Detailed Guidance on the Dossier for Issuing the Practitioner Certificate of Asset Management

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Article 4 of Decree 22/2015/ND-CP stipulates that persons who fall under the provisions of Clause 1, Article 12 of the Bankruptcy Law and wish to practice asset management and liquidation must prepare an application dossier for the issuance of an Asset Manager practicing certificate. The dossier includes:

- An application form for the issuance of an Asset Manager practicing certificate according to form TP-QTV-01 issued together with this Decree;

- A photocopy of the Lawyer's Card for lawyers; a photocopy of the Auditor's Certificate for auditors; a photocopy of a Bachelor's degree in law, economics, accounting, finance, or banking for those holding degrees in these fields;

- Documentation proving at least 5 years of experience in the trained field, certified by the agency or organization where the person with a Bachelor's degree in law, economics, accounting, finance, or banking works;

- 2 colored photos of size 3cm x 4cm.

* In necessary cases, the Ministry of Justice may require the applicant for an Asset Manager practicing certificate to submit a Judicial Record.

Additionally, foreign lawyers who have been granted a License to Practice Law in Vietnam according to the provisions of the law on lawyers, and foreign auditors according to the law on auditing who wish to practice asset management and liquidation must prepare an application dossier for the issuance of an Asset Manager practicing certificate. The dossier includes:

- An application form for the issuance of an Asset Manager practicing certificate according to form TP-QTV-02 issued together with this Decree;

- A photocopy of the License to Practice Law in Vietnam for foreign lawyers issued by the Ministry of Justice; a photocopy of the Auditor's Certificate for foreign auditors issued by the Ministry of Finance;

- A brief curriculum vitae (self-declared);

- 2 colored photos of size 3cm x 4cm.

The applicant for an Asset Manager practicing certificate shall submit 01 set of the dossier by post or directly to the Ministry of Justice and pay the fee as prescribed by law. In case the applicant submits the dossier directly at the Ministry of Justice, the original documents specified in Point b, Clause 1 and Point b, Clause 2, Article 4 must be presented for verification. If the dossier is sent by post, the original documents specified in Point b, Clause 1, and Point b, Clause 2, Article 4 must be presented upon request for verification.

Within 20 days from the date of receipt of a complete and valid dossier, the Ministry of Justice is responsible for issuing the Asset Manager practicing certificate to the applicant according to form TP-QTV-08 issued together with this Decree; if rejected, the reason must be notified in writing. The person whose application for the practicing certificate is rejected has the right to complain or file a lawsuit as prescribed by law.

Note: Individuals falling under the following circumstances are not granted an Asset Manager practicing certificate:

- Those who do not meet the practicing conditions according to Points a and b, Clause 2, Article 12 of the Bankruptcy Law;

- Cases specified in Article 14 of the Bankruptcy Law.

For details, please refer to Decree 22/2015/ND-CP effective from February 16, 2015.

Thu Ba

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