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FINANCE MINISTRY
Number: 05 /2015/TT-BTC
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THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, January 15, 2015
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IT ' S SMART
Oh. Registration, registration, clearing, and payment transaction payment. n
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Stock Law Base June 29, 2006;
The amended Law Base, added some of the provisions of the Securities Law on November 24, 2010;
Corporate Law Base November 29, 2005;
Base of Protocol 58 /2012/NĐ-CP July 20, 2012 by the Government Regulation and guidelines enforce certain provisions of the Securities Law and Amendment Law, which complements some of the provisions of the Securities Law;
Base of Protocol 215 /2013/ND-CP December 23, 2013 of the Government stipulated the functions, duties, powers, and organizational structure of the Ministry of Finance;
On the recommendation of the Chair of the State Securities Commission;
The Minister of Finance issued the Information for Registration, Registration, Clearing, and Exchange of Securities.
GENERAL REGULATION
What? 1. The tuning range and subject apply
1. This information provides for registration, registration, clearing, and payment of securities trading on the Vietnam stock market.
2. The subject applicable to this Notice includes: Vietnam Securities Archive Centre (later abbreviated as VSD), registered member, open-account organization, release organization, payment bank, and registered clients, registered, transaction payments, and more. stock.
In this Information, the words below are understood as follows:
1 The stock certificates. is the stock released in the form of physical evidence. Information about the legal possession of the property holders is noted on the securities certificate.
2. Log stock is the stock released in the form of a notebook or electronic data. Information about the legal possession of a registered stock owner is noted on the stock register.
3. Register of stock holders (or stock registers) is a log of information about the owner of the securities issued by the organization when filing a securities registration profile at VSD and the VSD book set up when the stock management registered.
4. Stock holders is the person with the name on the stock owner register at VSD.
5. Stock certificate/certificate certificate is a document issued by the organization or organization that is held to issue grants to the owner of the stock to confirm information about the possession of the stock at a certain point.
6. Last registration date is the day VSD confirmed the list of stock holders entitled to conform to the rule of law.
7. Storage member is a securities company, a commercial bank operating in Vietnam that was issued by the State Securities Commission (later abbreviated UBCKN) issued a stock-registered registration certificate and approved by the VSD as a registered member.
8. The organization opens the account directly. is the organization to open a direct stock exchange account at VSD and use the storage services, the compensation payment of VSD on the basis of a contract offering service with VSD.
9. Multimodal offset is the method of clearing the stock transactions that are matched in the same day between all parties to the transaction according to each type of securities to determine the net payment obligations of each payment party.
10. Net Payment obligation is the amount of money, the stock that the transaction payment is obligated to have to pay the basis of the multilateral compensation outcome.
11. Direct payment via VSD is the method of payment of money and securities made directly between the parties involved in the transaction via VSD.
12. Sign of stock is the holding of the securities into the focus on VSD to carry out the transaction.
13. Available Paper is the type of paper priced in accordance with the regulation of the law on the bank used in the currency market business between the State Bank with its clients.
14. Payment Bank is a commercial bank that is selected by UBCKNN for payment of the payment of transactions on the Stock Exchange (later abbreviated SGDCK) and for other payment activities.
15. Valid Profile is the file full of paperwork and has full prescrip content according to the regulation.
REGISTRATION OF SECURITIES STORAGE ACTIVITIES
What? 3. The registration of securities storage activity
The registration conditions for the securities of securities are carried out by regulation at Article 48 of the Securities Law.
What? 4. Stock registration activity, branch of securities storage activity
1. The registration of the stock exchange activity of the securities company, the commercial bank includes:
a) The registration of securities in securities (Annex I issued to this message);
b) The copy of the license to be established and active;
c) The intelligence on the basis of matter, the guarantee of ensuring the operation of the securities (Annex II issued by this message);
d) Financial reports were audits of the year closest year, except for the case of a stock company, the newly established commercial bank.
2. After being issued by the UBCKNN Certificate of Registered Securities Storage, the stock company, the commercial bank is registered to either one (01) or some of its affiliates performing the stock-in-stock operation. The filing of securities filing activities for the securities company branch, the commercial banking branch includes:
a) A copy of the Registration Certificate of Stock Exchange filed by UBCKNN for securities firm, commercial bank;
b) The registration of the securities registration activity for the branch (Annex III issued with this message);
c) The intelligence on the basis of engineering material guarantees the implementation of the securities storage operation at the branch (Annex II issued with this Information);
d) The authorization paper for the branch to carry out the securities of securities (Annex IV issued by this message).
What? 5. Presentation, registration procedure, and deployment of securities storage operations
1. The prescribed profile at Article 4 This message is established as a (01) original case set and directly submitted or sent through the postal route for UBCKNN.
2. In the fifteen (15) days, since the date of the receiving of valid records, the UBCKNN grants the registered registration of securities to the securities company, the commercial bank. The case refused, UBCKN must have the text to answer and specify the reason.
3. In the time of ten (10) days, since the date of a valid filing, UBCKNN grants approval to approve the securities company branch, the commercial banking branch that is implemented in the securities storage operation. The case refused, UBCKN must have the text to answer and specify the reason.
4. During the twelve (12) months, since the date of the registration of the registered securities registry, the securities company, the commercial bank must serve as a registered member in the VSD and conduct operations.
5. During the period of three (03) months, from the date the branch is granted the approval of the implementation of the securities storage operation, the securities company, the commercial bank must manually register its operating branch with the VSD.
What? 6. Suspended, revoking the certificate of registration of the securities storage activity, ending the stock exchange activity of the securities company branch, the commercial banking branch of the stock market.
1. UBCKN suspension, revoking the certificate of registration of the stock exchange activity of the securities company, the commercial bank by regulation at Article 51 of the Securities Law.
2. UBCKNN terminated the securities storage operation of the stock company branch, the commercial banking branch in the following cases:
a) The stock company, the commercial bank revoked certificates of registration of securities securities filed by UBCKNN;
b) The stock company, the commercial bank does not make the registration of the registered operating branch at the VSD under the provisions of this Article 5 Article 5;
c) The securities company, the commercial bank voluntarily terminated the operation of securities in the branch;
d) The branch revoked the Certificate of Filed Operations Branch by VSD;
The branch ends.
3. The stock company, the commercial bank is fully responsible for its customers, investors in the case of the branch that is terminated in the securities storage operation.
