EFFECTIVE DEBT RECOVERY SERVICE

Van Phuc Loc Law Firm has more than 10 years of experience in debt collection for businesses and individuals.

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ARE YOU HAVING A HEADACHE WHEN COLLECTING DEBT?

The debtor does not cooperate

For many reasons, the debtor does not cooperate such as: Inability to repay debt, unwillingness to repay debt, unwillingness to face creditors, not understanding the legal risks of debt.

The debtor evades

Some debtors may evade creditors by changing addresses, phone numbers, or even running away.

Lack of legal basis

In some cases, creditors may face difficulties in collecting debts due to a lack of legal basis. For example, the parties only agree orally, without papers.

Lack of experience and legal knowledge

Many creditors do not have the experience and legal knowledge of debt collection. This can make the debt collection process more difficult and expensive.

Unauthorized debt collection

Many creditors have confiscated the debtor’s assets on their own to pay off debts or hired illegal rental debt collection services, causing injury to the debtor, leading to the creditor being criminally prosecuted for forfeiture of property, intentional injury, etc.

STAGES OF DEBT COLLECTION IN VIET NAM

The law does not have separate regulations on the order of debt collection but is still the same as the usual types of paintings as prescribed in the civil code, commercial business law, etc. In general, the provisions of the law still have many obstacles and inadequacies, making it very difficult for creditors to collect debts. Many times when the debt is lost, the creditor becomes entangled in jail. Below, VPL offers a debt recovery process that combines negotiation and the use of legal tools to collect debts legally, quickly and effectively.

Stage 1: Classification of debtors

Enterprises should classify debtors into two groups: Important debtors and debtors that can terminate cooperation. The classification of debtors is an important step for enterprises to effectively manage debts. At the same time, it helps enterprises determine the importance of each debtor, thereby offering appropriate handling measures.

For important debtors, enterprises need to keep a good relationship, and at the same time find out the reasons why debtors are late in paying debts. From there, enterprises can offer appropriate solutions to support debtors to pay debts on time.

For the group of debtors who can terminate cooperation, enterprises need to be tougher in debt collection.

Stage 2: Selection of debt collectors

First, enterprises should choose someone who is directly interacting with the debtor before collecting debts. This person has the advantage of understanding the debt and understanding the debtor. From there, they can choose the right approach to persuade the debtor to repay the debt.

For customers who are not willing to pay debts, enterprises transfer debt documents to specialized debt collection departments or hire law firms. The law has prohibited rental debt collection services, so enterprises do not use the services of rental debt collection companies of a gangster nature to avoid legal risks.

Stage 3: Negotiations

To save time and costs, businesses should do well in the negotiation stage to settle the debt. Here are the steps businesses need to take in the negotiation and negotiation stage.

  1. Negotiation preparation: Research and evaluate documents, find out the debtor’s situation in terms of financial situation, business activities, assets. Set negotiation goals: Enterprises need to clearly define the objectives of the negotiation, such as recovery of the entire debt, recovery of part of the debt, interest, fines for violations …
  2. Contact the debtor: Make phone calls, send texts, emails to make an appointment directly with the debtor. Create sympathy with the debtor: Negotiators need to show a professional attitude and goodwill to create sympathy with the debtor.
  3. Visitation: Gentle reminder and sympathy for debtors’ delays. Businesses can extend specific payment periods.
  4. Reminder: The enterprise requires the debtor to cooperate to settle the debt by negotiation method. However, enterprises should still show goodwill and trust that the debtor will fulfill payment obligations.
  5. Negotiation: Enterprises need to use negotiation skills to persuade the debtor to repay the debt.
  6. Agreement signing stage: If the negotiation is successful, the enterprise and the debtor will sign an agreement on the debt. This agreement needs to be in writing and contain all necessary contents.

Stage 4: Dispute Resolution

If the parties fail to reach the negotiated results, the creditor may apply dispute settlement measures, such as mediation centers, arbitration centers, initiating lawsuits in court according to the previous agreement of the parties.

Stage 5: Execution Request

The creditor submits a dossier requesting the civil judgment enforcement agency to enforce the arbitral award, decision or court judgment to recover the debt.

WHY CHOOSE VPL?

Expertise and experience

VPL’s lawyers are highly qualified and experienced in the field of debt collection. A lawyer will help you collect your debt efficiently and lawfully.

Save time

Debt collection goes through many stages over a long period of time, making you tired of letting go of the debt. The ability of VPL will help shorten the resolution time.

Reasonable cost

VPL always understands that debt collection is something no one wants. Therefore, VPL always considers making the most reasonable fee for customers.

Keep good relations with customers

VPL will represent you to work with debtors and competent authorities. Saves you from having to face the debtor yourself. VPL always strives to keep your profile information confidential so as not to affect your business operations.

Prestige and dedication

With 10 years of providing services, VPL is always highly appreciated by customers for the dedication and professionalism of lawyers in the process of providing debt recovery services.

