Chương I Nghị định 22/2015/NĐ-CP hướng dẫn Luật Phá sản về Quản tài viên và hành nghề quản lý, thanh lý tài sản: Những quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of application and governed entities

1. This Decree shall provide detailed regulations on implementation of several articles of the Bankruptcy Law on the asset management officer; asset management and liquidation enterprise; asset management and liquidation practicing; expenses paid the asset management officer, and asset management and liquidation enterprise; and regulatory agency’s management of the asset management officer, and asset management and liquidation enterprise.

2. This Decree shall apply to the asset management officer, and asset management and liquidation enterprise, regulatory agencies in charge of management of the asset management officer, and asset management and liquidation enterprise as well as other organization or individual involved in the asset management and liquidation practicing.

Article 2. Principles of asset management and liquidation practicing

1. Comply with the Constitution and laws.

2. Adhere to the ethical code of the asset management officer.

3. Carry out their professional activities in an independent manner; be honest and unprejudiced; respect transparency.

4. Take legal responsibility for their practicing activities.

Article 3. Prohibited acts for the asset management officer, and asset management and liquidation enterprise

1. Prohibited acts for the asset management officer:

a) Lease, lend, or let other organizations or individuals use their own practicing certificate for the purpose of practicing asset management and liquidation profession;

b) In addition to expenses paid the asset management officer in accordance with legal regulations, give hints for or receive any sum or material interest from the person involved in bankruptcy proceedings or abuse the asset management officer’s power to gain benefits from individuals, organizations;

c) Abuse their duties and powers to collude with individuals, organizations for the purpose of gaining personal benefits;

Disclose information on the organization, operation of the insolvent enterprise or cooperative that the asset management officer has reached in the process of their practicing, unless otherwise permitted in writing by that enterprise or cooperative or stipulated by laws;

dd) Commit other acts of violation against laws or the ethical code of an asset management officer.

2. Prohibited acts for the asset management and liquidation enterprise:

a) Collude with the insolvent enterprise or cooperative in falsify contents relating to the asset management and liquidation practicing;

b) Hint or receive any sum or material benefits from involved parties in bankruptcies, or abuse their duties or powers to gain benefits from organizations or individuals other than payments that the asset management and liquidation enterprise is entitled to in accordance with laws;

c) Let other individuals or organizations to use their name or enterprise registration certificate for the purpose of practicing the asset management and liquidation profession;

Disclose information on the organization, operation of the insolvent enterprise or cooperative that the asset management and liquidation enterprise has reached in the practicing process, unless otherwise permitted in writing by that enterprise or cooperative or stipulated by laws;

dd) Commit other acts of violation against legal regulations.

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