BUSINESS CONDITIONS FOR DEBT COLLECTION SERVICES
1. General security and order conditions
- A business establishment must be registered, licensed or established under the law of Vietnam.
- The person in charge of security and order of a business establishment must not be one of the following subjects:
+ A person has been criminally prosecuted and being under the investigation, prosecution or adjudication by a Vietnamese or foreign procedural body.
+ A person has a criminal record on infringing upon the national security or deliberate commission of a crime liable to a prison term of 03 years or more which has not yet been expunged; or is suspended from serving a prison sentence; or is serving a non-custodial rehabilitation; or is under the mandatory supervision, or the prohibition from residence or holding certain position or running a business sector subject to security and order conditions upon the court’s decision.
+ A person is liable to the compulsory educational measures at the community; is waiting for a decision on imposition of an administrative penalty granted; is addicted to drug; is suspended from the compliance with a decision on serving a sentence in correctional institution or rehabilitation center; or has faced an administrative penalty but the period for being considered as not yet facing an administrative penalty is not satisfactory as regulated;
+ Vietnamese people who hold foreign passport and reside abroad, and foreigners, who is not permitted by a competent authority of Vietnam to stay in Vietnam.
- Conditions on fire prevention and fighting have been satisfied as referred to by the law on fire prevention and fighting.
- The person in charge of security and order of a business establishment providing debt collection service must have at least 05 years of registered permanent residence at the urban (or suburban) district/ district-level town/ provincial city where the business location is registered, and within 05 years preceding the business registration date, has not faced any administrative penalty for any of the following violations: resistance of law enforcement officers, disturbance of public order, deliberate infliction of injuries, usury, gambling, organization of gambling or gambling-dens, or insults to another person.
2. Responsibilities of debt collection providers
- Select and use employees who must have no criminal record on murder, disturbance of public order, deliberate infliction of bodily harm, insults to another person and offences against rights of property.
- Only provide debt collection service within the scope permitted by the law and through authorization contracts signed with creditors.
- Within 03 days before executing a debt collection contract, the debt collection service provider must give a written notice to the police authority of commune/ward/district-level town where the debt is collected.
- When collecting debts, it’s prohibited from use of violence or threat of violence and use of facilities that cause influence on public order.
- It’s not allowed to use persons who are not employees of the debt collection service provider to collect debts.
* Decree No. 96/2016/ND-CP providing for security and order conditions for a number of conditional business sectors
See in vietnamese: Điều kiện kinh doanh dịch vụ đòi nợ
- A business establishment must be registered, licensed or established under the law of Vietnam.
- The person in charge of security and order of a business establishment must not be one of the following subjects:
+ A person has been criminally prosecuted and being under the investigation, prosecution or adjudication by a Vietnamese or foreign procedural body.
+ A person has a criminal record on infringing upon the national security or deliberate commission of a crime liable to a prison term of 03 years or more which has not yet been expunged; or is suspended from serving a prison sentence; or is serving a non-custodial rehabilitation; or is under the mandatory supervision, or the prohibition from residence or holding certain position or running a business sector subject to security and order conditions upon the court’s decision.
+ A person is liable to the compulsory educational measures at the community; is waiting for a decision on imposition of an administrative penalty granted; is addicted to drug; is suspended from the compliance with a decision on serving a sentence in correctional institution or rehabilitation center; or has faced an administrative penalty but the period for being considered as not yet facing an administrative penalty is not satisfactory as regulated;
+ Vietnamese people who hold foreign passport and reside abroad, and foreigners, who is not permitted by a competent authority of Vietnam to stay in Vietnam.
- Conditions on fire prevention and fighting have been satisfied as referred to by the law on fire prevention and fighting.
- The person in charge of security and order of a business establishment providing debt collection service must have at least 05 years of registered permanent residence at the urban (or suburban) district/ district-level town/ provincial city where the business location is registered, and within 05 years preceding the business registration date, has not faced any administrative penalty for any of the following violations: resistance of law enforcement officers, disturbance of public order, deliberate infliction of injuries, usury, gambling, organization of gambling or gambling-dens, or insults to another person.
2. Responsibilities of debt collection providers
- Select and use employees who must have no criminal record on murder, disturbance of public order, deliberate infliction of bodily harm, insults to another person and offences against rights of property.
- Only provide debt collection service within the scope permitted by the law and through authorization contracts signed with creditors.
- Within 03 days before executing a debt collection contract, the debt collection service provider must give a written notice to the police authority of commune/ward/district-level town where the debt is collected.
- When collecting debts, it’s prohibited from use of violence or threat of violence and use of facilities that cause influence on public order.
- It’s not allowed to use persons who are not employees of the debt collection service provider to collect debts.
* Decree No. 96/2016/ND-CP providing for security and order conditions for a number of conditional business sectors
See in vietnamese: Điều kiện kinh doanh dịch vụ đòi nợ
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