Legal shortcomings in the regulation of future assets used as collateral for the performance of obligations

This study examines legal shortcomings and practical difficulties concerning future assets used as collateral for securing obligations in Vietnam. Employing legal analysis, synthesis, and comparative methods, it reviews the 2015 Civil Code, specialized legislation, international standards, and civil judgment enforcement practices. The findings reveal inconsistencies among existing legal provisions that create significant practical barriers, including increased risks for notaries in the absence of specific verification mechanisms, difficulties in verification, distraint, valuation, and registration during civil judgment enforcement, and the lack of criteria for determining when digital assets are formed and ownership rights arise. The study recommends clarifying notarial responsibilities, supplementing enforcement procedures for future assets, and adopting the concept of “control” from international legal standards to regulate digital assets more effectively.