Chương 6 Nghị định 53/2013/NĐ-CP: Trách nhiệm của cơ quan quản lý nhà nước và các bên có liên quan

Chapter VI

RESPONSIBILITIES OF STATE MANAGEMENT AUTHORITIES AND RELEVANT PARTIES

Article 25. Responsibilities of the State bank

1. Issuing the Decision to establish Asset Management Company

2. Approving the Charters and amendments to the Charter of Asset Management Company

3. Using legal capital sources to ensure the sufficient charter capital of Asset Management Company as prescribed in Article 9 of this Decree.

4. Exercising the right to represent state capital at Asset Management Company.

5. Performing supervision, inspections, and penalize the violations against the laws on buying, selling, and settling bad debts committed by credit institutions and Asset Management Company.

6. Cooperating with the Ministry of Finance in guiding Asset Management Company to do the accounts.

7. Providing credit institutions and Asset Management Company with guidance on buying, selling, and settling bad debts.

8. Elaborating and provide guidance on the implementation of the Articles and Clauses of this Decree that are assigned to the State bank.

Article 26. Responsibilities of the Ministry of Finance

1. Coordinating with the State bank in providing guidance on the financial mechanism of Asset Management Company.

2. Coordinating with the State bank in guiding Asset Management Company to keep do the accounts.

Article 27. Responsibilities of the Ministry of Justice

1. Coordinating with relevant agencies and organizations in studying and completing the documents providing guidance on the order and procedure for asset auction in accordance with this Decree and relevant laws.

2. Coordinating with relevant agencies and organizations in directing affiliated units and registries to cooperate with and support Asset Management Company in registering secured transactions

Article 28. Responsibilities of the Ministry of Natural Resources and Environment

Providing guidance for affiliated units on cooperating and supporting the transfer of the right to use land during the settlement of collateral of Asset Management Company.

Article 29. Responsibilities of the Ministry of Labor, War Invalids and Social Affairs

Coordinating with the Ministry of Finance and the State bank in providing guidance on the mechanism for wages, bonus, and benefits of employees of Asset Management Company according to the mechanism applicable to state-owned enterprises, in a way that suit the operation of Asset Management Company.

Article 30. Responsibilities of relevant Ministries, agencies, organizations, and People’s Committees at all levels

1. People’s Committees and police departments at all levels shall participate in the seizure and management of collateral, and take measures to ensure the order and security, ensuring the rights of Asset Management Company to seize and keep collateral.

2. People’s Committees and tax authorities at all levels shall assist Asset Management Company in completing the procedure and documentation for fulfilling its financial obligations to the State when transferring the right to collateral to buyers.

3. People’s Committees, Natural Resources and Environment Authorities, and relevant agencies at all level shall cooperate in following the procedure for registering and transferring the ownership and the right to use assets at the request of Asset Management Company.

4. The Ministries, agencies, organizations concerned and People’s Committees at all level, within their area of competence, shall direct their affiliated units to complete the procedure and legal documents of collateral, settle collateral, and recover debts at the request of Asset Management Company.

Article 31. Responsibilities of credit institutions

1. Assessing and identifying the bad debts eligible for being sold to Asset Management Company.

2. Selling bad debts to Asset Management Company.

3. The credit institutions that have sold bad debts to Asset Management Company shall:

a) Sufficiently and responsively providing Asset Management Company with the information and documents about loan customers, debt payers, guarantors, debts, and collateral of the debts sold to AMD; take responsibility for the sufficiency and accuracy of such information and documents;

b) Coordinating with competent agencies, Asset Management Company, and loan customers in completing the procedures and legal documents relating to the bad debts and collateral of the bad debts sold to Asset Management Company.

c) Considering and offering credit to loan customers that sell bad debts to the Asset Management Company in accordance with agreements and law.

4. The credit institutions that sell bad debts to Asset Management Company and receive special bonds shall:

a) Fulfill the obligations prescribed in Clause 2 Article 21 of this Decree;

b) Take and perform the tasks assigned by Asset Management Company as prescribed in Clause 2 Article 12 of this Decree;

c) Include the expenditures on the management, collection, settlement of debts and collateral for the bad debts purchased by Asset Management Company with special bonds and the expenditures on the performance of the tasks assigned by Asset Management Company in the operating costs

d) Ensure the safety of assets and documents entrusted by Asset Management Company; supervise, collect, settle bad debts and collateral entrusted by Asset Management Company.

dd) Immediately notify the Asset Management Company of the revenues from the collection of principal, interest, settlement and sale of collateral.

5. Fulfill other responsibilities as prescribed by law.

Article 32. Responsibilities of loan customers and debt payers.

1. Fulfilling the obligations to credit institutions and Asset Management Company in accordance with the commitment and law.

2. Arranging capital, sell assets, and transfer collateral under the ownership of loan customers to repay principal and interest to Asset Management Company or the credit institutions authorized by Asset Management Company.

3. Ensuring the close cooperation, sufficiently and responsively provide information and documents at the request of Asset Management Company and the credit institution authorized by MAC; take responsibility for the accuracy of the information and documents provided for Asset Management Company and the credit institution authorized by Asset Management Company.

4. Completing the legal documents relating to the bad debts and collateral for the bad debts sold to Asset Management Company.

5. Supplementing, replacing collateral, or take measures for ensuring debt repayment in accordance with agreements with relevant parties.

6. Accept the sale and purchase of debts between credit institutions and AMD.

7. Fulfill other responsibilities as prescribed by law.

Article 33. Responsibilities of guarantors

1. Fulfill all obligations in accordance with the signed guarantee contracts and law.

2. Ensure the close cooperation, sufficiently and responsively provide information and documents at the request of Asset Management Company and the credit institution authorized by MAC; take responsibility for the accuracy of the information and documents provided for Asset Management Company and the credit institution authorized by Asset Management Company.

3. Arrange capital, sell assets, and transfer collateral under the ownership of guarantors to repay principal and interest to Asset Management Company or the credit institutions authorized by Asset Management Company.

4. Supplement, replace collateral, or take measures for ensuring debt repayment in accordance with agreements with relevant parties.

5. Accept the sale and purchase of debts between credit institutions and AMD.

6. Fulfill other responsibilities as prescribed by law.

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