Chapter 6.
ACTS OF ADMINISTRATIVE VIOLATION, FORMS OF SANCTION AND REMEDIAL MEASURES IN THE FIELD OF ENTERPRISE AND COOPERATIVE BANKRUPTCY
Article 53. Obstructing, causing difficulties in the implementation of the application submission right
A caution or a fine of between VND 500,000 and 1,000,000 shal be imposed for the acts of obstructing the application submission right of the persons having the right to submit application for opening bankruptcy procedures against the enterprises and cooperatives that fall into the bankruptcy.
Article 54. Acts of violation of regulations on application submission obligation
A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of enterprise owner or enterprise or cooperative’s legal representative due to failing to submit application for opening the bankruptcy proceedings in the prescribed time limit.
Article 55. Acts of violation of regulations on obligation of document provision and paper presentation
1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed on the applicant for opening the bankruptcy procedures with one of the following acts:
a) Failing to provide or completely and in a timely manner provide documents prescribed by law on the requirement of People’s Court;
b) Failing to modify application and supplement documents or there is no time left for modification or supplementation of documents on the requirement of People’s Court;
2. A fine of between VND 1,000,000 and 3,000,000 shall be imposed on shall be imposed for the acts of enterprise owner or enterprise or cooperative’s legal representative of failing to present papers and documents within the prescribed time limit.
Article 56. Acts of violation of responsibility of the applicant for opening bankruptcy procedures.
1. A fine of between VND 5,000,000 and 10,000,000 shall be imposed for the acts of the applicant for opening bankruptcy procedures due to non-objectiveness, adversely affecting the honor, reputation and business operations of enterprises and cooperatives.
2. A fine of between VND 10,000,000 and 20,000,000 shall be imposed on the applicant who has fraudulent acts in requesting the bankruptcy procedures, adversely affecting the honor, reputation and business operations of enterprises and cooperatives.
Article 57. Acts of violation of regulation on operation of enterprise and cooperative upon decision on bankptcy procedures
1. A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of enterprise owner or enterprise or cooperative’s legal representative of failing to participate or appoint participant in property management and disposal group within the prescribed time limit of the People’s Court.
2. A fine of between VND 5,000,000 and 10,000,000 shall be imposed on the enterprise or cooperative after receiving the decision on opening the bankptcy procedures but having one of the following acts without the judge’s written consent:
a) Pledging, mortgaging, transferring, selling, donating and leasing property;
b) Receiving property from transfer contract;
c) Terminating the implementation of valid contract;
d) Borrowing money;
dd) Selling or converting shares or transferring property ownership;
e) Paying debts newly arising from business operation of enterprises or cooperatives, paying salary to employees in enterprises or cooperatives.
3. A fine of between VND 10,000,000 and 20,000,000 shall be imposed on the enterprises or cooperatives that have one of the following acts after receiving the decision on opening the bankruptcy procedures:
a) Hiding or dispersing property;
b) Paying unsecured debts;
c) Abandoning or reducing debt claims;
d) Converting unsecured debts into secured debt by enterprises’ properties;
4. Remedial measures:
Coercively restoring the initial condition which has been changed for the acts specified in Clause 2 and 3 of this Article.
Article 58. Acts of violation of regulations on time limit and obligations of property inventory
A fine of between VND 1,000,000 and 3,000,000 shall be imposed on the enterprises or cooperatives that fall into bankruptcy without making an inventory based on the detailed list submitted to the People's Court and determining the value of such property in the prescribed time limit.
Article 59. Acts of violation of regulations on obligation of credit organization where enterprises or cooperatives are subject to liquidation procedures with accounts.
1. A fine of between VND 20,000,000 and 30,000,000 shall be imposed on credit organizations where enterprises or cooperatives have their accounts from the date of receipt of the decision of the People's Court applying the liquidation procedures but still make payment of debts of such enterprises or cooperatives, except where payment is agreed in writing by the judge in charge of conducting bankruptcy;
2. A fine of between VND 30,000,000 and 40,000,000 shall be imposed on credit organizations where enterprises or cooperatives have their accounts from the date of receipt of the decision of the People's Court applying the liquidation procedures but still perform any any act aimed at clearing or payment of enterprises or cooperatives’ loan from credit organizations.
3. Remedial measures:
Coercively recovering payments made or cleared improperly for the acts specified in Clause 1 and 2 of this Article;
Article 60. Acts of violation of regulations on informed bankruptcy
A fine of between VND 3,000,000 and 5,000,000 shall be imposed on enterprises or cooperatives that fall into bankruptcy without public notice to their employees and laborers after receipt of decision on opening the bankruptcy procedures of the People's Court.
Article 61. Acts of violation of regulations on employees and laborers’ obligations related to bankruptcy procedures
1. A caution or a fine of between VND 500,000 and 1,000,000 shall be imposed on employees and laborers who have acts of concealing the enterprises or cooperatives’ property after being informed that the enterprises or cooperatives have received the decision on opening the bankruptcy procedures.
2. A fine of between VND 3,000,000 and 5,000,000 shall be imposed on employees and laborers who have acts of dispersing or transferring the enterprises or cooperatives’ property after being informed that the enterprises or cooperatives have received the decision on opening the bankruptcy procedures.
3. Remedial measures:
Coercively recovering the property dispersed or transferred for the acts specified in Clause 2 of this Article;
Article 62. Acts of violation of regulations on condition for application of business operation recovery procedures
A fine of between VND 1,000,000 and 3,000,000 shall be imposed on enterprises or cooperatives that fall into bankruptcy without preparing the plan for business operation recovery under the resolution of the first meeting of creditors and submitting to the competent People's Court within the prescribed time limit.
Article 63. Acts of violation of regulations on monitoring the implementation of plan for business operation recovery
A fine of between VND 1,000,000 and 3,000,000 shall be imposed on enterprises or cooperatives that fall into bankruptcy without submitting report on implementation of plan for business operation recovery to the competent People's Court within the prescribed time limit.
Article 64. Acts of violation of regulation on participation in creditor meeting
A fine of between VND 1,000,000 and 3,000,000 shall be imposed for the acts of enterprises or cooperatives’ owners or enterprises or cooperatives’ legal representatives, state-run enterprises’ owners, joint-stock company shareholders, partners of partnership companies that fall into bankruptcy and submit application for opening the bankruptcy procedures but do not participate in the meeting of creditors and authorize the others to join creditors' meeting without plausible reason.
Tìm kiếm
Nghị định 110/2013/NĐ-CP (Bản Word)
Nghị định 110/2013/NĐ-CP (Bản Pdf)
