Banking and Debt Restructuring

Banking and Debt Restructuring Practice

Our senior lawyers bring deep experience in the governance, management, and operations of domestic and international banking institutions in Vietnam, with a particular focus on the recovery and resolution of significant non-performing and distressed debts on behalf of leading Vietnamese financial institutions.

In addition, our lawyers advise and support negotiations for a range of corporate and individual clients, helping them achieve practical outcomes such as interest waivers and reductions, debt restructuring, debt sales and purchases, release of secured assets, appropriate valuation in the disposition of collateral, and other flexible solutions tailored to each situation.

Drawing on long-standing experience in debt recovery and restructuring at leading Vietnamese credit institutions — where our lawyers participated in corporate debt workout programs of significant scale — we support credit institutions in the recovery, resolution, and restructuring of non-performing and distressed debts. We also advise and stand alongside individuals and organizations facing repayment difficulties, including in negotiations with lenders concerning maturity extensions, principal reductions, interest waivers, and other appropriate debt resolution arrangements.

We deliver specialized services in banking and debt restructuring, including:

We provide specialized advisory and support services to credit institutions in the recovery and settlement of bad debts, including:
- Assessing the feasibility of implementing legal measures for debt recovery in accordance with applicable laws and regulations.
- Negotiating with borrowers regarding repayment capabilities, proposed repayment plans, and the augmentation of security measures to ensure debt repayment.
- Advising, representing, and assisting credit institutions throughout the process of recovering and settling non-performing debts before courts, arbitral tribunals, and other dispute resolution bodies.
We offer robust support to clients in debt restructuring processes, such as:
- Advising and assisting credit institutions on the restructuring of bad debts.
- Advising and assisting individuals and organizations in negotiating with credit institutions for the restructuring of distressed debts.
We deliver expert counsel to clients on debt repayment solutions, including:
- Advising and supporting individuals and enterprises facing financial difficulties in renegotiating repayment solutions with credit institutions.
- Advising and supporting borrowers in reorganizing payment arrangements with credit institutions to mitigate the risk of default.
- Providing legal guidance on payment strategies and debt restructuring for clients who are individuals or organizations borrowing from credit institutions.

Highlight Deals(*)

Advised retail banking operations for premier international banks in Vietnam across a spectrum of issues, including legal counsel on product offerings, drafting or standardizing forms for local use, guiding relevant departments on the implications of regulatory amendments, and delivering comprehensive legal compliance training programs for the institution;
Advised the leading international banks in Vietnam on supplier contract management, such as developing supplier agreement templates that align with group-wide internal policies and Vietnamese regulatory requirements; conducting thorough reviews and negotiations with suppliers on technology procurement contracts, as well as standard goods and services agreements, among others, to ensure full awareness and adherence to the bank's protocols on anti-corruption, personal data protection, tax avoidance mitigation, and related matters;
Advised to the top-tier international banks in Vietnam in collaboration with pertinent departments to establish, implement, and oversee long-term objectives, strategies, plans, and policies, ensuring rigorous compliance with legal frameworks while safeguarding the bank's sustained operational viability;
Served as Company Secretary for a foremost international bank in Vietnam, overseeing corporate governance matters to guarantee adherence to applicable legal mandates;
Advised the premier international banks in Vietnam on evolving legal landscapes, and devising and implementing appropriate responses to such changes;
Advised the products, coupled with drafting or standardizing forms for deployment at leading banks in Vietnam;
Advised the top international banks in Vietnam on risk-based approaches to legal and compliance integration within their business operations;
Advised the human resources divisions of international banks in Vietnam on a wide array of employment-related issues, including recruitment and labor management, to ensure compliance with Vietnamese labor laws and group internal policies;
Advised the branches of Singaporean and Malaysian banks on extending loans to foreign-invested enterprises in Vietnam, including the mortgaging of land use rights by borrowers, encompassing the drafting of credit agreements, mortgage contracts, and ancillary lending documents, as well as registering such mortgages with competent state authorities;
Represented a prominent Vietnamese bank in negotiating substantial and intricate credit agreements with a leading domestic conglomerate;

Advised and negotiated with clients to execute contracts and transactions integral to the business operations of premier banks in Vietnam;
Advised the formulation, review of regulations, processes, policies, and templates in banking operations to uphold legal integrity, ensure compliance, and minimize risks for all stakeholders;
Advised the leading international banks in Vietnam on legal facets of expanding retail banking activities, including home loans and digital banking products;
Advised the domestic bank regarding the establishment, legal liabilities, and associated matters pertaining to the standing committee of the bank's board of directors;
Advised Hong Kong-based NRH Group, a multifaceted investor across the Asia-Pacific region with foci in IT, software development, and IT solutions in e-commerce (Life@ applications), financial technology (Fintech Solutions, Direct Money Services), including negotiating, executing, and implementing a series of collaborative projects for distributing domestic insurance products through major client systems of banks and telecommunications companies;
Advised the Retail and Corporate Banking divisions of a leading international bank in Vietnam, with emphasis on supporting digital financial products and services, online and mobile banking platforms, and addressing financial crime regulations (anti-money laundering, fraud prevention, and anti-bribery);
Advised a high-net-worth entrepreneur with diversified business interests across the garment, technology, and construction sectors on the restructuring of personal loans totaling up to USD 6 million;
Advised the loan agreements, mortgage contracts, and successfully register a foreign loan exceeding USD 4 million for a wholly foreign-owned enterprise in Vietnam; and
Reviewed the cash management service agreements for a domestic bank.

(*) Some of these cases that the lawyers at Ngo & Partners have advised on or represented at the law firms where they previously worked.