What are the cases of dismissing settling bankruptcy or replacing the Judge in Vietnam?

What are the cases of dismissing settling bankruptcy or replacing the Judge in Vietnam? What are the tasks and entitlements of Judges in Vietnam? - Xuan Thien (Lam Dong)

What are the cases of dismissing settling bankruptcy or replacing the Judge in Vietnam? 

What are the cases of dismissing settling bankruptcy or replacing the Judge in Vietnam? (Internet image)

Regarding this issue, LawNet would like to answer as follows:

1. What are the cases of dismissing settling bankruptcy or replacing the Judge in Vietnam?

According to Article 10 of the Law on Bankruptcy Law 2014, a judge must dismiss settling bankruptcy or be replaced in the following cases:

- The judge is an involved entity; a representative or a relative of an involved entity of the case;

- 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;

- The Judge is a member of a group of Judges taking charge of the case and has connections of consanguinity with other judges;

- The judge has once made the Decision on the declaration of bankruptcy for the case;

- There is any evidence that the Judge is prejudiced.

The replacement of the Judge shall be decided by executive judge of the People’s Court. In case the Judge taking charge of the case is an executive judge, the replacement of the Judge shall be decided by a higher People’s Court. The decision on replacing the Judge of the executive judge shall be the final decision.

Thus, if you fall into the above cases, the judge must dismiss settling bankruptcy or be replaced according to the provisions of law.

2. Tasks and entitlements of Judges in Vietnam

The judge has the tasks and powers specified in Article 9 of the Law on Bankruptcy Law 2014 as follows:

- Collect and verify documents and evidences related to the request for initiation of bankruptcy process if necessary.

- Make the Decision on the initiation of bankruptcy process or the refusal to initiate bankruptcy process.

- Make the Decision on appointing or replacing the asset management officer and/or the asset management enterprise.

- Supervise the asset management officer and/or asset management enterprise.

- Decide to conduct an audit of the insolvent entity if necessary.

- 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.

- Take temporary emergency measures according to the regulations of the law.

- 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 on Bankruptcy Law 201.

- Convene the creditors' meeting.

- Make the Decision on approving the resolution of the creditors’ meeting on the plan to resume business operation.

- Make the Decision on suspending bankruptcy process.

- Make the Decision on the declaration of bankruptcy of the insolvent entity.

- Impose administrative penalties and/or request competent authorities to impose criminal penalties according to the regulations of the Law.

- Refer to the bankruptcy settlements for the prior similar cases with the guidance of the Supreme People’s Court.

- Must dismiss settling bankruptcy in one of the cases prescribed in Clause 1 Article 10 of the Law on Bankruptcy Law 201.

- Perform other tasks and powers according to the regulations of the Law on Bankruptcy Law 201.

Nguyen Ngoc Que Anh

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