MEMBER OF THE ARCHIVES AND THE ORGANIZATION OPEN ACCOUNT DIRECTLY AT VSD
What? 7. Registration as a member of the VSD
1. The stock company, the commercial bank registered as a registered member of the VSD must meet the following conditions:
a) There is a certificate of registration of securities filed by UBCKNN;
b) There is a minimum of one (01) member of the assigned Board of Directors in charge of registration, registration, clearing payment;
c) There are employees working at the storage department department that completed the VSD career course;
d) There is a process of registration, registration, clearing, and payment of securities in accordance with the existing law regulation and the activities of VSD's business activities;
The registration, storage, clearing, and payment of the securities software system is likely to connect to the electronic communication portal or online communication portal of VSD and the application management software, storage, clearing, and payment of the stock. with the existing law regulation and the VSD business activities regulations.
2. The registered registered member provides a stock exchange service for its branch. Registration conditions include:
a) Regulation conditions at point b, c, d and clause 1 Article;
b) There is a decision to approve of the branch that performs the stock exchange operation provided by UBCKN to the branch.
3. VSD guide sequence, registration procedure, and licensing of a registered member of the registry, the Certificate of Registered Operating Branch.
What? 8. The rights and obligations of the member of the
1. comply with regulatory rights and obligations at paragraph 2 and Section 3 Article 47 The Securities Law.
2. There are other rights and obligations under the rule of law and the rules of the VSD.
What? 9. VSD breach processing for storage member
1. VSD is applied to the following forms of violation treatment for non-compliant storage members regulation at VSD business operations guidelines:
a) Public reminder;
b)
c) The suspension of the operation member;
d) Recover Certificate Membership Certificate, the Certificate of Contracting Activity.
2. VSD specifies the specific rules of violation, sequence, and breach of the breach.
What? 10. Suspation of the storage member
1. The operating suspension of the member of the storage member includes:
a) The suspension of the stock exchange operation;
b) The suspension of the clearing and payment of the stock.
2. VSD decision to suspend the activity of the storage member after being approved by UBCKN in the following cases:
a) Regular violation of the obligations of a member of the storage member specified by the VSD;
b) In order to cause a lack of serious damage to the customer.
3. The duration of the suspended retention period is 30 (90) days from the date of the suspension of the suspension.
What? 11. Recover Certificate Membership Certificate
1. VSD revoked the certificate membership certificate in the following cases:
a) revoked the registration of registered securities in accordance with provisions in Clause 2 Article 51 of the Securities Law;
b) withed by UBCKN;
c) Do not maintain the registration conditions operating the securities in accordance with regulation at Article 48 The Securities Law;
d) A serious violation of the regulations on the VSD's storage membership.
2. The principle of processing of the certificate membership certificate:
a) In the first round (01) working day since the date of receiving the documents related to the recall of the Registered Membership Certificate, VSD stops providing registration, registration, clearing, and payment of securities to member of the registry, except for the records. case of the compensation and payment of the securities to complete the transactions performed on SGDCK, the transfer of all customer accounts, the transfer of the holding securities, exercise the right to the holders of the stock and the regulation of home information. investment;
b) The transfer of the account of the customer account is made at the request of the customer, the absence of a request by the customer to perform in accordance with the agreement document or contract transfer of the account between the revoked record member revoked. receiving members of the archives and other storage members;
c) VSD makes a decision to revoking the certificate membership certificate after the member of the file completes the transfer of the customer account, the self-employment account (if any) and has performed full obligations with VSD.
3. VSD instructions sequence, procedures for the recovery of the certificate membership certificate.
What? 12. Capture the Certificate of Storage Activity Branch
1. VSD recall the Certificate of Operational Branch activity in the following cases:
a) The voluntary storage member terminated the branch ' s retention operation;
b) The storage member terminated the operation of the branch at the request of the competent state agency.
2. The storage member is obligated to accept every obligation of the revoked branch of the Certificate of Operational Branch with VSD, customer and related units.
What? 13. The organization opens its account directly at VSD
1. The following organizations are opened directly at the VSD:
a) The investment firm and the state-owned capital business;
b) Credit organizations, insurance market participation by SGDCK;
c) Other objects follow the regulation of the VSD after being approved by UBCKN.
2. The organizations open the account directly in Clause 1 This opens an account to store securities owned by itself and are used for registration, registration, clearing, and payment of VSD securities.
3. VSD provides services to the organization that opens the account directly on the basis of the signed contract between the two parties. The contract consists of the following main content:
a) The scope of service offering;
b) the rights and obligations of the VSD, the organization open the account directly;
c) The dispute resolution;
d) End the contract;
The cost of the service.
4. VSD issued a contract template offering service between VSD with an open account organization.
What? 14. Open the account in special cases
1. The following special organizations are open to a direct account at VSD:
a) Bank of State;
b) The state treasury;
c) The Centre for Water Archives.
2. The State Bank opens an account to store the valuable paper owned by the State Bank and the state bank ' s secretary of state for the service of the currency market.
3. The State Treasury opens an account to store Government bonds owned by the State Treasury to cater to the relevant business of the State Treasury.
4. The Centre for Contracting Countries is opened to provide services related to registration, registration, clearing, and payment of the base stock into the agreement text with VSD after being approved by UBCKN.
STOCK REGISTRATION
1. Type of stock and registration form at VSD:
a) The following types of securities must perform registered in VSD:
-Government bonds, bonds secured by the Government, local government bonds, treasury votes and other types of bonds listed on SGDCK;
-Shares, investment fund certificate listed on SGDCK;
-The securities of the public company and the types of securities must register at VSD under the rule of law;
-Other types of securities are registered at VSD on the basis of agreement between the VSD and the release organization.
b) The stock registered at VSD in the form of registration registration.
2. The public company must carry out the registration of securities at the VSD when registered as a public company with UBCKN under the regulation of the securities law on the registration of the public company.
3. The release of the implementation of the registration of the following information on securities with VSD:
a) Information about the organization of the stock release;
b) Information on the issue of the issue;
c) Information on the list of holders of securities, types of securities, and number of ownership securities.
4. The organization released as a direct securities registration procedure with VSD or through the securities company.
5. VSD tutorial sequence, stock registration procedure at VSD.
1. The domestic securities code for registered securities is issued by VSD for use of consistency when listing, trading post at SGDCK.
