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Strengthening supervision of debt collection services

10:33 | 24/10/2016

VCN- The Ministry of Finance has completed a draft Decree to replace Government Decree No. 104/2007/ ND-CP on debt collection services, and has asked for feedback widely.

tang cuong su giam sat cua toan xa hoi doi voi hoat dong dich vu doi no Tax exemption procedures for declarations of importing materials for exporting products before September 1, 2016
tang cuong su giam sat cua toan xa hoi doi voi hoat dong dich vu doi no Closely supervise the debts for fully recoveringthebudget
tang cuong su giam sat cua toan xa hoi doi voi hoat dong dich vu doi no Increased tax debts due to traders’ difficulties
tang cuong su giam sat cua toan xa hoi doi voi hoat dong dich vu doi no
Some enterprises in the field of debt collection services operate like "gangsters".

No profit

Regarding debt collection services in recent times, according to reports from 43 provinces and cities, by the end of 2015, Vietnam had 3 provinces and cities with debt collection services which were actively operated.

Specifically, HCM City has issued a security certificate for 34 enterprises in the field of debt collection services. Da Nang has 4 enterprises with a total chartered capital of 6.5 billion vnd. An Giang province has 1 active enterprise in the field of debt collection services. However, Hanoi just follows the draft decree without data on enterprises operating in debt collection services in the city.

Some provinces such as Hai Phong, Nghe An, Hai Duong, Tien Giang, Soc Trang, and Khanh Hoa, etc had enterprises in the field of debt collection services, but these enterprises are no longer active. The number of enterprises in the field of debt collection services is increasingly narrowing.

Regarding business results, the majority of enterprises in the field of debt collection services have no profit. According to the Ministry of Finance, as debt collection services are gradually put into place, enterprises operate under the provisions of the law with the transparency of debt collection, reducing unqualified debt collection services like "gangsters".

Many mistakes remain

Regarding the implementation of Government Decree No. 104, the Ministry of Finance said: “This document has created a legal basis for debt collection services. The State management in this area has been strengthened, thereby strictly controlling conditions for establishment of enterprises in the field of debt collection services”.

However, because of the sensitive nature of debt collection services, in fact, the operations of enterprises in the field of debt collection services remain ineffective, especially causing violations in security.

The Ministry of Finance has listed a number of violated behaviors such as: using non-qualified staff; operating at improper addresses under the certificate of business registration; inspections and supervision of competent authorities are limited because enterprises do not make reports as prescribed. Even some enterprises made irregularities relating to laws and security. For example, Tai Ga Company (HCM City) had "terrorism" activities to threaten employees of the Branch of Cong Ly Company, including kidnapping and extortion to collect debts.

Therefore, there is a need for clearer regulations on inspections and monitoring of enterprises in the field of debt collection services, enhancing the role of the police forces in State management because only the police have enough forces, means and facilities to manage these services.

Uniforms are required

Regarding the draft Decree, the Ministry of Finance has proposed to eliminate rules on the capital and standards for managers and employees of enterprises in the field of debt collection services.

According to the Ministry of Finance, the Law on enterprises, 2014 no longer requires strict conditions on the legal capital for the establishment of enterprises (except for some special sectors such as banking and securities). Therefore, the requirement for the minimum capital of 2 billion vnd to ensure facilities for debt collection services is no longer necessary.

Besides, during the implementation of Decree 104, the Ministry of Finance shows that, similar to other business activities, the professional competence of managers and employees of enterprises in the field of debt collection services only affects the performance of their enterprises without affecting to the economy. Thus, the conditions for professional competence of managers and employees in the field of debt collection services is not needed anymore.

In particular, for debt collection services to be monitored more stringently, the Ministry of Finance has proposed additional regulations on employees’ uniforms for debt collection.

Specifically: enterprises in the field of debt collection services must design their uniforms and notify to the competent authorities on the use of these uniforms. People who conduct debt collection activities must wear uniforms, with an identity card and a reference paper of the enterprise in the field of debt collection when working directly with creditors or debtors or relevant organizations.

These regulations are expected to strengthen the supervision for debt collection services through the identification of employees for debt collection, thereby reducing the cases of gathering or disturbing; raising the awareness of the society about business debt collection services which are also legal operations; and creating peace of mind for organizations and individuals when working with debtors.

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The regulations on uniforms and identification create law-abiding consciousness of employees in the field of debt collection services, reducing violations when conducting debt collection activities, and reflecting the professionalism of employees in enterprises in the field of debt collection services.

By Hong Van/ Hoang Anh