Opinions of the National Development and Reform Commission, the Supreme People's Court, the Ministry of Finance and other Departments on Promoting and Safeguarding the Lawful Performance of Duty by Trustees in Bankruptcy Proceedings and Further Optimizing the Business Environment,北大法宝V6

Opinions of the National Development and Reform Commission, the Supreme People's Court, the Ministry of Finance and other Departments on Promoting and Safeguarding the Lawful Performance of Duty by Trustees in Bankruptcy Proceedings and Further Optimizing the Business Environment

[CLI Code] CLI.3.353260(EN) Statement

Document Number：No. 274 [2021] of the National Development and Reform Commission
Area of Law： Optimization of Doing Business
Level of Authority： Working Documents of the Supreme People's Court and the Supreme People's Procuratorate
Date Issued：02-25-2021
Effective Date：02-25-2021
Issuing Authority： State Development & Reform Commission (incl. former State Development Planning Commission) Supreme People's Court Ministry of Finance Ministry of Human Resources & Social Security Ministry of Natural Resources Ministry of Housing & Urban-Rural Development People's Bank of China State-owned Asset Supervision & Administration Commission of the State Council General Administration of Customs State Taxation Administration State Administration for Market Regulation China Banking and Insurance Regulatory Commission China Securities Regulatory Commission
Status： Effective

Opinions of the National Development and Reform Commission, the Supreme People's Court, the Ministry of Finance, the Ministry of Human Resources and Social Security, the Ministry of Natural Resources, the Ministry of Housing and Urban-Rural Development, the People's Bank of China, the State-owned Assets Supervision and Administration Commission of the State Council, the General Administration of Customs, the State Taxation Administration, the State Administration for Market Regulation, the China Banking and Insurance Regulatory Commission, and the China Securities Regulatory Commission on Promoting and Safeguarding the Lawful Performance of Duty by Trustees in Bankruptcy Proceedings and Further Optimizing the Business Environment
发展改革委、高法院、财政部、人力资源社会保障部、自然资源部、住房城乡建设部、人民银行、国资委、海关总署、税务总局、市场监管总局、银保监会、证监会关于推动和保障管理人在破产程序中依法履职进一步优化营商环境的意见

The people's governments of all provinces, autonomous regions, and municipalities directly under the Central Government; Xinjiang Production and Construction Corps; and all ministries and commissions of the State Council and all institutions directly under the State Council:
各省、自治区、直辖市人民政府，新疆生产建设兵团，国务院各部委、各直属机构：

A trustee is a specialized institution which receives the property of a bankrupt enterprise and manages bankruptcy affairs in accordance with the law in a bankruptcy proceeding. For the purposes of promoting and safeguarding the lawful performance of duty by trustees, improving the efficiency of bankruptcy, maximizing the role of the bankruptcy system, solving enterprises' difficulty in exiting, optimizing the allocation of factors, and accelerating the creation of a market-oriented, law-based, and internationalized business environment, with the approval of the State Council, the following opinions are hereby offered.
管理人是在破产程序中依法接管破产企业财产、管理破产事务的专门机构。为推动和保障管理人依法履职，提高破产效率，充分发挥破产制度作用，解决企业退出难问题，优化要素配置，加快打造市场化、法治化、国际化营商环境，经国务院同意，现提出如下意见。