04 Contents on Supervising the Decision to Commence or Not to Commence Bankruptcy Procedures

03:13, 10/07/2024

Recently, the Chief Procurator of the Supreme People's Procuracy signed and promulgated Decision No. 435/QD-VKSTC stipulating the regulations on the supervision of bankruptcy resolution.

after receiving the decision to open/not open bankruptcy proceedings from the court of the same level, the official shall proceed to inspect the following contents:

- Inspect the timeline, authority, basis, and procedures for making a decision as stipulated in Clauses 1, 2, and 3, Article 42 Bankruptcy Law;- Inspect the sending of the decision (timeline of sending and recipients) as stipulated in Article 43 of the Bankruptcy Law;- Inspect the content of the decision as stipulated in Clause 4, Article 42 of the Bankruptcy Law;- Inspect the court's resolution of the consequences of not opening bankruptcy proceedings as stipulated in Clause 5, Article 42 of the Bankruptcy Law.

In cases where violations affecting the legitimate rights and interests of agencies, organizations, or individuals are detected, report to the Leadership of the Procuracy at your level to request the court to transfer the bankruptcy case file for a decision on appeal according to the provisions of Article 44 of the Bankruptcy Law.

More details can be found in Decision 435/QD-VKSTC effective from September 26, 2019.

>> CLICK HERE TO READ THIS ARTICLE IN VIETNAMESE

0 lượt xem

- This translation is generated by OpenAI's GPT-4o model;
- The legal regulations in this article are according to Vietnamese Law;
- This English translation is for reference purposes only and not a definitive translation of the original Vietnamese texts;
- Articles may be compiled from a variety of sources;
- Applicable Terms may have expired at the time you are reading;
- If you have any questions about the copyright of the article, please contact us via email banquyen@lawnet.vn