LOAN CONTRACT
Number:……………./………………
- Pursuant to the 2015 Civil Code of the Socialist Republic of Vietnam promulgated on November 24, 2015 and guiding documents;
- Pursuant to the agreement of the parties;
Today, we include:
Party A: Lender: Yee Fai Holdings Company
DN code: 0315409893
Address: 7th Floor, HPL Building, No. 60 Nguyen Van Phu, Da Kao Ward, District 1, Ho Chi Minh City
Telephone: Fax: ..... .................
Represented by Mr/Ms: HOANG THI DUNG Position: Director.
Power of Attorney No.: ..................date ................. ...
Party B: Borrower
First and last name:
Date of birth:
Nationality:
ID No.:…………..Due …………issued on…………..
Registered place of permanent residence…………………..
Current residential address:
Phone number:
Our Parties Agree and agree to sign Service Contract No:…………. (hereinafter referred to as the “Contract”) with the following terms:
ARTICLE 1. EXPLAINING WORDS
In this Contract, the parties agree to understand the following terms as follows:
“Borrow transaction” means a loan transaction between Party A and Party B;
“Electronic transaction connection point” means a system of transaction connection points made by electronic methods, information data on the internet…………………….;
“Personal Information” means information about an identifiable party, including but not limited to name, national identity card number, birth certificate number, passport number, nationality, address, phone number , fax number, bank information, credit card information, ethnicity, gender, date of birth, marital status, residency status, educational background, financial status, personal preferences, location only a party's email (email), occupation, identifier of a party, industry of employment of a party, any information about a party that a party has provided to Vayloca in applications, applications application or any similar application and/or any information about a party has been or will be collected, stored, used and processed by Vayloca from time to time and includes sensitive personal information. similar to other similar health, religious or belief data.
“Contract” means the Loan Contract signed between the Parties in the Contract and, including the attached Appendixes, the amendments and supplements signed between the Parties later (if any). ).
“Working day” means a day other than Sunday and public holidays in accordance with the laws of the Socialist Republic of Vietnam.
“Dispute” means any matter, argument, controversy, disagreement or claim arising out of or relating to this Agreement or to its breach, termination or validity;
“Law” or “Vietnamese Law” means the relevant laws, decrees, decisions, circulars and other regulations (including all amendments from time to time) applicable to the transactions. civil service in Vietnam;
“State Agencies” and “State Agencies” mean any Government Agency, People's Committee, Ministry, public authority, or any committee, council, unit, or agency Government of which a Party or the Parties require their permission, approval, undertaking, or consultation with respect to any matter or matter for which business under the Agreement is required. this Agreement relates to or is aimed at;
“Vietnam” means the Socialist Republic of Vietnam;
“Dong” or “VND” means the legal circulation currency of Vietnam
ARTICLE 2. COOPERATION IN Lending
2.1. Party A agrees to lend Party B the following amount: …………………………………………………….
(Text:…………………………………………………………)
Within: …………………….. (In words: ……………..)
From …………………….. to date:……………………..
Amount to be paid at the end of the period:…………………………………………………….
Inside :
2.2. Disbursement date is …………………….
2.3. The settlement date of the loan transaction is…. ……………………
2.4. Overdue payments will be subject to a 3% daily overdue fee.
2.5. Party A and Party B perform money transfers and receive money through Vayloca. All costs incurred shall be borne by Party B.
The Borrower must pay fees, expenses and other financial obligations (if any) to the Bank on time, in the quantity and in the manner required by the Bank, specifically:
a) Fee ............:................................................VND
(Text: .............................................. ................................. .........), Time of payment:………….…………;
Payment methods: ..................................
b) Fee ............: ............VND
(In words: ………………………………………………………………………………………………), Time payment point:…………………….;
Payment methods: .................................
ARTICLE 3. RIGHTS AND RESPONSIBILITIES OF PARTY A
3.1. Party A has the following rights:
a. To have the right to choose the appropriate borrower, loan period, and loan amount;
b. Enjoy interest rates on loan transactions according to the provisions of the contract
c. Get back the principal and interest of the investment on time in the contract;
d. To be authorized to entrust a 3rd party to collect the debt to ensure timely payment;
e. OKreserves the right to extend the repayment period for Party B in case of necessity.
g. To be entitled to exploit, collect, use, manage and store information of the parties in accordance with Article 05 of this Contract;
3.2. Party A has the following responsibilities:
a. Not to withdraw principal and interest before the time specified in this contract;
b. Confidentiality of borrower information and contract information;
c. Be solely responsible for the content, images and information posted on the Vayloca application;
d. Be proactive in resolving disputes with the Borrower, and compensate the Borrower for damage if the dispute is proven to be the fault of the Lender;
e. To provide information about their transactions at the request of a competent state agency;
g. Comply with legal regulations on payment, advertising, promotion, protection of intellectual property rights, protection of consumer rights and other relevant laws when participating in lending transactions;
H. Expenses for self-introduction and connection;
i. Self-build database to store, ensure transaction information, users as well as warranty and repair when problems arise;
k. Confidentiality of Party B's personal information (unless Party B fails to properly and fully fulfill its debt repayment obligations).
