Dossier to apply for a certificate to practice as an...

Application file for issuance of asset administrator practice certificate according to regulations is legal content that readers often need to check carefully before implementing it in practice. This article has been systematized by ANT Legal in an easy-to-understand way, helping individuals and businesses understand the main issues, common risks and appropriate solutions.

What is an administrator? What does the application file for an asset administrator practice certificate include?

1. What is an administrator?

According to the provisions of Clause 7, Article 4 of the Bankruptcy Law 2014, an administrator is defined as follows:

“7. An administrator is an individual who practices the management and liquidation of assets of insolvent enterprises and cooperatives during the bankruptcy process.”

2. Who is not allowed to practice as an asset manager?

Pursuant to Article 14 of the Bankruptcy Law 2014, the regulations on individuals are not allowed to practice asset management and liquidation as follows:

“Article 14. Individuals are not allowed to practice asset management and liquidation
1. Cadres, civil servants, public employees; officers, soldiers Professional workers, defense workers in agencies and units of the People’s Army; officers and professional non-commissioned officers in agencies and units of the People’s Public Security.
2. People who have been convicted but have not had their criminal records erased; people who are being sent to compulsory education facilities or drug rehabilitation facilities.
3 losing civil act capacity or having limited civil act capacity.”

Thus, the following people are not allowed to practice as an asset administrator:

– Officials, civil servants, public employees; officers, professional soldiers, defense workers in agencies and units of the People’s Army; professional officers and non-commissioned officers in agencies and units of the People’s Public Security;

– People who are being prosecuted for criminal liability; people who have been convicted but have not had their criminal records erased; People who are being subjected to administrative measures and sent to compulsory educational establishments or compulsory detoxification establishments;

– People who have lost civil act capacity or have limited civil act capacity.

3. What are the conditions to practice as an asset administrator?

According to Clause 2, Article 12 of the Bankruptcy Law 2014, the conditions for practicing as an asset administrator are specified as follows:

“2. Conditions to practice as an asset administrator:
a) Have full civil act capacity;
b) Have good moral qualities, sense of responsibility, integrity, honesty, and objectivity;
c) Have a certificate to practice as an asset administrator.”

Thus, to practice as an asset administrator, you first need to have a certificate to practice as an asset administrator.

4. Can graduates with a major in accounting be granted a certificate to practice as an asset manager?

According to Clause 1, Article 12 of the 2014 Bankruptcy Law, the conditions for practicing as an asset administrator are stipulated as follows:

“1. The following people are granted certificates of practice as asset administrators:
a) Lawyer;
b) Auditor;
c) People with bachelor’s degrees in law, economics, accounting, finance, banking and 5 years or more experience in the trained field.”

According to the above regulations, a person with a bachelor’s degree in accounting and 5 years or more of experience in the trained field is the person who is granted a certificate to practice as an asset manager.

Thus, if you have graduated with a major in accounting and have 6 years of experience in the profession, you are eligible to be considered for a certificate to practice as an asset manager.

5. What does an application for an asset administrator practice certificate include?

According to Clause 1, Article 4, Decree 22/2015/ND-CP regulates the issuance of certificates of practice as asset managers as follows:

“1. People in the cases specified in Clause 1, Article 12 of the Bankruptcy Law who want to practice asset management and liquidation must prepare a dossier to apply for a certificate to practice as an asset manager. The dossier includes:
a) Application for issuance of a practicing certificate as an asset administrator according to form TP-QTV-01 issued with this Decree;
b) A copy of the lawyer’s card for lawyers; Copy of Auditor Certificate for auditors; photocopy of bachelor’s degree in law, economics, accounting, finance, and banking for people with bachelor’s degrees in law, economics, accounting, finance, and banking;
c) Documents proving at least 05 years of experience in the field of training, certified by the agency or organization where the person with a bachelor’s degree in law, economics, accounting, finance, or banking works;
d) 2 color photos sized 3cm x 4cm.
In case of necessity, the Ministry of Justice requires the applicant for an asset management practice certificate to submit a criminal record card.

Thus, to be granted an asset administrator practice certificate, you need to prepare a set of application documents for an asset administrator practice certificate, including:

– Application for an asset administrator practice certificate according to form TP-QTV-01 issued with Decree 22/2015/ND-CP;

– Photocopy of lawyer card for lawyers; Copy of Auditor Certificate for auditors; Photocopy of bachelor’s degree in law, economics, accounting, finance, banking for people with bachelor’s degrees in law, economics, accounting, finance, banking;

– Documents proving at least 05 years of experience in the field of training with confirmation from the agency or organization where the person with bachelor’s degree in law, economics, accounting, finance, banking works;

– 2 color photos sized 3cm x 4cm.

In case of necessity, the Ministry of Justice may require you to submit a criminal record card.

Note on Applying Current Legal Regulations

This article belongs to the Legal Knowledge group and is presented for reference purposes, helping readers understand the legal issue at an overview level before preparing a dossier or carrying out a transaction.

Legal regulations may vary depending on the timing, locality, type of dossier and specific circumstances. If you need to determine the exact legal basis applicable to your case, you should contact ANT Legal’s lawyers at 0966.475.966 for review and advice before proceeding.

Common Legal Risks to Note

Applying legal instruments that have been amended, supplemented or replaced.
Preparing an incomplete set of documents, materials or necessary evidence.
Misunderstanding the conditions, procedure, timeline or competent authority.
Signing, submitting a dossier or carrying out a transaction before fully assessing legal risks.

How Can ANT Legal Support You?

ANT Legal can review the specific circumstances, examine the dossier, identify the applicable legal basis, advise on an appropriate handling plan and represent clients in working with individuals, organizations or competent authorities where necessary.

For prompt advice, you may contact a lawyer at 0966.475.966.

Legal Knowledge

Dossier to apply for a certificate to practice as an asset manager according to the law