(一)公用企业和与国计民生有重大关系的企业,政府有关部门给予资助或者采取其他措施帮助清偿债务的;
(1) public utility enterprises and enterprises that have an important relationship to the national economy and the people's livelihood, for which the relevant government departments grant subsidies or adopt other measures to assist the repayment of debts;
破产企业的法定代表人和破产企业的上级主管部门的领导人,因玩忽职守造成企业破产,致使国家财产遭受重大损失的,依照《中华人民共和国刑法》第一百八十七条的规定追究刑事责任。
With respect to the legal representative of the bankrupt enterprise and the leaders of superior departments in charge of bankrupt enterprise who, due to neglect of duty, cause the bankruptcy of the enterprise that result in the major loss of state property, criminal responsibility shall be investigated in accordance with Article 187 of the Criminal Law of the People's Republic of China.
企业由债权人申请破产,上级主管部门申请整顿并且经企业与债权人会议达成和解协议的,中止破产程序。
With respect to enterprises for which creditors file for bankruptcy, bankruptcy proceedings shall be suspended against those for which the superior departments in charge have applied for reorganization, and if the enterprise and the creditors have reached a settlement agreement through consultation.
和解协议应当规定企业清偿债务的期限。
The settlement agreement shall stipulate the period in which the enterprise shall repay the debts.
第三十四条 下列破产费用,应当从破产财产中优先拨付:
Article 34.
Priority shall be given to saving the following bankruptcy expenses from the bankruptcy property:
第十八条 整顿申请提出后,企业应当向债权人会议提出和解协议草案。
Article 18.
After an application for reorganization is submitted, the enterprise shall propose a draft settlement agreement to the creditors' meeting.
(二)破产案件的诉讼费用;
(2) the litigation expenses of the bankruptcy case; and
破产财产不足以支付破产费用的,人民法院应当宣告破产程序终结。
With respect to enterprises whose bankruptcy property is insufficient to cover bankruptcy expenses, the people's court should declare termination of bankruptcy proceedings.
第五条 破产案件由债务人所在地人民法院管辖。
Article 5.
Bankruptcy cases shall be under the jurisdiction of the people's courts in the location of the debtor.
(一)破产企业所欠职工工资和劳动保险费用;
(1) wages of staff and workers and labour insurance expenses that are owed by the bankrupt enterprise;
第七条 债务人不能清偿到期债务,债权人可以申请宣告债务人破产。
Article 7.
Where the debtor is unable to repay debts that are due, the creditors may file to declare the debtor bankrupt.
第十一条 人民法院受理破产案件后,对债务人财产的其他民事执行程序必须中止。
Article 11.
After the people's court has accepted a bankruptcy case, other civil enforcement proceedings against the property of the debtor must be suspended.
(三)应当由破产企业行使的其他财产权利。
(3) other property rights that the bankrupt enterprise should exercise.
第三十条 破产宣告前成立的无财产担保的债权和放弃优先受偿权利的有财产担保的债权为破产债权。
Article 30.
Claims not secured with property and claims secured with property for which the priority right to receive repayment has been abandoned, which are established before bankruptcy is declared, are bankruptcy claims.
破产财产优先拨付破产费用后,按照下列顺序清偿:
After the prior deduction of bankruptcy expenses from the bankruptcy property, repayment shall be made in the following order:
清算组对人民法院负责并且报告工作。
The liquidation team is responsible to, and shall make report on its work to, the people's court.
清算组成员由人民法院从企业上级主管部门、政府财政部门等有关部门和专业人员中指定。
The members of the liquidation team shall be designated by the people's court from among the superior departments in charge, government finance departments, and other relevant departments and professional personnel.
The liquidation team may hire necessary work personnel.
清算组可以聘任必要的工作人员。
The members of the liquidation team shall be designated by the people's court from among the superior departments in charge, government finance departments, and other relevant departments and professional personnel.
The liquidation team may hire necessary work personnel.
第六条 破产案件的诉讼程序,本法没有规定的,适用民事诉讼程序的法律规定。
Article 6.
Where this Law has not stipulated the procedures for bankruptcy cases, the legal provisions for civil procedures shall apply.
第十二条 人民法院受理破产案件后,债务人对部分债权人的清偿无效,但是债务人正常生产经营所必需的除外。
Article 12.
After the people's court has accepted a bankruptcy case, payment by the debtor to only some of the creditors is null and void, with the exception of payments required for the normal production and operations of the debtor.
债务人的法定代表人必须列席债权人会议,回答债权人的询问。
The legal representative of the debtor must attend the creditors' meetings and answer the creditors inquiries.
破产企业的法定代表人对企业破产负有主要责任的,给予行政处分。
Where the legal representative of the bankrupt enterprise bears the major responsibility for the bankruptcy of the enterprise, administrative sanctions shall be applied.
第三十七条 清算组提出破产财产分配方案,经债权人会议讨论通过,报请人民法院裁定后执行。
Article 37.
The distribution plan for the bankruptcy property shall be proposed by the liquidation team, adopted by the creditors meeting and submitted to the people's court for judgment before implementation.
企业由债权人申请破产,有下列情形之一的,不予宣告破产:
Enterprises for which creditors file for bankruptcy shall not be declared bankrupt under any of the following circumstances: