Chương 5 Nghị định 90/2011/NĐ-CP về phát hành trái phiếu doanh nghiệp: Trách nhiệm của các tổ chức, cá nhân liên quan

Chapter V

RESPONSIBILITIES OF RELATED INSTITUTIONS AND INDIVIDUALS

Article 34. The Ministry of Finance

1. To assume the prime responsibility for, and coordinate with related agencies in, guiding the implementation of this Decree.

2. To review and monitor the issuance of corporate bonds under this Decree.

Article 35. The State Bank of Vietnam

1. To guide and organize the certification and registration of the value of corporate bonds issued to the international market falling within the Prime Minister-approved annual total foreign commercial loan limit of the country.

2. To guide credit institution in conducting the bond issuance under the Law on Credit Institutions and this Decree.

3. To provide for the use of corporate bonds for transactions on the monetary market; the discount and pledge of bonds in credit relations between credit institutions and bondholders under relevant laws.

Article 36. Boards of Directors, Shareholders' General Meetings, Members' Councils and Presidents of companies

1. To approve bond issuance plans under this Decree.

2. To supervise the raising and use of capital raised through the bond issuance under law and charters of businesses.

Article 37. Owners of state businesses

1. To accept their state businesses' plans on issuance of bonds on the domestic market under Article 14 of this Decree.

2. To appraise their state businesses' plans on issuance of bonds to the international market before reporting them to the Prime Minister for acceptance under Article 26 of this Decree.

3. To manage and supervise the bond issuance, use of capital raised through the bond issuance and payment of the principal and interest of bonds upon maturity.

4. To perform other tasks specified in this Decree.

Article 38. Issuing businesses

1. To take total responsibility for the raising of capital through the corporate bond issuance, and the distribution, management and use of capital raised through the bond issuance for proper purposes and with efficiency under bond issuance plans approved by competent authorities.

2. To pay fully and on time the principal and interest of bonds upon maturity and assure the exercise of accompanied rights (if any) for bondholders.

3. To fulfill the obligations to register the issuance and disclose information and observe the reporting regime under this Decree and relevant legal documents; and at the same time, to take responsibility for the accuracy and truthfulness of disclosed information.

4. Before November 1 every year, to register plans on issuance of bonds to the international market for the subsequent year with the State Bank and the Ministry of Finance for summarization and reporting to the Prime Minister for consideration and approval of the country's annual total foreign commercial loan limit.

5. To fulfill their obligations toward agents and other related institutions and individuals.

6. To take responsibility for the accuracy, truthfulness and adequacy of financial statements; to strictly comply with financial management, reporting, accounting and statistical regulations.