Is there any difference between official credit from banks or finance companies and usury?1.. Article 201 of the 2015 Criminal Code of Vietnam stipulates Trang 4 IntroductionThe Vietnam
VIETNAM NATIONAL UNIVERSITY – HCM CITY UNIVERSITY OF ECONOMICS AND LAW FACULTY OF FINANCE AND BANKING TOPIC: BLACK CREDIT Course: Principles of Financial Market Lecturer: Nguyen Hoang Anh GROUP TOKEN MINERS LIST OF MEMBERS October 30, 2023 Name Student Code Member Level of contribution completion 1 Nguyen Thuong Ky Anh K224141713 Present 100% 2 Huynh Thi My Duyen K224141718 Content 100% 3 Le Thi Huong K224141724 Writing Report 100% 4 Nguyen Thi Thuy Linh K224141727 PowerPoint 100% 5 Tran Phuong Nghi K224141729 Content 100% 6 Doan Tuan Nghia K224141730 Present 100% 7 Bui Dang Quynh Nhu K224141733 Present 100% Table of Contents Introduction Literature Review I What is usury? Is there any difference between official credit from banks or finance companies and usury? 1 What is usury? 2 Is there any difference between official credit from banks or finance companies and usury? II Why does usury develop strongly in emerging countries? III Consequence of Usury IV Several case studies of usury all over the world and in Vietnam V Regulations/ Policies to prevent usury activities 1 Article 468 of the 2015 Civil Code of Vietnam states 2 Article 201 of the 2015 Criminal Code of Vietnam stipulates Conclusion Reference Introduction The Vietnamese consumer finance market has a golden opportunity for development with ideal conditions, such as a developing economy, a 95-million-strong population, 52 per cent of whom are of working age, and income increase, along with significant shifts from savings to shopping, and from cash to consumer credit The development of consumer finance is motivation for the growth of the economy, accelerating the circulation of goods on the market, allowing people to approach credit, especially customer groups under the banks’ lending standards, restricting black market credit, and supporting low-income people from improving their life Usury is a frequent occurrence in consumer credit markets and particularly affects low- income households Although the term usury conjures images of a greedy individual consciously acting to exploit the weak bargaining position of another by deceitful and even fraudulent means, we consider it as a systemic issue: as a problem of social discrimination, where belonging to a group which is statistically discriminated against leads to entrapment in a chain of usurious credit and financial contracts “Usury” and “black credit” are concepts that are no longer unfamiliar to many people in the present era These phenomena are becoming more and more frequent in society Usury is the practice of lending money at extremely high interest rates Black credit is the practice of lending money without the supervision of the state What are the severe penalties for usurious lenders? … In this study, we are about to talk more about these issues Literature Review I What is usury? Is there any difference between official credit from banks or finance companies and usury? 1 What is usury? Usury is the practice of lending money at an interest rate that is deemed excessively high or surpasses the legally allowed rate Unregistered and unregulated credit entities engaged in usurious activities often impose interest rates that far exceed those offered by established banks and financial institutions, leading to exorbitant borrowing costs The definition of what constitutes usury varies from one country or region to another, depending on their unique characteristics and regulations To illustrate, in Vietnam, usury is defined as instances where lenders charge an annual interest rate of 100% or more Borrowers have the advantage of obtaining substantial sums of money quickly and with relatively less emphasis on the actual value of collateral, provided they consent to the steep interest rates 2 Is there any difference between official credit from banks or finance companies and usury? Several fundamental distinctions exist between usury and lending through traditional banks or financial institutions These disparities encompass aspects such as interest rates, procedural protocols, legality, and transparency a Interest rates: The interest rates of banks and financial companies are significantly lower than those of illicit credit companies Banks and credit companies operate under state supervision, so their interest rates must be reasonable and approved by the state, typically ranging from 6- 24% per year In contrast, usurious lending companies charge exorbitantly high-interest rates, often fluctuating between 108-360% per year b Procedures: The procedures for usurious lending by illicit credit companies are extremely streamlined and straightforward They do not require collateral or proof of income, and funds are disbursed immediately or within a few hours This is in stark contrast to the loan procedures at banks To secure a loan from a bank, borrowers must navigate numerous procedures and provide documents to prove income or offer collateral The lower the interest rate, the more complex the loan procedures become c Legality: Borrowing from illicit credit companies lacks legality as it does not operate under state and legal