Dissolution - Bankruptcy
When an enterprise considered bankruptcy

When an enterprise considered bankruptcy

Update: 31/8/2018 | 11:08:51 AM - Dragon Law Firm

Dragon Law firm, excellent lawyers in Hanoi, Vietnam will discuss about the topic "When an enterprise considered bankruptcy". In the course of operation business, risks to the business is natural. When an enterprise is no longer able to operate, they must conduct bankruptcy proceedings. It is what we will talk today on this article.

 

In the course of operation business, risks to the business is natural. When an enterprise is no longer able to operate, they must conduct bankruptcy proceedings. It is what we will talk today on this article.

Bankruptcy is a legal status of an insolvent entity that is declared bankrupt by the People’s Court. An insolvent enterprise or insolvent cooperative (hereinafter referred to as insolvent entity) is an enterprise or a cooperative having failed to meet the debt liability for 03 months from the deadline for repayment (Article 4, Law on Bankruptcy 2014). 

According to Article 2 of Law on Bankruptcy, bankruptcy  shall be applied to enterprises and cooperatives or cooperative unions (hereinafter referred to as cooperatives) which are established and run in accordance with the regulations of the law.

Bankruptcy Procedures (brief) for businesses in accordance with the Bankruptcy Law 2014 are summarized as follows: 

- The petitioner for bankruptcy filing must file an application requesting the People's Court to open the bankruptcy procedure.

- Subsequently, if the Court accepts the application, the court shall resolve the bankruptcy according to the following procedures: opening of bankruptcy proceedings; Appointing an administrator, an enterprise managing or liquidating assets; Determining the property obligations and taking measures to preserve the property; convening creditors' conferences; Application of business rehabilitation procedures (if any); The court decides to declare bankruptcy; executing the decision of declaring bankruptcy.

Article 54. Sequence of redistribution of assets

1. When the judge gives the Decision on the declaration of bankruptcy, the assets of the insolvent entity shall be redistributed in the following sequence:

a) Cost of bankruptcy

b) The unpaid salaries, severance pay, social insurance and medical insurance to employees, other benefits according to the labor contracts and collective bargaining agreements;

c) Debts incurred after the initiation of bankruptcy which are used for resuming the business operation.

d) Financial obligations to the Government; unsecured debts payable to the creditors on the list of creditors; secured debts which are not paid because the value of collateral is not enough to cover such debts.

2. The remaining amount of the asset value after every payment prescribed in Clause 1 this Article has been made shall belong to:

a) Members of the cooperative ;

b) Owners of the private enterprises;

c) Owners of the single member limited companies;

d) Members of multi-member limited liability companies , shareholders of the joint-stock companies;

dd) members of the partnerships;

3. If the value of the assets of the insolvent entity is not enough to make the payment as prescribed in Clause 1 this Article, the entities given the same priority shall be paid in proportion to the debt."

"Article 110. Financial obligations after Decisions to declare entities bankrupt are issued

1. The Decisions on declaration of bankruptcy prescribed in Articles 105, 106 and 107 of this Law do not exempt any owner of private enterprises, general partner of any partnership from fulfilling the financial obligations to the creditors having not received payments unless the involved entities have other agreement or the law has other regulations.

2. Any financial obligation incurred after any entity is declared bankrupt shall be handled under the regulations of the law on civil execution and other relevant law provisions."

Law on bankruptcy 2014, here 

For more detailed information, please contact: 

Dragon Law Firm - 1900. 599.979

Website: dragonlaw.vn

Facebook: https://www.facebook.com/hanoilawfirm/

Address: Room 6, floor 14, Vimeco Building, Pham Hung Street, Cau Giay District, Hanoi, Vietnam

or No 24, Alley 29, Tram street, Long Bien ward, Long Bien district, Hanoi, Vietnam


Other News

Registration Procedures for Company’s Representative Office

Registration Procedures for Company’s Representative Office

Representative office must carry the name of the enterprise, together with corresponding the supplement of representative office.

PROCEDURES FOR CHANGING THE HEAD OFFICE OF ONE MEMBER LIMITED LIABILITY COMPANY IN VIETNAM

PROCEDURES FOR CHANGING THE HEAD OFFICE OF ONE MEMBER LIMITED LIABILITY COMPANY IN VIETNAM

In the course of business operation, what if a one member limited liability company wants to change its head office? Good lawyers in Hanoi,Vietnam, Dragon Law Firm will advise you the needed procedures:

When an enterprise considered bankruptcy

When an enterprise considered bankruptcy

Dragon Law firm, excellent lawyers in Hanoi, Vietnam will discuss about the topic "When an enterprise considered bankruptcy". In the course of operation business, risks to the business is natural. When an enterprise is no longer able to operate, they must conduct bankruptcy proceedings. It is what we will talk today on this article.

Dragon Law Firm - Private Enterprise Registration Procedures

Dragon Law Firm - Private Enterprise Registration Procedures

Lawyers at Dragon Law’s office can assist you at any stage of company registration by providing you with comprehensive legal advice on the most strategic and cost effective way.

Lawyer in Litigation to Labor Dispute in Vietnam

Lawyer in Litigation to Labor Dispute in Vietnam

Lawyer - Dragon Law Firm consults, represents Clients to resolve disputes with employers or representatives of settling disputes in court for labor legal disputes. Please contact to labor dispute hotline 1900.599.979 to be answered.

Establishment Registration for Foreign Capital Investment Company

Establishment Registration for Foreign Capital Investment Company

Dragon Law Firm with high reputable lawyers and specialists in company establishment registration for foreign capital investment.

Wage Calculated Based On Sales, How To Pay Social Insurance?

Wage Calculated Based On Sales, How To Pay Social Insurance?

Dragon Law Firm provides the best legal consultation to Clients.

Tax Consultation for Foreign Capital Company

Tax Consultation for Foreign Capital Company

Dragon Law Firm provides the diverse, fast, accurate and efficient tax consultation related to corporate income tax, value added tax, special consumption tax, personal income tax and import - export tax.

Minimum Wage for Personal Income Tax?

Minimum Wage for Personal Income Tax?

Dragon Law Firm provides the fastest and most effective legal services. More detail information in 1900.599.979 will be directly consulted by the lawyers in taxation.

Difference between Dissolution and Bankruptcy

Difference between Dissolution and Bankruptcy

Although company dissolution and bankruptcy will lead the company to stop operating. However, the nature of the two procedures are completely different.

Back To Top