Decree 22/2015/nd-Cp: Detailing The Implementation Of A Number Of Articles Of The Law On Bankruptcy Of Financial Management And Practice Management, Liquidation Of Assets

Original Language Title: Nghị định 22/2015/NĐ-CP: Quy định chi tiết thi hành một số điều của Luật Phá sản về Quản tài viên và hành nghề quản lý, thanh lý tài sản

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
The DECREE detailing implementation of some articles of the law on bankruptcy of Financial Management and practice management, liquidation of assets _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ based on Government Organization Law of 25 December 2001;
Pursuant to the law on bankruptcy on June 19, 2014;
According to the recommendation of the Minister of Justice, the Government issued a decree detailing implementation of some articles of the law on bankruptcy of Financial Management and practice management, liquidation of assets.
Chapter I GENERAL PROVISIONS article 1. Scope and objects 1. This Decree detailing implementation of some articles of the law on bankruptcy of Financial Management, enterprise management, liquidation of assets, practice management, liquidation of assets, Financial Management, cost management, enterprise asset management and liquidation of State Management for your staff, Business Manager liquidation of assets.
2. This Decree shall apply to the management of your staff, business managers, liquidation of assets, the State Agency on Financial Management, enterprise management, liquidation of assets and the Organization, individuals are related to practice management activities, liquidation of assets.
Article 2. Principles of practice management, liquidation of property 1. In compliance with the Constitution and the law.
2. Comply with the ethical rules Governing your profession.
3. Ensure independence of professional service, honesty, transparency, objectivity.
4. Be responsible before the law on the activities of practice.
Article 3. The prohibited behavior for Financial Management, business management, liquidation of property 1. The prohibited behavior for your Management staff: a) for rent, lend or give personally, other organizations use professional management of your members to practice management, liquidation of assets;
b) hint or receive any sum of money or material benefits from participants for bankruptcy or taking advantage of your membership to Manage nominal profit from individuals outside the Organization, the cost of your Management staff is received in accordance with the law;
c) taking advantage of the tasks, powers to collusion with individuals, the organization aims to service benefit;
d) reveal information about organizations, activities of enterprises, cooperatives take liquidity that financial Management staff know during practice, except with cooperative business agree in writing or other specified legislation;
DD) other acts contrary to the provisions of the law, the rules of professional ethics Governing member.
2. The prohibited behavior for business management, liquidation of assets: a) collusion, the hook with cooperative business lost liquidity to falsify the content related to the activity of practice management, liquidation of assets;
b) hint or receive any sum of money or material benefits from participants for bankruptcy or taking advantage of the tasks and powers of the business to profit from external organizations, individual business management costs, liquidated the assets received under the provisions of the law;
c) For individuals and organizations that use the name, certificate of business registration to practice management, liquidation of assets;
d) reveal information about organizations, activities of enterprises, cooperatives take liquidity that business knows when in practice, except with cooperative business agree in writing or other specified legislation;
DD) other acts contrary to the provisions of the law.
Chapter II MEMBERS article 4 FINANCIAL MANAGEMENT. Certificate of practice Govern your membership 1. In the case prescribed in clause 1 article 12 of the law on bankruptcy like to practice management, liquidation of assets, the establishment of records suggest practising certificate to your Management staff. The records include: a) petition Certificate Management practice your membership form TP-QTV-1 attached to this Decree;
b) A capture cards lawyer for lawyers; snapshot of Auditors certificate for Auditors; snapshot of the Bachelor of law, economics, accounting, finance, banking for people who have a Bachelors in law, economics, accounting, finance, banking;
c) evidence of at least 5 years of experience in the field of training are certified by the Agency, where the Organization has a Bachelors in law, economics, accounting, finance, banking, employment;
d) 3 cm x 4 cm size color images 2. where necessary, the Ministry of Justice requested the proposed certificate of practice Govern your membership applicant criminal record.
2. foreign lawyers have been granted a license to practice as a lawyer in Vietnam under the provisions of the law on lawyers, auditors are foreigners in accordance with the law on auditors like to practice management, liquidation of assets, the establishment of records suggest practising certificate to your Management staff. The records include: a) petition Certificate Management practice your membership form TP-QTV-11 attached to this Decree;
b) snapshot of licensed lawyers in Vietnam for foreign lawyers by the Ministry of Justice level; snapshot of the certificate for the auditor the auditor is the alien by the Ministry of finance;
c) summary resume (self declaration);
d) 3 cm x 4 cm size color images 2.3. The proposed certification of practice Governing your employees send 1 record by mail or directly to the Ministry of Justice and the filing fee prescribed by law.
The case of the proposed certificate of practice Governing member member filing directly at the Ministry of Justice shall present the original documents specified in point b of paragraph 1 and point b Paragraph 2 this perspective.