control In contrast, borrowing from banks or financial companies is highly legal due to their regulation by the state and law d Transparency: The information about loan conditions and fees for usurious lending is often not transparent or clearly disclosed on websites or documents Banks or financial companies always have to clearly present the loan conditions, interest rates, service fees, and terms to help borrowers understand before signing a commitment II Why does usury develop strongly in emerging countries? Emerging economies are countries with a higher level of economic development and usually industrialize faster They differ from developing countries in that they no longer rely primarily on agriculture, have made impressive progress in infrastructure and industrial growth, have rising incomes, and are experiencing rapid economic growth There are many factors contributing to the development of usury in emerging countries: A portion of the population cannot access the formal credit market These are cases where borrowers do not have bank assets, have low credit scores, lack collateral, etc This forces them to rely on usurious lenders with high-interest rates Emerging countries are countries with fast-growing economies, so many people tend to invest in the economy to keep up with its development However, not everyone has enough capital to invest, so lenders such as banks will support them However, not everyone can get a bank loan or access a bank to borrow money, and at this time, black credit companies will act as a “bank” to lend them money There are many reasons why borrowers have to resort to black credit companies, such as insufficient credit scores at banks, lack of collateral,… Or even because some people do not have the conditions to access banks For example, in Brazil, the average interest rate in commerce, for installment transactions, increased from 60.10% in March 2013 to 72.73% in January 2021 The revolving credit card interest rate increased from 192.94% in March 2013 to 257.10% in January 2021 These figures show the strong development of usury in Brazil Although the interest rates mentioned are bank interest rates, however, such high interest rates may create favorable conditions for the development of usurious lending activities People’s awareness of the risks of usury is still low Many people in developing countries do not recognize the dangers of usury, and they do not understand the terms in the loan agreement Document continues below Discover more fDriosmtr:ibuted Database Trường Đại học… 23 documents Go to course Relational Calculus 5 None Lab 06 - Subquery- doc 8 None Chuyển đổi số 27 Chuyển 100% (2) đổi số và… AI Application - hay lắm coi đuy 13 Chuyển 100% (1) đổi số và… Trading HUB 3 36 Xác suất 96% (28) thống kê File giáo trình bản pdf HSK 2 8 Giáo trình Despite the economic development, the awareness and vigilancce hoủf tnheghpĩe…ople agai1n0st0% (11) usury is still very low Usury lurks under many forms, one of which is anonymous under the form of fast lending through mobile applications This is a form that can help usury access people very easily, in this measure, the terms in the contract are not clear or deliberately make the borrower misunderstand the contract From there, many individuals will lose their caution and be attracted, trust the black credit lenders These are some of the consequences of usury In Tirunelveli, a district in the state of Tamil Nadu in India, there are many cases of suicide due to the inability to repay usurious loans A family, consisting of parents and two children, self-immolated in an office in Tirunelveli district due to constant harassment by creditors and the lack of action by the authorities to stop them The enforcement of laws to prevent usury has not been effective In some emerging countries, there is no clear definition of the interest rate limit Even if there are laws to combat usurious lending practices, they are not effectively and transparently enforced Moreover, lenders can exploit legal loopholes to evade legal regulations In the article ‘Usury Crimes in Post-Crisis China: The Underlying Economics and Beyond’, the authors discuss three types of illegal usury crimes: student loans that put college students into debt; ‘naked’ loans that target female students and use nude photos as collateral; and ‘formula’ loans that deceive people with valuable assets, such as real estate These forms of lending exploit legal loopholes to evade regulations The consequence of this usury is that borrowers fall into debt, are unable to repay their loans, and may even lose their assets This not only causes difficulties for borrowers but also creates serious social problems Bank/financial company loans cannot meet the needs of businesses Due to the difficult conditions and procedures for borrowing from banks/financial companies, businesses cannot always borrow In urgent situations, businesses must choose between usurious loans or continue to wait for their bank loan applications to be approved, which is extremely difficult In India: According to a World Bank report, small and medium enterprises (SMEs) in developing countries like India often struggle to access capital from banks or financial companies Major reasons include stringent lending