中华人民共和国企业破产法（试行）

Law of the People's Republic of China on Enterprise Bankruptcy (For Trial Implementation)

第一章 总 则

CHAPTER I GENERAL PROVISIONS

　　第一条 为了适应社会主义有计划的商品经济发展和经济体制改革的需要，促进全民所有制企业自主经营，加强经济责任制和民主管理，改善经营状况，提高经济效益，保护债权人、债务人的合法权益，特制定本法。

Article 1. This Law is formulated in order to suit the development of the planned socialist commodity economy and the needs of the reform of the economic structure, to promote the autonomous operation of enterprises owned by the whole people, to strengthen the economic responsibility system and democratic management, to improve the state of operations, to increase economic efficiency and to protect the lawful rights and interests of creditors and debtors.

　　第二条 本法适用于全民所有制企业。

Article 2. This Law applies to enterprises owned by the whole people.

　　第三条 企业因经营管理不善造成严重亏损，不能清偿到期债务的，依照本法规定宣告破产。

Article 3. Enterprises which, owing to poor operations and management that result in serious losses, are unable to repay debts that are due shall be declared bankrupt in accordance with the provisions of this Law.

　　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:

　　（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;

　　（二）取得担保，自破产申请之日起六个月内清偿债务的。

(2) enterprises that have obtained guarantees for the repayment of debts within six months from the date of the application for bankruptcy.

　　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.

　　第四条 国家通过各种途径妥善安排破产企业职工重新就业，并保障他们重新就业前的基本生活需要，具体办法由国务院另行规定。

Article 4. The state through various means shall appropriately arrange for the reemployment of the staff and workers of bankrupt enterprises, and shall guarantee their basic living needs prior to reemployment; specific measures shall be separately stipulated by the State Council.

　　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.

　　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.

　　第二章 破产申请的提出和受理

CHAPTER II THE SUBMISSION AND ACCEPTANCE OF BANKRUPTCY APPLICATIONS

　　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.

　　债权人提出破产申请时，应当提供关于债权数额、有无财产担保以及债务人不能清偿到期债务的有关证据。

When the creditor is submitting the bankruptcy application, it should provide relevant evidence relating to the amount of the claim, whether or not it is secured with property, and to the inability of the debtor to repay debts that are due.

　　第八条 债务人经其上级主管部门同意后，可以申请宣告破产。

Article 8. The debtor, upon the agreement of its superior departments in charge, may apply for the declaration of bankruptcy.

　　债务人提出破产申请时，应当说明企业亏损的情况，提交有关的会计报表、债务清册和债权清册。

When the debtor is submitting the bankruptcy application, it shall explain the circumstances of the enterprise's losses and deliver relevant accounting statements, a detailed list of debts and a detailed list of claims.

　　第九条 人民法院受理破产案件后，应当在十日内通知债务人并且发布公告。人民法院在收到债务人提交的债务清册后十日内，应当通知已知的债权人。公告和通知中应当规定第一次债权人会议召开的日期。

Article 9. After the people's court has accepted a bankruptcy case, it shall notify the debtor within ten days and make a public announcement. Within ten days after receiving the detailed list of debts delivered by the debtor, the people's court shall notify known creditors. The public announcement and notice shall stipulate the date of the first convening of the creditors' meeting.

　　债权人应当在收到通知后一个月内，未收到通知的债权人应当自公告之日起三个月内，向人民法院申报债权，说明债权的数额和有无财产担保，并且提交有关证明材料。逾期未申报债权的，视为自动放弃债权。

Creditors who have been notified shall, within one month after receiving the notice, and creditors who have not been notified shall, within three months after the date of the public announcement, report their claims to the people's court and explain the amount of the claims, as well as whether or not they are secured with property, and also deliver relevant materials of proof. Creditors who do not report their claims during these periods shall be deemed to have automatically abandoned their claims.

　　人民法院对有财产担保债权和无财产担保债权的申报，应当分别登记。

The people's court shall register separately claims that are secured with property and claims that are not

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