Chapter II
ASSET MANAGEMENT OFFICER
Article 4. Grant of the asset management officer’s practicing certificate
1. The persons, as stipulated in Clause 1 Article 12 of the Law on Bankruptcy, who wish to practice asset management and liquidation profession shall file their application for grant of the asset management officer's practicing certificate. The application shall consist of the following documentation:
a) An application form for grant of the asset management officer’s practicing certificate by filling the form No. TP-QTV-01 issued herewith;
b) A copy of the lawyer’s card, if the applicant is a lawyer; a copy of the auditor’s certificate, if the applicant is an auditor; a copy of the bachelor’s degree in law, economy, finance and banking, if the applicant has graduated from the degree program in these academic sectors;
c) Any document to show that the applicant has achieved at least 5 years' experience of their training fields which must be attested by the agency or organization where these bachelor’s degree holders are working;
d) 2 color photos, size 3cm x 4cm.
When necessary, the Ministry of Justice shall require the applicant to submit the criminal record.
2. Foreign lawyers who have obtained the lawyer’s practicing certificate in Vietnam as prescribed in the law on lawyer, or auditors who have the foreign nationality in accordance with legal regulations on audit and wish to practice asset management and liquidation profession, shall file their application for grant of the asset management officer's practicing certificate. The application shall consist of the following documentation:
a) An application form for grant of the asset management officer’s practicing certificate by filling the form No. TP-QTV-02 issued herewith;
b) A copy of the lawyer’s practicing certificate issued by the Ministry of Justice in Vietnam, if the applicant is a foreign lawyer; a copy of the auditor’s certificate issued by the Ministry of Justice, if the applicant is a foreign auditor;
c) A self-declared curriculum vitae;
d) 2 color photos, size 3cm x 4cm.
3. The applicant must send 01 set of documents submitted to apply for grant of the asset management officer’s practicing certificate by post or directly to the Ministry of Justice and pay fee stipulated by laws.
If the applicant submits their documentation to apply for grant of the asset management officer's practicing certificate directly to the Ministry of Justice, the original of the documents stipulated by Point b Clause 1 and Point b Clause 2 of this Article must be shown for the purpose of collation of information.
If the applicant submits their documentation to apply for grant of the asset management officer's practicing certificate to the Ministry of Justice by post, the original of the documents stipulated by Point b Clause 1 and Point b Clause 2 of this Article must be shown upon request.
Within a permitted period of 20 days of receipt of all valid documents, the Ministry of Justice shall be responsible for granting the asset management officer’s practicing certificate to the applicant according to the form No. TP-QTV-08 issued herewith; in case of refusal, reasons for such refusal must be stated in a written notification.
The applicant who has been refused the grant of the asset management officer’s practicing certificate shall have the right to file a petition or bring a lawsuit in accordance with laws.
4. The persons that fall in one of the following circumstances shall be refused the grant of the asset management officer's practicing certificate:
a) The applicant is ineligible for the asset management officer’s practicing in accordance with regulations laid down at Point a, b Clause 2 Article 12 of the Law on Bankruptcy;
b) Other cases stipulated in Article 14 of the Law on Bankruptcy.
Article 5. Reissuance of the asset management officer’s practicing certificate
1. The persons who have been issued with the asset management officer’s practicing certificate, if their practicing certificate has been lost or damaged to the extent that it can not be used any more, shall be considered, reissued with another practicing certificate.
2. The application for reissuance of the asset management officer’s practicing certificate shall be composed of the followings:
a) An application form for reissuance of the asset management officer’s practicing certificate by completing the form No. TP-QTV-03 issued herewith;
b) 2 color photos, size 3cm x 4cm.
3. The applicant must send 01 set of documents submitted to apply for reissuance of the asset management officer’s practicing certificate by post or directly to the Ministry of Justice, and pay reissuance fee stipulated by laws. Within a permitted period of 15 days of receipt of all valid documents, the Ministry of Justice shall be responsible for reissuing the asset management officer’s practicing certificate to the applicant.
Article 6. Revocation of the asset management officer’s practicing certificate
1. The Minister of Justice shall take a decision to revoke the asset management officer's practicing certificate if the holder of the practicing certificate falls into one of the cases stipulated by Clause 1 Article 15 of the Law on Bankruptcy.
2. Whenever discovering or having reasonable grounds that the holder of the asset management officer’s practicing certificate falls into one of the cases stipulated by Clause 1 Article 15 of the Law on Bankruptcy, individuals, agencies or organizations shall request the Minister of Justice in writing to revoke this person’s practicing certificate.
3. Within a permitted period of 30 days of receipt of the written request for such revocation, the Minister of Justice shall consider and take a decision to revoke the asset management officer's practicing certificate. The person whose practicing certificate has been revoked shall have the right to file a petition or bring a lawsuit in accordance with laws.
The decision on revocation of the asset management officer’s practicing certificate shall be sent to the holder of revoked practicing certificate, the People’s Court, the Department of Justice in a centrally-affiliated city or province where an asset management officer working as an individual registers the transaction address, or an asset management and liquidation enterprise employing the holder of revoked practicing certificate locates its head office, and shall be updated on the information website of the Ministry of Justice.
4. The asset management officer whose practicing certificate is revoked shall be removed from the list of the asset management officers, or asset management and liquidation enterprises.
Article 7. Obligations that the asset management officer must fulfill to perform their practicing activities
1. Comply with the principles of asset management and liquidation practice as prescribed in Article 2 hereof.
2. Bear responsibility for their practices in accordance with legal regulations on bankruptcy.
3. Sign the report and document on the outcome of the exercise of their powers and assumption of their obligations in accordance with legal regulations on bankruptcy.
4. Purchase the insurance against the professional responsibility in accordance with laws if the asset management officer is working as an individual.
5. Report to the Department of Justice located in a centrally-affiliated city or province where asset management officer’s practicing activities are registered under the instruction of the Ministry of Justice.
6. Fulfill other obligations in accordance with the Bankruptcy Law and relevant laws.
Tìm kiếm
Nghị định 22/2015/NĐ-CP hướng dẫn Luật Phá sản về Quản tài viên và hành nghề quản lý, thanh lý tài sản (Bản Word)
Nghị định 22/2015/NĐ-CP hướng dẫn Luật Phá sản về Quản tài viên và hành nghề quản lý, thanh lý tài sản (Bản Pdf)