 – 0906 499 446
Fanpage LUẬT SƯ FDVN: https://www.facebook.com/fdvnlawfirm/
Legal Service For Expat: https://www.facebook.com/fdvnlawfirmvietnam/
TỦ SÁCH NGHỀ LUẬT: https://www.facebook.com/SayMeNgheLuat/
DIỄN ĐÀN NGHỀ LUẬT: https://www.facebook.com/groups/saymengheluat/
Youtube: https://www.youtube.com/c/luatsufdvn
Telegram: https://t.me/luatsufdvn
Group “Legal forum for foreigners in Vietnam”: https://www.facebook.com/groups/legalforeignersinvietnam
Other Articles
- NGHỊ ĐỊNH 393/2026/NĐ-CP QUY ĐỊNH VỀ NGƯỜI LAO ĐỘNG NƯỚC NGOÀI LÀM VIỆC TẠI VIỆT NAM
- DOING BUSINESS IN VIETNAM: A GUIDE TO THE REASONING, NOT THE RULES SO THAT WHEN THE LAW CHANGES, YOU ALREADY KNOW WHERE TO LOOK BY HERMAN, HENRY & DOMINIC
- TỔNG HỢP THUẬT NGỮ PHÁP LÝ TIẾNG ANH THÔNG DỤNG DÀNH CHO DOANH NGHIỆP
- LAWYER'S POKER: 52 LESSONS THAT LAWYERS CAN LEARN FROM CARD PLAYER BY STEVEN LUBET
- BÀI HỌC TIẾNG ANH PHÁP LÝ: ACCORDING TO
- LAWYERS, LIARS, AND THE ART OF STORYTELLING BY JONATHAN SHAPIRO
- NGHỊ ĐỊNH SỐ 385/2026/NĐ-CP CỦA CHÍNH PHỦ VỀ KIỂM SOÁT THỦ TỤC HÀNH CHÍNH
- VENTURE CAPITAL MODEL AGREEMENT WITH COMMENTARY: A CLAUSE-BY-CLAUSE GUIDE FOR LAWYERS IN ANY JURISDICTION BY HERMAN, HENRY & DOMINIC
- NGHỊ ĐỊNH 371/2026/NĐ-CP QUY ĐỊNH CHI TIẾT VIỆC TUYỂN DỤNG, QUẢN LÝ NGƯỜI LAO ĐỘNG VIỆT NAM LÀM VIỆC CHO CÁC TỔ CHỨC, CÁ NHÂN NƯỚC NGOÀI TẠI VIỆT NAM
- THỦ TỤC XIN CẤP LÝ LỊCH TƯ PHÁP CHO NGƯỜI NƯỚC NGOÀI 2026 / PROCEDURES FOR OBTAINING CRIMINAL RECORDS FOR FOREIGNERS IN 2026
- THỦ TỤC HƯỞNG BẢO HIỂM XÃ HỘI MỘT LẦN CHO NGƯỜI NƯỚC NGOÀI 2026 / PROCEDURES FOR LUMP-SUM SOCIAL INSURANCE ALLOWANCE FOR FOREIGNERS IN 2026
- THE HAPPY LAWYER: MAKING A GOOD LIFE IN THE LAW BY NANCY LEVIT & DOUGLAS O.LINDER
- VIETNAM INVESTMENT PROMOTION GUIDEBOOK 2026 BY VIETNAM TRADE PROMOTION AGENCY - MINISTRY OF INDUSTRY AND TRADE
- THE COMMERCIAL LAWYER'S MIND: UNDERSTANDING BUSINESS WITHOUT BECOMING A BANKER (A PRACTICAL GUIDE FOR LAW STUDENTS AND JUNIOR COMMERCIAL LAWYERS) BY BY HERMAN, HENRY & DOMINIC
- QUY ĐỊNH VỀ KHOẢN VAY NƯỚC NGOÀI, HỒ SƠ, THỦ TỤC ĐĂNG KÝ KHOẢN VAY NƯỚC NGOÀI VỚI NGÂN HÀNG NHÀ NƯỚC / REGULATIONS ON FOREIGN LOANS, DOSSIER AND PROCEDURES FOR REGISTRATION OF FOREIGN LOANS WITH THE STATE BANK
- BÀI HỌC TIẾNG ANH PHÁP LÝ: IN VIEW OF