The case of the proposed certificate of practice Govern your membership profile sent by post to the Department of Justice when required shall produce the original documents specified in point b of paragraph 1 and point b of this clause 2.
Within 20 days from the date of receipt of a valid application, the Ministry of Justice is responsible for the Financial Management practice certificate for the proposed form TP-QTV-11 attached to this Decree; in case of refusal to notify the reasons in writing.
The rejected certificate of practice Governing your members have the right to complain, to sue under the provisions of the law.
4. People belonging to one of the following cases shall not be granted the certificate of practice Governing member member: a) is not eligible to practice financial Stewardship members as defined in point a, point b item 2 article 12 of the law on bankruptcy;
b) of the circumstances stipulated in article 14 of the law on bankruptcy.
Article 5. To practice your Management staff 1. The person who has been issued a certificate of practice Govern your membership if the certificate is lost or damaged certificate can not be used shall be considered, again practice your Management staff.
2. the recommended records reissued Financial Management practice include: a) petition to practice financial Stewardship staff form TP-QTV-11 attached to this Decree;
b) 2 3 cm x 4 cm size color photos. 3. Someone suggested to practice your Management staff posted 7 record by mail or directly to the Ministry of Justice and the pay level prescribed by law. Within 15 days from the date of receipt of a valid application, the Ministry of Justice is responsible for reissuing the certificate of practice Govern your membership for the suggestion.
Article 6. Revocation of the certificate of practice Govern your membership 1. The Minister of Justice decided to revoke the certificate of practice Governing member member if the person has been issued a certificate of practice Govern your membership in one of the cases specified in paragraph 1 article 15 of the law on bankruptcy.
2. When discovered or grounded for that person has been issued a certificate of practice Govern your membership in one of the cases specified in paragraph 1 article 15 of the law on bankruptcy, the individual, agency or organization with the text proposed to the Minister of Justice to revoke the certificate of practice Governing member member of that person.
3. within 30 days from the date of receiving the written recommendation to revoke the certificate of practice Governing Member, Minister of justice review the decision to revoke the certificate of practice Govern your membership. The revoked certificate of practice Governing your members have the right to complain, to sue under the provisions of the law.
The decision to revoke the certificate of practice Govern your membership to be sent to the revoked certificate, the people's Court, the Department of Justice, central cities where your students practice with personal address or place of business transaction management, liquidation of assets that the revoked certificate of practice based and are posted on the mobile portal of the Ministry of Justice.
4. Manage your membership revoked the certificate of practice Governing your member names, account Manager list practice business management, liquidation of assets.
Article 7. Obligations of members active in Financial Management practice 1. Compliance with the principle of practice management, liquidation of the property specified in article 2 of this Decree.
2. Responsible for the operation of his career under the provisions of the law on bankruptcy.
3. Sign the report, the text of the results done right, its obligations under the provisions of the law on bankruptcy.
4. professional liability insurance as prescribed by law for cases Governing your practice with members as individuals.
5. the Department of Justice report, the central cities where registration of management practice activities, liquidation of assets under the guidance of the Ministry of Justice.
6. other obligations according to the provisions of the law on bankruptcy and related law.
Chapter III of PRACTICE management, LIQUIDATION of PROPERTY article 8. The form of the management of your practice staff 1. The forms of Financial Management practice include: a) practice with individuals;
b) practice in enterprise management, liquidation of assets by establishing or participating in established or working under contract for the business management, liquidation of assets.
2. At the same time, the Financial Management practice certificate only registered members of practice management, liquidation of assets in a business management, liquidation of assets or registered as individuals.
3. Manage your students practice with personal tax registration according to the provisions of the tax legislation.
Article 9. Subscribe to practice management, liquidation of assets with an individual 1. Who has professional management of your membership registration, liquidation of property management with individuals at the Justice Department, the central cities where people usually stay.

The registration management, liquidation of assets with an individual must have the address of the transaction.
2. The proposed register of practice management, liquidation of assets with an individual send 1 record by mail or directly to the Department of Justice and the registration fee as specified by the law. The records include: a) the recommended Paper registration management, liquidation of assets with an individual form TP-QTV-11 attached to this Decree;
b) snapshot of the professional management of your staff.
In case of need, the Justice Department required the suggested registration management, liquidation of assets with an individual applicant criminal record.
The case of the proposed register of practice management, liquidation of assets with an individual filing directly at the Department of Justice shall present the original documents specified in point b of Paragraph 2 of this Article to collate.
The case of the proposed register of practice management, liquidation of assets with an individual send by post to the Department of Justice when required shall produce the original documents specified in point b of Paragraph 2 of this Article.