2. VSD is the official implementation of the international identifier (ISIN code) for the types of securities released in Vietnam.
3. VSD guidelines of the principle, the procedure for granting the domestic stock and the international identifier code.
What? 17. Login Securities Information Management
1. The release organization must be fully responsible for the accuracy, full and timely timing of the registered securities information with the VSD.
2. VSD managed to focus all of the registered organization information in accordance with the regulation at Article 3 of this Article 15. Any changes concerning the registered stock information must be made in accordance with the VSD information management regulations.
3. VSD guidelines for information management, process, procedures for regulating registered securities information at VSD.
What? 18. The contract provides service between VSD with the release organization.
1. The contract to provide services between the VSD with the release organization includes the following main content:
a) The organization services issue a mandate for VSD execution:
-Asset information management registered at VSD pursuits at paragraph 3 Article 15 This Information;
-Confirm the transfer of the securities to the owner of the stock;
-Calculate and allocate rights to holders of securities.
b) the rights and obligations of VSD, the organization released;
c) The dispute resolution; d) terminated the contract; e) the provision of service provision.
2. VSD issued a contract template offering service between the VSD with the release organization.
What? 19. Transfer of Stock Exchange
1. The stock of the public company registered with VSD but not listed, registration of transactions at SGDCK is made to transfer ownership via VSD under the provisions of the Securities Law.
2. The transfer of ownership to the listing securities, registration of transactions on SGDCK is implemented by VSD in accordance with the following principle:
a) Transfer the ownership of the stock through the purchase of the purchase done through SGDCK ' s trading system;
b) Transfer the ownership of securities beyond the stock exchange system for transactions that do not carry the purchase or cannot be made through the SGDCK trading system in the following cases:
-The gift, and the gift, and the inheritance of the law, according to the provisions of the law of the people;
-Exchange of retail securities according to the regulation of the securities law and stock market;
-The organization repurchases preferable stock or stock acquisition (not to give up the buyout) of the cadre, the employee at the termination of the labor contract as the fund stock, shares reward for cadres, employees;
-The Company ' s union repurchase preferable stock or stock acquisition (not to give up the buyout) of the cadre, the employee at the end of the labor contract as a reward stock for cadres, employees;
-The organization repurchases shareholder shares of voting in protest against the decision on reorganization of the company or the change of rights, the obligations of the shareholder stipulated at the Company ' s Charter;
-The organization releases a fund stock, a recall stock, the company of the organization that releases its shares from sources such as being distributed, acquired, revoked for distribution, reward for cadres, employees;
-The trading of the founding shareholder in the time of the transfer constraint is consistent with the rule of law;
-The organization releases a strategic shareholder change during the time of the transfer constraint;
-The hedge fund transfers ownership of its securities to the fund management company in the event that the fund management company receives a portfolio of assets by assets; or the fund management company transfers ownership of the securities to the state. Trust investment or other fund management company in the case of termination of an investment portfolio management contract; or fund management company, bankruptcy, must return the investment trust investor or transfer asset portfolio to another fund management company to manage the fund. -
-Transfer of ownership according to the verdict, the court ' s decision, the judgment of the arbitration or decision of the execution body;
-Split, split, merge, merge, which contributes to the equity of established business in accordance with the provisions of Civil Law, Corporate Law and Securities Law;
-Say hello to the law of law.
-Sell the state capital at the rule of law;
-Transfer of the ownership of the structural stock, the fund certificate in the swap transaction with the index swap fund;
-Transfers ownership of valuable paper on the currency market at the request of the State Bank;
-Transfer of ownership in loan and securities lending under the regulation at Article 47 This is the transfer of securities ownership from the lender to the borrower and vice versa or transfer ownership of the secured property as securities from the borrower. The loan to the lender in the case of the borrower lost the ability to repay the loan;
-Transfer of ownership due to asset processing is securities in the mortgage transaction, mortgage, deposit. The case of transferring ownership involves foreign investors only after the opinion of the state agency with jurisdiction;
-Other ownership transfer cases after the SOCKS opinion.
3. The owner of the securities must perform a stock exchange prior to the implementation of the ownership transfer under the provisions at Clause 1 and Clause 2 This. Cases of transfer of unsigned securities must have an opinion of UBCKNN.
4. VSD tutorial sequence, procedures for transferring ownership of registered securities beyond the specified trading system at Point 2 This Article.
What? 20. Abort stock registration
1. The cancellation of the registration for securities at VSD is applicable in the following cases:
a) The bond, the vote to the finite time;
b) The bond is held to be repurchased ahead of time of maturity;
c) Organization releases dissolution, bankruptcy, division, separation, mergers, merger, capital reduction;
d) The organization issued stock swaps, bonds;
The fund has been listed on SGDCK;
e) The Foundation for the dissolution of the category;
g) The securities of public companies registered at the VSD but no longer meet the conditions as a public company and have a request to cancel the registration;
h) voluntarily cancel the registration of the securities registration organization under agreement with VSD.
2. VSD tutorial sequence, stock cancelation procedure.
What? 21. Do the right of the stock holders
1. On the basis of the documents below, the VSD sets the list of securities holders at the last date of registration, calculation and allocation of rights that the owner of the stock is received by the rule of law:
a) The notification text of the organization's release or organization, the individual has the authority to convene the General Assembly under the provisions of the Enterprise Law;
b) the organization of the organization's release.
2. Only those named on the list of stock holders led by VSD on the date of the last registration date received the rights to arise in connection with the securities that they own.
3. The organization released, organized, personally competent to convene the General Assembly General Assembly under the provisions of the Enterprise Law only to use a list of stock holders provided by VSD for the purpose stated in the text of the specified notification at the Point. a 1 Article and bear all responsibility if you use the wrong purpose or disclosure of information.
4. The holders of the securities have entered into the rights, the benefits are allocated through the VSD and the members of the archives where the holders open the deposit account. Holders of the unsigned securities receive the rights, the benefits allocated directly at the organization's release or organization are organized.
5. VSD, the registered secretary responsible for the ownership of the registered securities holders, registered in VSD, is responsible for the damages caused to holders of securities due to the right not adhering to the provisions of the permissions of this privacy. or to process your registration, registration, clearing, and payment of the VSD within your range of responsibility.
6. The listing, which provides the list and organization that exercise the rights of the stock holders is carried out on the basis of the organization's authorization issued or under the VSD business process.