conditions, complex procedures, and long waiting times for approval Therefore, many businesses opt for usurious loans to meet urgent financial needs Economic growth and the demand for credit As emerging countries undergo rapid economic and industrial development, the need for borrowing increases China is one of the largest and fastest-growing economies in the world, with a GDP growth rate of 6.1% in 2021 However, China also faces challenges in credit, as commercial banks tend to prioritize lending to large state-owned enterprises over small and medium-sized private enterprises According to a World Bank report, about 65% of SMEs in China do not have access to formal financial services III Consequence of Usury Financial activities always pose great risks to the financial system, affecting social security and individual financial consumers Subjects affected and risks from black credit activities include: 1 Group 1: Banking risks Shadow financial banking (including black credit) is often subject to the same types of financial risks as the commercial banking system but is not strictly controlled Many black credit operations are financed with short-term funds taken from banks and will take huge risks when customers rush to withdraw money massively or customers are unable to pay, crashes involving bank employees 2 Group 2: The risk of violation, abuse and reduction of legal efficiency from black credit is very high, especially without collateral When borrowers fail to pay their debts on time, or become insolvent, they shall be collected, in the form of illegal misappropriation of assets; being "terrorized" in spirit, health, even life-threatening, destabilizing social order and safety In addition to the above consequences, black credit is a type of credit that operates without any specific regulations, is not subject to the management and control and management of state agencies Therefore, when the risk of insolvency occurs, the subjects of black credit handle themselves arbitrarily and illegally Borrowers: Find it difficult to repay the loan due to the high-interest rates Debt trap: Usury can lead to financial instability for borrowers, as they may struggle to repay the loan and end up defaulting This can result in a cycle of debt and financial hardship Financial insecurity: Leading to decreased quality of life and increased stress for borrowers 3 Group 3: towards the units that always earn the “lender” more money, while the borrowing units must commit to repaying the loan in addition to the benefits, whether the loans are for consumption or investment, and whether the loan made a profit or lost money during its investment The institution of interest makes the capitalist and wealthy people greedy and lazy too They earn easy money by advancing their extra money based on interest while doing nothing concrete They remain unconcerned whether the receivers of the loans earn profit or make loss The whole burden lies on the borrower He/she must pay the lender the loan principal plus a fixed percentage as a reward for his/her money This makes the lender lazy and greedy and this is the attitude which hampers the process of development and progress The return on usurious financing is guaranteed and unaffected by the success of the investment, there is no motive for the financier to allocate financial resources to the most cost-effective application This will ensure the financial resource’s survival with the “borrower” as long as he is obligated to pay the interest and provide the required guarantees to the financier This means that the lender is not interested in how the borrower's funds are invested, and co-financing forces the lender to constantly look for better investment opportunities The economic impact of usury therefore affects how resources are allocated and flow to businesses One of the most significant economic effects of usury is the occurrence of economic and financial crises and business cycles, which some economists have linked to usurious financing because usury gives the richest a larger share of the value of the output and impoverishes the masses of consumers who make up the majority of society When consumers are unable to purchase goods, goods accumulate in markets and the economy enters a downturn Economists pointed out that the way commercial banks offer loans to investors does not correlate to the society’s aims that the central bank is working on in another reason for economic cycles Commercial banks boost lending when the economy tends to inflate, exacerbating the problem, and loans decline when the economy tends to contract, perpetuating the problem and not aligning with society’s interests in both circumstances Overall, the negative impacts of black credit outweigh the potential benefits, and individuals should be cautious about engaging in such lending activities It is important to seek out reputable, regulated lenders and to carefully consider the terms of any loan before agreeing to it IV Several case studies of usury all over the world and in Vietnam Practical surveys show that, along with the development of the economy, the demand for loans of people and businesses is increasing, while official credit cannot meet the loan needs of beneficiaries, therefore, black credit activities still exist and