Văn bản hợp nhất 04/VBHN-TANDTC năm 2025 hợp nhất Nghị quyết hướng dẫn Luật Phá sản do Tòa án nhân dân tối cao ban hành

RESOLUTION

PROVIDING GUIDELINES FOR IMPLEMENTATION OF SOME PROVISIONS OF LAW ON BANKRUPTCY

The Resolution No. 03/2016/NQ-HDTP dated August 26, 2016 of the Council of Justices of the Supreme People’s Court providing guidelines for implementation of some provisions of the Law on Bankruptcy, coming into force from September 16, 2016, is amended by:

The Resolution No. 02/2025/NQ-HDTP dated June 27, 2025 of the Council of Justices of the Supreme People’s Court providing amendments to some Resolutions of the Council of Justices of the Supreme People’s Court, coming into force from July 01, 2025.

THE COUNCIL OF JUSTICES OF THE SUPREME PEOPLE’S COURT

Pursuant to the Law on Organization of People’s Courts No. 62/2014/QH13 dated November 24, 2014;

For the purpose of proper and consistent application of some provisions of the Law on Bankruptcy No. 51/2014/QH13 dated June 19, 2014;

After obtaining the consent from the Prosecutor General of the Supreme People’s Procuracy and the Minister of Justice of Vietnam[1]. 

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Article 1. Scope [2]

This Resolution provides guidelines for implementation of some provisions of clause 14 Article 9, Article 70 and Article 104 of the Law on Bankruptcy.

Article 2.  [3] (abrogated)

Article 3. [4]  (abrogated)

Article 4. Reference to precedent-establishing decisions made in similar bankruptcy case as referred to in clause 14 Article 9 of Law on Bankruptcy

1. [5] In course of settling bankruptcy cases, judges must consider applying precedents to bankruptcy cases with similar legal circumstances.

2. Judges may refer to the Court’s decisions, which have been already in force, on bankruptcy cases of similar nature to the case currently being handled, in order to ensure the consistent application of laws to the handling of bankruptcy cases.

Article 5. Imposition of interim injunctive reliefs as referred to in Article 70 of Law on Bankruptcy

1. During the handling of a petition for initiation of bankruptcy proceedings, any entity having eligibility and liability for filing a petition for the initiation of bankruptcy proceedings as prescribed in Article 5 of the Law on bankruptcy, the asset management officer, or the enterprise providing asset management and liquidation services, can request the People’s Court competent to handle that bankruptcy case to make a decision on imposition of one or a number of interim injunctive reliefs mentioned in Clause 1 Article 70 of the Law on bankruptcy to preserve the assets of the insolvent enterprise or co-operative, and ensure the legitimate rights and interests of the employees as well as ensure the handling of that bankruptcy case.

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2. The following interim injunctive reliefs may be imposed as:

a) Decisions on granting permission to sell perishable goods, nearly-expired goods, goods unlikely to be consumed unless sold at the right time such as fresh foods, foods which are easily decomposed or hardly preserved; combustible, and explosive goods (such as petroleum, oil, liquefied petroleum gas and other combustible, and explosive substances); medicines, veterinary drugs and pesticides whose useful life remains less than 60 days; processed foods and other goods whose useful life remain less than 30 days; seasonal goods (such as seasonal consumable goods or goods served in public holidays or new year's festivals), luxury electronic products (computers, smart phones) and other goods and/or articles which shall be damaged, hardly be bought or whose useful life expires if they are not handled in a timely manner;

b) Decisions on granting permission for harvesting and selling farm products or other goods/ products in case farm products are at harvest time or other goods/products are hardly preserved for a long term;

c) Assets of an enterprise/co-operative shall be distrained if there are grounds that assets may be hided, destroyed or lost, or deteriorated. In case distrained assets must preserve the status quo and kept in a sufficient and secret way, the distrainment and sealing must be executed at the same time.