What? 22. Rights and obligations of the release organization have registered securities.
1. Compact on the provisions of the law and the statutes of securities registration, exercise rights to the holders of registered securities and other relevant business processes of the VSD.
2. Sign the contract to provide services with VSD under the regulation at Article 18 of this.
3. Provide timely and accurate delivery to the VSD of information or necessary documents to carry out the registration of the securities and exercise the right to the regulation or when the VSD has a written requirement, fully responsible for the information content that has been made. provide with VSD.
4. Responsible for the damage caused by the VSD and holders of securities when not making the correct implementation of the VSD law and statute, except for the unimpede case.
5. VSD services provided by the Ministry of Finance provided by the Ministry of Finance.
6. VSD provides registration services, exercise rights and other services under the agreement between the two parties to conform to the provisions of this privacy and other provisions of the law.
7. Be required VSD to provide securities holders information, the registered securities information under the agreement between the two parties and in accordance with the provisions of this Information and other provisions of the law.
8. Other rights and obligations under the rule of law and statute of VSD.
STOCK EXCHANGE
What? 23. Stock Exchange Principles
1. Customer stock exchange at VSD is made in accordance with the principle: the customer store securities at the member of the store and the member of the stock exchange restorage member at the VSD.
2. The storage member receives the registration of the customer's securities as the authorized recipient of the registration, registration, clearing, and payment of the securities. To store securities, the customer must sign an open stock exchange account with a member of the archive.
3. VSD receives a restorage of securities from members of the archives, the organization opens the account directly. To re-store securities, members of the archives, the organization opens a direct account to open a stock exchange account in the name of a member of the archive, the organization opens its account directly at VSD.
What? 24. Open Stock Exchange Account
1. The storage member must open the stock exchange account at VSD to make transactions for the stored securities at VSD. Each member of the archive is opened only one (01) the stock exchange account at the VSD and does not open an account of the archive at the other member of the archive, except for the following cases:
a) Open membership in a member of the fund to make a swap transaction with a catalog swap fund;
b) The storage member is the securities company that has withdrawn the securities brokerage case, withdrew its self-business, ending membership at SGDCK is allowed to open the deposit account at other storage members to handle the number of remaining stock on the property. Self-sale.
2. The organization to open a direct account is allowed to open a stock exchange account at VSD under contract to provide services with VSD.
3. Open the record account to the investor:
a) At each member of the archive, the investor is only opened one (01) the stock exchange account;
b) The investor is the organization, the foreign individual who opens the stock exchange account in the registered member after registering the stock exchange code according to the relevant law of the law.
4. Each investment fund is open only one (01) the account of the deposit at one (01) the storage bank, the regulatory bank pursues to the regulation of the relevant law.
5. The fund management company must open a separate stock exchange account for the company and for each securities investment fund run by the company. The case of the implementation of portfolio management, at each deposit bank, the fund management company opened two (2) of a deposit account of the name of the fund management company on behalf of the trustee investor (one (01) the account of the storage for domestic trust customers and one. (01) the deposit account for foreign trust investor).
6. Foreign investment fund, foreign investment organization managed by many fund management companies that are opened with a number of securities storage accounts under the principle that each stock transaction number is granted, opened one (01) stock exchange account in the United States. The bank of the archives.
7. Foreign investors are foreign securities firms established under the open foreign law (02) separate securities storage accounts in a member of the deposit to manage securities owned by the company itself and the company's customers.
8. The insurance company 100% of foreign capital must open two (02) stock exchange accounts at one (01) member of the deposit to manage separate investments from equity and from insurance premiums when making investments in the stock market.
9. VSD tutorial sequence, procedure for opening a stock exchange account at VSD.
What? 25. Stock Exchange Account at VSD
1. The securities storage account of the storage member and the organization open the account directly at the VSD including:
a) Exchange stock account;
b) The security account suspended transactions;
c) The holding stock account;
d) A sealed, suspended securities account;
The SEC account for payment;
e) Account of the pending securities;
g) The loan account waits for loan;
h) The fund securities account guarantees the loan;
i) Accounts securities waiting for transaction;
l) Stock Exchange of transaction error;
l) Other accounts by law.
2. The stock exchange account of the storage member states at This 1 Article which is classified as follows:
a) Account of the member itself;
b) Account for the domestic customer of the storage member;
c) Account for the foreign customer of the member of the storage member.
3. The stock exchange account of the storage member, the organization open the account directly at VSD including the following contents:
a) Stock Exchange Number;
b) The name and address of the storage member;
c) The number, type and code of securities stored;
d) The amount of stock increased and the reason of increased increases;
All the necessary information.
What? 26. Asset storage account management at VSD
1. VSD manages the stock storage account in the following principle:
a) The stock of storage at VSD is property owned by the customer, which is managed separately from VSD assets;
b) VSD is not used by the customer's stock for the benefit of the VSD itself or of the third party, except for other regulated law cases.
2. VSD only performs the accounting on the stock-storage account when the evidence from the accounting is full, valid and is the original certificate.
3. The total balance on the securities storage accounts of the open customer in the member of the archive must always match the balance of the securities-deposit accounts of the open-deposit member at VSD. The number of details on the stock exchange account of each customer in the storage member must match the number of items owned by that customer at VSD.
4. When there is any change or error in terms of a stock exchange account information, a member of the archive, the organization opens a direct account that is obligated to report and adjust directly to VSD. The procedure, the procedure that regulates the securities storage account information follow the instructions of the VSD.
5. When the information error is detected in a member of the archive member's stock exchange account, the organization opens the direct account or customer of the storage member, the VSD must inform the member of the archive, the organization open the account directly and its organizations. This position is responsible for corrects.
What? 27. Customer ' s stock exchange account at the storage member
1. The customer ' s stock exchange account is open at the storage member including:
a) Exchange stock account;
b) The security account suspended transactions;
c) The holding stock account;
d) A sealed, suspended securities account;
The SEC account for payment;
e) Account of the pending securities;
g) The loan account waits for loan;
h) The fund securities account guarantees the loan;
i) Accounts securities waiting for transaction;
l) Stock Exchange of transaction error;
l) Other accounts by law.
