Debt Trading Consultancy Service

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Debt trading is a transaction that transfers debt from the seller to the debt buyer to free up “dead capital” for production and business needs. However, the debt trading market in Vietnam is still new, which can pose risks and difficulties for debt trading enterprises. The following article by Long Phan will provide services to resolve difficulties and minimize the risks associated with debt trading.

Debt Trading ConsultationDebt Trading Consultation

What is Debt Trading?

Debt trading is a written agreement on the transfer of the right to collect a debt arising from lending operations, or payments made in guarantee operations, whereby the debt seller transfers the ownership of the debt to the debt buyer and receives payment from the debt buyer.

Considerations When Trading Debt in the Market

When engaging in debt trading in the market, the following issues should be noted:

Firstly, the conclusion of a debt trading contract does not require the consent of the debtor.

  • Debt trading transactions involve the transfer of ownership of the debt and simultaneously transfer the obligations of the debt seller to the debt buyer.
  • Therefore, debt trading does not affect the rights of the debtor, so the parties can conclude a debt trading contract without the consent of the debtor.

Secondly, the form of the debt trading contract.

  • The debt trading contract must be established in writing and does not need to be notarized.
  • However, if deemed necessary, the parties can agree on notarization.

Thirdly, the content of the debt trading contract.

  • The debt trading contract must fulfill all contents as regulated in Clause 2, Article 13 of Circular 09/2015/TT-NHNN issued by the State Bank of Vietnam on July 17, 2015.
  • Additionally, the parties can agree on other contents as long as they do not contravene legal regulations.

Compliance with regulations on the content and form of the debt trading contract is required; non-compliance may result in administrative penalties.

Thus, when conducting debt trading activities, the parties should consider the above issues to minimize risks or penalties by the competent authorities. Moreover, to avoid future problems, the debt seller should choose reputable and long-standing debt trading companies.

The Necessity of Consulting on Debt Trading for Businesses

Debt trading is a relatively new and not yet widely developed activity in Vietnam. Simultaneously, there are no specific, clear regulations regarding debt trading activities. Therefore, consulting on debt trading for businesses is essential and brings several benefits, as follows:

  • Clearly and specifically understanding the nature of debt trading activities.
  • Choosing a reputable and trustworthy debt trading service provider.
  • Minimizing potential risks when signing and executing debt trading contracts.
  • Saving time and costs for clients.
  • Ensuring client information is always confidential.

Debt Trading Consulting Services at Long Phan

Long Phan, with a team of professional consultants who have extensive experience and knowledge about the debt trading market, will advise and support clients comprehensively on all issues related to debt trading. Below, we offer the following services to our clients:

Advising on Business Conditions for Debt Trading Services

  • Advising on the suitable business type for debt trading services.
  • Advising and building a plan for clients on how to establish a debt trading company.
  • Advising on the business conditions for debt trading services.
  • Advising on the order and procedures for applying for a debt trading business license.
  • Preparing documents and paperwork for registering a debt trading business.
  • Advising and building operational and management mechanisms for a debt trading company.

Advising on Capital Mobilization Methods for Debt Trading Companies

  • Advising on the capital sources that a debt trading company can mobilize.
  • Advising on forms of capital mobilization.
  • Providing specific advice on the amount of capital the company needs to mobilize to meet its business operations.
  • Building a capital mobilization plan.
  • Preparing documents and contracts for negotiation, bargaining, and signing in a partnership format.
  • Advising on the order, procedures, and documentation in case of capital mobilization from credit institutions.
  • Advising and directing debt trading companies on how to use the mobilized capital effectively.

Advising on Capital Mobilization Methods for Debt Trading CompaniesAdvising on Capital Mobilization Methods for Debt Trading Companies

Advising on the Debt Trading Process

  • Advising on the necessary documentation for debt trading according to the debt recovery methods
  • Advising on the approval procedures for debt trading activities if a credit institution or a foreign bank branch is the debt buyer
  • Developing a plan for negotiation or auction of debt in case of debt trading by credit institutions and foreign bank branches
  • Advising and guiding on developing a specific plan for appraising documents, verifying debtors
  • Advising on concluding the debt trading contract

Advising on Debt Trading Transactions

  • Advising and developing the negotiation, signing, and implementation process of the debt trading contract
  • Advising on the form of the debt trading contract
  • Advising on the essential terms that must be included in the debt trading contract
  • Advising on the conditions for the effectiveness of the debt trading contract
  • Advising on risks and providing remedial measures to limit disputes
  • Providing templates, drafting, amending, and supplementing the debt trading contract
  • Advising on methods and ways to resolve disputes if disputes occur

Advising on Debt Management Plan After Debt Trading

Contact Methods

If you need consultation and answers regarding debt trading, please contact Long Phan through one of the following methods:

Online Contact:

  • Hotline: 0906.735.386
  • Email: info@longphanpmt.com
  • Facebook: Long Phan Investment Consulting Co., Ltd.
  • Zalo: 0906.735.386

Direct Contact at the Company’s Headquarters: Commercial Lot TM7, Lavita Garden Apartment, 17 Number 3 Street, Truong Tho Ward, Thu Duc City, Ho Chi Minh City.

Debt trading is not yet widespread in Vietnam and is mainly conducted by special credit organizations, especially commercial banks. This may be due to various reasons: capital sources, state policies and regulations,… If you have any questions that need clarification, please contact Long Phan via hotline: 0906.735.386 for detailed and specific advice and answers.

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