What is debt collection? The significance of the debt recovery for individuals and enterprises? What is the opinion of lawyers specializing in dispute resolution in commercial and civil cases, in the competent Court or at the Centre for International Commercial Arbitration? How is an enterprise specializing in debt recovery problems?
DEBT COLLECTION SERVICES AND ITS METAMORPHISM
Update: 20/11/2018 | 9:03:35 PM - Dragon Law Firm
This kind of issue is not new in practice of Vietnam society nowadays. The good lawyers in Hanoi, Vietnam, Dragon Law firm will help you to resolve this problem if needed. Dragon Law Firm has a lot of excellent lawyers in this law field.
The good lawyers in Hanoi, Vietnam, Dragon Law firm will help you to resolve this problem if needed.
Dragon Law Firm has a lot of excellent lawyers in this law field.
Now, when it comes to the debtor's delay, some creditors have required a debt collection service, but the use of debt recovery services has gone down a lot, seriously affecting the social order as well as serious impact on the lives of the debtors. According to a survey of the Chamber of Commerce and Industry of Vietnam, the rate of enterprises renting debt collection service is up to 90% efficiency. Meanwhile, if the lawsuit is brought to the court and debt collection through the enforcement agencies, the efficiency is only about 50%. However, what has been happening in this service indicates another danger to the social order.
Debt collection in "Mafia style"
In the South, especially in the provinces and cities with economic development such as Ho Chi Minh City, Dong Nai, Binh Duong, BRVT, Can Tho ... debt recovery service flooded with the service fee for debt collection from 20% ( for debts of 3-5 billion VND) to 45% (with debts under 50 million VND).
The state has many regulations related to debt collection services. In particular, prohibited actions are acts of infringement of the life, health, dignity, honor, personal freedom, property rights and other civil rights of debtors, creditors and organizations. , other related individuals.
However, this prohibited behavior is a solution to debt collection in a effectively way and is applied by many individuals. Typically, according to HCM City police, it was the case of Mr. P.X.Đ (living in District 7) borrowing 900 million VND to do business but it was difficult for him to pay the interest and principal. The creditor has hired a group of debt collectors cum "black credit" activities to recover, led by Ngo Van Phuc.
On May 5th,2018, Phuc and his "brothers" arrested and beat the victim on the car, asked to write a debt of nearly billion. In addition, they also ordered, within 3 days to pay enough, otherwise will take the victim's family network (now the police have caught Phuc).
Not only in Ho Chi Minh City, Dong Nai also has debt collection service applying "forest law" causing public opinion poll. Specifically, in June 2018, Mr. T.V.D. (living in Dai Phuoc Commune, Nhon Trach District, Dong Nai Province) was taken away by a group of 4 young people who "kidnapped" him to the car to force him to pay 300 million dong. In Bien Hoa City, from the beginning of the year, authorities have been reporting about seven "terrorist" leases, not just the mental also body the body of the debtor. .
In Binh Duong, at the end of July, the police in Di An town arrested three people to investigate the act of "illegally arresting" and " property taken". Because this group, after not claiming the debt, came back to kidnap the debtors.
The Metamorphism of debt collection company
Not only individuals, even the banks also rent the company to provide debt collection service but do not expect other consequences due to "the metamorphism" of this service. For example, in Dong Nai province, Thinh Vuong branch of Vietnam Commercial Joint Stock Bank (VPBank) authorized Thien Ha debt collection service limited company (Thien Ha company located in Ho Chi Minh City) on behalf of it withdrawing VND 54 million of Mr. NTT (Bien Hoa - Dong Nai) overdue debt.
In June 2018, the people came to collect the debt was not Thien Ha Company, but a group of people named "Thien Long debt collection" spread and posted dozens of leaflets printed with Mr. Tinh's images on the same date, year of birth, ID card, name the relatives ... spread the rumors around the street they live; spray painted red door in front of the words threatening the lives of debtors.
In the case of the complexities of debt collection services, the Ministry of Finance has just released a draft decree amending and supplementing some articles on debt collection services. Remarkably, in this draft, the Finance Ministry proposed, the debt collectors must wear clothes, wear the staff card and produce a letter of introduction of the debt collection business service when working directly with debtors or with other organizations and individuals concerned ....
However, according to many experts, the above dress is still not on the nature of the problem.
Evidence, on the website of Debt Collection companies, debt collection services "seems" to comply with regulations, organized properly, uniformly. Many companies also promote the team to collect debt school law school, even lawyers, legal experts, etc.
The reality is different. Typically, by the end of the year 2017, the Can Tho authorities have fined an administrative A debt collection company in Ho Chi Minh City. the reason is employees of the company came down to Cần Thơ claim over 5.5 billion for another enterprise, but do not fully implement the regulations on security management, order Conditional business lines. Dress? This group of people when going to the police office is dressed in courtesy, but when the do the debt collection, they took off the coat to frighten the debtors.
For further discussion, please contact our Firm by these information:
Dragon Law Firm - 1900. 599.979
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