2. The customer ' s stock exchange account is open at the storage member including the following contents:
a) Stock Exchange Number;
b) The name and contact address of the customer is the account holder;
c) The number of people and date numbers for individual customers is Vietnamese, the number of Business Registration or Establishment Certificates, and the date of grant to the customer is domestic organization, stock transaction number and date of grant to customers. the foreign goods;
d) The number, type and code of securities stored;
) The number of stock stocks increased, decreased and the reason of the increase, decreased;
e) Other information needed.
3. For the management portfolio of the fund management company, the deposit account at the deposit bank must have sufficient information about the specified trustee client at point b, c, d, e, and e Section 2 This.
What? 28. Asset storage account management at the storage member
1. The storage member must manage the customer's securities storage accounts in the following principle:
a) The storage member must open a detailed stock exchange account for each customer and manage the separation of the property to each customer;
b) Customer retention securities at the storage member are property owned by the customer and are managed separately from the property of the storage member;
c) The storage member is not used securities in the customer's stock exchange account for the benefit of the third party or for the benefit of the member state's government, except for the case of a record member, the stock exchange securities company. the customer's payment in the fund transaction is consistent with the rule of law;
d) The storage member is responsible for timely notice and full of the birthright rights associated with the securities of storage for the customer;
The member of the archive is responsible for security of the information relating to the customer's stock ownership;
e) The storage member is responsible for updating the open information daily, closing the customer's storage account during the day at the file member for the VSD and making the reference to the customer's balance account balance with the number of ownership figures. Client's stock at VSD on the basis of the customer's stock ownership figures that VSD provides to the member of the storage. The sequence, the procedure for updating the account information and the balance of the balance performed by the VSD rules.
2. At the request of the customer, the deposing member must submit to each customer copy of the stock exchange account after a (01) working day since the date of the request.
3. Client is obligated to inform the member of the archive when there is any change or error of the customer's stock exchange account information at the host member.
What? 29. Stock Storage Effect
1. The stock exchange at VSD has been in effect since the time VSD performed the accounting on the relevant stock exchange account, the organization opened its open account open at VSD.
2. The accounting, transfer of securities by a writedown between the stock exchange accounts of the storage member, the organization open the account directly or the customer in the VSD with legal validity as for the transfer of the physical stock exchange. And be recognized by the law.
1. The signing of a customer's securities at the VSD (except for the contracting case of Government bonds, the bond is secured by the Government, local government bonds, treasury votes) implemented in the following principle:
a) Client signs the securities into the VSD through the deposing member where he opens the account;
b) The deposing member is responsible for the procedure for receiving the deposit stock of the customer and resigning to VSD within one (01) working day since the date of receiving a customer's valid profile;
c) VSD is responsible for handling the SEC filing in the first round (01) working days since receiving the valid records of the member of the deposing member;
d) VSD guide to the order, the contracting procedure of a member of the storage member at VSD.
2. The deposing member, the organization open the account directly, the client who signs unvalid securities, false securities, was reported stolen or did not have enough information on the request to be fully responsible for the signing of this stock and must be required. Compensation for the parties involved in the damage caused by the stock exchange.
3. VSD imples a request to sign the securities for the investor at the same time as the stock register when a request from the release organization stands out representing the shareholders. The VSD instructions on the sequence, which signs the stock to the case.
4. VSD performs securities accounting in the securities deposing account of the depositor member, the organization opening the direct account or the customer of the relevant depositor member in the contracting cases of Government bonds, the bonds announced by the Government. bail, local government bonds, treasury trust and stock sign, additional registration funds arise from registered securities at VSD. The VSD instructions for the sequence, which signs the securities to these cases.
5. The organization of the organization released the securities management by the form of the logging on the account and did not release the certificate, the signing of the investor's stock was carried out in accordance with the VSD guidelines.
1. Draw the stock at the request:
a) Client is only required to withdraw securities within the scope of the stock of ownership on the deposit accounts, except for the securities that are being held on hold, blockage;
b) The storage member must transfer to VSD records of the stock in the first round (01) working days from the date of receiving the customer's valid profile;
c) VSD is responsible for handling the stock withdrawal record within one (01) date of work since receiving the valid records of the member of the storage member;
d) The SEC ' s stock ownership information withdrew the record stock recorded on the list of unsigned securities holders;
The organization is responsible for the granting of certificates/certificates of securities to the owner of the stock.
2. The withdrawal of the stock expires, the withdrawal of the securities due to voluntary registration is made in accordance with the automatic VSD principle that reduces the number of registered securities on the securities archive account of the relevant members after the organization. released the completion of the stock registration at VSD.
3. VSD tutorial sequence, stock withdrawal procedure at VSD.
1. The transfer to payment of purchases, the sale implementation through SGDCK ' s trading system is made under the regulation of clearing and payment of securities trading at this Smart VI Chapter.
2. VSD is implemented in the transfer of the storage securities not through the centralized trading system of SGDCK in the following cases:
a) Client all the account of the deposit at this member of the archive to the storage account in the other member of the storage;
b) Transfer the securities from a customer's deposit account in this member of the archive to a customer's storage account in another member of the archive;
c) The transfer of the transaction transaction is priced on the currency market;
d) The stock transfer due to the transfer of the portfolio between the deposit accounts at the request of the foreign investor;
) Transfer the securities due to changes in information about the type of securities, which regulate the amount of stock ownership;
e) When a member of the archive where the customer is opening an account is revoked by the UBCKNN account for the registration of the securities registration activity, withdrawal of a stockbroker or a VSD revoked the certificate member.
g) When the organization opens a direct account termination of a contract offering service with VSD;
h) The cases of transfer of ownership pursues to Clause 1 and point b Article 2 Article 19 This Information;
i) Other transfer cases after the opinion of UBCKN.
3. The storage member must transfer to the VSD filing a stock transfer in the first round (01) working days since the date of receiving the customer's transfer request.
4. VSD is responsible for handling the stock transfer filing within 1 (01) working days for the prescribed transfer cases at Point a, b, c, d, e, and maximum of five (05) working days for regulatory transfer cases at Point, g, et al. H, I have two of these since the date of the valid record.
5. VSD guide sequence, procedure transfer procedure at VSD.
What? 33. blockade, discontinue stock
1. blockade, dissolve the stock at the request of the state agency with jurisdiction:
a) VSD only does the blockade, dissolving the stock after a written request by the state authority to be competent in accordance with the rule of law;
b) After the blockade, dissolving the stock on securities storage accounts, the VSD is responsible for informing the member of the archive, the organization opens a direct account that performs blockade, dissolving securities, and informed customers who are involved. of the member of the scribe.