3. within 7 working days from the date of receipt of a valid application, the Justice Department decided to inscribe the names of people registered on the list of suggested Financial Management, practice management, business liquidation of assets and the notice in writing to that person; in case of refusal, they must inform the reason in writing. The complaint is denied, the petitioner according to the provisions of the law.
Within 3 working days from the date of the decision to name the proposed register to list your Member Management, practice management, business liquidation of assets, the Justice Department submitted a list of Financial Management, practice management, business liquidation of assets to the Ministry of Justice.
The text in the list of your Member Management, enterprise management, asset liquidation is based demonstrate how practice management, liquidation of assets your students practice with individuals.
4. The proposed register of practice management, liquidation of assets since the day the Justice Department decided to write the name on the list of Financial Management, practice management, business liquidation of assets. Manage your students practice management, liquidation of assets on the whole territory of Vietnam.
Case management of your staff with individual practice ended the practice of management, liquidation of assets, they must send a written notice to the Department of Justice. The Justice Department decided to remove that Member from the list of Financial Management Manage your business, practice management, asset liquidation and report the Ministry of Justice.
5. The following may not be registered to practice management, liquidation of assets with an individual: a) are not eligible as defined in article 12 of the law on bankruptcy;
b) In one of the cases specified in article 14 of the law on bankruptcy;
c) People are forbidden to practice management, liquidation of property under a judgment or decision of the Court was in effect.
6. Lawyers, auditors are simultaneously practice management, liquidation of assets according to the provisions of the law on bankruptcy.
Article 10. Business management, liquidation of property 1. Business management, liquidation of property are established and functioning in the form prescribed in clause 1 article 13 of the bankruptcy code. The establishment, organization, management and operation of business management, liquidation of assets subject to the provisions of the law regarding corporate and insolvency legislation.
2. Branches, representative offices of business management, liquidation of property are established and operate in accordance with the law on business.
Business management, asset liquidation sent at least 1 Financial Management staff acting within their business practice at the branch.
Representative offices of business management, liquidation of assets not practice management, liquidation of assets.
Within 7 working days from the date of being granted a certificate of registration operations branch, Representative Office, business management, liquidation of assets to send written notice to the Department of Justice, the central city where the enterprise has its head office; in the case of established businesses, branch offices in the province, central cities other than where the enterprises are located, the enterprise to send written notice to the Department of justice where branch offices, which are headquartered.
3. The Department of Justice established the list of branches, representative offices of business management, local property liquidation, published on the electronic portal of the Department of Justice and Department of Justice report.
Article 11. Partnership members of partnerships of private business owners, management, liquidation of property 1. Partnership members of management companies, liquidation of assets is the Financial Management staff are not at the same time doing private business owners or members of partnerships partnerships practice management, liquidation of other assets to practice management, liquidation of assets, except with consent of the Partnership members.
2. When changing a member partnership of companies specified in point a of Paragraph 2 article 13 of the bankruptcy code or change the private business owner specified in point b of Paragraph 2 article 13 of the law on bankruptcy, the latest 10 days after making the change, partnerships , private business must register for practice management, liquidation of assets for new partnership members or new private business owners. Order and registration procedures are performed as specified in paragraph 2, paragraph 3 of article 12 of this Decree. Partnership members of new partnerships, new private business owners must comply with the provisions in paragraph 1 of this article.
Article 12. Subscribe to practice management, liquidation of property for business management, liquidation of property 1. Business management, liquidation of assets that qualify the provisions in paragraph 2 of article 13 the Bankruptcy Law after being issued a certificate of registration of enterprise registration, liquidation of property management with the Department of Justice, the central city where the business is based.
Business management, liquidation of property registration, liquidation of property management for your Management staff in its business practice. In the case prescribed in clause 5 article 9 of this Decree shall not be registered to practice management, liquidation of assets in enterprise management, liquidation of assets.
2. Business Management, liquidation of assets posted 01 record suggest registration management, liquidation of assets by post or directly to the Department of Justice and the registration fee as specified by the law. The records include: a) the recommended Paper registration, liquidation of property management under model TP-QTV-11 attached to this Decree;
b) snapshot of the business registration certificate;
c) snapshot of the professional management of your membership of the Partnership members, the Director General or directors of companies specified in point a of Paragraph 2 article 13 of the bankruptcy code; snapshot of practice Governing member member of the others practice management, liquidation of assets in the partnerships (if applicable); snapshot of the professional management of your membership of the private business owner specified in point b of Paragraph 2 article 13 of the bankruptcy code; snapshot of practice Governing member member of the others practice management, liquidation of assets in private business (if any).
In case of need, the Department of Justice requesting registration proposal business management practice, asset liquidation filed criminal Votes of those specified in point c of Paragraph 2 of this Article.