Distraining and sealing-up assets must be documented and distrained and sealed assets shall be managed by the entity that is requested to initiate bankruptcy proceedings, or asset management officer, or asset management enterprise, or the person who has the legal right to own and use such assets, or those in the custody of a competent civil judgment enforcement agency (if such assets are kept at a competent civil judgment enforcement agency) until a court’s decision is made;

d) Decision on blockage of bank accounts of an entity is made when that entity has accounts opened at banks, state treasuries and/or other credit institutions;

dd) Decision on blockage of assets kept by a custodian is made in case an entity's assets are being maintained by another entity;

e) Decision on sealing of store and/or fund, seizure and management of accounting books and relevant documents is made in cases where the store and/or fund, keeping and management of accounting books and relevant documents must be kept unchanged;

g) Decision on prohibition against transfer of rights over assets of an insolvent entity is made if there are grounds that rights over such assets will be transferred;

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i) Decision on prohibiting other relevant entities from performing certain acts or forcing them to do certain acts is made when there are grounds that their acts may cause influence on the bankruptcy case and/or legitimate rights and interests of involved entities;

k) Decision on compelling the employer to advance the salaries, wages, compensation, and occupational accident or disease benefits to the employees is made in necessary case to protect legitimate rights and interests of the employees with respect to their salaries, wages, compensation, and occupational accident or disease benefits as referred to by laws on labour, and occupational safety and hygiene;

l) Decision on imposition of other interim injunctive reliefs as referred to by laws is made if such measures are referred to by laws other than regulations in points a, b, c, d, dd, e, g and h clause 1 Article 70 of the Law on bankruptcy.

3. Procedures for imposition, change, cancellation or implementation of interim injunctive reliefs; effect of decisions on imposition, change, cancellation or implementation of interim injunctive reliefs; complaints and handling of complaints about decisions on interim injunctive reliefs shall be governed by laws on bankruptcy, civil procedures and civil judgment enforcement.

4. The court shall make a decision on cancelation of interim injunctive reliefs in the following cases:

a) The grounds for imposition of interim injunctive reliefs are invalid;

b) The court makes a decision on refusal to initiate bankruptcy proceedings;

c) The court makes a decision on suspension of bankruptcy proceedings;

d) The court makes a decision on suspension of procedures for resumption of business activities as referred to in point a clause 1 Article 95 of the Law on Bankruptcy;

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e) A decision on imposition of interim injunctive reliefs is made inconsistently with the laws.

5. Responsibility for improper imposition of interim injunctive reliefs:

a) The person requesting the court to employ interim injunctive reliefs shall assume responsibility under the law for his/her request. If the improper imposition of interim injunctive reliefs causes damage to the entity who is liable to such measures or the third party, the requester for such interim injunctive reliefs must make compensation as referred to by the civil laws;

b) The court that improperly imposes interim injunctive reliefs and causes damage to the entity being liable to such measures or the third party must make compensation as referred to in clause 2 and clause 3 Article 113 of the Code of Civil Procedures;

c) Entities committing violations against the law during the imposition of interim injunctive reliefs shall be handled as referred to in Article 129 of the Law on Bankruptcy.

Article 6. Decisions to declare credit institutions bankrupt as referred to in Article 104 of Law on Bankruptcy

1. Within 30 days from the day on which the asset management officer or the asset management enterprise makes a complete lists of creditors and debtors and the inventory of assets of a credit institution, the judge (or a group of judges) must perform the following acts before a decision is made to declare a credit institution bankrupt:

a) Verify the lists of creditors and debtors and the inventory of assets of that credit institution to ensure that they are properly prepared as referred to in Articles 64, 65, 67 and 68 of the Law on Bankruptcy;

b) Verify the repayment of special loans which that credit institution has received from the State Bank of Vietnam or other credit institutions as referred to by the Law on Credit Institutions.

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3. Within 10 working days from the date on which a decision to declare a credit institution bankrupt is made, this decision must be sent to the State Bank of Vietnam and its branch in province or city where that credit institution’s head office is located. At the same time the sending and announcement of decision on declaration of bankruptcy must be carried out as referred to in Article 109 of the Law on Bankruptcy.

Article 3. Effect [6]

1. This Resolution is ratified by the Council of Justices of the Supreme People’s Court on August 01, 2016 and comes into force from September 16, 2016.

2. Petitions for initiation of bankruptcy proceedings which have been filed before the effective date of this resolution but are still unsolved shall be governed by this resolution.

This resolution shall not be used as the basis for making appeals against decisions to declare enterprise/co-operatives bankrupt that took effect before the effective date of this resolution.

CERTIFIED BY

PP. CHIEF JUSTICE
DEPUTY CHIEF JUSTICE




Nguyen Van Tien

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