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The Supreme People's Court of Vietnam: Benchbook Online

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8. Returing the petitio for commmencement of bankruptcy procedures.


Related legal documents
  • Bankruptcy Law (Article 3)
  • Bankruptcy Law (from Article 13 to Article 18)
  • Bankruptcy Law (from Article 21 to Article 24)

  • Main duties and practical skills:

    The Judge assigned to consider the petition for commencement of bankruptcy procedures must issue decision on return of the petition to the petitioner if there are insufficient grounds for accepting it:

    • If the time limit for advance payment of bankruptcy fees determined by the Court expires and the person who has to pay the bankruptcy fees in advance fails to pay, when they fail to prove that they do not have money or assets, or still have money and assets but not enough to pay bankruptcy fees, as provided in Article 87 of the Bankruptcy Law.
    • Checking provisions on payment of bankruptcy fees.
    • Considering the right to file the petition of the petitioner, if they are not the objects provided from Article 13 to Article 18 of the Bankruptcy Law.
    • The Judge should distinguish cases of returing the petition from cases of amending and adding the petition as provided in Article 22 of the Bankruptcy Law.