2. The blockade, the stockbroker of the investor, the storage member, the organization open the account directly:
a) VSD does the blockade, dissolving investor securities when asked by the investor itself to submit to the VSD through a member of the deposing where the investor has the deposing securities blockade, the release. The investor case uses its stock as a secured asset for loans at credit organizations, a member of the storage area where the investor opens a securities deposit account which is responsible for blockade, dissolving securities on securities accounts. Customer's attempt, while submitting a blockade offer, dissects the securities of the VSD to the corresponding accounting at VSD;
b) VSD does the blockade, which is the deposing of the deposing member's securities, which opens the account directly when it is required by the deposing member, the organization opens a direct account sent to the VSD. In case of a deposing member, the organization opens a direct account using its securities as a guarantee property for loans at credit organizations, members of the deposing member, the organization opening a direct account responsible for sending a blockade offer record, the solution. Fixed stock exchange at VSD for corresponding accounting at VSD;
c) VSD is responsible for handling the blockade case, dissolving the holding stock in the first round (01) working days since the date of receiving a valid profile.
3. VSD guide sequence, lockdown procedure, stock exchange at the request of a competent state agency, the holding securities at VSD specified in Clause 1 and Clause 2 This.
CLEARING AND PAYMENT OF STOCK EXCHANGE
What? 34. Compensation and payment transaction payment
1. The clearing and payment of securities trading under the regulation at this Notice is the organization of the clearing and payment of the securities transaction performed at the SGDCK including the Government bond transaction, the bonds announced by the Government of the Government. Government bail, local government bonds and treasury votes.
2. The case with a change in the government bond payment mechanism, the bond is secured by the Government, local government bonds and treasury credits the organization of the compensation operation and the transaction payment made in accordance with the government office. The rule of law is relevant.
3. Compensation Activities and payment of derivatives traded in the text of the law of the derivative stock exchange.
What? 35. The principle of clearing and payment of securities
1. VSD payment according to multilateral compensation results and transactions in each transaction for the stock transactions performed at SGDCK.
2. The stock clearing is implemented by VSD in each securities and separate from the type of brokerage account for domestic customers, brokerage accounts for foreign customers and the self-owned account of the storage member.
3. The clearing of the money is made by VSD for each member of the deposit on a common compensation basis between the amount received and the amount paid for the transactions that have the same time, the payment method at SGDCK and separate from the brokerage account type. customers in the country, brokerage accounts for foreign customers and the self-owned account of the storage member.
4. VSD performs payment of purchasing transactions, selling field securities at SGDCK based on transaction results provided by SGDCK.
5. The payment of the transaction is carried out in accordance with the principle of stock transfer at the same time as the payment payment (DVP).
6. UBCKNN specific guidance on the deadline for the sale of post-transaction securities, after being approved by the Ministry of Finance.
7. The General Manager of VSD decides to apply the method of payment, the time of payment of the securities after being approved by UBCKN.
8. VSD guide sequence, compensation procedure, and payment transaction payment performed at SGDCK.
What? 36. The transaction member ' s transaction payment and the organization open the account directly.
1. The deposing members and the organization open the account directly at the VSD must open an account deposit account in the payment bank to pay for the securities transactions made at SGDCK.
2. The customer case opens a stock exchange account in a registered member as a commercial bank (a registered bank) and orders the transaction through the securities company, the payment of the transaction will be made by the bank.
What? 37. Opposition and validation validation
1. After receiving the transaction results from SGDCK, the VSD is responsible for announcing the transaction results to the storage members and the organizations open the account directly.
2. The member of the archive and the organization opens a direct account responsible for dealing with the transaction details between the original command that is stored in the member of the archive, the organization opens the account directly with the VSD transaction results announcement and the validation again with VSD.
What? 38. Principles of post-transaction correction
1. VSD makes an error correction after a member of the archive member's transaction in the record membership cases is the misplaced securities company, the customer's instructions as: the customer's account error, the securities error, the price of the price, the order, the order, the order. The order to sell and vice versa, wrong number of securities.
2. The post-transaction error correction is done in principle:
a) The case of a failed storage member with a self-made account, the customer's transaction command will be modified by the VSD to the self-filed transaction membership command;
b) The case of an error-to-fix storage member does not have a free account, VSD will open a transaction correction account to a member of the archive for temporary accounting of the number of securities that a member of the archive is received or payable due to the need to make an error correction. The mechanism for execution is as follows:
-When receiving the stock from the error correction, this member of the archive must be obliged to sell the number of received securities on the SEC account correction transaction to the nearest trading session to VSD of all accounts;
-When a loan is reimbursable from the loan party, this member of the archive is allowed to maintain a transaction-fixing stock account until the obligation is complete to the lender.
3. For errors that do not belong to the specified cases at Article 1 This, the General Manager of VSD has the authority to review, handle after the approval of UBCKN ' s approval.
4. The responsibility of the stakeholders in post-transaction error correction:
a) The parties to the transaction must be held accountable for their faults in the scope of their powers and responsibilities. The storage member is responsible for the extent of its powers and responsibilities for the client's post-transaction error;
b) The failure case of the registered member is the securities company that led to the customer of the registered member of the commercial bank (the bank of the registered bank) that lacked the securities to pay, the registered bank was allowed unilless to refuse payment of the transaction, A member of the archive is the related securities company responsible for the payment of the error transaction.
5. The storage member due to the post-transaction correction results temporarily losing the ability to pay the securities to be applied under the prescribed support mechanisms at Article 41 This Information.
6. VSD tutorial sequence, post-transaction correction procedure for transaction securities via SGDCK.
What? 39. Deal with the securities trading failure of the securities company
1. The case of a securities company immised the number of self-business accounts into SGDCK ' s trading system, VSD will make adjustments to the correct number of corporate assets of the securities company to carry out transaction payments.
2. The case of a securities company that misled to a lack of securities for payment or member of an ETF fund is missing or the ETF's fund certificate for payment due to an insuccessful swap transaction under the provisions of the Information 229 /2014/TT-BTC It ' s going to apply the support mechanisms by regulation at Article 41 of this.
1. The case of a trading member is a stock company, a deposit bank, an organization to open an account directly to the wrong number of self-owned account signs into the special bond exchange system of SGDCK Hanoi, VSD will make adjustments to the right number. transaction membership's self-sales to perform transaction payments.
2. Except for the specified case at paragraph 1 This, the VSD will perform the elimination of the transaction and do not pay for the transaction membership error transaction. A transaction member is responsible for compensated for the loss of birth (if available) for the organization, the individual with the transaction-related transaction due to the transaction is not paid.
What? 41. The remedied austerity measures
1. The temporary storage member who loses the ability to pay the stock exchange will be applied to the following payment support mechanisms:
a) The case of a lack of money: using the fund ' s loan support payment or payment of the payment bank;
b) The case of a lack of securities: use of loan securities through the loan and lending of securities provided by VSD.
2. The case to the date of the stock exchange payment, the storage member is not eligible to borrow money from the payment support fund under the VSD payment support fund management process, which is not paid by the bank to borrow money by the bank ' s regulations. Payment or non-borrower securities through the loan and loan-to-stock exchange, VSD will make a payment deadline for the interim transaction that loses the payment capacity of the member of the archive to be processed under the regulation at Article 44 of this Information.
What? 42. The mechanism of handling loss of money payment
1. The mechanism uses payment support funds: depending on the actual value of the payment support fund and the frequency, the level of the use of the fund member's payment support, VSD rules the usage ceiling in each case of payment support. The fund loan interest supports the payment provided by the VSD after consultation with the member of the storage member and is approved by UBCKN but does not exceed 150% of the underlying interest rate provided by the State Bank.
2. The mechanism uses the loan from the payment bank: the applicant member must meet the statutory loan conditions under the rule of law, the payment bank and the signing of the capital loan or the agreement to support the payment of securities trading with the bar bank. Yeah. The agreement to support transaction payments includes the following main content:
a) The principle of borrowing by principle does not exceed the interest rate using the payment support fund;
b) The timeout;
c) The method of ensuring the return of the loan is consistent with the provisions of the law.
3. The storage member loses the ability to pay the money to be subject to all costs, loss of birth and tolerance under the rule of law.
4. VSD sequence specific instructions, the procedure that applies the ability to handle the ability to handle the ability of the stored member.
What? 43. The mechanism of handling loss of securities payment
1. The case due to post-transaction correction leads to a lack of securities for payment, a member of the storage implementation of the securities loan through the loan and lending of VSD securities.
2. VSD sequencing the sequence of the sequence, the procedure of applying the loan mechanism and lending securities to support the payment.
What? 44. Back the payment deadline
1. Back the payment deadline is done in the following principle:
a) VSD will make separate separation of the transaction short of money, securities to reverse the payment deadline for these transactions;
b) The maximum timeout payment period is three (03) working days from the adjacent working day before the payment date of the transaction short of money, securities;
c) The payment for the payment of the payment deadline is done in accordance with the method directly via VSD;
d) The transaction member has a transaction that is back in time to pay compensation to the organization, the individual has the related transaction associated with a 5% degree of payment of payment back/one (01) repayment date.
2. VSD the sequence guide, the procedure that applies the payment deadline.
What? 45. Remove the transaction member ' s transaction payment.
1. VSD has the right to remove the stock transaction payment in the following circumstances:
a) The storage member applied the mechanism to reverse the payment deadline but still do n' t have enough money, securities to pay the transaction;
b) Members, member customers who sell securities without the guidance of the Ministry of Finance;
c) The customer transaction account identity information is not updated at the date of the adjoining work after the date of the transaction.
2. The transaction member whose transactions are eliminated does not pay compensation to the organization, the individual has an associated transaction associated with a 20% non-payment value. In the case of a violation of the law, the member of the archives is processed under the rule of law on the processing of administrative violations in securities and stock markets.
3. VSD is responsible for informing SGDCK of non-payment elimination transactions.
What? 46. Fund management support payment
1. The payment support fund is formed from the funds made by the members of the storage members according to the initial fixed level and annual contribution levels.
2. The money contributes to the payment support fund owned by the storage member and is managed by VSD separately from the VSD assets. A member of the archive is only reimbursable by the amount of money that contributes to the payment of the payment when the member of the archive is revoked by the Certificate of Membership Filed in accordance with the VSD transaction.
3. Interest arise from a fund contribution fund that is allocated to a member of the scribe in accordance with the amount of money and the duration of the contribution of each member of the archive after the exception of management fees for VSD.
4. VSD guidelines for the establishment, management and use of the payment support fund.
What? 47. Asset management and securities lending
1. The loan and loan system of VSD aims to:
a) Support of the securities transaction payment in the case of a VSD-filed member of the holder due to post-transaction error correction resulting in a temporary shortage of securities for payment;
b) Supporting organizations enough to make membership of the ETF that has sufficient securities to contribute, implement the transaction of the portfolio change fund, and the transaction to limit the price arbiter to the current regulation;
c) Other purposes after the approval of the Ministry of Finance.
2. The Securities and Loan System performs on the following principles:
a) The operation of borrowing and lending is done under the mechanism of the agreement between the borrower and the lender on the principle of the borrower must have a secured property;
b) The guarantee property may be money or securities eligible. The identification of the value of secured assets is made in principle: the discount rate for the guaranteed property by money is 0%, by Government bonds, the bond is guaranteed by the Government, the local government bond is at least 5%, by government. The other kind of stock is 30 percent. The VSD regulates the security asset discount rate after the approval of the UBCKN;
c) The guaranteed asset value must reach a minimum rate of 110% of the loan value. The VSD rules the value of the secured asset value compared to the loan value after being approved by UBCKN;
d) The lending rate is agreed on the principle of adhering to the relevant law regulations;
The loan term, the maximum securities lender being the year (05) of working days for the loan agreement to support the stock exchange payments and the maximum of no more than ninety (90) days for the loan agreement, the loan to capital to fund or implement the swap transaction. with an index swap fund. The extension of the implementation follows the loan agreement and the loan party but the maximum is not too much of three (03) times;
e) The loan must be reimbursable by the borrower or refund by the money after being approved by the lender. The case of the lender receives a securities loan return with the maximum number of ownership in accordance with the stipulation, the excess of which must be reimbursable in cash;
g) The case of the lender receives a transfer of assets guarantee by securities when the borrower loses the capacity of the payment resulting in excess of the specified maximum ownership rate, the lender is responsible for the sale of the stock exceeding the prescribed maximum ownership rate. The next day, the next day, the next day of delivery.