l. Store personal registration information of Party A and regularly update relevant changes and supplements;
m. Apply necessary measures to ensure the safety of information related to business secrets of organizations and individuals and personal information of each party;
Support state management agencies to investigate illegal business activities, provide registration information, transaction history and other documents on subjects who commit illegal acts on Vayloca;
o. Terminate the service provision if Party B does not fully meet the conditions for participating in the transaction or commits violations of the law;
p. Fully notify Party B of the applicable terms and conditions of the service provided by Vayloca;
m. Support state management agencies to investigate violations of the law, provide registration information, transaction history and other documents about the subject of illegal acts on the transaction connection point electronic.
ARTICLE 4. RIGHTS AND RESPONSIBILITIES OF THE PARTY
4.1. Party B has the following rights:
- Send a loan request at any time, it is not necessary to meet with Party A and do not need to provide collateral for the loan with Party A;
- Enjoy reasonable fees;
- Get advice and support to apply for a suitable loan.
- When the loan has not been received, Party B has the right to refuse or cancel the loan request at any time.
4.2. Party B has the following responsibilities:
a. Declare personal information accurately and take responsibility for the declared information;
b. To be responsible for paying on time the principal and interest of the loan in this Contract;
c. In case Party B fails to repay the loan on time and fully repay the loan, Party A has the right to publicize Party B's personal information and other relevant information to recover the loan;
d. In the event that Party B intentionally fails to repay the debt on time, Party B must perform related responsibilities including but not limited to summoning work, reminding individuals and relatives, disclosing information on social media. media, social networks, apply other lawful debt recovery measures.
e. Read and understand the terms and conditions of service use on the Vayloca application before registering for an account and using the service, and read and understand the terms and conditions of the Contract and conditions for using the service upon receiving the notice. notify about changes, adjustments to operating regulations, terms and conditions for using the service and entering into contracts under this Agreement. The use of the service or continued use of the service by a party is considered as a member who has read, understood and agreed to the terms and conditions of service use and entered into the Contract at Vayloca;
f. Be solely responsible for the security, storage and all activities of using the service under your registered name, password and email address;
g. Timely notify Vayloca of unauthorized use, abuse, breach of security, keep your registered name and password for the two parties to cooperate in handling;
H. Commit that the information provided to Vayloca is accurate and complete and keep your information on the Vayloca application up-to-date, accurate and complete;
i. Be solely responsible for the content, images and other information, as well as the entire transaction process with Vayloca;
j. Be proactive in resolving disputes with the Lender, and compensate the Lender for damage if the dispute is proven to be the fault of the Borrower;
k. To provide information about their transactions at the request of a competent state agency;
l. Comply with legal regulations on payment, advertising, promotion, protection of intellectual property rights, protection of consumer rights and other relevant laws when participating in loan transactions at Vayloca;
m. Commit, agree not to use the service at Vayloca for illegal, unreasonable, fraudulent, threatening, illegal information exploration, sabotage, creating and spreading viruses that cause harm damage to the system,Modeling and transmitting Vayloca's information for the purpose of speculation, creating fake service orders, manipulating the market, including serving to judge market demand. In case of violation, the Borrower shall be responsible for its actions before the law;
n. Commitment not to change, modify, copy, transmit, distribute, provide and create similar tools Vayloca provides to a third party without Vayloca's consent;
o. Do not act to discredit Vayloca in any form, including but not limited to, discord among members by using a second registered name, through a third party, or declaring transmitting and disseminating information that is not conducive to Vayloca's reputation.
ARTICLE 5. MECHANISM FOR MINING, USE, MANAGEMENT AND SECURITY OF INFORMATION
5.1. Collection of Personal Information
“Personal Information” means identifying information, including but not limited to name, national identity card number, birth certificate number, passport number, nationality, address, phone number, fax number , banking information, credit card information, ethnicity, gender, date of birth, marital status, residency status, educational background, financial status, personal preferences, email address email address of a party, occupation, identity, information of a party, industry of employment, any information that Party B has provided to Vayloca in applications, applications for accession or any any similar application and/or any information about Party B that has been or will be collected, stored, used and processed by Vayloca from time to time and includes sensitive personal information such as data about health, religion or other similar beliefs.
5.2. Purpose and scope of information use
a. Scope of information collection
It is completely voluntary for a party to provide Party B's Personal Information. However, if Party B fails to provide Vayloca with Party B's Personal Information, Vayloca will not be able to process Party B's Personal Information for the Additional Purposes and Purposes as set forth below.
If Party B enters into this Agreement, then Party B's Personal Information is mandatory, and failure to provide Personal Information will be a violation of the agreement or legal regulations, and may cause Vayloca cannot cooperate and support Party B to provide services or products or perform support transactions for Party B about the products or services that Party B wants to use.
In addition to the Personal Information Party B provides to Vayloca, Vayloca may collect Party B's Personal Information from various sources such as:
Fill out applications or applications for admission or other similar forms;
From other publicly available sources such as directories;
From Vayloca's social networking sites, if Party B follows, likes or Party B is a fan of those pages (if any);
From credit reporting agencies;
When a party interacts and communicates with Vayloca at any event or activity;
From multiple Vayloca entities or entities.
b. Purpose and scope of information use
General purpose:
To communicate with Party B for any of the purposes listed in this Agreement;
To serve internal management purposes such as auditing, data analysis, database storage;
For the purpose of detecting, preventing and prosecuting crimes;
To help Vayloca comply with its obligations under the law;
To perform Vayloca's obligations under any agreement entered into with Party B;
To process product exchanges or returns;
To process payments in connection with any product or service offered by Vayloca;
To contact Party B according to the agreements in this Contract.
Marketing and promotional purposes:
Vayloca also uses and processes customer information to via post, phone, sms, in person and/or by email:
Send customers alerts, newsletters, updates, mailers, brochures, privileges, congratulations on special occasions from Vayloca, Vayloca's partners, sponsors and advertisers;
Notify and send invitations to customers about events or activities organized by Vayloca, its partners, sponsors or advertisers;
Process Party B's registrations for participation in events or activities and to communicate with Party B about participation at such event or activity;
Sharing customers' Personal Information between subsidiaries, affiliates and joint ventures as well as agents, vendors, service providers, partners, contractors, who may be contacted with customers to market their products, services, events or promotions.
Purpose of debt collection and/or Contract performance:
Vayloca has the right to publicize personal information, relevant personal information of the Borrower such as background information, personal image, identity card, video or other electronic data messages (images) can be photos/clips containing personal images or chats, chats of that individual)… on public media including but not limited to social networks, television, electronic media other online to assist on the implementationThis contract and/or debt collection activities, other related obligation performance assurance activities, credit assessment surveys, etc.
5.3. Information storage time
A party's personal data will be kept secure on Vayloca's servers.
5.4. Persons or organizations that may have access to information
a. Transfer of Personal Information
Party B's Personal Information may be transferred, accessed or disclosed to a third party for Additional Purposes and Purposes. In addition, Vayloca may work with other companies, service providers or individuals to perform functions on Vayloca's behalf, and as such may provide access to or disclose your Personal Information. Party B to that service provider or third party. Third parties include, but are not limited to:
Event companies and event sponsors;
Market research companies;
Service providers, including, information technology (IT) service providers for infrastructure, software, and development;
Professional advisors and external auditors, including legal counsel, financial advisors and consultants;
Other organizations in Vayloca; and
Government agencies to implement the provisions of the law.
Personal Information may also be shared in connection with a business transaction, such as the sale of a branch or division, merger, consolidation, or asset sale, or, in rare cases, business dissolution.
b. Methods and tools for Party B to access and correct its personal data
With respect to Party B's right to access and/or correct Personal Information, Vayloca reserves the right to refuse Party B's requests to access and/or correct Personal Information for the reasons permitted by law.
ARTICLE 7. RESPONSIBILITIES IN CASE OF TECHNICAL ERROR
7.1. Vayloca is committed to making efforts to ensure the safety and stability of the entire technical system. However, in the event of an incident due to Vayloca's fault, Vayloca will immediately apply necessary measures to ensure the interests of members;
7.2. When performing transactions through the Vayloca Application, the parties must strictly follow the procedures as instructed;
7.3. Vayloca is committed to providing the best quality of service to the parties involved in the transaction. In case there is a technical error, software error or other objective errors leading to the member's inability to participate in the transaction, the parties need to notify Vayloca;
7.4. Vayloca will not be responsible for handling in case the notices of the parties do not reach Vayloca, arising from technical errors, transmission errors, software errors or other errors not caused by Vayloca.
ARTICLE 8. VIOLATION OF CONTRACT AND COMPENSATION FOR DAMAGE
8.1. Except for Force Majeure Events under this Contract, in case the Borrower fails to perform any of the contents specified in this Contract, the breaching Party must immediately cease its breach, remedy the consequences of its actions. breach within a specified period required by the aggrieved Party, subject to a penalty of 3% (four percent) per day.
8.2. In case of damage caused by the Borrower's breach of obligation, the Borrower must compensate the aggrieved Party for all damage, unless otherwise agreed.
