The Procuracy appealed to cancel the verdict in the case of 'customer escaped debt of 5 billion VND'

Today, October 9, the People's Procuracy of Region 7, Ho Chi Minh City issued Appeal Decision No. 02/QDKNPT-VKS-DS, protesting the entire first-instance judgment No. 1446/2025/DS-ST of the People's Court of Region 7. At the same time, it requested the People's Court of Ho Chi Minh City to review the case in the direction of annulling this entire judgment.

Previously, at the trial on September 30, 2025, the People's Court of Region 7 (HCMC) declared the credit contract and mortgage contract between VPBank and customer Tran Hong Son invalid, after VPBank filed a lawsuit against the customer, requesting payment of principal and interest.

According to the content of the protest just announced, the Procuracy believes that the court's handling of the proceedings exceeded the scope of the lawsuit request.

Specifically in this case, the plaintiff is the bank that filed a lawsuit requesting the defendant to pay the principal and interest and to handle the secured assets. The defendant has no counterclaim, the person with related rights and obligations also has no independent claim, and at the trial the parties did not change or supplement the lawsuit request.

However, the judgment declaring the Loan Contract No. LN2011183036955 invalid and resolving the consequences of the invalid Contract is a resolution beyond the scope of the lawsuit request.

Viện Kiểm sát kháng nghị hủy bản án vụ 'khách hàng thoát nợ 5 tỉ đồng'- Ảnh 1. — The adjacent villa that Mr. Son deposited for consultation and purchase recommendation is being completed. Photo: Novareal.

The appeal of the People's Procuracy of Region 7 also stated that the written agreement between Mr. Tran Hong Son and Novareal Company showed that the two parties signed on a voluntary basis. Mr. Son chose the property belonging to the investor and wished to buy the property when it met the conditions for sale according to regulations.

During the implementation of the agreement, Novareal did not violate its commitment, and Mr. Son and Ms. Dao did not have any complaints.

According to the Real Estate Brokerage Contract between Delta Valley Binh Thuan and Novareal, Novareal is not the investor of the Ocean Valley Tourist Complex project but is an exclusive brokerage consulting company.

Novareal does not have the function of trading and signing sales contracts for the project's products. Article 3 of the Law on Real Estate Business stipulates that "real estate brokerage is the act of intermediary between parties in the purchase, sale, transfer, lease, sublease, and repurchase of real estate". Therefore, based on the agreement with the investor, Novareal signed a consulting and brokerage agreement with Mr. Son and Ms. Dao in accordance with the law.

At the same time, in Clause 3.1, Article 3 of the Agreement shows that Mr. Son agrees to deposit to Novareal to ensure Mr. Son's performance of his commitments in this Agreement and to prove Mr. Son's financial capacity, not for the purpose of ensuring Novareal's commitments in this Agreement.

This is consistent with Article 328 of the 2015 Civil Code, so the Trial Panel's conclusion that the agreement dated November 5, 2020 between Novareal Joint Stock Company and Mr. Tran Hong Son is invalid due to violating the prohibition of the law, leading to the loan contract and mortgage contract being made together on November 25, 2020 is incorrect.

From there, the Chief Prosecutor of the People's Procuracy of Region 7, Ho Chi Minh City appealed the entire first instance judgment dated September 30, 2025 of the People's Court of Region 7, requesting the People's Court of Ho Chi Minh City to review the case in the direction of annulling the judgment dated September 30, 2025 of the People's Court of Region 7.

Nguyen Duc

Source: https://baochinhphu.vn/vien-kiem-sat-khang-nghi-huy-ban-an-vu-khach-hang-thoat-no-5-ti-dong-102251009192500958.htm