3. VSD is responsible for organizing, managing, operating the loan system and lending securities at VSD.
4. VSD specifically instructs the organization of loans and loans.
PAYMENT BANK
What? 48. criteria for payment bank
1. The criteria for the payment bank, including:
a) is the commercial bank of Vietnam;
b) There is a contributing factor of over $10,000;
c) There is a profitable business outcome in the second round (02) years;
d) to meet the minimum capital safety rate according to the rule of the bank;
There is a system of engineering facilities that guarantee the implementation of the transaction and connection payment with VSD;
e) There is a commitment to UBCKN on the lending of securities trading payments in the event that the storage member loses the ability to pay the payment;
g) The system has the ability to save the number of transactions payment information within at least five (05) years and may provide as soon as UBCKN or VSD within forty-eight (48) hours when required.
2. UBCKN is only selected only one (01) commercial bank as a payment bank to provide payment services for stock trading on SGDCK. The selection of payment banks by UBCKNN periodically periodically (05) per year.
What? 49. Registration profile as payment bank
1. The registration profile as a payment bank includes:
a) The registration paper as a payment bank;
b) The provision of the information on the bank, which specifies the ability to meet the required criteria at Article 48;
c) The copy of the founding decision and operation of the commercial bank;
d) The pledge to UBCKN on the lending of securities transactions in the case of a storage member loss of payment loss;
Other documents related.
2. The prescribed profile at Clause 1 This is set up into one (01) original set of records and submitted directly or sent through the mail line for UBCKNN.
What? 50. Payment of payment bank
Within fifteen (15) days from the date of receiving a valid case, UBCKNN decided to approve or refuse to register as a payment bank. The case refused, UBCKN must have the text to answer and specify the reason.
What? 51. Replace the payment bank
1. The case of payment of payments does not maintain the conditions at Article 48 or does not perform its obligations under the regulation at Article 52 This April or in case the payment bank does not restore the conditions to the bank. Due to a limited time payment provided by UBCKNN, UBCKNN has the option of selecting other commercial banks to meet qualified as a payment bank.
2. UBCKN must publish information about the selection of commercial banks as payment banks during a minimum of thirty (30) days for commercial banks to file registration records as payment banks. The file, sequence, procedure of selecting the payment bank in accordance with regulation at Article 49 and Article 50 of this.
3. The replaced payment bank is responsible for operating the securities transaction payment until another payment bank replaces and must complete the obligations regarding the securities transaction payment operation to the customer.
What? 52. The rights and obligations of the payment bank
1. Payment of payment:
a) specify the main assembly or branch as the head of the stock exchange payment organization;
b) Proposal to VSD, member of the archive, the organization opens a direct account compliance with the commitment to payment between the parties and provide the information necessary to perform transaction payment;
c) The toll provides a service by the rule of law.
2. Payment bank obligation:
a) Full and on time for the stock trades made on SGDCK;
b) Support the money for the storage member, the organization opens a direct account when a lack of transaction payment is prescribed;
c) The contract signed by the principle of securing a loan member when a stock transaction payment is lacking. The terms of the contract must follow the principle of credit lending, which guarantees the fair calculation among the storage members;
d) comply with the information, report, and security of information in accordance with the rules of the existing law;
Ensure that the facility's technical and personnel facilities need to serve as payment of money to the stock trades.
Chapter VIII
REPORT MODE
1. VSD must provide full data, periodic reports to UBCKN under the current regulations on monitoring, statistics to serve the supervising work of UBCKNN, SGDCK.
2. Registered Monthly members, the organization opens a direct account that must submit a stock exchange activity report to the VSD under the specified content at the registration of registration, registration, clearing, and payment of VSD.
3. The monthly, quarterly, annual, payment bank must report UBCKNN in terms of clearing operation of payment bank transactions under the rules specified in Annex V issued by this message.
4. The deadline for reporting is as follows:
a) Report of JCKNN within ten (10) days of the next month;
b) The quarterly report to UBCKN within twenty (20) dates of the first month in the next quarter;
c) Report of the BCKNN in the ninety (90) of the first day of the next year.
1. VSD must report UBCKN in a maximum of seventy-two (72) hours from the occurrence of the following events:
a) The suspension of the securities storage operation, the suspension of the stock exchange clearing operation of the storage member;
b) Recover Certificate Membership Certificate, Certificate of Designing Activity Branch;
c) Provide confidential information to the state authority with jurisdiction;
d) Registration, registration, clearing, and payment of securities are partially or entirely.
2. Payment banks must report UBCKNN and VSD immediately when the payment of the stock exchange is partially or completely paralyzed.
1. In addition to periodic and irregular reporting cases at Article 53, this 54, in the necessary circumstances, in order to protect the common interests and interests of the investor, UBCKNN may require VSD, the storage member, the organization to open an online account. Next, the bank payment reports registration, registration, clearing, and payment of the stock exchange.
2. VSD, a member of the archive, the organization opens the account directly and the payment bank must report UBCKNN in the forty-eight (48) hours since receiving a request for a report in accordance with Article 1 Article.
INSPECTOR, MONITOR AND BREACH
1. The member of the archives, the organization opens the account directly, the member ' s relevant staff, the organization open the account directly and the relevant employees who are subject to the VSD scrutiny and bear the examination, the inspector of UBCKNN in accordance with the regulation of the the current law.
2. VSD, the payment bank subject to the monitoring, inspection and inspection of UBCKN in accordance with the regulations of the existing law.
Violations of the Regulations at this Notice are subject to the provisions of the existing law.
THE ORGANIZATION.
1. This information has been in effect since March 15, 2015 and replace the No. 1 Decision. 87 /2007/QĐ-BTC October 22, 2007 by the Secretary of the Treasury for the enacuation of the Regulation of Registration Activity, Liu signed, clearing and payment of securities and Digital Digital. 43 /2010/TT-BTC March 25, 2010 by the Minister of Finance on the amendment, the addition of the Statements of Registration Activity, Registration, clearing and payment of securities issued by Decision No. 1. 87 /2007/QĐ-BTC October 22, 2007, of the Minister of Finance.
2. On the basis of regulation at this Smart, the VSD enacted the rules of business operations after the approval of the UBCKNN.
3. Process execution, if there is an entangriation of organizations, individuals with regard to the Ministry of Finance to study, guide, resolve.
KT. MINISTER. |
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(signed) |
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Chen Xuân |
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