8.3. In any event, Vayloca does not bear any responsibility related to the breach of obligations of the Parties in this Agreement. At the same time, the provisions of this clause do not limit/exclude Vayloca's right to impose penalties for violations and claim damages from the violating Parties as prescribed in Clauses 8.1 and 8.2 of this Article.
ARTICLE 9. EVENT OF FORCE RESPONSIBILITIES
9.1. The Parties agree to understand and accept that an Event of Force Majeure is an event that occurs objectively, which cannot be foreseen and cannot be remedied, despite having taken all necessary and permissible measures including but not limited to: without limitation events: natural disaster, fire, flood, earthquake, accident, disaster, disease restrictions, nuclear or radioactive contamination, war, civil war, insurrection, strike or riots, intervention by Government agencies, equipment systems of the parties having technical problems during operation and exploitation or due to limited technical ability of equipment systems.
9.2. If one of the Parties is unable to perform all or part of its obligations under this Agreement due to a Force Majeure Event, that Party shall promptly notify the other in writing of the failure to perform. its obligations due to the Force Majeure Event. The Party notifying that its performance of the Contract has become unenforceable due to a Force Majeure Event shall be obligated to make every effort to reduce or minimize the effects of such Force Majeure Event.
9.3. Within 07 (seven) days from the date of the Force Majeure Event, the Party is unable to perform all or part of its obligations under this Contract due to the Force Majeure Event must deliver a letter of guarantee to The obligee is concerned with evidence of the occurrence of the Force Majeure Event and the time period in which the Force Majeure Event occurred.
9.4. When Events ImpossibleWhen force majeure occurs, the obligations of the Parties are temporarily not performed and will immediately reinstate their obligations under the Contract upon termination of the Force Majeure Event or when such Force Majeure Event is eliminated. .
ARTICLE 10. TEMPORARY, TERMINATION, CANCELLATION OF CONTRACT
10.1. Suspension of performance of contractual obligations: means that the Parties temporarily fail to perform one or more of their obligations within a certain period of time fixed by the other Party in the following cases:
a. Emergencies: A Party detects an abnormality in the course of cooperation, the results of which may lead to damage to its Party;
b. One Party discovers that the other Party violates the terms of the Contract or fails to remedy the violations within the time limit prescribed by the breached Party;
c. The former obligor has not yet performed its obligation when it is due, the latter party has the right to suspend the performance of the due obligation.
10.2. This contract terminates in the following cases:
a. The Parties properly and fully fulfill their obligations under the Contract;
b. The Parties agree on the termination of the Contract;
c. Within 60 (sixty) days from the date of receiving the notice of the Force Majeure Event, but the Force Majeure Event has not been remedied, the Parties have the right to agree to terminate the Contract;
d. Other cases as prescribed by current law.
Upon termination of the Contract performance, the Parties are not required to continue to perform their obligations, except for agreements on fines for violations, compensation for damage and agreements on dispute settlement. The party that has performed the obligation has the right to request the other party to pay the part of the obligation performed.
10.3. A Party has the right to cancel the Contract in the following cases:
a. The obligor fails to properly perform the obligation but the obligee requests performance of the obligation within a certain time limit but the obligor fails to perform or performs improperly or incompletely the obligation, the obligee shall have contract can be canceled.
b. Where the obligee is unable to perform part or all of its obligations, making the obligee's purpose unattainable, the obligee may cancel the contract, claim compensation and Violations.
c. The party having the right to cancel the Contract must immediately notify the other party of the cancellation. If failure to notify causes damage, it must compensate.
ARTICLE 11. DISPUTE SETTLEMENT
During the performance of the contract, if any dispute arises, the parties will jointly negotiate to resolve on the basis of equality and cooperation. If the dispute cannot be resolved through negotiation, one of the parties has the right to bring the dispute to a competent People's Court for settlement.
ARTICLE 12. GENERAL PROVISIONS
12.1. This contract takes effect from the date of signing.
12.2. All amendments and supplements to the contract (if any) must be made in writing and signed by competent representatives of the parties.
12.3. The change of representatives of the parties does not change the value of the Contract.
12.4. Things not specified in this Agreement shall be construed and implemented in accordance with the laws of Vietnam.
12.5. All provisions and parts of the provisions of this Agreement shall have effect separately and independently of the other provisions and if at any time any of the foregoing is invalid, illegal, or or unenforceable by law, the validity, legality and enforceability of the remaining provisions of this Agreement shall not be affected in any way.
12.6. This contract is made in 02 (two) copies, has the same legal validity and takes effect from the date of signing. In which, the Borrower keeps 01 (one); Vayloca keeps 01 (one) copy for implementation.
A SIDE
(Sign and write full name) PARTY
h (Sign and write full name)