The Decree 108/2013/nd-Cp: Regulations Sanctioning Administrative Violations In The Field Of Securities And Stock Market

Original Language Title: Nghị định 108/2013/NĐ-CP: Quy định xử phạt vi phạm hành chính trong lĩnh vực chứng khoán và thị trường chứng khoán

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
THE GOVERNMENT.
Numbers: 108 /2013/NĐ-CP
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, September 23, 2013

DECREE

Administrative Violation Regulations

in the stock sector and the stock market

_____________________________

The base of the Law of Ch. I'm On December 25, 2001 ()

The Rules of Law. Why? The administrative breach on June 20, 2012;

Stock Law Base June 29, 2006 and Law Amendment, b ... socket Add a Stain. the article of the Securities Law November 24, 2010;

The Law Base thinks i file on November 29, 2005;

At the request of the Minister of Finance ()

Ch I'm The government issued a decree to punish the v. i It's a I'm In the field of inventory Ah! n and the stock market Oh,

Chapter I

COMMON RULES

What? 1. The adjustment range

The decree provides for administrative violation, the form of sanctions, the penalty level, the remediation measure, the authority to punish and apply the additional form of sanctions, the remediation of the stock in the stock and stock exchange.

What? 2. The subject is sentenced to administrative violations

Individuals, domestic and foreign organizations (collectively known as individuals, organizations) have infringed on the laws of securities regulation and the stock market is subject to a statutory violation by regulation at this decree.

The organization is sentenced to the administrative breach, for a 30-day period since the date of the decision to punish the administrative breach, which must identify the individual guilty of causing the administrative breach to determine the liability and its financial obligations under the rule of law. The law of law, while also informed the State Securities Commission on the identification of individuals guilty of administrative breach.

What? 3. The form of administrative violation and the remediation measure.

1. The main form of punishment:

For each of the administrative violations of the stock sector and the stock market, the individual, the violation organization must be subject to one of the following forms of punishment:

a) Police.

The warning was applied to the unserious administrative breach, the first and having a mitigable condition.

b) The money;

The maximum penalty in the securities sector and the stock market for the infringement organization was 2,000,000,000 and the violation was 1,000,000,000.

The maximum amount of capital punishment for the organization has a violation of regulations at Clause 3 Article 5 This is 5% of the total amount of legal action. The maximum penalty for the organization has a violation of regulations at paragraph 5 Article 6 and the Article 2 Article 16 of this decree is 5 times the amount of law.

The provisions of the provisions of this decree are imposed on the organization; individuals who perform the same violations are a half-degree penalty for the organization.

The amount of fines stipulated in Clause 2 and Clause 3 Article 11, Clause 3 Articles 24 and Clause 1 Article 27 This decree applies only to the individual.

c) The authority to use a representative certificate of office activity, certificate of securities for a period of up to 3 months to 24 months.

2. Form of additional sanctions:

a) The suspension has a deadline for listing of securities, securities trading activity; the suspension has a deadline of public offering; the suspension has a period of business activity, stock services; the suspension has a limited run of corporate branch operations. Foreign fund management in Vietnam; the suspension has a representation of representative office activities; the suspension has a stock of securities retention activity or suspension of the deadline for other activities written in the judgment decision;

b) The authority to use a representative office registration certificate, certificate of securities, for a period of 1 months to 3 months;

c) The confiscation of administrative violations, the medium used to violate administrative offenses.

3. Measure remediation:

a) Forcing Securities to have offered a sale, issued, and reimbursable investors for purchasing securities; forcing the return of the number of shares issued;

b) Forcing the return of securities, money owned by the customer;

c) To destroy information, improve information;

d) To resubmit the number of illegal gains that are due to conduct violation;

) Forced to buy public according to the registered method;

e) To buy stock marketing or closed fund certificates after the implementation of the public offering;

g) Forced to give up direct voting rights directly or through authorized representation on the number of shares that are available from infringed behavior;

h) to force the transfer of the stock to reduce the rate of holding to the right by regulation;

i) To pass the General Assembly on the change of purpose, the use of capital from the sale of securities;

n) to compel, manage the separation of property, capital, securities;

l) Accusing the program, providing information, metrics related to audit activity.

Chapter I I

ADMINISTRATIVE VIOLATION, THE FORM OF PUNISHMENT AND THE REMEDIATION OF THE CONSEQUENCES.

