-정부 효율 증진과 국민 통합 추진, 단기적 업무지연 예상 -

베트남의 정부조직 개편에 따라, 2025. 3. 1.자로 중앙정부 각 부처 및 장관급 기관 일부가 통합 또는 신설되어 14부로 개편되었고, 이에 따라 각 성급 인민위원회 산하의 지역국 조직도 개편되고 있습니다.

이번 정부조직 개편은 조직 통폐합에 따른 효율 증진 및 인원 감축을 기조로 하고 있으며, 이어서 성급 행정구역의 재편과 인원 감축도 예견되고 있습니다. 이에 따라 각 부처의 권한이 간명하게 정리되고 각종 인허가 절차가 효율화될 것으로 기대되는 한편, 과도기적으로는 중앙부처 및 지역국 통폐합/신설과 인원 감축에 따른 일시적 업무 지연도 예상된다는 점에 유의하여야 합니다.

1.베트남 정부조직 개편 경과

2.베트남 정부조직 개편의 주요 내용

3.예상효과 및 기업의 단기적 유의사항

1. 베트남 정부조직 개편 경과

Since the inauguration of electronic litigation or e-litigation (hereinafter “e-litigation”) services for patent cases in April 2010, the  Korean Supreme Court has gradually expanded the scope of availability of e-litigation services to civil, family law and  administrative cases, and provisional attachment and injunction cases. With the completion of the e-litigation system for  rehabilitation and bankruptcy cases, those proceedings and their ancillary proceedings can be administered electronically from  April 28, 2014, as described below.

The Debtor Rehabilitation and Bankruptcy Act (“DRBA”) amended on October 15, 2014 for the purpose of prohibiting business owners responsible for the bankruptcy of a company from reacquiring such company under reorganization through individual(s) who have aligned economic interests after the company receives a large amount of debt relief though rehabilitation proceedings, will be enacted on January 16, 2015.

In 2009, a certain savings bank (“S Savings Bank”) issued subordinated bonds (the “Subordinated Bonds”).  Subsequently, the Financial Services Commission designated it as an insolvent financial institution and issued a management reform order, which included the suspension of its business.  Eventually, bankruptcy proceedings were commenced against S Savings Bank in around 2011, and the representative director of S Savings Bank was indicted for financial statement fraud and eventually found guilty.

1. Implications of Supreme Court 2012Do1283 (rendered June 14, 2012)

Regarding the acquisition of a company under reorganization according to the Debtor Rehabilitation and Bankruptcy Act, the Supreme Court ruled on June 14, 2012 that the general principles of a leverage buy-out ("LBO") should apply.

On October 11, 2012, the Seoul Central District Court (“Court”) commenced reorganization proceedings against Woongjin Holdings, a holding company of Woongjin Group, under the Debtor Rehabilitation and Bankruptcy Act (“Bankruptcy Act”).  As a result, various issues under the Bankruptcy Act related to the reorganization proceedings of Woongjin Holdings surfaced.

On October 11, 2012, the Seoul Central District Court ("Court") commenced reorganization proceedings against Kukdong Engineering & Construction Co., Ltd. ("Kukdong") under the Debtor Rehabilitation and Bankruptcy Act ("Bankruptcy Act").

Under the current Debtor Rehabilitation and Bankruptcy Act (“Debtor Rehabilitation Act”), even if a debtor’s debt is reduced or exempted when a rehabilitation plan is approved, this does not affect the debt of a guarantor who jointly bears certain obligations with such debtor (“Joint Guarantor”) (Debtor Rehabilitation Act, §250(2)).

1. Commencement of Rehabilitation Proceedings by Hanjin Shipping Co., Ltd. (“Hanjin Shipping”) On August 31, 2016 Hanjin Shipping filed a rehabilitation petition with the Seoul Central District Court. The Case number is Seoul Central District Court 2016 HoeHap 100211. On August 31, 2016, the Bankruptcy Division of the Seoul Central District Court issued a comprehensive prohibition order, as a provisional measure, to all creditors.