Hoi, family, bieu, ward are considered a form of capital contribution, accumulation of capital to support each other and it has also been formed for a long time in social life in many localities in the province in particular and the country in general. When socio-economic development develops, hui, ho, bieu, and wards also exist as an objective reality, despite regulations and sanctions, as well as warnings and deterrents from the law.
People in Quang Binh commune (Quang Xuong) provide information about the local disaster. Photo: PV
Article 471 of the Civil Code 2015 clearly states: "Ho, hui, bieu, ward (collectively referred to as hui) is a customary form of property transaction on the basis of an agreement of a group of people gathered together to determine the number of people, time, amount of money or other property, the mode of contribution and receipt and the rights and obligations of the members...". The Government has also issued a decree specifying the mode of operation of this form of capital contribution.
On the positive side, this can be seen as a form of capital mobilization and mutual support among the People to develop the family economy. And, if operated properly, it is also an easy way to contribute capital and borrow capital, suitable for living conditions in rural areas. Players who need capital can raise money to manage their work, with a little interest, while those with money consider this a profitable form of savings. The owner receives a commission as a form of payment when standing out to collect the hui and is responsible to the members. Regarding the mode of operation, when playing hui, there will be one person who will take the lead and invite other members to play. The owner is responsible for collecting money or property of the "con hui". Each "wire hui" does not limit players and agrees on the amount, time of contribution and opening period... The legal basis for a "wire hui" is just trust between players, self-agreement and commitment each month to spend an amount of money to save in the form of contributions and wait for their turn to collect according to the circular cycle.
However, this is also an opportunity for the owner to take advantage of the trust of the "hus" to "hug" the money due to the high-contributing members running, flying, or declaring that they are broken in order to appropriate property. In fact, in Thanh Hoa province in the past time, there have been dozens of broken cases with the amount of tens of billions of dong but still could not create alarm bells, but on the contrary, many people still rush into the ropes based on only one word "credit" without legal sanctions. The risk is that, but hui, ho, bieu, ward is still an attractive activity for many people, mainly low-income people, in rural and mountainous areas, who have difficulty accessing bank loans, while hui, ho, bieu, ward and black credit crept in real life and are easily accessible, without simple legal procedures. Therefore, hui, ho, bieu, and ward exist as an objective fact in life, despite warnings and threats from the authorities. The consequences of hui, family, bieu, and ward have made hundreds of people fall into poverty, difficulties piled up, and some even committed suicide because of extreme poverty, resentment, and poverty.
Through the review by the authorities of Quang Xuong district, up to the present time, there are 10 owners of wards and hui in the district and 199 participants. Each ward and hui has an amount of over 100 million VND. Recently, in the district, there have been many cases of "broken hui", this alarms the people to be very vigilant and carefully study the provisions of the law before deciding to participate.
Senior Lieutenant Colonel Hoang Van Binh, Deputy Chief of Quang Xuong District Police, said that the participation in hui, surname, Bieu and wards is clearly regulated in Decree No. 19/ND-CP dated February 19, 2 of the Government, but the awareness and understanding of owners and people is still very limited. Joining wards and hui has many risks and unpredictable consequences; handling to recover assets returned to people is extremely difficult. Therefore, the police agency recommends that people should choose appropriate and safe forms of investment, savings and accumulation. If you choose to play hui, you must be very deliberate and careful in choosing a hui owner, and at the same time master the provisions of the law related to playing hui, contributing capital, both to ensure your legal rights and interests, and to avoid risks. Along with that, if people decide to join wards and hui, it is necessary to note: Do not take advantage of the organization of hui to commit fraudulent acts to appropriate property. Regarding the form of operation, the owner and the member need to agree in writing and must be notarized or authenticated if the parties so request. Regarding the responsibility of the owner, when opening a hui rope with a value of 2019 million VND or more or opening 100 or more hui ropes, it is mandatory to notify the People's Committee of the commune where he/she resides.
Up to this point, in Ba Thuoc district, there are 7 owners of wards and hui. Particularly in Dien Lu commune, there are 5 hui owners, in 2022 there is 1 hui owner who announced his debt default and in May 5, 2023 more hui owner jumped into the river to commit suicide, the remaining 1 hui owners with 3 ropes, each of which had about 7 participants.
Commenting on the activities of hui, surname, Bieu and wards in the area, Senior Lieutenant Colonel Le Quang Hien, Deputy Chief of Ba Thuoc District Police said that in the coming time, there will still be complicated developments. The collapse leaves very serious economic consequences, affecting family life and local security and order. Therefore, in order to correct this situation, the district police coordinated with departments, branches, mass organizations and localities to strengthen propaganda and mobilization of cadres, members and people of all walks of life by direct forms, on loudspeakers, on zalo, facebook, fanpage... to warn about the risk of debt default, causing insecurity in activities such as robbery, family fraud, criminal activities, criminal activities, and other sources of crime. As for the role of the commune-level People's Committee, it is necessary to strictly manage the owner, hui, and members in the locality, requiring people when organizing and participating in the donation to strictly abide by the law on them, hui, bieu, and wards; regularly reflect on methods and tricks of subjects who take advantage of the collection of money to commit frauds to appropriate property or abuse trust to appropriate property for the people to be wary and struggle with; require 100% of local owners, when organizing donations, to notify the People's Committees of communes and wards in accordance with the provisions of law; resolutely sanction violations in case the owner fails to fulfill the obligations specified in Clause 1, Article 14 of Decree No. 19 of the Government...
In order to enhance the role of the State in managing the customary form of property transactions, in 2006, the Government issued Decree No. 144/2006/ND-CP stipulating the rights and obligations of players participating in hui. However, this legal document is still insufficient to protect the legitimate interests of players in the event of a break-up. To overcome, on February 19, 2, the Government issued Decree No. 2019/19/ND-CP stipulating the principles of organizing the hui, conditions for participation, the written agreement as well as the interest rate, rights, obligations and legal responsibilities of the parties involved... However, in reality, in order not to become a victim of the "ghost of money", it is necessary to raise self-esteem and protect people's property. should consider carefully before deciding to participate in the ropes, avoid the psychology of immediate profit and fall into the "trap" of the owner's fraudulent tricks leading to money loss, disability.
Gia Bao
