Chương V Nghị định 163/2018/NĐ-CP: Trách nhiệm của các cơ quan có liên quan

Chapter V

RESPONSIBILITIES OF INVOLVED BODIES

Article 31. Responsibilities of the Ministry of Finance

1. Preside over and cooperate with bodies concerned in providing instructions for implementation of this Decree.

2. Synthesize and evaluate the current conditions of corporate bond issuance in accordance with this Decree to appeal to the Government to issue or amend the policies on corporate bond issuance.

Article 32. Responsibilities of the State Bank of Vietnam

1. Instruct credit institutions to issue bonds in accordance with the Law on Credit Institutions and the provisions of this Decree.

2. Give instructions about the tasks of foreign exchange management related to the issuance of bonds to international markets.

Article 33. Responsibilities of the State Securities Commission

1. Impose administrative penalties for violations arising in the issuance of corporate bonds in accordance with regulations on administrative penalties in the securities and stock exchange sector.

2. Give opinions on the issuance of convertible bonds and warrant-linked bonds by issuing enterprises which are public companies in accordance with laws on securities.

Article 34. Responsibilities of Management Boards, Members’ Boards and Chairman of the issuing enterprise

1. Approve bond issuance plans according to the provisions of this Decree and current law provisions.

2. Supervise the mobilization and use of funds generated from the bond issuances according to current law provisions and the provisions of the issuing enterprise’s charter.

3. Take full responsibility for the decision to mobilize capital through bond issuance and supervise the use of capital from bond issuance in accordance with the approved bond issuance plan and disclosure of information to investors.

Article 35. Responsibilities of the issuing enterprise

1. Comply with the provisions of this Decree on issuance requirements, issuance plans, documents on issuance and information disclosure and reporting regime.

2. Distribute, manage and use funds generated from bond issuance for the right purposes as provided in this Decree and the bond issuance plan approved by competent authorities.

3. Make full and timely payments of bond principal and interest at maturity and ensure the implementation of the associated rights (if any) to bondholders.

4. Bear responsibility for the accuracy, truthfulness and completeness of published information and financial statements; implement the regime of financial management, reporting and statistical accounting according to the provisions of law.

5. Issuing enterprises that fail to comply with this Decree shall be subject to administrative penalties for their violations arising from the issuance of corporate bonds in accordance with Government’s Decree No. 108/2013 /ND-CP dated September 23, 2013 of the Government stipulating the imposition of administrative penalties for violations arising in the sector of securities and securities market, Government’s Decree No. 145/2016/ND-CP dated November 1, 2016, amending and supplementing a number of articles of Decree No. 108/2013/ND-CP dated September 23, 2013 of the Government stipulating penalties for administrative violations in the field of securities and securities market, guiding documents and other documents on amendments and supplements (if any).

Article 36. Responsibilities of issuance consulting, bidding, brokerage and issuance guarantee organizations

1. Provide counseling on issuance of bonds, conduct bidding, provide issuance brokerage and guarantee services for issuing enterprises under signed service agreements.

2. Comply with regulations on the limits to the number of investors as provided in clause 2 of Article 4 and clause 8 of Article 6 herein; comply with regulations on issuance requirements and documentation as provided in Article 10, Article 11 and Article 13 herein.

3. Carry out the information and reporting regime in accordance with this Decree.

Article 37. Responsibilities of bond depository organizations

1. Deposit corporate bonds, provide information and manage the number of investors holding bonds under the provisions of Article 16 herein.

2. Provide periodic information on current conditions of depositing of corporate bonds and ownership of corporate bonds of investors to the Stock Exchange in accordance with clause 2 of Article 30 herein.

Article 38. Responsibilities of the Stock Exchange

1. Set up and operate the webpage on corporate bonds in accordance with provisions of this Decree.

2. Issue regulations on operation of the webpage on corporate bonds after receipt of opinions from the Ministry of Finance.

3. Consolidate information about current conditions of corporate bond issuances in accordance with this Decree.

4. Carry out the regime for disclosure of information and reporting on current conditions of private corporate bond issuance in accordance with this Decree.