Section 1

THE VIOLATION OF THE REGULATION OF INDIVIDUAL SHARES IN VIETNAM OF THE PUBLIC COMPANY AND THE CONDUCT OF A REGULATORY VIOLATION OF INDIVIDUAL BONDS ISSUE IN VIETNAM.

What? 4. Violation of the regulation of individual shares in Vietnam of the public company, which violates the regulation of individual bonds issued in Vietnam.

1. Money from 50,000,000 to $70,000,000 for one of the following violations:

a) No implementation or execution is not correct in terms of the bond release notice;

b) Do the acquisition of a pre-term bond, swaps on bonds when not approved or the implementation of a pre-bond acquisition, the bond swap is not correct with the approved method.

2. Penituation of 70,000,000 to 100,000,000 to one of the following violations:

a) Do not modify, add a separate stock-to-share registration record, individual bond release records when the detection of uncorrect information or the specified critical content must be present in the filing or when developing important information is associated with it. The records have been filed.

b) Perform the individual stock sale is not true for the registered method; the implementation of individual bonds is not correct with the approved method;

c) Ceralization of the transfer of the stock, the bond is welcome, issued separately in the time of the transfer of transfer, except for the case specified by the law;

d) Change the purpose or method of use of capital proceeds from the individual stock offering but not through the Grand Council of the shareholders or without the authorization of the Grand Council of shareholders.

3. Money from 80,000,000 to 120,000,000 in one of the following violations:

a) Set, confirm the registration of a separate stock offering, separate bond issued records with false information or serious misconduct;

b) Do the sale of individual shares, which release individual bonds when they have not yet met enough conditions under the rule of law;

c) The practice of selling individual shares but not registering with the State Securities Commission or not being notified by the State Securities Commission for the organization to register and publish on the electronic information page on the sale of the organization ' s individual shares. registered; the implementation of the conversion bond, the bond accompanying the certificate but does not register with the State Securities Commission;

d) Perform individual bonds when not personally, the organization has the authority to approve the release method.

4. Measure corrects:

a) The organization has a stipulated breach in paragraph 3 This must return the stock, the bond has been on sale, issued, and must reimbursate the investor's money, bonds, or deposit (if any) plus interest in the interest rate on the record. The unintended bond or interest rate of the bank that the breach of the bank opens an account of the stock purchase or deposit at the time of the decision to apply this measure to the enforced effect of the 15-day period since the date of receiving a request. of the investor. The deadline for the investor to submit the request is 60 days from the date of the decision to apply this measure to enforced effect;

b) Force through the nearest shareholder General Assembly on changing the purpose or method of use of capital proceeds from the individual stock offering of individual shares to the behavior of regulations stipulated at Point 2 This Article;

c) To destroy information, to improve information on the behavior of regulations specified at Section 3 This Article 3.

Section 2

VIOLATIONS OF THE REGULATION OF PUBLIC EXCHANGE IN VIETNAM

What? 5. Violation of the regulation of registered registration records in Vietnam

1. Money from 80,000,000 to 120,000,000 shares of non-modified behavior, adds a stock-to-public exchange record to the public when the detection of information is not correct or omisceration of important content required in the filing or filing. You know, when it comes to developing important information regarding the registration of the registry, the stock comes out to the public.

2. Money from $300,000,000 to $400,000,000 for the practice of confirming the registration of a registered stock offering public information that has false information or a serious or false false or false information.

3. Penituation from 1% to 5% of the total amount of money that has raised the law against the organization's implementation of the organization, confirming the registration of the registered securities offering public offering of the stipulation under the provisions of Article 121 of the securities.

4. Measure corrects:

a) Personally, the organization has a regulatory violation in Clause 1 and Clause 2 This must revoking the stock that has been sold, reimbursable investors for purchasing securities or deposit money (if any) plus interest in their non-term deposit rate. The bank in which the individual, the breach of an open-deposit account or a deposit deposit at the time of the decision to apply this measure is valid for 15 days from the date of the investor's request. The deadline for the investor to submit the request is 60 days from the date of the decision to apply this measure to enforced effect;

b) The organization has a stipulated breach in paragraph 3 This must recall the sale of the stock, reimbursable investors for a stock or deposit (if any) plus interest in the bank's non-term deposit rate. The breach of the deposit account or deposit of deposit at the time of the decision to apply this measure is valid. The stock recovery deadline, the refund for the investor is 60 days from the date of the decision to apply this measure to enforced effect;

c) To destroy information, improve information on the behavior of regulations in paragraph 2 and paragraph 3 This.

