AsianLII [Home] [Databases] [WorldLII] [Search] [Feedback] [Help]

The Supreme People's Court of Vietnam: Benchbook Online

You are here:  AsianLII >> Databases >> The Supreme People's Court of Vietnam: Benchbook Online >> 6. Determining scope of application of bankruptcy law

[Table] [Database Search] [Name Search] [Previous Part] [Previous Section] [Next Section] [Next Part] [Vietnamese] [Help]


 
6. Determining scope of application of bankruptcy law


Related legal documents
  • Bankruptcy Law (Article 2 and Article 4)
  • Resolution No. 03/2005/NQ-HDTP dated 28 April 2005 of the SPCJC providing guidelines for implementation of a number of provisions of the Bankruptcy Law 2005 (hereinafter referred to as Resolution No. 03/2005) (Section 1 of Part I)
  • of Decree No. 189/1994/ND-CP dated 23 December 1994 of the Government(Article 4)

  • Main duties and practical skills:

    The Judge must determine whether an enterprise or cooperative petitioned for commencement of bankruptcy procedures falls under application scope of the Bankruptcy Law 2005.

    • Until the Government provided new guidelines about the applicability of the Bankruptcy Law to special enterprises and cooperatives directly servicing national defence and security; and to enterprises and cooperatives operating in the sectors of finance, banking and insurance and in other sectors which supply regularly and directly essential public utility products and services, Article 4 of Decree No. 189/1994/ND-CP dated 23 December 1994 of the Government shall apply.
    • Upon receipt of a petition for commencement of bankruptcy procedures of a special enterprise or cooperative directly servicing national defence and security; and to enterprises and cooperatives operating in the sectors of finance, banking and insurance and in other sectors which supply regularly and directly essential public utility products and services, an enterprise or cooperative likely belonging to that kind of, the Judge should make a written document or directly discuss with the management body or upper level body of such enterprise or cooperative before deciding to accept or refuse the petition.