The business case proposal submission registration management, liquidation of assets directly in the Department of Justice shall present the original documents specified in point b, point c, Paragraph 2 of this Article to collate.
Send business case proposal registration management, liquidation of assets by post to the Department of Justice when required then must present original documents specified in point b, point c, Paragraph 2 of this Article.
3. within 7 working days from the date of receipt of a valid application, the Justice Department decided to record the business name on your Stewardship staff list, business practice, management and asset liquidation notice in writing to the business; in case of refusal to notify the reasons in writing. Enterprise rejected complaint, claims under the provisions of the law.
Within 3 working days from the date of the decision to record the business name on your Stewardship staff lists, practice management, business liquidation of assets, the Justice Department submitted a list of Financial Management, practice management, business liquidation of assets to the Ministry of Justice.
4. Enterprise Management, liquidation of assets be practicing management, liquidation of assets since the day the Justice Department decided to write the name on the list of Financial Management, practice management, business liquidation of assets. Enterprise case management, liquidation of property cease operations, terminate the practice of management, liquidation of assets, they must send a written notice to the Department of Justice. The Justice Department decided to remove the name from the list of Enterprise Resources Management, practice management, business liquidation of assets and the reporting of the Ministry of Justice.
Article 13. The obligation of the enterprise management, liquidation of assets in active practice 1. Manage your membership Management practice in the business.
2. Be responsible before the law for occupational activity by your staff that constituencies business prescribed in clause 2, Clause 3 article 16 of this Decree.
3. the legal representative of the enterprise management, asset liquidation is responsible for reviewing, signing the text by your staff acting within their business done.
4. professional liability insurance for your membership Management practice in the business under the provisions of the law.
5. the Department of Justice report, the central cities where registration of management practice activities, liquidation of assets under the guidance of the Ministry of Justice.
6. other obligations prescribed by law.
Article 14. Set, publish a list of your Member Management, practice management, business liquidation of assets

1. The Justice Department establish and publish the list of members, Corporate Financial Management practice management, liquidation of assets in their local form TP-QTV-11 attached to this Decree. List your Member Management, practice management, business liquidation assets are posted on the electronic portal of the Department of Justice and Department of Justice report.
2. The Ministry of Justice and published a list of your Member Management, practice management, business liquidation of assets on a national scope according to the form TP-QTV-11 attached to this Decree. List your Member Management, practice management, business liquidation assets are posted on the electronic portal of the Ministry of Justice.
Article 15. Change the registration information of your Management staff practitioners business practice, management, liquidation of property 1. When there is a change of address transaction records registering of practice management, asset liquidation shall within 7 days from the date of the change, Manage your students practice with individual send suggested text to adjust information registration management, liquidation of assets by post or directly to the Department of Justice the central cities, where your membership registration.
Within 3 working days from the date of receiving the written recommendation of the Financial Management, the Department of Justice to change the address information of the Financial Management transactions in your Management staff listing, practice management, business liquidation of assets.
2. When there is a change of name, Head Office, branches, representative offices, legal representative, a list of your Member Management practice in enterprise management, asset liquidation shall within 7 working days from the date the record was added to the register of enterprises under the provisions of the law on business business, management, liquidation of assets sent the text suggested adjusting the registration information of practice management, liquidation of assets by post or directly to the Department of Justice, the central city where the registered business.
Within 3 working days from the date of receipt of the business, the Justice Department changed the information on the name, Head Office, branches, representative offices, legal representative, the list of members in the practice of financial management of enterprises in the list Manager, corporate financial management practice liquidation of assets.
In the case of enterprise management, liquidation of assets Management supplement your staff practicing in business, the business must register for the practice are added. Order and registration procedures for those added to the list of your Member Management practice within the enterprise are made according to the provisions in paragraph 2, paragraph 3 of article 12 of this Decree.
3. within 3 working days from the date of change registered information prescribed in clause 1 and clause 2 of this article, the Department of justice the Department of Justice report on the changes.
Article 16. Notice in the bankruptcy of Financial Management, enterprise management, liquidation of property 1. Within 7 working days from the date of receipt of the judge conducting the procedure of bankruptcy, management of your staff with individual practice to send written notice to join the bankruptcy case to the judge, which clearly the name, number, date of grant of the certificate of practice Governing Member; in case of refusal in the bankruptcy, your staff are notified in writing.
2. within 7 working days from the date of receipt of the judge conducting the procedure of bankruptcy, corporate management, asset liquidation sent the text sent to your Management staff in its business practice represents businesses join the bankruptcy case for judge , which specify the name, number, date of grant of the certificate of practice Governing member of the management staff member or the management of your members are elected; in case of refusal in the bankruptcy, the business must inform in writing.
