Chương V Nghị định 22/2015/NĐ-CP hướng dẫn Luật Phá sản về Quản tài viên và hành nghề quản lý, thanh lý tài sản: Điều khoản thi hành

Chapter V

IMPLEMENTARY PROVISIONS

Article 28. Transitional provisions

1. With regard to the request for the beginning of the bankruptcy proceedings which have been handled in the People’s Court before January 1, 2015, upon which the asset management and liquidation team under the provisions of the Law on Bankruptcy No. 21/2004/QH11 has been established, if this team has yet to perform their assigned tasks or exercise their delegated powers till January 1, 2015, they are required to continue to do so for such bankruptcy.

In case the bankruptcy judge has succeeded in appointing the asset management officer, asset management and liquidation enterprise under the provisions of the Law on Bankruptcy No. 51/2014/QH13 and this Decree at the request for the beginning of the aforesaid bankruptcy proceedings, such asset management and liquidation team shall terminate its operations and shall be dissolved under the provisions of the Law on Bankruptcy No. 21/2004/QH11. The asset management officer, asset management and liquidation enterprise proceeds to perform the task of managing and liquidating assets for such bankruptcy, except for the work that such asset management and liquidation team has completed within their assigned tasks or delegated powers under the provisions of the Law on Bankruptcy No. 21/2004/QH11. The performance outcome of the asset management and liquidation team shall be accredited and have its useful value under the provisions of the Law on Bankruptcy No. 51/2014/QH13.

2. With regard to the request for the beginning of the bankruptcy proceedings which have been handled in the People’s Court before January 1, 2015, upon which the asset management and liquidation team under the provisions of the Law on Bankruptcy No. 21/2004/QH11 has been established, the bankruptcy judge shall appoint the asset management officer, asset management and liquidation enterprise under the provisions of the Law on Bankruptcy No 51/2014/QH13 and this Decree by January 1, 2015.

Article 29. Effect

1. This Decree shall take effect from April 06, 2015.

2. Regulations on the asset management and liquidation team governed by the following legislative documents shall become defunct:

a) Clause 3 Article 1, Clause 2 Article 2, Article 11 and Chapter III of the Government’s Decree No. 67/2006/ND-CP dated July 11, 2006 dated July 11, 2006 on providing guidance on the enforcement of the Law on Bankruptcy for special enterprises, and organization and operation of the asset management and liquidation team.

b) Article 6, Article 7, Clause 1 Article 17, Clause 3 Article 27, Clause 3 Article 31 and Clause 2, 3 Article 40 of the Government’s Decree No. 05/2010/ND-CP dated January 18, 2010 on stipulating the introduction of the Law on Bankruptcy for credit institutions.

Article 30. Implementation

1. Ministers, Heads of ministerial-level bodies, Heads of Governmental agencies, Presidents of the People’s Committee of centrally-affiliated cities or provinces shall be responsible for implementing this Decree.

2. The Minister of Justice shall take responsibility to provide guidance on the implementation of this Decree ./.

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