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The Supreme People's Court of Vietnam: Benchbook Online

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21. Resolving complaints and protests


Related legal documents
  • Bankruptcy Law (Article 25, 26)
  • Bankruptcy Law (Article 32)
  • Bankruptcy Law (Article 52, 53)
  • Bankruptcy Law (Article 56)
  • Bankruptcy Law (Article 83, 84)
  • Bankruptcy Law (Article 91, 92)

  • Main duties and practical skills:

    • When conducting bankruptcy procedures, if there is any complaint or protest, the Judge in charge must set up a dossier on the complaint or protest and  send it or report it to the relevant person within the stipulated time limit.
    • Disputes on jurisdiction shall be resolved by the Chief Justice of the provincial People’s Court or Chief Justice of the Supreme People’s Court.
    • Any complaint about the refusal of the petition for commencement of bankruptcy shall be determineded by the Chief Justice of the Court where the petition is being considered.
    • Any complaint about non-commencement of bankruptcy procedures shall be determineded by the Chief Justice of the Court which is resolving the petition.
    • Any complaint in terms of the list of creditors shall be determined ed by the Judge in charge of conducting bankruptcy procedures; if the complaint is accepted, the list shall be added or partially withdrawn.
    • Any complaint in terms of application of provisional measures shall be resolved by the Chief Justice of the Court which is resolving the petition for commencement of bankruptcy procedures.
    • Any complaint or protest in terms of the decision to commence asset liquidation procedures shall be resolved by the upper level court of the court which is resolving the petition for commencement of bankruptcy procedures, after it sends the file to the court of the upper level. The court of upper level shall appoint a panel of three Judges to resolve this kind of complaint.
    • Any complaint or protest in terms of the decision to declare the enterprise or cooperative bankrupt shall be resolved by the Court of the upper level of the Court which has issued the decision to declare the enterprise or cooperative bankrupt; if there is any complaint or protest, the Court which is conducting bankruptcy procedures shall send the case file to the court of the upper level for resolution. The court of the upper level shall appoint a panel of three Judges to resolve the complaint or protest in terms of the decision to declare the enterprise or cooperative bankrupt.
    • Any decision resolving the complaint or protest shall be the final decision and having validity to be enforced.