Insolvency Situation and Bankruptcy Matters in Vietnam.

In order to understand the concept of bankruptcy in Vietnam, it is necessary to understand the nature of the process and “insolvency” is a situation that occurs to an enterprise. When the business falls into this situation, bankruptcy proceedings may be conducted. Insolvency lawyers in Vietnam could be engaged to help provide advice, participate in the procedures and help supervise the process for the legal compliance.  

What is bankruptcy under Vietnam laws?

Bankruptcy is a legal proceeding aimed at resolving insolvency. If the settlement results cannot bring the enterprise out of insolvency, the competent state agency (court) will issue a decision to declare bankruptcy.

In order to determine the insolvency, the enterprise must satisfy all the signs mentioned by the law, that the enterprise fails to fulfill the payment obligation; and that duration of failure to fulfill payment obligations is three months. 

What is the purpose of bankruptcy laws in Vietnam?

In the course of conducting business activities, enterprises conducting activities of exchanging, buying and selling goods and providing services have appeared to allow the delayed payment, or payment in installments. 

There are time that the payments can not be fulfilled as agreed due to various factors, leading to overdue debts.  Each creditor could hire litigation lawyers in Vietnam or debt collection law firms in Vietnam to request the debtor for the debt payment but this could be ineffective therefore bankruptcy laws can play a role as a collective debt collection procedure organized by authority.  

Through the bankruptcy procedures in Vietnam, negotiations between creditors and debtors could take place to maximize the economic usage of the assets of the debtors including the possibilities to organize the insolvent enterprise or sell the assets of the insolvent enterprise to the highest bidders. 

In many foreign countries, there are many successful cases that the enterprises could get out of insolvency situation after filing for bankruptcy and Vietnamese enterprises could also learn from that.  

How insolvency lawyers in Vietnam could help?

Here’s a more detailed analysis of how insolvency lawyers in Vietnam could help insolvent enterprises navigate the bankruptcy process:

Legal Expertise and Advice: Insolvency lawyers play a crucial role in providing legal expertise and advice to insolvent enterprises. They can guide the enterprise through the complexities of bankruptcy laws, ensuring that all legal requirements and procedures are followed accurately.

Assessment of Insolvency: Insolvency lawyers in Vietnam help enterprises determine whether they meet the criteria for insolvency as defined by Vietnamese law. They analyze financial records, payment obligations, and the duration of payment failures to establish whether the enterprise qualifies for bankruptcy proceedings.

Bankruptcy Filing: If an enterprise is indeed insolvent, insolvency lawyers assist in preparing and filing the necessary bankruptcy petition with the relevant court. This involves submitting documentation that demonstrates the enterprise’s financial situation and inability to meet its payment obligations.

Legal Compliance: Insolvency lawyers in Vietnam ensure that the bankruptcy proceedings adhere to the legal requirements set forth in Vietnamese bankruptcy laws. They help manage deadlines, submit required documents, and handle communication with the court and other involved parties.

Negotiations with Creditors: Insolvency lawyers in Vietnam facilitate negotiations between the insolvent enterprise and its creditors. They aim to reach agreements that are mutually beneficial, potentially allowing for repayment plans or alternative arrangements that can help the enterprise recover.

Debt Repayment Plans: Insolvency lawyers in Vietnam assist in formulating and presenting debt repayment plans to the court. These plans outline how the enterprise intends to repay its debts over a defined period, while considering the financial capacity of the enterprise and the interests of creditors.

Asset Management and Sale: In cases where the enterprise’s assets need to be managed or sold to repay debts, insolvency lawyers guide the process. They ensure that the assets are managed efficiently and, if necessary, sold in a way that maximizes their value and benefits all stakeholders.

Legal Representation: Insolvency lawyers represent the insolvent enterprise’s interests throughout the bankruptcy proceedings. This includes advocating for the enterprise’s rights, negotiating with creditors, and addressing any legal challenges that may arise.

Restructuring Possibilities: Insolvency lawyers explore options for restructuring the enterprise to make it financially viable again. This could involve renegotiating contracts, reducing operational costs, or making other strategic changes to improve the enterprise’s financial health.

Learning from International Practices: Insolvency lawyers can draw insights from successful bankruptcy cases in other countries and adapt relevant strategies to the Vietnamese context. This cross-border knowledge can provide valuable perspectives on how insolvent enterprises can overcome their challenges.

In conclusion, insolvency lawyers in Vietnam play a multifaceted role in helping insolvent enterprises navigate the complex process of bankruptcy. Their expertise spans from assessing insolvency criteria to guiding negotiations, formulating repayment plans, managing assets, and ensuring legal compliance. By leveraging their legal knowledge and experience, insolvency lawyers in Vietnam can contribute significantly to the resolution of financial difficulties faced by enterprises and support their potential recovery.

About ANT Lawyers, a law firm in Vietnam

We help clients overcome cultural barriers and achieve their strategic and financial outcomes, while ensuring the best interest rate protection, risk mitigation and regulatory compliance. ANT lawyers has lawyers in Ho Chi Minh city, Hanoi,  and Danang, and will help customers in doing business in Vietnam.