Chương VII Thông tư 03/2016/TT-NHNN: Trách nhiệm của các bên liên quan

Chapter VII

RESPONSIBILITIES OF INVOLVED PARTIES

Article 42. Responsibilities of borrowers

1. Present documents or records in accordance with laws and upon the request of the account service provider when performing foreign loan transactions; take legal responsibility for providing accurate and authentic information.

2. Implement regulations on declaring information, making reports and maintaining information security in accordance with provisions set forth in this Circular.

3. Take legal responsibility for providing and declaring accurate and authentic information on websites through their log-in accounts, information or documents attached to applications for registration or registration for changes of loans, reports sent to competent authorities.

4. Comply with regulations on administration of foreign borrowing or foreign debt repayment in this Circular and other relevant regulations when signing foreign loan agreements and effecting foreign loans.

Article 43. Responsibilities of the guarantor

The guarantor that uses payment accounts opened at the account service provider of the guarantor to effect guarantee obligations shall assume the following responsibilities:

1. Present documents or records in accordance with laws and upon the request of the guarantor's account service provider.

2. Take legal responsibility for providing and declaring accurate and authentic information.

3. Comply with regulations on administration of foreign exchange and other relevant regulations when giving the borrower guarantee.

Article 44. Responsibilities of the account service provider

1. Provide account services for foreign loan transactions (fund withdrawal, debt repayment, fee payment or those relating to guarantee) on the basis of:

a) Statement on confirmation of registration or registration for changes of foreign loans (applicable to the case in which foreign loans are subject to registration) issued by competent authorities;

b) Loan agreements and other relevant arrangements;

c) Written proof of fund withdrawal or debt repayment presented by the borrower upon the request of the account service provider.

2. Inspect and check documents presented by the borrower and involved parties to ensure that money transfer transactions relating to foreign loans must be consistent with the written confirmation of registration or registration for changes (in the event of loans subject to registration), loan agreement and other relevant arrangement.

3. Provide the borrower’s accurate information about foreign loans (including amount of fund withdrawn or debt repaid; reference information about loan agreements or borrower) in the written confirmation of how foreign loans are effected which is issued by the borrower upon request.

Article 45. Responsibilities of the Foreign Exchange Administration

1. Take charge of establishing the model of administration of information about foreign borrowing and foreign debt repayment through websites.

2. Implement functions or duties in accordance with this Circular.

3. Make best use of the database of foreign borrowing and foreign debt repayment which assists the work of establishing and operating policies in consistency with its functions and duties.

4. Take charge of and cooperate with the National Credit Information Center of Vietnam in:

a) Creating user’s manuals, and posting and updating information on websites in a regular manner;

b) Revising and improving contents of websites in order to offer users advantages, and undertaking that the database must assist administration of foreign borrowing and repayment of foreign debts which are not guaranteed by the Government;

c) Answering any question about websites; receiving and providing timely guidance, and dealing with any difficulty or requests of users during the process of using and operating such websites;

d) Providing instructions on registration and issuance of log-in accounts or any change to information about these log-in accounts for entities referred to in subparagraph b and c paragraph 1 Article 8 hereof.

Article 46. Responsibilities of the National Credit Information Center of Vietnam

1. Maintain safety and stability during operation of websites, and prevent unauthorized access to websites and databases for administration of foreign borrowing and foreign debt repayment.

2. Use information available on websites in accordance with regulations on credit information operations of the State Bank.

3. Cooperate with the Foreign Exchange Administration in implementation of provisions laid down in paragraph 4 Article 45 hereof.

Article 47. Responsibilities of the State Bank branch of the city or province where the borrower’s head office is located

1. Implement functions or duties under authority stipulated by this Circular.

2. Take responsibility to guide, oversee, remind and encourage borrowers to declare information declaration, and make reports in accordance with provisions laid down in this Circular.

3. Make best use of the database of foreign borrowing and foreign debt repayment within its delegated authority which assists administration of foreign borrowing or foreign debt repayment on its territory of operation in consistency with its functions and duties.

4. Inspect, examine and impose penalties for administrative violations within its jurisdiction in respect of cases of administrative violations in the course of implementing provisions laid down in this Circular.

Article 48. Responsibilities of Banking Inspection and Supervision Authority

Inspect, examine and impose penalties for administrative violations within its jurisdiction in respect of cases of administrative violations in the course of implementing provisions laid down in this Circular.

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