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The Supreme People's Court of Vietnam: Benchbook Online

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3. Checking status of the petitioner


Related legal documents
  • Bankruptcy Law (Articles 13, 14, 15, 16, 17, and 18)
  • Resolution No. 03/2005/NQ-HDTP dated 28 April 2005 of the SPCJC providing guidelines for implementation of a number of provisions of the Bankruptcy Law 2005 (hereinafter referred to as Resolution No. 03/2005) (Section 2 of Part I)
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    Main duties and practical skills:

    After receiving the petition for commencement of bankruptcy procedures, the Judge should check whether or not the petitioner has the right to file the petition.

    • Only unsecured or partially secured creditors have the right to file petitions for commencement of bankruptcy procedures.
    • When employees file a petition for commencement of bankruptcy procedures, the petition must be signed by a legal representative of such employees.
    • A legal representative of employees must be selected by secret voting or signing.
    • If the enterprise or cooperative is big, representative of affiliated units shall vote.
    • Representative of owners of State enterprises is provided in Article 63 of the Law on State Enterprises.