Vinalaw

Nhat An consulting & Collection of Debts Services Co., Ltd
nhatanco@hcm.vnn.vn

Vinh & Tinh Bar Association

The Order

Of Receiving, examining, Settling Collection of Overdue Debt

Receive and examine Documents

	Objects for settlement
	One party participating in the transaction must be a legal entity (be of all economic section ) or an individual.
	The debtor's residence or office is in Ho Chi Minh City or neighbouring provinces such as Long An, Tay Ninh, Dong Nai, Binh Duong, Ba Ria-Vung Tau,.


	Examine the documents

Content of examination:

Considering legality of the debt , debt figures, residence in reality of the debtor.
Determining payment ability of the debtor to the creditor.

Duration of examining: From 30 to 45 days

Examination fee (for the debtor living in HoChiMinh City):

550.000 VND ( included VAT ) for a file ( not for the whole amount of debt )

Report on examination result :

After examining, Nhat An company will bring out a Report on examination result which states that Nhat An Company will accept showing a decision to accept to settle the matter or not. In case not accept, Nhat An Company will give an official reply and advise the creditor how to collect the debt by himself.

Order of Receiving and Settling Debt Collection

Order

Nhat an Company will discuss commission of the service with the creditor through:
Officially signing the contract of collection of debts services with the creditor.
Carrying out debt collection under the creditors authorization according to stipulations of current Law.

Settlement

Nhat An Company will carry out debt collection depending on the object and status of the file. Debt collection will be carried out as follows :

Conciliating or persuading the debtor to pay the debt.

Taking legal proceedings against the debtor at legal authorities, depending on the subject, validity of transaction that the overdue debt arises from.

Service fee pursuant to specific case . There are 03 cases as follows :

Debt collection without taking legal proceedings :

From 25% to 30% (from twenty five to thirty percent) on whole amount of debt depending on status of the debt and quantity of documents.
As for the document that the debtor's residence or office is out of Ho Chi Minh City, service fee will be from 30% to 35% (from thirty percent to thirty five percent) on the full amount of debt depending on status of the debt and document quantity.
Nhat An Company will receive the commission on the whole collected amount according to the rate as agreement.

Debt collection taking legal proceedings :

From 33% to 40% (from thirty three percent to forty percent) on full amount of debt depending on status of the debt and quantity of documents.

The service fee in this case will be paid as follows :

Time	Processing	Percentage
1	Signing the complaint and authorizing Nhat An company to sue.	03% - 05%
2	One day before the receipt of judgement.	03% - 05%
3	One day before the receipt of decision on judgement execution.	04%- 07%
4	Balance will be paid pursuant to progressing of debt collection.	23%

As for the document that the debtor's residence or office is out of Ho Chi Minh City, service fee will be from 35% to 45% (from thirty five percent to forty five percent) on the full amount of debt depending on status of the debt and document quantity.

Settling to win the case but not collect the debt because the debtor can not afford to pay : This is a special case.

The debtor clearly can not afford to pay but Nhat An Co. will take a legal proceedings against him pursuant to the creditor's request in order to hold a judgement of court. In this case service fee is discussed separately.

In case of taking legal proceedings

The creditor must :

Sign the petition and other documents related to the legal procedure that drafted by Nhat An Company.

Advance legal fee if the court accepts the petition.(legal fee stipulated by court )

In case the client unilaterally changes or withdraws his request for settlement of debt collection:

After both parties sign the contract and complete authorizing procedure if the creditor unilateraly changes or withdraws his request for settlement debt collection (not mention the reason), the creditor will still pay 15% (fifteen percent) of total amount of debt be requested to collect shown in the contract.

Attention

All information of the client will be kept secret.

In case the information from the client is inexact or short, affecting the result of document examination or settlement of debt collection, the client will bear full responsibilities for that.

The documents of debt that are supplied handed over to Nhat An must be copies (with a stamp appended at the right corner if the creditor is an organization). After receiving debt documents from the client Nhat An company will give him a minutes of providing debt voucher.

If the party implementing services has influenced the debtor to pay the debt in examining duration and before signing the contract, the party asking for services will have to pay 22% (twenty two percent) of total amount collected for service charges.

In case the debtor's residence or office is in provinces, the client should make an advance supply the document to Nhat An company in order Nhat An company calculates examination expenses and discuss the expenses with the client. After both parties agree on the fee, the order of services is as usual.

Head Office
17 Tran Khanh Du, Tan Dinh Ward, District 1, Ho Chi Minh City
Tel: (84.8).9311111 - (84.8).8480962 - Fax: (84.8).8480964 - Email: vinalaw@hcm.vnn.vn
Website: http://www.vinalaw.com.vn