According to the Decision, supervision over handling of bankruptcy will commence from:
- The date on which the Procuracy receives the decision on return of the written request for initiation of bankruptcy proceedings to the date on which the decision to process the request for reconsideration or the petition for return of the written request for initiation of bankruptcy proceedings (if any) becomes legal; or
- The date on which the Procuracy receives the notice of acceptance of the written request for initiation of bankruptcy to the date on which the Court’s decision on handling of bankruptcy becomes legal and is not subject to any petition, appeal or request for reconsideration.
In particular, if handling of bankruptcy is supervised before receipt of the decision to declare an enterprise or cooperative bankrupt, supervision over acceptance of the written request for initiation of bankruptcy proceedings will be carried out as follows:
- Upon receipt of the notice of acceptance of the written request for initiation of bankruptcy proceedings, an officer must record this in the register and complete the form of supervision over the notification of acceptance of such written request.
- The officer must control deadlines and persons qualified for sending the notice of acceptance of the written request for initiation of bankruptcy proceedings; legal status of the applicant; authority over and procedures for acceptance of the written request.
- In case of violation arising, the officer must report to the leader of the Procuracy to exercise its petition rights.
The Decision No. 435/QD-VKSTC will enter into force from the issuance date.
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