Responsibility of Bond Issuing Enterprises

Corporate bonds are a type of security with a term of one year or more, issued by a corporation to acknowledge the obligation to repay the principal, interest, and other obligations (if any) of the corporation to the bondholder. The corporation needs to be aware of its responsibilities; therefore, please assist me: what responsibilities does the corporation have in bond issuance?

At Article 35 of Decree 163/2018/ND-CP on the issuance of corporate bonds, effective from February 1, 2019, the responsibilities of corporate bond issuing entities are defined as follows:

  1. Comply with the provisions of this Decree on issuance conditions, issuance plans, issuance dossiers, information disclosure, and reporting policies.

  2. Allocate, manage, and use capital obtained from bond issuance for the intended purpose as stipulated in this Decree and the bond issuance plan approved by the competent authority.

  3. Make full and timely payments of principal and interest on bonds when due and ensure the execution of any accompanying rights (if any) for bondholders.

  4. Be responsible for the accuracy, honesty, and completeness of disclosed information and financial statements; implement financial management, reporting, and statistical accounting policies in accordance with the law.

  5. Corporate entities that issue bonds and do not comply with the provisions of this Decree will be subject to administrative penalties for violations related to bond issuance under the provisions of Decree No. 108/2013/ND-CP dated September 23, 2013, of the Government of Vietnam on administrative penalties in the field of securities and the securities market, Decree No. 145/2016/ND-CP dated November 1, 2016, of the Government of Vietnam amending and supplementing certain articles of Decree No. 108/2013/ND-CP dated September 23, 2013, of the Government of Vietnam on administrative penalties in the field of securities and the securities market, as well as guiding documents and any subsequent amendments and supplements (if any).

The above is the content of the consultation.

Respectfully and wishing you good health!

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