There is a wide selection of services

Depending on your needs, you can choose from a number of services provided by VPL: negotiation and negotiation, debt reminder notice of lawyers, lawsuits, judgment enforcement requests…

SERVICE FEE QUOTE

The debt recovery service fee is calculated based on many factors: where the debtor is, whether the debt is clear, whether there are legal documents, the attitude of the debtor, the financial ability of the debtor. Below VPL offers the most general report for customers’ reference. Note that VPL will quote accurate prices for each customer’s specific profile. The debt recovery service fee consists of 2 items: (1) lawyer’s remuneration is a fixed fee payable by customers; (2) Rewards for successful debt collection.

(1). LAWYER REMUNERATION

Giai đoạn công việc Job Description Thù lao
Giai đoạn đàm phán VPL represents the debtor, conducting negotiations on the payment of the debt. In case the debtor does not cooperate in negotiating, the lawyer shall issue a written reminder of the debt. Từ 10 triệu đồng
Giai đoạn xét xử sơ thầm VPL receives an authorized representative to participate in the settlement on behalf of the client during the first-instance proceedin Từ 20 triệu đồng
Giai đoạn xét xử phúc thẩm (nếu có) If one of the parties appeals the first instance judgment, VPL represents the client in the appellate proceedings. Từ 10 triệu đồng
Giai đoạn thi hành án VPL receives an authorized representative on behalf of the client to request the civil judgment enforcement agency to carry out the execution of the decision or judgment. Từ 20 triệu đồng

(2).  REWARDS FOR SUCCESSFUL DEBT COLLECTION

Rewards for successful debt collection are calculated as a percentage of the debt paid by the debtor to the client. Customers only pay VPL upon receipt of payment from the debtor.

  • Debt from 200 million dongs or more: Successful bonus is 15% of the amount recovered.
  • Debt from one billion dongs or more: Successful bonus is 8%-14% of the amount recovered.
  • Debt from three billion dongs or more: Successful bonus is 3%-7% of the amount recovered.

OUR CLIENTS

MAKING ARRANGEMENT WITH VPL

  • A phone call and email from the VPL Legal Department.
  • A Non-disclosure agreement for your information provided.
  • An appointment with VPL lawyers.
  • The right solutions for your business
Or Contact Via Hotline 0247 650 7999



    FREQUENTLY ASKED QUESTIONS

     

    Learn about debt recovery

    Debt recovery is a creditor’s request to a debtor to make payment of other amounts and assets when payment is due or overdue according to the agreement/contract between the creditor and the debtor, or according to the decision of a competent state agency.

    The effective debt recovery process usually includes the following steps:

    Step 1: Collect information: Creditors need to collect full information about debtors, including personal/organizational information, contact information, financial information,…

    Step 2: Send a debt reminder notice: Creditors need to send debt reminder notices to debtors periodically, with clear and accurate content about the debt and payment terms.

    Step 3: Negotiation: If the debtor fails to pay, the creditor can negotiate with the debtor to agree on the time limit and method of payment.

    Step 3: Take legal measures: If the debtor still fails to pay, the creditor can take legal measures to recover the debt, such as initiating lawsuits, requesting judgment enforcement,…

    The debt collection procedure does not have a specific time. Depending on each specific case, depending on the goodwill between the two parties, the debtor’s ability to repay the debt,… then the debt collection time will be different. If the debtor is willing to repay the debt, the time to carry out debt collection procedures may only last a few weeks or months. If the debtor deliberately evades or fails to pay the debt, the time for carrying out debt collection procedures may last several months or even years.

    The specific debt collection fee will depend on many factors, including:

    • Debt value: The debt collection fee is usually higher for large debts.
    • Debt status: The debt collection fee is usually higher for bad debts and bad debts.
    • Debt recovery method: The debt collection fee is usually higher for complicated, time-consuming and labor-intensive debt collection methods.

    The debt recovery settlement agency depends on the debt collection method chosen by the creditor.

    • If the creditor chooses the method of debt recovery by negotiation or conciliation, the debtor and creditor shall settle themselves with each other
    • If the creditor chooses the method of debt recovery by initiating a lawsuit to the Court, the agency to settle the debt recovery is the Court.

    It is possible to authorize someone else to collect household debts. According to the provisions of Article 562 of the 2015 Civil Code, the authorized party may authorize the authorized party to perform tasks on behalf of the principal and receive remuneration if agreed upon or otherwise provided for by law.

    • The power of attorney for debt collection must be made in writing and signed by the principal.
    • Power of attorney for debt collection can be notarized or authenticated to ensure legality.
    • The authorized party needs to provide sufficient information and documents related to the debt to the authorized party so that the authorized party can perform debt recovery works effectively.

    .

    • Creditors can save time and effort on debt collection.
    • Creditors can rest assured when entrusting debt recovery to authorized parties with expertise and experience.
    • Creditors can increase the likelihood of successful debt collection.

    When debtors fail to pay or are unable to pay, creditors can apply a number of methods to collect bad debts, such as:

    • Debt relief: Creditors can reduce part of the debt to the debtor, but this needs to be done legally and with the consent of both parties.
    • Debt sale: Creditors can sell debts to debt collection companies, or to third parties wishing to buy debts.
    •  Hire debt collection services: Creditors can hire a professional debt collection company to perform debt collection.
    • Lawsuit: Creditors can initiate lawsuits against debtors to request the Court to settle the dispute.
    • Declaring Bankruptcy: The creditor can ask the Court to declare the debtor bankrupt, if the debtor is unable to pay the debts due.

