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The Supreme People's Court of Vietnam: Benchbook Online

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16. Convening and presiding at the meeting of creditors


Related legal documents
  • Bankruptcy Law (From Article 61 to Article 67)
  • 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 5 of Part IV)

  • Main duties and practical skills:

    • The Judge in charge of conducting bankruptcy procedures must prepare and be responsible for convening and presiding at the meeting of creditors.
    • The Judge must convene the meeting of creditors within thirty days from the finalization of the following tasks: making an inventory of assets owned by the enterprise or cooperative which has become insolvent and a list of creditors.
    • Notice of the meeting of creditors must be sent to all parties with the right to participate in the meeting of creditors and to those with the obligation to participate in the meeting of creditors. Attached to such notice shall be copies of the plan and agenda for the meeting.
    • The following parties shall have the right to participate in the meeting of creditors: creditors named on the list of creditors, a guarantor after they have paid a debt on behalf of the enterprise or cooperative which has become insolvent, a representative of employees and a union representative who has been authorized by employees, as provided in Article 14 of the Bankruptcy Law.
    • The following parties shall be obliged to participate in the meeting of creditors: legal or authorized representative of the enterprise or co-operative which has become insolvent, other persons who file the petition for commencement of bankruptcy procedures.
    • Where the Judge has to appoint a representative for the enterprise or cooperative to participate in the meeting of creditors, the Judge shall request the enterprise or cooperative or head of the asset management and liquidation team to nominate but according to an order provided in Section 1 of Part V of Resolution No. 03/2005.
    • Head of the asset management and liquidation team shall prepare the contents of the meeting of creditors and the draft of the resolution of the meeting.