Chương 3 Nghị định 104/2007/NĐ-CP: Điều kiện kinh doanh dịch vụ đòi nợ

Chapter III

CONDITIONS FOR PROVIDING DEBT COLLECTION SERVICES

Article 13. Condition on capital

Legal capital for the debt collection service business is VND 2,000,000,000 (two billion).

Throughout the course of operation, debt collection service enterprises shall maintain their charter capital at a level not lower than the legal capital.

Article 14. Condition on criteria of managers and directors of branches of debt collection service enterprises:

1. Having full civil act capacity.

2. Possessing a university or postgraduate diploma in economics, administration, law or public security.

3. Having no criminal records.

4. Persons who have worked for other debt collection service enterprises which had their debt collection service registration certificates revoked must also satisfy the condition that they have not acted as managers of these enterprises for the latest three years.

Article 15. Condition on criteria of employees involved in debt collection services

1. Being recruited under labor contracts of an unspecified term or of a term of six months or more.

2. Having full civil act capacity.

3. Possessing an intermediate or higher education diploma in economics, administration, law or public security.

4. Having no criminal records.

Article 16. Dossiers of registration of debt collection service provision

Apart from satisfying the legal provisions on business registration dossiers, an enterprise registering to provide debt collection services must also submit:

1. A dossier evidencing satisfaction of the condition on capital, comprising:

a/ A written record of capital contribution by founding shareholders, for joint-stock companies, or founding members, for limited liability companies with two or more members; the corporate owners decision of capital assignment, for one-member limited liability companies owned by organizations; the corporate owners registration of investment capital, for private enterprises and one-member limited liability companies owned by individuals;

b/ For capital amounts contributed in money, there must be certification by a commercial bank licensed to operate in Vietnam of deposited money amounts of founding members. Deposited money amounts must be equal to contributed capital amounts of founding members and may be released only after the enterprise is granted a debt collection service registration certificate.

c/ For capital amounts contributed in asset, there must be a deed issued by a valuation organization in Vietnam certifying the results of valuation of assets contributed to the enterprises capital. That deed must remain valid by the date of submission of the dossier to a competent business registry office.

2. A dossier evidencing satisfaction of the condition on criteria of managers and directors of branches of the enterprise, comprising:

a/ Valid copies of university diplomas in any of the disciplines specified in Clause 2, Article 14 of this Decree. For diplomas granted by foreign universities, their notarized Vietnamese translations are required.

b/ Judicial record cards.

For foreign individuals, written certifications made by administrations of their countries of origin that they have no criminal records in these countries are required together with their notarized Vietnamese translations.

Article 17. Change of managers, directors of branches of enterprises and their charter capital

When changing their managers, directors of their branches or their charter capital, debt collection service enterprises shall strictly comply with current provisions of law on business registration and satisfy all conditions on capital and criteria of managers and directors of branches of enterprises specified in Articles 13 and 14 of this Decree.