Tiếng Việt
中文Yes, but under strict principles. The Debt and Asset Trading Corporation (DATC) may purchase debts and assets to serve the business purposes of the company itself, as prescribed in Clause 2, Article 15 of Decree No. 129/2020/ND-CP.
1. Principles for DATC’s purchase of debts and assets
Under Clause 2, Article 15 of Decree No. 129/2020/ND-CP, DATC carries out the purchase of debts and assets to serve its own business purposes based on the following principles:
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- The debt/asset purchase plan must be effective, with a feasible capital recovery plan that preserves and develops capital;
- The purchase price of debts and assets is determined by DATC on the principle of ensuring the profitability of the plan;
- The purchased debts and assets must have dossiers proving creditor rights and asset ownership rights;
- The purchase of debts and assets is only carried out when there is a plan approved under the delegated authority.
2. Limitations
DATC’s debt and asset purchase activities must be consistent with its assigned functions and tasks and comply with the law on management and investment of State capital in enterprises (Law No. 68/2025/QH15, effective from 01 August 2025). DATC may not purchase debts or assets outside the approved scope and purposes of operation.
Notes on application
Before transacting with DATC, debt sellers and asset sellers should verify the legal standing of the debt, the status of secured assets, secured transaction registration, and the signing authority of the parties.
Common risks to note
- The debt lacks complete dossiers proving creditor rights;
- The secured assets are under dispute or have been registered in secured transactions for another party;
- The purchase plan is not approved under the proper delegated authority.
How can ANT Legal help?
ANT Legal assists in legal review of debts and assets before transacting with DATC and advises on handling options. For advice, please contact our lawyers at ANT Legal.