become increasingly complicated - Loan sharking group 820%/year in Dalat The group of 11 adolescents went to Da Lat (Lam Dong) to live, find poor and disadvantaged people, offer loans with interest rates of 365% - 820% a year The group set up multiple accounts, created unsecured loan advertising apps, and then advertised them on social media When people need to borrow, Tan's group through Facebook, Zalo, to contact, take a CCCD or go directly to verify and then lend After receiving the money, the borrower pays the service fee and contribution form through the account In case borrowers do not pay interest and principal on time, they will pressure and intimidate From 2022 to now, this group has lent to more than 130 people, over 400 transactions with an amount of about VND 10 billion The average loan interest rate is 365% - 820% a year, the total amount of ill-gotten profits is more than VND 1.6 billion - The foreign tycoon runs 6 heavy loan companies in HCMC According to the police agency, behind 6 companies operating usury with interest rates from 183% to 2,555% per year is a foreign tycoon Through investigation, Maksim Zubkov is the operator of all activities of 6 companies including: Phuc Loc Tho Co., Ltd., Gofingo Co., Ltd., Infobot Company, Infinity Company, Solution Lab Company and Bao Tin Kim Long Company, to lend money through websites The interest rate that these companies lend, the lowest is 183% / year, the highest is up to 2,555% / year Worth mentioning, all 6 companies registered their business lines as pawn services, management consultancy However, they all have the same organizational apparatus, employees work together Companies hiding pawn services, actually organizing illegal consumer credit loans online through websites such as senmo.vn, thantaioi.vn, caydenthan.vn According to the survey, 6 companies have very large-scale operating models, dividing specific tasks such as: advertising, finding customers; loan consultancy, guiding borrowers to manipulate online lending websites; check and verify borrower information; loan approval, debt collection The group of lenders with the lowest interest rate for 1 transaction is 183%/year, the highest for 1 transaction is 2,555%/year (10-128 times higher than the highest lending interest rate in civil transactions in accordance with the provisions of the Civil Code), making illicit profits of more than VND 442 million - Mass black credit default in China It is estimated that China's private credit market accounts for about 10% of GDP The strong development of this market raises concerns about the risk of bad debt outbreak The black credit market is booming the "capital" of small and medium-sized enterprises When individuals or businesses with a lot of cash here want to make more profit by lending to small and medium enterprises at interest rates of 40% a year or more China's central bank says nearly 90% of Wenzhou residents and nearly 60% of businesses there participate in the private credit market When participating in this market, although large profits are obtained, lenders are exposed to high risks For small business owners, they have no choice but to look to private credit for loans despite paying sky-high interest rates Many capital-starved businesses in China unable to access bank loans have turned to private credit markets with annual interest rates of up to 100 percent, more than 15 times higher than the benchmark lending rates imposed by China's central bank Of the 360,000 small and medium-sized enterprises in Wenzhou, 30% have suspended operations or closed so far this year Some bankrupt businesses have had to borrow outside at interest rates of up to 120% per year V Regulations/ Policies to prevent usury activities Having regulations and policies to prevent usury activities is crucial for protecting people from the harmful effects of loan sharking and other predatory lending practices These activities can leave borrowers in a cycle of debt, with high interest rates and fees that they may never be able to fully repay Regulations and policies can help to set limits on interest rates and fees, require lenders to disclose the full terms of a loan, and establish penalties for illegal lending practices They can also provide avenues for borrowers to seek legal recourse if they are subjected to unfair lending practices Without these protections in place, vulnerable individuals and communities may be targeted by unscrupulous lenders who seek to exploit their financial circumstances This can lead to financial instability, stress, and other negative consequences Therefore, it is essential for governments to enact and enforce regulations and policies that prevent usury activities and protect consumers from predatory lending practices 1 Article 468 of the 2015 Civil Code of Vietnam states Interest rate agreed upon by the parties In cases where the parties agree on the interest rate, the interest rate agreed upon shall not exceed 20% per annum of the loan amount, except where otherwise provided by law Based on the actual situation and at the proposal of the Government, the Standing Committee of the National Assembly shall decide to adjust the above-mentioned interest rate limit and report to the National Assembly at its nearest session In cases