When you lend someone else's property (money, things) without making a written contract, reclaiming the property when a dispute arises is certainly more difficult — but not impossible. Because Vietnamese law allows civil transactions to be acknowledged by words, conduct, or electronic data if they meet the conditions of validity.
According toArticle 117 of the 2015 Civil Code, the form of civil transaction is only a mandatory condition if prescribed by law. In asset loan transactions (money or objects), the law does not require a written contract to be made for the transaction to be valid.
Therefore, loan transactions by words, text messages, money transfers, recordings... can still be recognized if the subject, content and voluntariness elements can be proven.
The lender needs to prove that the property has been delivered to the borrower, and the borrower is obligated to return it.
In the case of a non-term or interest-bearing contract, the right to reclaim assets can be exercised at any time, but requiresgive notice within a reasonable period of timeso that borrowers know and fulfill their debt repayment obligations. If not notified in advance, the lawsuit may be returned by the court because there is no basis to show that the lender's rights are violated.
Article 469 of the 2015 Civil Code stipulates the right to reclaim property in the case of a non-term or non-interest-bearing contract, subject to reasonable prior notice.
If there is no authentic evidence or the borrower denies the entire transaction, the likelihood of winning the case may be low.
When implementing debt collection measures, absolutely do not violate the law: do not use force, threaten, break into the borrower's house, humiliate the borrower, post personal photos without permission... These acts can be criminally or administratively handled.
Below is the step-by-step sequence based on practical experience that you can apply when lending without a contract:
When there is no written contract, you need to find alternative evidence to prove:
Message, email, audio recording, recorded speech: loan confirmation, debt repayment commitment.
Bank statement, transfer: shows the cash flow transferred to the borrower's account, with the content "loan" and "borrow money" if any.
Witnesses, people who know about the borrowing: witness statements can be supporting evidence.
Bailiff's Deed: if the money delivery takes place in cash, you can ask the Bailiff to make a deed recording the money delivery act.
Other additional evidence: transaction logs, contact history, photos, videos...
When filing a lawsuit, the court will consider whether the evidence is legal, related to the dispute, and convincing (according to Article 108 of the Civil Procedure Code 2015).
Even though you don't have a contract, giving written notice is still important:
The debt collection letter should clearly state: amount, loan date, reason for requesting repayment, payment time (for example 7‑10 days), if not paid, a lawsuit will be filed.
This letter is both to show goodwill and to express gratitudemandatory groundsif the court finds that you have demanded repayment before filing a lawsuit. If you have not sent a prior notice, the court may return the petition because there is no indication that rights have been infringed.
When the borrower fails to repay despite reasonable notice:
Submitpetition at the District/District People's Courtwhere the defendant resides, works or where the disputed property is located.
The lawsuit file includes:
Petition according to form (form 23‑DS attached to Resolution 01/2017/NQ‑HDTP)
Copy of your ID card / CCCD / household registration card and that of the borrower
All evidence collected (messages, statements, witnesses, documents...)
Photocopy of evidence of money or property transfer (eg photo, video)
Evidence proving previous debt collection notices (if any)
Copies of other relevant documents
When receiving the application, the court will consider itright to sue, the validity of the file, and can return the application if you have not notified in advance or lack grounds to determine that your rights have been infringed.
If accepted, the court will conduct arbitration, conciliation, collect evidence, invite witnesses, and adjudicate.
If the court accepts your request and issues a valid judgment:
You submit the judgment and enforcement decision to the Civil Judgment Enforcement agency (THADS) where the borrower has property or resides to request enforcement.
If the borrower has no existing assets or no income, the judgment may not be executed immediately.
During the execution of the judgment, you can request to distrain, freeze assets, and deduct money from the borrower's income.
If the borrower does not cooperate or deliberately avoids, you can request THADS to apply enforcement measures (if there is a legal basis).
Be restrained and obey the law
Avoid illegal acts such as threats, mental terrorism, breaking into homes, arrests, and spreading defamatory information. These acts can be criminally handled according to Articles 168, 170, 158, 157 of the Penal Code.
If you violate, you can lose all your property and get into legal trouble.
Statute of limitations for filing a lawsuit
With loan disputes, the statute of limitations for civil debt collection is usually3 yearsfrom the time the right to collect debt arises under Article 429 of the Civil Code.
However, if the loan contract has an indefinite or indefinite term, the debt can be collected at any time as long as there is evidence and reasonable advance notice is required.
Consider cost-benefit effectiveness
Sometimes the cost of lawyers, court fees, time and risks exceeds the amount you are demanding, especially when the borrower does not have assets that can be used to enforce the judgment.
Preserve evidence from the beginning
Before lending, if you can create a simple loan contract, clearly record it, or at least collect evidence of transfer, confirmation message... will help minimize risks if a dispute occurs.
Clearly identify the type of asset
If the property isunregistered real estate, the owner has the right to sue to reclaim the property at any time (no statute of limitations applies) according to Article 166 of the Civil Code, unless the possessor is a "bona fide possessor" and meets the conditions of Article 167.
If the property is a registered asset (vehicle, real estate), it is necessary to pay attention to whether the possessor is properly registered or not.
Although lending without a written contract brings many legal risks, if you prepare evidence carefully and follow the correct process, reclaiming property is not impossible.
The basic process includes: collecting evidence → sending a debt repayment notice → filing a lawsuit in a competent court → executing the judgment if successful. During this process, you need to exercise utmost restraint and not violate the law to avoid causing more trouble.
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