3. In the case of Financial Management are management business, liquidated the assets of election as stipulated in Paragraph 2 of this Article is temporarily suspended the practice of management, liquidation of assets according to the provisions of article 20 of this Decree within 3 working days from the date of your Management staff was being temporarily suspended the practice business, management, liquidation of assets other financial Management Bachelor degree in business practice instead.
Enterprise case management, liquidation of assets could not be sent to your Member Management practice in alternative business shall notify in writing to the judge conducting the bankruptcy procedure to specify your other members of management or business management, liquidation of other assets.
Article 17. Responsibility of management reports, financial management, business liquidation of assets for Executive Member; proposed changes to the Financial Management, enterprise management, liquidation of property 1. When organizing the valuation of the property as defined in Article 122 of the law of bankruptcy, sale of property under the provisions of article 124 of the law on bankruptcy, Financial Management, business management, asset liquidation report Executive Member in the following cases: a) the selection of appraisal organizations the auction, held assets to contracts, property valuations contracted property auction;
b) the change of valuation organizations, organized the auction of the property;
c) do not choose hosted valuation, asset auction organization;
d) Sell property auctions fail.
Form of reports made in accordance with Paragraph 49 of the Bankruptcy Law Thing 2.
2. Upon receipt of the report the selection, change of valuation organizations Manage your staff, business managers, liquidation of assets specified in point a, Point b of paragraph 1 of this article, if Management detected your staff, business managers, liquidation of assets have violations of the provisions of the law on bankruptcy , law of property valuation leads to skewed results property valuation, Executive member requirements, financial management, business liquidation of assets made the revalued assets, except your Member Management, enterprise management, liquidation of assets that are changed under the provisions of paragraph 1 and Paragraph 2 Article 17 of this Decree.
Within 3 working days from the date of receiving the report of the Financial Management, enterprise management, liquidation of assets according to the provisions in point c of Paragraph 1 of this article, the Executive Member of decision choosing appraisal organization, held an auction of the property.
Within 3 working days from the date of receiving the report of the Financial Management, enterprise management, liquidation of property as defined in Paragraph 1 of this article a d, Executive member decide to liquidate assets.
3. In the case of Executive Member of management detection business, financial management, liquidation of property rights, violations of obligations under the rules of the law of bankruptcy, business conduct Rules Governing member member executive member suggested the judge change your Member Management, business management liquidation of assets.
Article 18. Change your Member Management, enterprise management, liquidation of property 1. Manage your staff, business managers, liquidation of assets could be judges decided to change if one of the circumstances specified in paragraph 1 to article 46 of the law on bankruptcy.
2. Manage your staff, business managers, liquidation of assets being the judge change if in the case of temporary suspension of practice management, liquidation of assets according to the provisions of article 20 of this Decree.
3. where the Financial Management, enterprise management, liquidation of assets be changed as specified in paragraph 1 of this article shall refund the advance payment, the payment of the cost of your membership Management, enterprise management, liquidation of assets, handing the job to be done according to the provisions in paragraph 6 Clause 7 and Clause 8, Article 46 of the law on bankruptcy.
Case Management, financial management, business liquidation of assets be changed according to the provisions in paragraph 2 of this Article, your staff, business managers, liquidation of assets to pay back the entire amount of the advance costs of management, financial management, business liquidation of assets. Manage your staff, business managers, liquidation of assets be paid costs corresponding to the portion of the work was done. Manage your staff, business managers, liquidation of assets make handing the work prescribed in clause 7 and Clause 8 Article 46 of the law on bankruptcy.
Article 19. The case of the Financial Management, enterprise management, liquidation of assets must refuse to perform active management, liquidate assets Financial Management, enterprise management, liquidation of assets must refuse to perform management activities, liquidation of assets in the following cases: 1. Who is involved with the business cooperative lost solvency in accordance with the law on business.
2. When there is evidence that the judge conducting the procedure of bankruptcy, civil enforcement agencies request contrary to the provisions of the law, principles of practice management, asset liquidation or is inconsistent with ethical rules Governing your profession.
3. Other cases prescribed by law.
Article 20. Suspension from practice for Financial Management, business management, liquidation of property 1. Manage your membership is temporarily suspended the practice if in one of the following cases: a) are being prejudice criminal liability;
b) are being applied to administrative processing measures;
c Financial Management staff) is lawyer was stripped of the right to use the certificate of practice Attorney in accordance with the law on handling administrative violations in the field of Justice or be disciplined by suspension from Union membership of lawyers under the provisions of the law on lawyers;
d Financial Management staff) is the auditor of practice be deprived of the right to use the registered certificate of practice audit, audit practice suspended under the provisions of the law on handling administrative violations in the field of independent audit; manage your Member's auditor was stripped of the right to use the Certified Auditors under the provisions of the law.
