Legal basis: Enterprise Bankruptcy Law of the People's Republic of China.
Article 1 This Law is formulated in accordance with the Constitution for the purpose of standardizing the bankruptcy procedures of enterprises, clearing up the creditor's rights and debts fairly, protecting the legitimate rights and interests of creditors and debtors, and maintaining the order of the socialist market economy.
Article 2 If an enterprise as a legal person is unable to pay off its due debts, its assets are insufficient to pay off all its debts or it obviously lacks solvency, it shall clear up its debts in accordance with the provisions of this Law. An enterprise as a legal person may be reorganized in accordance with the provisions of this law if it has the circumstances specified in the preceding paragraph or obviously loses its solvency.
Article 3 Bankruptcy cases shall be under the jurisdiction of the people's court of the debtor's domicile.
Article 4 The relevant provisions of the Civil Procedure Law shall apply to the trial procedures of bankruptcy cases that are not provided for in this Law.
Article 5 Bankruptcy proceedings initiated in accordance with this Law shall have effect on the debtor's property outside the territory of People's Republic of China (PRC). If the judgment or ruling of a legally effective bankruptcy case made by a foreign court involves the debtor's property in People's Republic of China (PRC), and the people's court applies for recognition and enforcement, the people's court shall examine it according to the international treaties concluded or acceded to by People's Republic of China (PRC) or the principle of reciprocity, and find that it does not violate the basic principles of People's Republic of China (PRC) law and does not harm national sovereignty, security and social interests.
Article 6 When trying bankruptcy cases, the people's courts shall protect the legitimate rights and interests of employees of enterprises according to law, and investigate the legal responsibilities of managers of bankrupt enterprises according to law.
Article 7 The debtor may apply to the people's court for reorganization, reconciliation or bankruptcy liquidation under the circumstances specified in Article 2 of this Law. If the debtor is unable to pay off the debts due, the creditor may apply to the people's court for reorganization or bankruptcy liquidation of the debtor.