The Bankruptcy Recovery Law 2025 (Law No. 142/2025/QH15), passed at the 10th Session of the 15th National Assembly, not only replaces the Bankruptcy Law 2014 but also reflects a new legal mindset. Instead of viewing bankruptcy as a complete end, this law repositions the process as an opportunity to salvage and restructure social resources effectively.
Shifting the legal mindset from dissolution to prioritizing business recovery.
The most fundamental difference between the Bankruptcy Recovery Law 2025 and previous regulations lies in its name and application principles. Article 3 of the Law affirms that the top priority is applying recovery procedures to struggling economic entities.
The renaming of the Bankruptcy Law to the Bankruptcy Recovery Law reflects a shift in focus. The state now acts not only as a judicial body to liquidate assets but also as a supporter to help businesses regain liquidity. This helps minimize negative impacts on supply chains, maintain employment, and stabilize social security. This is a necessary step to protect promising businesses that are temporarily insolvent.
Decoding the multifaceted system of state support policies for economic entities.
The new law establishes a solid legal framework in Article 4 to concretize the Government's commitments to supporting businesses and cooperatives. These policies are not merely formal but delve into practical economic tools, analyzed based on three main pillars:
- Unlocking financial resources: The government implements support measures regarding taxes, fees, and especially separate credit and interest rate mechanisms for entities on the recovery path. This gives businesses the necessary "breathing room" to restructure old debts and access new capital for operations.
- Promoting digital transformation and technology: For the first time, technological elements and digital transformation are being incorporated as solutions to support business recovery. This is a practical mindset that helps businesses not only revive but also enhance their competitiveness in the digital age.
- Flexible response mechanism: The law allows the Government to issue specific policies for each period to respond to unexpected market fluctuations, ensuring that businesses are not left behind by objective economic shocks.
Strengthening the powers and responsibilities of judges in bankruptcy proceedings.
To ensure a swift and accurate recovery process, the Bankruptcy Recovery Act 2025 expanded the powers of judges in Article 7. This change shifted the role from passive supervisor to active administrator in controlling the progress of the case.
The prominent high-level jurisdictional duties and powers are summarized as follows:
| Authority group | Implementation details |
|---|---|
| Managing the proceedings | The decision to apply expedited recovery or bankruptcy procedures optimizes the time required to process debt. |
| Human resource management support | Appoint, modify, and directly supervise the professional activities of the Receiver or asset management company. |
| Preservation and enforcement | Applying temporary emergency measures, prohibiting the business representative from leaving their place of residence, to prevent asset loss. |
| Resolving property disputes | Directly conduct mediation of property disputes and apply precedents to ensure consistency in judgments. |
The proactive approach of judges in using modern legal tools helps to reduce administrative bottlenecks while building trust among creditors regarding a transparent debt recovery process.
Analyzing the impact of transitional regulations on market stability.
Article 88 of the Bankruptcy Recovery Act 2025 establishes strict transitional principles to protect the rights of parties in ongoing cases. The separation of the application roadmap demonstrates the lawmakers' careful consideration:
- Group applying the new law: Cases that have been accepted but not yet resolved will be transferred to the application of the new law's provisions to take advantage of the more advantageous business recovery mechanism.
- The group maintaining the old law: Decisions declaring bankruptcy that have moved to the enforcement stage or are in the appeal process before March 1, 2026, will continue to apply the 2014 Bankruptcy Law to ensure legal continuity and stability for established debt relationships.
Evaluating economic efficiency and improving the investment and business environment.
The Bankruptcy Recovery Law of 2025 is expected to create a major boost, sanitizing Vietnam's financial market. Economic analyses show three key benefits:
- Optimizing liquidity: Through streamlined procedures, creditors and credit institutions can release bad debts more quickly, bringing capital back into circulation in the economy.
- Preserving human values: Prioritizing recovery helps maintain supply chains and ensure workers' rights regarding wages and employment, avoiding social security instability.
- Enhancing legal standing:完善 Completing the legal framework on bankruptcy in a way that supports recovery is a key indicator for international organizations to assess the safety and transparency of the investment environment in Vietnam.
Conclusion on the role of the Bankruptcy Recovery Act 2025 in the new era.
In summary, the Bankruptcy Recovery Law 2025 is not simply a legal tool for handling debts, but a powerful screening and regeneration mechanism for economic entities. The shift in focus from "termination" to "recovery" reflects a progressive mindset that views businesses as valuable national assets that need to be protected and salvaged.
The combination of the powerful authority of judges and multifaceted economic support policies will create a fair and transparent litigation environment. This is a crucial legal "safety net," fostering innovation and sustainable investment. In the long term, the Bankruptcy Recovery Law 2025 will undoubtedly be a solid foundation for stabilizing the financial market and enhancing national competitiveness internationally.
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Content production is overseen by: Mr. Le Hoang Tuyen – Founder & CEO of MAN – Master Accountant Network, CPA Vietnam with over 30 years of experience in accounting, auditing, and financial consulting.
Source: Bankruptcy Recovery Act 2025 (Law No. 142/2025/QH15) passed on December 11, 2025 at the 10th Session of the 15th National Assembly.
