Must the internal Trade Union pay a bankruptcy fee when requesting to initiate bankruptcy procedures for an enterprise in Vietnam?
Must the internal Trade Union pay a bankruptcy fee when requesting to initiate bankruptcy procedures for an enterprise in Vietnam?
Based on the provisions of Article 22 of the Law on Bankruptcy 2014 regarding bankruptcy fees, it states:
Bankruptcy fees
The petitioner requesting the initiation of bankruptcy procedures must pay the bankruptcy fee as prescribed by the law on court fees and charges. In cases where the petitioner is specified in Clause 2, Article 5, and Point a, Clause 1, Article 105 of this Law, they are exempt from paying the bankruptcy fee.
According to Clause 2, Article 5 of the Law on Bankruptcy 2014, which stipulates those who have the right and obligation to file a petition for bankruptcy, it states:
Persons entitled and obligated to file a petition for bankruptcy
1. Unsecured creditors and partially secured creditors have the right to file a petition for the initiation of bankruptcy procedures if, after 03 months from the due date of the debt, the enterprise or cooperative fails to perform the payment obligation.
2. Employees, internal Trade Unions, and superior trade unions in places where a internal Trade Union has not yet been established, have the right to file a petition for the initiation of bankruptcy procedures if, after 03 months from the date of the wage payment due date and other overdue debts, the enterprise or cooperative fails to perform the payment obligation.
...
Thus, a internal Trade Union is entitled to file a petition for the initiation of bankruptcy procedures against an enterprise.
When filing a petition to initiate bankruptcy procedures, the internal Trade Union is not required to pay the bankruptcy fee according to regulations.
Must the internal Trade Union pay a bankruptcy fee when requesting to initiate bankruptcy procedures for an enterprise in Vietnam?
What are regulations on methods of submitting a petition for the initiation of bankruptcy procedures in Vietnam?
Based on the provisions of Article 30 of the Law on Bankruptcy 2014, which stipulate the method of submitting a petition for the initiation of bankruptcy procedures, it states:
Method of submitting a petition for the initiation of bankruptcy procedures
1. A person requesting the initiation of bankruptcy procedures must submit the petition and accompanying documents and evidence to the competent People's Court by one of the following methods:
a) Direct submission at the People's Court;
b) Sending to the People's Court by post.
2. The date of submission of the petition for the initiation of bankruptcy procedures is determined as the date the People's Court receives the petition or the date of the postal stamp at the sending location.
Thus, persons requesting the initiation of bankruptcy procedures must submit the petition and accompanying documents and evidence to the competent People's Court by one of the following methods:
- Direct submission at the People's Court;- Sending to the People's Court by post.
Vietnam: When does the internal Trade Union have its petition for the initiation of bankruptcy procedures returned by the People's Court?
Based on the provisions of Article 35 of the Law on Bankruptcy 2014, which regulates the return of the petition for the initiation of bankruptcy procedures, it states:
Return of the petition for the initiation of bankruptcy procedures
1. The People's Court shall decide to return the petition for the initiation of bankruptcy procedures in the following cases:
a) The petitioner is not in accordance with the provisions of Article 5 of this Law;
b) The petitioner does not perform the modification or supplementation of the petition for the initiation of bankruptcy procedures as prescribed in Article 34 of this Law;
c) Another People's Court has already initiated bankruptcy procedures for the enterprise or cooperative that is insolvent;
d) The petitioner withdraws the petition for the initiation of bankruptcy procedures according to Clause 2, Article 37 of this Law;
dd) The petitioner does not pay the bankruptcy fee or advance bankruptcy expenses, except for cases exempt from paying the bankruptcy fee or advance bankruptcy expenses.
2. The People's Court's decision to return the petition for the initiation of bankruptcy procedures must state the reason for returning the petition. The People's Court shall send this decision to the petitioner and the same level People’s Procuracy within 03 working days from the date of the decision.
Thus, a internal Trade Union has its petition for the initiation of bankruptcy procedures returned by the People's Court in the following cases:
- The petitioner is not compliant with the provisions.
- The petitioner does not perform the modification or supplementation of the petition for the initiation of bankruptcy procedures as prescribed.
- Another People's Court has already initiated bankruptcy procedures for the insolvent enterprise or cooperative.
- The petitioner withdraws the petition for the initiation of bankruptcy procedures according to regulations.
- The petitioner does not pay the bankruptcy fee or advance bankruptcy expenses, except for cases exempt from paying the bankruptcy fee or advance bankruptcy expenses.
LawNet