Main duties and practical skills:
- The Judge should check whether the petition to commence bankruptcy procedures has been sent to the Court having the right jurisdiction, as provided in Article 7 of the Bankruptcy Law.
- The Judge should determine who has the right and obligation to send the petition, as provided in Articles 13, 14, 15, 16, 17 and 18 of the Bankruptcy Law.
- Upon receipt of the petition for commencement of bankruptcy procedures, the People’s Court where the petition is received shall assign a Judge to consider accepting or refusing the petition and this Judge shall be directly in charge of conducting bankruptcy procedures with respect to the enterprise or cooperative.
- The Judge should determine the composition to conduct bankruptcy procedures
- The district People’s Court shall assign only one Judge;
- The provincial People’s Court may assign one or three Judges.
- Upon receipt of the petition for commencement of bankruptcy procedures, the Chief Justice of the district People’s Court or Chief Justice of the Economic Court of the provincial People’s Court shall assign a Judge to consider accepting the petition, issuing a decision on commencing or not commencing bankruptcy procedures, and consider assigning one or three Judges to conduct bankruptcy procedures.
- Cases where there must be three Judges conducting bankruptcy procedures are provided in Section 4 of Part I of Resolution No. 03/2005.
- When conducting bankruptcy procedures, the Judge or head of the Judges’ Team can report to the Chief Justice of the district People’s Court or Chief Justice of the Economic Court of the provincial People’s Court to change (increase or decrease) the number of the composition conducting bankruptcy procedures.
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