Last time, we introduced to you what you should do to collect debt in Vietnam. Therefore, the most important thing is finding a Debt recovery law firm in Vietnam which have experiences, trusty and good lawyers. ANS Law – a Vietnam international Law firm.
The business reaches their ideal operating status when they do not have overdue debt and their capital are not misappropriated by other business for a specified time. However, it is difficult to find out which business can achieve this status among hundreds of thousands business in Vietnam, especially when the economic situation is difficult in recent years. It is apparent that debts are an everyday part of the business. If they have outstanding debts, they must take legal action to recover them. Debt recovery is a request for a debtor to pay a due or overdue amount of money or other assets that the debtor has to pay to creditors under a contract or agreement between the creditor and the debtor or under the decision of competent State agencies.
WHY DEBTORS DO NOT PAY THE DEBT?
The most common type of business contract involves the payment of an agreed sum of money to a party in exchange for providing goods or services to another party. Those types of contracts can lead to disputes if the provider of the goods or services does not receive payment from the receiving party. They are unwilling to fulfill payment obligation due to the following reasons:
- One of the parties in the contract is in violation of completing the work;
- One of the parties has confusion, is not satisfied with the quality, quantity, and type of goods of the other party;
- Having difficulties in finance, production and business activities;
- Having the intention of appropriating capital by not paying, using capital for other purposes; and
- Intent to deceive to appropriate property.
Therefore, the receiving party becomes a debtor. Besides, an overdue debt could include a situation where you have not made your payments for a personal loan from a bank or loan company, or a hire-purchase debt.
DEBT RECOVERY IS IMPORTANT
Debt recovery is extremely important. There are three following meanings of it that must be pointed out.
- Debt recovery ensures the purity of finances belong to business and individuals.
- Debt recovery guaranteed business’ profits and individuals’ finances.
- Debt recovery not only decides the survival of business and individuals but also helps business to avoid risk in operations.
The reality in debt recovery shows that many debts seem very clear, but the creditors, sometimes, are unable to prove that they have fulfilled their obligations to debtors before the debt collection right arises. The most common case is that there is no contract agreement relating to the cooperation and purchase between the two parties. Debtor representatives and creditors are familiar people and have a strong belief in each other, so there is no contract or contract that does not comply with legal standards. As a result, business managers must understand how to recover debts in accordance with debt collection rules in Vietnam to run their business effectively while minimizing legal risks for their business.
METHODS TO RECOVER DEBT IN VIETNAM
There are currently two popular methods in Vietnam for collecting and recovering unpaid debts. The first is litigation way, which entails submitting a motion to Court and requesting assistance. However, it is a long and time-consuming process because the Court often expects your company to make an effort to sort out your dispute with the other party, and by the time the Court issues a judgment, debtors have either sold or exchanges their assets to another business, or they’ve declared bankruptcy, leaving creditors with nothing to collect. Taking legal action to reclaim a debt should be a last resort, and often the threat of doing so is enough to make your customers pay you. If business and individuals’ usual way to recovering debt has failed, there are things to consider before beginning the legal process.
The second option is to get assistance from debt collectors or recovery companies, debt collection lawyer,…and most of us are aware that the common action taken by these companies is violence. The presence of illegal, predatory lenders hurts the legitimate lending services as a whole by eroding consumer confidence and increasing public distrust. Those unrighteous will soon have no room to operate in Vietnam, because they are going to be banned in Vietnam as part of local government action to protect customers’ rights, with the upsurge of predatory lending services triggering heated debate and eroding public trust.
In terms of debt collectors and recovery companies, lawyers, consultants, and experts from professional debt collection attorneys in Vietnam are committed to helping clients comply with the debt collection rules which can be complicated and difficult. Vietnamese law makes it illegal for third-party debt collectors who are authorized by creditors to violate or use unfair or disloyal tricks to recover debt from debtors. The Vietnamese law also prohibits debt collectors from participating in various forms of harassment, fraud, or threats, such as suggesting that they can arrest the debtors until the debt is paid off.
Debt recovery through these companies has the following benefits:
- The work is done by professionally trained lawyers who are well-experiences, operating on the basis of the law;
- Time-saving; business and individuals can avoid troublesome procedures, also shorten debt time;
- Business and individuals can handle difficult cases such as debtors relocated/moved headquarters or hidden;
- Business and individuals can be consulted about management, preventing bad debts arising;
- Fees for legal services when needed can be reduced or exempted;
- Improving the reputation and professionalism of the business itself;
- Maintaining the respect, prestige and honor of the business; and
- Keeping the relationship and creating respect from the partner.
With the advantage of skillful, experienced staff understanding the business environment, those debt recovery law firm always offers the best solutions in guiding clients in the legal system in Vietnam.
As can be seen, debt recovery and debt recovery services are activities allowed by the law to be performed but must be on the basis of full compliance with current law provisions. That is a condition to limit behaviors from debt recovery services. In addition, the current reality also requires the need to continue to have stricter sanctions and regulations for violations in illegal debt collection, to improve the quality of debt recovery services and avoid unfortunate incidents
Re-commencement of limitation period for initiating legal action
If the limitation period has expired but it is one of the cases specified in Article 157 of the 2015 Civil Code, the lender still has the right to re-commence initiating legal action to reclaim the loaned property. Cases of re-commencement of limitation period for initiating legal action for debt collection include:
– In the case, the obligor has acknowledged part or all of its obligations to the plaintiff;
– In the case, the obligor has acknowledged or fulfilled part of its obligations to the plaintiff;
– In the case, the parties have become reconciled.
The limitation period for initiating legal action for debt collection will recommence from the day following the date happening the event in the above cases.
Non-applicability of limitation period
Vietnamese Civil code 2015 regulates cases in which the limitation period is non-applicable, these are:
– The limitation period is non-applicable when request for the protection of personal rights not associated with property;
– The limitation period is non-applicable when request for the protection of ownership rights, unless otherwise provided by this Code or relevant laws.
– The limitation period is non-applicable when dispute over land use right as prescribed in the Law on land;
– And other cases as provided by law.
Thus, Vietnam law has specific provisions on the limitation period for initiating litigation of a debt collection action and the exceptions in which the limitation period can be changed. The limitation period plays an important role because at the end of this time, the lender will no longer be able to file a suit for debt collection.
Bases on which the lender litigates for debt recovery
If the borrower (debtor) violates the obligation of refund, the lender has the right to file a suit with the People’s Court of districts where the defendant is residing or working, applicable to defendants being individuals, or where the defendants are headquartered, applicable to defendants being agencies or organizations.
– As regulation above, the lender has the right to request the borrower or debtor to pay the outstanding amount, and if the parties (lender and debtor) have a legal agreement on an interest rate recognized, the lender may request debtor to pay interest on the corresponding loan.
– If the debtor does not repay the loan, it means that he/she has violated his/her obligations. The lender can file a suit to the People’s Court of districts where the debtor is residing to request performance of repayment debt obligations.
– When filing a lawsuit petition, the lender may attach a bank transfer paper as a base to prove, whether or not proving the existence of the property loan contract depends on the testimony of the parties. You can also gather some additional evidence to support your claim.
Why chose ANS Law ?
ANS Law a Vietnam international Law firm. Our firm is focused on our clients’ demands for an exceptional legal service model that provides value. We understand that, for clients, value is not a mere hourly rate comparison
Our lawyers have acted on, and advised on, some of debt collection in Vietnam