In Vietnam, mortgage over receivables (a type of mortgage in which a person pledges the right to receive payment from a debtor as security for a loan) does not require consent from the debtor, but the debtor must be notified by the secured party (the lender). According to Article 33 of Decree 21/2021, this notification requirement may be a requirement for creating a mortgage over receivables, but it is unclear whether failing to comply with this requirement would render the mortgage ineffective. However, Article 54.2 of Decree 21 states that the secured party has the right to request payment from the debtor and the debtor can request proof of the secured party's rights, rather than being able to refuse to pay. Additionally, enforcement of a mortgage over receivables may involve a transfer of the right to request payment from the secured party to the lender, and under Article 369.1 of the Civil Code 2015, the debtor can refuse to pay the transferee if they have not received notice of the transfer and the transferee has not proven the authenticity of the transfer. If the debtor has not settled the relevant receivable and the mortgage is enforced, the secured party may be entitled to payment as long as they can prove the transfer.
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