2. Business Management, asset liquidation is temporarily suspended the practice of management, liquidation of assets in the following cases:

a) partnerships partnership members that change does not guarantee the conditions specified in point a of Paragraph 2 article 13 of the bankruptcy code; private enterprises change business owners that do not guarantee the conditions specified in point b of Paragraph 2 article 13 of the bankruptcy code;
b) Partnership members of partnerships is temporarily suspended the practice of management, liquidation of property prescribed in paragraph 1 of this article leads to partnerships does not guarantee the conditions specified in point a of Paragraph 2 article 13 of the bankruptcy code; private business owner is temporarily suspended the practice of management, liquidation of property prescribed in paragraph 1 of this article leads to private business does not guarantee the conditions specified in point b of Paragraph 2 article 13 of the bankruptcy code.
3. time suspension from practice management, liquidation of assets for cases specified in point a, point b Account 1 and Account 2 this maximum is 12 months. In case the above mentioned suspension time out which reason temporary suspension of practice management, liquidation of assets is still the time to temporarily suspend further stretched, each not exceeding 12 months.
Time suspension from practice management, liquidation of assets for cases specified in point c of Paragraph 1 of this article follow the decision sanctioning administrative violations of the competent agency or disciplinary decision of the Chairman of the Board of the Association.
Time suspension from practice management, liquidation of assets with respect to the case specified in clause 1 of this DD Points made by decision sanctioning administrative violations of the competent bodies.
4. Manage your staff, business managers, liquidation of assets be rescinded the decision to temporarily suspend the practice management, liquidation of assets before the deadline in the following cases: a) Has decided to suspend the investigation, to suspend the case or the judgement of the Court has in effect declared not guilty for the financial management of members stipulated in art. 1 of this article;
b your membership no longer being) apply measures to handle the administration under the provisions of the law on handling administrative violations specified in point b of Paragraph 1 of this article;
c) partnerships that meet the conditions specified in point a of Paragraph 2 article 13 of the bankruptcy code; private enterprises that meet the conditions specified in point b of Paragraph 2 article 13 of the law on bankruptcy provisions in clause 2 of this Thing.
5. The Justice Department has the authority to temporarily suspend, renew, cancel the suspension of activities of practice management, liquidation of assets for Financial Management, business management, liquidation of assets.
6. decision on suspension, renewal and cancellation of the temporary suspension of practice management, liquidation of assets be submitted to your Manager, business management, liquidation of assets, the people's Court of the central cities, where your staff Management practice with personal address or place of business transaction management asset liquidation, which govern your membership is temporarily suspended are practice based, the Ministry of Justice and published on the electronic portal of the Department of Justice.
Article 21. The cost of your membership Management, enterprise management, liquidation of property 1. The cost of your membership Management, enterprise management, liquidation of assets to be paid from the value of the property of the cooperative business lose their ability to pay. The cost of your membership Management, enterprise management, liquidation of assets including your Management staff remuneration, corporate management, liquidation of assets and other costs.
2. the remuneration shall be calculated based on the following bases: a Financial Management staff time) used to perform the task;
b the management of your membership) in the performance of duty;
c) results of the task execution account Management staff.
3. Remuneration is calculated based on one or the following method: a) working hours of your Management staff;
b) wage package;
c) wage calculated according to the percentage of the total value of the assets of the cooperative enterprises were declared bankrupt obtained after liquidation.
4. The level of remuneration is determined as follows: a) for cases of people's Court decision to suspend the bankruptcy procedure as defined in article 86 of the Bankruptcy Law, the wage by the judge conducting the procedure of bankruptcy and Financial Management, business management asset liquidation agreement, on the basis of the review, apply the base stipulated in paragraph 2 and paragraph 3 regulation method of this;
b) for cooperative enterprises were declared bankrupt according to the provisions in paragraph 3 to article 80, paragraph 4 to article 83, paragraph 7 Article 91 of the Bankruptcy Law, the level of remuneration is determined as follows: General property values obtained after the liquidation of wage 1 Under 100 million of 5% of the total value of assets obtained after liquidation 2 From 100 million Council to 500 million base salary 5 months under the provisions of the law of the base salary for public servants and the armed forces + 4% of the value of assets obtained after liquidation exceeds 100 million 3 From 500 million to over 1 billion 20-base salary under the provisions of the law of the base salary for officers , public servants and the armed forces + 3% of the property value obtained after liquidation exceeds 500 million 4 From above 1 billion to 10 billion, 36 base salary under the provisions of the law of the base salary for public servants and the armed forces + 2% of the value of assets obtained after the liquidation of excess 1 billion 5 From over 10 billion to 50 billion for the remuneration Level of asset value obtained after liquidation to 10 billion determined under section 4 of this table + 0.5% of the value of assets obtained after liquidation exceeds 10 billion 6 From over 50 billion for the remuneration Level of asset value obtained after liquidation to 50 billion defined under section 5 of this table + 0.3% of the value of assets obtained after liquidation exceeds 50 billion.


