Chương IV Nghị định 22/2015/NĐ-CP hướng dẫn Luật Phá sản về Quản tài viên và hành nghề quản lý, thanh lý tài sản: Quản lý nhà nước về quản tài viên, doanh nghiệp quản lý, thanh lý tài sản

Chapter IV

STATE MANAGEMENT OF THE ASSET MANAGEMENT OFFICER OR ASSET MANAGEMENT AND LIQUIDATION ENTERPRISE

Article 22. Responsibilities of the Ministry of Justice

The Ministry of Justice is the agency that assists the Government in carrying out the consistent state management of the asset management officer or asset management and liquidation enterprise as well as the practicing of asset management and liquidation profession across the nation. They shall assume the following duties and powers:

1. Formulate and request competent authorities to issue or issue within their jurisdiction documents providing detailed regulations and guidance on implementation of the law on the asset management officer, or asset management and liquidation enterprise, and the practicing of asset management and liquidation profession.

2. Issue, revoke and reissue the asset management officer’s practicing certificate.

3. Introduce the ethical code of the asset management officer, document forms and documents in the field of asset management and liquidation.

4. Compile, announce and manage the list of the asset management officers, or asset management and liquidation enterprises across the nation; set up the database of the asset management officers, or asset management and liquidation enterprises.

5. Examine and inspect the practicing of asset management and liquidation profession.

6. Take measures to support the development of asset management and liquidation career.

7. Build an international relation concerning the asset management officer, and asset management and liquidation practicing.

8. Handle complaints or denunciations as well as impose penalties for violations against regulations on the asset management and liquidation practicing.

9. Assume other duties and powers as stipulated by laws.

Article 23. Responsibilities of Ministries and ministerial-level agencies

1. Ministries and ministerial-level agencies, within their assigned duties or delegated powers, shall be responsible for collaborating with the Ministry of Justice in state management of the asset management officer, or asset management and liquidation enterprise as well as asset management and liquidation practicing.

2. The Minister of Finance shall stipulate the collection, payment, management and use of the fee for issuance or reissuance of the asset management officer's practicing certificate; the fee for registration of the asset management and liquidation practicing.

Article 24. Responsibilities of the People’s Committee of a centrally-affiliated city or province

1. The People’s Committee of a centrally-affiliated city or province shall carry out the state management of the asset management officer, or asset management and liquidation enterprise as well as asset management and liquidation practicing at their localities. They shall assume the following duties and powers:

a) Carry out the registration of asset management and liquidation practicing, and monitor the asset management officer or asset management and liquidation enterprise at their localities;

b) Examine, inspect and handle violations against regulations on the asset management officer, or asset management and liquidation enterprise, and the practicing of asset management and liquidation profession within their jurisdiction and throughout their localities;

c) Handle complaints or denunciations concerning the asset management officer or asset management and liquidation enterprise, and asset management and liquidation practicing activities within their jurisdiction;

d) Make an annual report to the Ministry of Justice on the asset management officer, asset management and liquidation enterprise as well as asset management and liquidation practicing activities at their localities;

dd) Take measures to support the development of asset management and liquidation career at their localities;

e) Assume other duties and powers as stipulated by laws.

2. The Department of Justice of a centrally-affiliated city or province shall carry out the state management of the asset management officer, or asset management and liquidation enterprise as well as asset management and liquidation practicing at their localities. They shall also assume the following duties and powers:

a) Carry out the practicing registration and announce the list of the asset management officers, asset management and liquidation enterprises at their localities;

b) Temporarily cease, renew or annul the temporary suspension from the practicing of asset management and liquidation profession for the asset management officer, asset management and liquidation enterprise; remove the name of the asset management officer, asset management and liquidation enterprise from the list of the asset management officers or asset management and liquidation enterprises;

c) Review or make a statistical or data report on the asset management officer, asset management and liquidation enterprise as well as the practicing of asset management and liquidation profession at their localities; review and discover any case in which the practicing certificate of the local asset management officer is revoked, and request the Minister of Justice to revoke the asset management officer's practicing certificate in accordance with laws;

d) Examine, inspect and handle violations against regulations on the asset management officer, or asset management and liquidation enterprise, and the practicing of asset management and liquidation profession within their jurisdiction and throughout their localities;

dd) Handle complaints or denunciations concerning the asset management officer or asset management and liquidation enterprise, and asset management and liquidation practicing activities within their jurisdiction;

e) Periodically report to the People’s Committee of a centrally-affiliated city or province, the Ministry of Justice concerning the asset management officer, asset management and liquidation enterprise as well as the practicing of asset management and liquidation profession at their localities on an annual basis and at the request of competent authorities;

g) Assume other duties and powers as stipulated by laws.

Article 25. Handling of violations for acts of infringement upon the legal rights and interests of the asset management officer, asset management and liquidation enterprise

The persons who commit acts of infringement upon the legal rights and interests of the asset management officer, asset management and liquidation enterprise, or hinder the asset management officer, asset management and liquidation enterprise from practicing their asset management and liquidation profession, depending on the nature and severity of these violations subject to disciplinary penalties or facing a criminal prosecution; if any damage or loss is incurred, compensation required by laws must be provided.

Article 26. Handling of violations for the illegal practicing of asset management and liquidation profession of an individual or organization

1. Individuals who are not eligible to practice their asset management and liquidation profession but persist in doing this in any form or shape shall be required to take measures to stop their violations and fined under the provisions of the legislation on penalties for administrative violations, or face a criminal prosecution; if any damage or loss is incurred, compensation required by laws must be provided.

2. Organizations that are not eligible to practice their asset management and liquidation profession but persist in doing this in any form or shape shall be required to take measures to stop their violations and shall be subjected to penalties under the provisions of the legislation on handling of administrative violations; if any damage or loss is incurred, compensation required by laws must be provided.

Article 27. Complaint, denunciation

1. The asset management officer, asset management and liquidation enterprise shall have the right to file their petition for administrative decisions or actions taken by the civil judgement enforcement agency and other agencies or organizations when there is sufficient grounds that such decisions or actions infringe upon the legal rights or interests of the asset management officer, asset management and liquidation enterprise. Dealing with such petition shall comply with legal regulations on complaints or the legislation on court judgement enforcement.

2. Individuals shall be vested the right to denounce violations against the law on bankruptcy and the ethical code of the asset management officer to competent authorities. Taking measures to deal with such denunciation shall conform to the regulations laid down in the legislation on denunciation.