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The Supreme People's Court of Vietnam: Benchbook Online

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15. Dealing with debts.


Related legal documents
  • Bankruptcy Law (Articles 27, 33, 34, 35, 36, 37, 40, 42)
  • Bankruptcy Law (Articles 52, 53, 55, 57, and 58)
  • 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 3 of Part III)

  • Main duties and practical skills:

    • After receiving the petition for commencement of bankruptcy procedures, the Judge must consider deciding to deal with assets of the enterprise or cooperative which has become insolvent during each period of bankruptcy resolution.
    • The Judge shall issue such decisions upon request by Head of the asset management and liquidation team, creditor, enterprise or cooperative which has been insolvent.
    • When deciding to return the assets to the State, the Judge should discuss with the governing body to reach an agreement on return method.
    • After accepting the petition for commencement of bankruptcy procedures and issuing the decision to commence bankruptcy procedures, the Judge must notify in accordance with Section 2 of Part II of Resolution No. 03/2005 for relevant bodies to temporarily or completely suspend enforcement of a civil case, deal with preserved assets or resolve the case where the enterprise or cooperative is a litigant, as provided in Article 27 and Article 57 of the Bankruptcy Law 2005