Under what circumstances do judges have to dismiss settling bankruptcy in Vietnam?
Under what circumstances do judges have to dismiss settling bankruptcy in Vietnam? What are tasks and entitlements of Judges conducting bankruptcy proceedings in Vietnam? What are regulations on appointment of a judge for bankruptcy settlement in Vietnam?
Under what circumstances do judges have to dismiss settling bankruptcy in Vietnam?
When receiving a written request for initiation of bankruptcy proceedings against an enterprise or cooperative that is determined to be insolvent, the Chief Justice of the People's Court is obliged to assign a judge to handle the petition for initiation of bankruptcy proceedings. In which case must the judge assigned to handle the petition for opening bankruptcy proceedings refuse to participate in the bankruptcy settlement?
Reply:
According to the provisions of current law in Clause 1, Article 31 of the Law on Bankruptcy 2014, within 03 working days from the receipt of the written request for initiation of bankruptcy process, the executive judge of the People’s Court shall appoint a judge or a group of 03 judges for the bankruptcy settlement.
However, in some specific cases according to the Law, the judge assigned to handle the petition to open the bankruptcy procedure of the enterprise or cooperative must refuse to participate in the bankruptcy settlement of the enterprise or cooperative.
Accordingly, according to the provisions of Clause 1, Article 10 of the Law on Bankruptcy 2014, a judge must dismiss settling bankruptcy or be replaced in the following cases:
a) The judge is an involved entity; a representative or a relative of an involved entity of the case;
b) The judge is participating in the case as a prosecutor, a asset management officer, the legal guardian of an involved entity, a valuator or a translator;
c) The Judge is a member of a group of Judges taking charge of the case and has connections of consanguinity with other judges;
d) The judge has once made the Decision on the declaration of bankruptcy for the case;
dd) There is any evidence that the Judge is prejudiced.
When there are grounds to determine that the judge's reason for refusing to participate in the bankruptcy settlement is correct, the Chief Justice of the People's Court shall have to assign another judge to participate in the bankruptcy settlement in accordance with the law in Vietnam.
Above is our consulting opinion on the issue you are wondering.
What are tasks and entitlements of Judges conducting bankruptcy proceedings in Vietnam?
What are tasks and entitlements of Judges conducting bankruptcy proceedings? Hello, my name is Van Lam. I have a question that I would like to ask you to help me answer. Specifically, please ask: Currently, what are tasks and entitlements of Judges conducting bankruptcy proceedings? Which legal document regulates this issue? Looking forward to hearing from you. I sincerely thank!
Reply:
Currently, tasks and entitlements of Judges conducting bankruptcy proceedings are specified in Article 9 of the Law on Bankruptcy 2014 with the following contents:
1. Collect and verify documents and evidences related to the request for initiation of bankruptcy process if necessary.
2. Make the Decision on the initiation of bankruptcy process or the refusal to initiate bankruptcy process.
3. Make the Decision on appointing or replacing the asset management officer and/or the asset management enterprise.
4. Supervise the asset management officer and/or asset management enterprise.
5. Decide to conduct an audit of the insolvent entity if necessary.
6. Make the Decision on the liquidation of the assets of the insolvency entity after the Decision on the initiation of bankruptcy process in order to cover the cost of bankruptcy.
7. Take temporary emergency measures according to the regulations of the law.
8. Impose the prohibition against leaving the place on the representative of the insolvent entity and request the competent authorities to escort him/her according to the regulations of the Law.
9. Convene the creditors' meeting.
10. Make the Decision on approving the resolution of the creditors’ meeting on the plan to resume business operation.
11. Make the Decision on suspending bankruptcy process.
12. Make the Decision on the declaration of bankruptcy of the insolvent entity.
13. Impose administrative penalties and/or request competent authorities to impose criminal penalties according to the regulations of the Law.
14. Refer to the bankruptcy settlements for the prior similar cases with the guidance of the Supreme People’s Court.
15. Must dismiss settling bankruptcy in one of the cases prescribed in Clause 1 Article 10 of this Law.
16. Perform other tasks and powers according to the regulations of the Law.
The above is the response to the tasks and entitlements of Judges conducting bankruptcy proceedings in Vietnam. You can find out more about this at Bankruptcy Law 2014.
What are regulations on appointment of a judge for bankruptcy settlement in Vietnam?
What are regulations on appointment of a judge for bankruptcy settlement? And where is it specified? This is a question that I would like to receive advice from you. Sincerely thank.
Reply:
The appointment of a judge for bankruptcy settlement is specified in Article 31 of the Law on Bankruptcy 2014.
1. Within 03 working days from the receipt of the written request for initiation of bankruptcy process, the executive judge of the People’s Court shall appoint a judge or a group of 03 judges for the bankruptcy settlement.
2. The executive judge of the Supreme People’s Court shall make the regulations on the group of judges according to Clause 1 of this Article.
The above is the content of our advice on the appointment of a judge for bankruptcy settlement in Vietnam. If you want to learn more, you can refer to the provisions of the Bankruptcy Law 2014.
Best regards!