where the parties agree on the interest rate, the interest rate agreed upon shall not exceed 20% per annum of the loan amount, except where otherwise provided by law Based on the actual situation and at the proposal of the Government, the Standing Committee of the National Assembly shall decide to adjust the abovementioned interest rate limit and report to the National Assembly at its nearest session In cases where the parties agree on repayment of the loan but do not clearly determine the interest rate and there is a dispute over the interest rate, the interest rate shall be determined at 50% of the interest rate limit prescribed in Clause 1 of this Article at the time of repayment 2 Article 201 of the 2015 Criminal Code of Vietnam stipulates Whoever, in a civil transaction, lends money at an interest rate exceeding five times the highest interest rate prescribed in the Civil Code, gains illicit profits from VND 30,000,000 to less than VND 100,000,000 or has been fined for an administrative violation of this act or has been convicted of this offense, not yet having their criminal record cleared, and still commits a violation, shall be fined from VND 50,000,000 to VND 200,000,000 or subjected to non- custodial reform for up to 03 years The offense of illegal personal gain of 100,000,000 VND or more is punishable by a fine of between 200,000,000 VND and 1,000,000,000 VND or imprisonment from 6 months to 3 years The offender may also be subject to a fine ranging from 30,000,000 to 100,000,000 Vietnamese Dong, prohibited from holding a position, practicing a certain profession or doing certain work for a period of 1 to 5 years If lending with an interest rate of 100% or more, it will show signs of committing the "Crime of usury in civil transactions" Conclusion In light of the research questions posed, this study sought to explore and quantify the presence of the black credit The results of this study have consequences for individual investors, financial professionals, regulators, and policymakers Understanding the existence and size of the disposal effect can help investors make better decisions, direct regulatory actions, and shape investment strategies At the end of the day, this research advances behavioral finance and its use in the financial sector Usury credit is a predatory practice that preys on vulnerable individuals It can have a devastating impact on individuals and communities education, regulation, and alternative lending options are all important solutions to this problem Through spreading information, raising awareness, and alerting watchful citizens to criminal tactics, crime can be prevented and stopped The functional sector works to attack and suppress illegal activity and deal with crime-sweeping acts Also, it's important to firmly eradicate other crimes and social evils Each person must simultaneously increase their own level of vigilance and swiftly report any groups or people who exhibit indicators of involvement in repaying loans To address the issue of prevention, it is important to comprehend the obstacle game that some loan payback debtors play Reference Anh Kim (2022, January 14) LuatVietnam https://luatvietnam.vn/tin-phap-luat/quy-dinh-moi-ve-cho-vay-nang-lai-ap-dung-tu- 2022-230-34967-article.html Dongmei Li, Zhe Peng, Kainan Xiong (2019, July 1) Usury Crimes in Post-Crisis China: The Underlying Economics and Beyond Papers SSRN https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3505325 Dr Mohamed Damak (2021, March 15) Banks in emerging markets: 15 countries, three main risks International Banker https://internationalbanker.com/banking/banks-in- emerging-markets-15-countries-three-main-risks/ (2021, December 24) Báo Công an Nhân dân https://cand.com.vn/tai-chinh-40/giao-luu- truc-tuyen-day-lui-tin-dung-den-tang-cuong-tin-dung-chinh-thuc-i639066/ Jonathan Woetzel, Anu Madgavkar, Jeongmin Seong (2018, September 11) McKinsey & Company.https://www.mckinsey.com/featured-insights/innovation-and- growth/Outperformers-high-growth-emerging-economies-and-the-companies-that- propel-them Jennifer Reynolds (2019, November 8) Bizfluent https://bizfluent.com/info-10002682-difference- between-developing-countries-emerging-countries.html Julia Kagan (2022, February 07) Investopedia https://www.investopedia.com/terms/u/usury.asp Ladislau Dowbor (2021, May 10) Human Wrongs Watch https://human-wrongs-watch.net/2021/05/11/usury-as-an-economic-system-in- brazil/ (2019, November 11) Vietnambiz https://vietnambiz.vn/nen-kinh-te-thi-truong-moi-noi- 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(2018, April 23) CADTM https://www.cadtm.org/India-Thriving-Usury-in (2023, October 5) Vietnam Investment Review.https://vir.com.vn/solutions-to-prevent-the-development-of-black-credit- 66410.html More from: Distributed Database Trường Đại học… 23 documents Go to course Relational Calculus 5 Distributed None Database Lab 06 - Subquery- doc None 8 Distributed Database Lab 04 - JOIN - data base None 2 Distributed Database Lab 03 - Function - data base None 2 Distributed Database Recommended for you Chuyển đổi số 27 Chuyển 100% (2) đổi số v… AI Application - hay lắm coi đuy 13 Chuyển 100% (1) đổi số v… Trading HUB 3 36 Xác suất 96% (28) thống kê File giáo trình bản pdf HSK 2 100% (11) 8 Giáo trình ch…