    Some necessary documents in the debt recovery dossier such as: The Loan Contract, invoice, payment receipt, contact information of the debtor. In addition, depending on each specific case, the debt recovery dossier may include a number of other documents, such as documents proving the debtor’s financial ability, documents proving the debtor’s intentional evasion or non-payment,..

    Depending on each specific case, there are different ways to collect debts. However, in general, creditors need to prepare carefully and take steps to collect debts scientifically and reasonably to achieve the highest efficiency.

    Legal measures should only be used when negotiation measures are unsuccessful. The use of legal remedies should be carefully considered to avoid affecting the relationship between creditors and creditors.

    Professional debt collection services can help creditors collect debts more quickly and efficiently. However, the cost of using this service is usually quite high.

    To avoid risks when collecting debts, creditors should pay attention to the following issues:

    • Comply with legal regulations
    • Work with debtors in good faith;
    • Consult a lawyer

    For individual customers, creditors can apply the following methods of debt collection:

    • Send debt reminder notices by phone, text, email,…
    • Meet and exchange directly with customers
    • Call for the help of family, friends, colleagues of customers
    • Take legal measures such as initiating lawsuits, requesting execution of judgments,…

    For corporate customers, creditors can apply the following debt collection methods:

    • Send a debt reminder to the address of the customer’s head office or branch
    • Meet and discuss directly with the representative of the customer
    • Find out information about customers’ assets to take security and margin measures,…
    • Take legal measures such as initiating lawsuits, requesting execution of judgments,…

    Penalties for violations

    Creditors often apply illegal debt collection measures to pressure, threaten, intimidate, beat,… debtors in order to recover debts. These acts can cause creditors to be administratively handled by competent authorities, and may even be subject to criminal penalties.

    Creditors can combine other sanctions such as applying security measures, enforcement measures, fines for violations, claiming compensation for damages, demanding interest payments, etc. when collecting debts.

    IRC adjustment experience

    There are many difficulties when the company collects debts on its own such as lack of experience and expertise, lack of time, legal risks, difficulties in negotiating with debtors, difficulties in implementing enforcement measures,…

    • Prepare all relevant documents: A debt recovery dossier should include all documents related to the debt, including: the loan contract, invoice, payment receipt, contact information of the debtor,…
    • Check the accuracy of documents: Debt collection documents should be checked thoroughly to ensure accuracy, completeness and validity.
    • Scientific dossiers: Debt collection dossiers need to be arranged scientifically in chronological order and type of papers,… for convenience of archiving and lookup.

    When collecting debts, creditors should pay attention to the following issues:

    • Careful preparation: Creditors need to collect full information about debtors and make a specific debt recovery plan.
    • Work with debtors in good faith: Creditors need to remain polite, respectful and cooperative with debtors.
    • Proper application of legal provisions: Creditors need to collect debts in accordance with the provisions of law to avoid risks.

    To avoid violating the law when collecting debts, creditors or authorized parties should pay attention to the following provisions:

    • Debts can only be collected within the scope of established debts.
    • Do not use illegal debt collection measures.
    • Respect debtors, do not offend the honor and dignity of debtors

    Debt recovery is a process that requires a lot of skill and experience. In order to collect debts effectively, companies need to note some experiences such as thorough preparation before debt collection, quick and resolute debt collection, choosing appropriate forms of debt collection, using professional debt collection services,…

    • Communication skills: It takes good communication skills to be able to persuade the debtor to repay the debt.
    • Situational handling skills: It is necessary to have good situational handling skills to be able to solve situations arising during the debt collection process.
    • Negotiation skills: It takes good negotiation skills to be able to negotiate with debtors to reach a repayment agreement.

    Learn about VPL’s adjustment service

    VPL has a team of experienced lawyers and experts who can communicate and consult directly in languages such as English, Chinese, Korean,….

    Within 12 working hours after receiving the service quotation request, VPL will send the service quotation proposal to the information you register (except holidays, Tet holidays and Saturday, Sunday).

    VPL is committed to providing reputable and quality debt recovery services with reasonable prices and fast time. With its experience, VPL confidently affirms the brand, as well as the value that VPL brings, will make customers satisfied.

    VPL provides debt recovery services. Customers only need to provide necessary documents and information, VPL will prepare documents, perform package services until customers recover debts.

    For debt recovery service, when using VPL’s services, customers must pay a fixed service fee immediately after the two parties sign the Legal Service Contract.

    Depending on each specific case, the debt collection time will vary. VPL is committed to providing fast and effective debt recovery services.

    When customers use VPL’s services, VPL will issue invoices and full documents in accordance with the Law on Tax Administration.

    When using VPL’s services, there will be a team of experienced lawyers and experts working on behalf of customers, explaining and supplementing documents and documents at the request of competent authorities. Customers only need to prepare documents as required and receive handover results from VPL.