c) for cooperative enterprises were declared bankrupt in accordance with point b or c paragraph 1 to article 95 of the Bankruptcy Law, the remuneration including remuneration levels are determined according to each case specified in point b of this clause 4 plus compensation monitoring the operations of the business in the business process cooperative lost liquidity made trading recovery projects. Compensation monitoring the operations of the business by the judge and Govern your business, management, liquidation of assets on the basis of agreement pursuant to the provisions in clause 2 and clause 3 of this article;
d) for cases of cooperative enterprise in the case done business recovery approach defined in art. 1 Article 95 of the Bankruptcy Law, the wage by the judge conducting the procedure of bankruptcy and Financial Management, business management, liquidation of assets on the basis of agreement pursuant to the provisions in clause 2 and clause 3 This thing.
5. In the case of the Conference and your creditors or business management, liquidation of assets have different agreements regarding wage prescribed in paragraph 4 of this Article shall apply remuneration levels under that agreement.
6. In the case of bankruptcy of credit institutions as defined in Chapter VIII of the Bankruptcy Code, the Financial Administration staff remuneration, corporate management, liquidation of assets is determined as defined in point a, point b paragraph 4 of this Article.
7. other costs of Financial Management, enterprise management, liquidation of assets including money, stay and other reasonable expenses for implementing management activities, liquidation of assets. The sound of other fees, settlement of Financial Management, enterprise management, liquidation of assets is done according to the provisions of the current law.
8. Judge conduct the bankruptcy procedure based on each particular case to decide the extent of the advance costs of management, financial management, business liquidation of assets. Manage your staff, business managers, liquidation of assets receiving advance costs made the stick, settlement under the provisions of the law on finance, accounting.
Chapter IV ADMINISTRATION of FINANCIAL MANAGEMENT, ENTERPRISE management, LIQUIDATION of PROPERTY Article 22. The responsibility of the Department of justice the Department of Justice is helping government agencies implement unified state management on your staff, business managers, liquidation of assets and of practice management, liquidation of property within the country, whose task, the following powers: 1. Drafting, the competent State agencies issued or issued under the authority of the text specified and guiding the implementation of the law on Financial Management, enterprise management, liquidation of assets and of practice management, liquidation of assets.
2. Grant, revoke, replace the certificate of practice Govern your membership.
3. Promulgation of Rules Governing business conduct Member, text templates, papers in the field of management, liquidation of assets.
4. Set, publish, and manage the list of your Member Management, practice management, business liquidation of assets within the country; build a database of Financial Management, enterprise management, liquidation of assets.
5. test, inspection of the activity of practice management, liquidation of assets.
6. Implementing measures to support career development management, liquidation of assets.
7. International cooperation on Financial Management and practice management, liquidation of assets.
8. Complaints, accusations and handle infringement on management practice activities, liquidation of assets.
9. Perform other duties and powers prescribed by the law.
Article 23. The responsibility of ministries, ministerial agencies 1. Ministries, ministerial agencies, within the scope of its powers, duties, are responsible for coordinating with the Department of Justice in the management of State-run enterprises, financial management, asset liquidation and of practice management, liquidation of assets.
2. Minister of finance regulation on currency lodging, management and use of the fee level, professional level of management Member; the registration fee of practice management, liquidation of assets.
Article 24. The responsibility of the provincial people's Committee, the central cities

1. the people's committees of provinces and cities under central State management implementation on your staff, business management, liquidation and asset management practice, liquidate assets locally, has the following powers, duties: a registered organization) practice management, liquidation of assets and manage your membership Management business, management, liquidation of assets locally;
b) testing, inspection and process your membership Management for infringement, enterprise management, liquidation and asset management practice activities, liquidation of assets in the local scope according to the authority;
c) complaints, accusations about Financial Management, enterprise management, liquidation and asset management practice activities, liquidation of assets by the authority;
d) annual report of the Ministry of Justice on your staff, business managers, liquidation of assets and activities of practice management, local property liquidation;
DD) implemented measures to support career development management, local property liquidation;
e) other rights, duties under the provisions of the law.
