According to Official Dispatch No. 73/TANDTC-PC dated March 19, 2025 of the Supreme People's Court on requesting opinions on the Draft Bankruptcy Law (amended).
Accordingly, the 3rd draft of the Draft Bankruptcy Law (amended) is built with 91 articles, with 8 chapters, including: Chapter I, general provisions (including 23 articles, from Article 1 to Article 23); Chapter II, rehabilitation procedures, has 4 sections with 17 articles. In which, section 1, accepting the request, has 2 articles, which are article 24 and article 25. Section 2, opening the recovery procedure, building a business recovery plan, has 9 articles from article 26 to article 34. Section 3, creditors' meeting, has 2 articles, which are article 35 and article 36. Section 4, implementing the business recovery plan, has 4 articles from article 37 to article 40.
Chapter III, bankruptcy procedures, also has 4 sections with 31 articles. In which, Section 1, acceptance of petition, has 3 articles: Article 41, Article 42 and Article 43. Section 2, opening bankruptcy proceedings, has 21 articles, from Article 44 to Article 64. Section 3, creditors' meeting, has 4 articles, from Article 65 to Article 68. Section 4, declaring enterprises and cooperatives bankrupt, has 3 articles: Article 69, Article 70 and Article 71.
Chapter IV, simplified bankruptcy and rehabilitation procedures, has 2 sections with 5 articles. In which, Section 1, simplified rehabilitation procedures, has 2 articles, which are Article 72 and Article 73. Section 2, simplified bankruptcy procedures, has 3 articles, which are Article 74, Article 75 and Article 76.
Chapter V, bankruptcy with foreign elements, with 2 articles, which are Article 77 and Article 78. Chapter VI, enforcement of decisions declaring enterprises and cooperatives bankrupt, has 6 articles from Article 79 to Article 85. Chapter VII, responsibilities of related parties, handling of violations and resolving complaints and denunciations, has 3 articles, which are Article 86, Article 87 and Article 88. Finally, Chapter VIII, enforcement provisions also has 3 articles, which are Article 89, Article 90 and Article 91.
VNBA requests member organizations to provide comments on this Project Profile.
Please send your comments (including word files) via email: lehoanghiep1511@gmail.com before March 26, 2025 for compilation (Contact phone number: 0961.654.596 - Mr. Hoang Hiep).
VNBA looks forward to receiving the attention and cooperation of member credit institutions.
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