Chương VI Nghị định 189-CP: Về hồ sơ yêu cầu giải quyết việc tuyên bố phá sản doanh nghiệp

VI. ON THE DOSSIER REQUESTING THE SETTLEMENT OF THE DECLARATION OF BANKRUPTCY OF A BUSINESS

Article 10.- A creditor when sending to the Court a request for settlement of the declaration of the bankruptcy of a business as stipulated at Article 7 of the Law on Business Bankruptcy has to enclose the following documents to testify to the debts:

1. A copy of the claim of a due debt;

2. The documents related to the settlement of disputes over the debt;

3. The documents testifying to the insolvency of the business. More concretely:

a/ With regard to borrowings, these are debt acknowledgement documents and other papers testifying to the due debts which are not yet repaid to the creditor;

b/ With regard to the debts arising out in the course of business activities, these are contracts of goods exchanges and dealing, or service contracts attached to the sales receipts or receipts of service supply, and other papers certifying that the dept is due but has not been repaid;

c/ With regard to the debts from the renting of properties, these are the renting contract, the minutes of the delivery of the properties and other papers testifying that the debt related to the renting of properties is due but not yet repaid by the business;

d/ With regard to the debts in tax and other budgetary debts, it is the tax returns and other vouchers whereby the business has the duty to repay to the State budget;

e/ With regard to the unpaid wages, work severance allowances, social insurance allowances and other interests of the laborers, it is the labor contract, the labor agreement, the working-day records, the test on completion of products or services, the records of salaries or wages, the certificates of social insurance payments and other vouchers related to other interests of the laborers;

f/ With regard to other debts, it is the comparative notes between the creditor and the indebted business.

4. Other documents, if deemed necessary.

Article 11.- When sending a request to settle the declaration of bankruptcy a stipulated at Article 9 of the Law on Business Bankruptcy, the legal representative of the business, the owner of the private business, the owner of a business with 100% of foreign investment where no managerial board has been set up must send the following documents:

1. The list of the creditors with specifications of their addresses, the debt to be paid to each creditor, the due debts the undue debts the guaranteed debts, the partially guaranteed debts, and the unguaranteed debts;

2. A report on the business situation during the six months before the business became insolvent;

3. A final statement of accounts and a detailed description of the financial situation in the last two years or from the moment the business began operating if it is a business which has operated for less than two years. This report must be certified by the audit agency. For a State-owned business, it must also be endorsed by the authorized State agency under current regulations;

4. A report on the financial measures already taken by the business to overcome insolvency;

5. A report on the responsibility of the Chairman and the members of the Managerial Council or the Managerial Board, or the Director or General Director, for the insolvency of the business.

6. A copy of the accounting documents including the synthetic book; the detailed inventory of the property, materials, commodities; the record of public debts; the record of advance money and other related accounting book at the request of the Court.

7. Other documents, if deemed necessary.

Article 12.- Besides the contents stipulated at Article 11 of this Decree, the legal representative of the business, the owner of the private business, the owner of the business with 100% of foreign investment where there is no managerial board, when requesting the declaration of bankruptcy, shall have also to send to the People’s Court at the provincial level a report on its capability of debt payment. This report shall have to cover the following main points:

1. Flotation cash, the remainder of deposits (in Vietnamese and foreign currencies), the value of gold, silver, gems and the value of all the papers which can be used in payment.

2. An inventory of the categories, volumes and value of materials, products and goods in stock, goods under transportation based on the book of accounts and estimated according to the market prices. In this inventory the business must specify the value of the marketable materials, products and goods, the value of those used as guarantee or collateral, and the valued of the unfinished materials, products and services which can be marketed or sold.

3. The value of the remaining fixed assets shall be evaluated on the basis of the accounting price and the estimate based on market prices. The business must specify which proper assets shall be used as guarantee or collateral, the value of unfinished infrastructure construction, including the money which can be recovered through the sale of these constructions.

4. The properties and capital contributed to the cooperation and joint ventures in which the recoverable capital must be specified.

5. The list of the debtors of the business with specifications of their addresses, and the debts to be recovered from each debtor, the due debt, the current debt and the recoverable debts.

6. The value of property right in all forms as prescribed by law.