2. The Department of Justice helps people's Committee of the central cities, performing State management functions on your staff, business managers, liquidation of assets and activities of practice management, local property liquidation, have the task, the following powers: a) registration , announced the list of Financial Management, practice management, business liquidation assets locally;
b) temporarily suspend, renew, cancel the suspension of practice management, liquidation of assets for Financial Management, business management, liquidation of assets; delete your membership Manager name, enterprise management, liquidation of the property from the list of your Member Management, practice management, business liquidation of assets;
c) scrutinize, statistics and reports about your Management staff, enterprise management, liquidation of assets, activities of practice management, local property liquidation; reviewing, discovered the case in an professional recall Govern your membership and recommend to the Minister of Justice to revoke the certificate of practice Governing member staff according to the rules;
d) testing, inspection and process your membership Management for infringement, enterprise management, liquidation and asset management practice activities, liquidation of assets in the local scope according to the authority;
DD) complaints, accusations about Financial Management, enterprise management, liquidation and asset management practice activities, liquidation of assets by the authority;
e) reported the people's Committee in the province, central cities, the Ministry of Justice on your staff, business managers, liquidation of assets and activities of practice management, local property liquidation regularly every year and at the request of the competent authority;
g) other rights, duties under the provisions of the law.
Article 25. Handle violation with regard to the infringement of rights, legitimate interests of Financial Management, enterprise management, liquidation of assets who have the infringement of rights, legitimate interests of Financial Management, enterprise management, liquidation of assets or hinder your staff Management, corporate management asset liquidation, then practice depending on the nature and extent of the violation being disciplined or suffer prejudice criminal liability; If the damage is compensated according to the provisions of the law.
Article 26. Handle violation for individuals, organization of practice management, liquidation of illegal assets 1. Individuals not eligible to practice management, liquidation of assets that practice management, liquidation of assets under any form would then be forced to end the violations, fines under the provisions of the law on handling administrative violations or prejudice criminal liability; If the damage is compensated according to the provisions of the law.
2. The organization does not qualify to practice management, liquidation of assets that practice management, liquidation of assets under any form would then be forced to end the violations, dealt with under the provisions of the law on handling administrative violations; If the damage is compensated according to the provisions of the law.
Article 27. The complaint, report 1. Manage your staff, business managers, liquidation of property has the right to appeal against administrative acts, decisions of the enforcement agencies and bodies, other organizations when that base decisions, administrative acts which violate rights, legitimate interests of your members business, management, liquidation of assets. The resolution of the complaint comply with the provisions of the law on complaints, the law on the enforcement of the judgment.
2. The individual has the right to report to the competent State authorities about the violations of the law on bankruptcy, the business conduct rules Govern your membership. The settlement report comply with the provisions of the law about the accusations.
Chapter V PROVISIONS Enacted 28. Transitional provisions 1. With respect to the request to open a bankruptcy procedure has been accepting the people's Court before 1 January 2015 that have established management, liquidation of assets according to the provisions of the law on bankruptcy No. 21/2004/QH11, if come January 1, 2015 that management, liquidation of assets not yet completed tasks powers, management, liquidation of assets continues to perform the duties and powers with respect to the bankruptcy case.
The case of the judge conducting a bankruptcy procedure specifying that are your staff, business managers, liquidation of assets according to the provisions of the law on bankruptcy No. 51/2014/QH13 and this decree with regard to the request to open a bankruptcy procedure outlined on it management, asset liquidation termination of activity and dissolved under the provisions of the law on bankruptcy No. 21/2004/QH11. Manage your staff, business managers, liquidate assets continue to perform management tasks, liquidation of assets for bankruptcy cases, excluding the work that management, liquidation of property made within the scope of the duties and powers prescribed by the law on bankruptcy No. 21/2004/QH11. The result of work by management, liquidation of property taken is recognized and valued use under the provisions of the law on bankruptcy No. 51/2014/QH13.
2. To request the opening of insolvency procedures were accepting the people's Court before 1 January 2015 that have not yet established management, liquidation of assets according to the provisions of the law on bankruptcy No. 21/2004/QH11, to January 1, 2015, the judge conducting the bankruptcy procedure specifying your Member Management business, management, liquidation of assets according to the provisions of the law on bankruptcy No. 51/2014/QH13 and this Decree.
Article 29. Effect 1. The Decree has effect from the date of April 6, 2015.
2. Abolition of regulations on management of asset liquidation, the legal text: a) Clause 3 article 1, paragraph 2, article 11 and article 2 of chapter III of Decree 66/2006/ND-CP on 11 July 2006 the Government guide the application of the Bankruptcy Law for special business and organization activities, management, liquidation of assets.
b) article 6, article 7, paragraph 1 article 17, paragraph 3 article 27, paragraph 3, and article 31, paragraph 2, Clause 3 Article 40 of Decree No. 05/2010/ND-CP dated 18 January 2010 in government regulation of the application of the law on bankruptcy for credit institutions.
Article 30. Responsibility 1. The Ministers, heads of ministerial agencies, heads of government agencies, the Chairman of the provincial people's Committee, the central cities is responsible for the implementation of this Decree.
2. The Minister of Justice is responsible for guiding the implementation of this Decree.