📢 On 1 July 2026, the Ministry of Justice of Vietnam issued Official Letter No. 4908/BTP-BTTP as per attachment, providing guidance to the Ho Chi Minh City Department of Justice on deposit agreements, powers of attorney, and leases involving mortgaged assets.
📌 Key Highlights
🏠 1. Deposit Agreements
The Civil Code 2015 does not prohibit deposit agreements relating to mortgaged property. However, validity depends on the transaction terms and protection of the mortgagee’s rights.
📝 2. Power of Attorney
A mortgage does not automatically prevent notarization of a POA. Each case should be assessed under the Law on Notarization 2024 and relevant laws.
🏢 3. Leasing Mortgaged Property
A mortgagor may lease mortgaged property, provided the tenant and mortgagee are properly notified. Prior mortgagee consent is generally not required, unless agreed otherwise or required by law.
⚖️ THE LAM LAW – Your legal need, Our Mission’s Perspective
This guidance improves legal certainty, but parties should still carefully review:
🔹 the mortgage agreement
🔹 disposal restrictions
🔹 release conditions
🔹 security registration status
🔹 enforcement risks
💬 “By failing to prepare, you are preparing to fail.”
Legal due diligence before signing remains essential to prevent future disputes.
For further information, please contact:
David Lam, Managing Partner, THE LAM LAW
davidlam@thelamlawllc.com