What? 6. Violation of the regulation of public exchange of securities in Vietnam

1. Money from 70,000,000 to 100,000,000 dollars for one of the following violations:

a) Use external information or false information with information in the prospecticon to explore the market before being allowed to make a public offering public offering; make market exploration on the media;

b) There is no correct regulation of the transfer of proceeds from the salute to the blockade account or did not make the correct implementation of the release of the proceeds from the sale.

2. Money from 100,000,000 to 150.000,000 shares of non-securities offering has welcomed the public on the trading on the market held in the 01-year period since the end of the sale, unless the case is not sufficiently sealed. Securities or registration of securities in accordance with the rule of law.

3. Money from 150.000,000 to 200,000,000 on one of the following violations:

a) The sale of the securities is not true to the registered method with the State Securities Commission; the implementation of the securities distribution is not the correct rule of law;

b) Changing the purpose or method of use of capital proceeds from the salute but not through the Grand Council of the shareholders or without the authorization of the Grand Council of shareholders.

4. Money from $300,000,000 to $400,000,000 for one of the following violations:

a) The sale of the securities to the public when it is not fulfilled according to the rule of law;

b) Hello the securities to the public to establish a business, unless the case is regulated by law;

c) Well, sell the securities to the public but do not register with the State Securities Commission.

5. Fines from 1 to 05 times the legal income for the organization to make a sale of the securities to the public without a certificate of sale of the securities to the public according to the regulation at Clause 3 Article 121.

6. Money from $500,000,000 to 600,000,000 to a foreign organization to the public offering public exchange in Vietnam violates the non-transfer of mobiles abroad or breach of the commitment not to withdraw their own self-payment in the deadline. It's a licensed project.

7. Measure corrects:

a) Individuals, organizations that violate regulations at Clause 2, Point A 3, Clause 4, Clause 5, and paragraph 6 This must return the stock that has been sold, reimbursable investors for purchasing a stock or deposit (if any) plus interest in interest rates. The non-term deposit of the bank that the individual, the violation of an open-deposit account or deposit of deposit at the time of the decision to apply the measure is valid for 15 days from the date of the investor's request. The deadline for the investor to submit the request is 60 days from the date of the decision to apply this measure to enforced effect;

b) Force through the nearest shareholder General Assembly on changing the purpose or method of use of capital obtained from the salute to the violation of the specified breach at Point 3 This Article.

Section 3

THE VIOLATION OF THE REGULATIONS ON THE RELEASE OF BONDS TO INTERNATIONAL MARKETS, FOREIGN EXCHANGE SECURITIES, AND NEW SECURITIES ISSUED A SALE OF THE SECURITIES ' S FOREIGN EXCHANGE CERTIFICATE OR SUPPORT OF THE SECURITIES EXCHANGE CERTIFICATE IN THE COUNTRY. FOREIGN COUNTRIES ON THE BASIS OF STOCK HAVE ISSUED IN VIETNAM

What? 7. Violation of the regulation of bonds issued to international markets, greeting cards Come on Foreign exchange and release Come on The new stock is a welcome basis. n the certificate of securities in foreign securities or support for the release of the securities of securities in foreign countries on the basis of in The stock was released in Vietnam.

1. Money from 80.000,000 to 120,000,000 shares of non-modified behavior, the addition of records, documents on the release of the bond to international markets, the sale of securities abroad, the new stock release as the basis of a certificate. Foreign stock exchange or support for a foreign stock exchange certificate on the basis of a stock issued in Vietnam when the detection of information is not correct or omiscerated that the specified content must be in the filing, documents or when developing important information concerning the records, documents submitted.

2. Free from $300,000,000 to $400,000,000 to one of the following violations:

a) The implementation of the bond release of the international market, which welcomes foreign securities, issued new securities as the basis of a sale of securities in foreign securities, or support for the release of foreign stock exchange certificates on foreign countries. The stock facility was issued in Vietnam when it was not met by law.

b) The implementation of the bond release of the international market, which welcomes foreign securities, issued new securities as the basis of a sale of securities in foreign securities or support for the release of foreign securities in the country. The stock office was issued in Vietnam when it was not registered to a state agency with an authority or an unelected authority, an organization with a jurisdiction, approval, or written opinion.

3. Money from $400,000,000 to $500,000,000 for its executive order, confirming records, documents on the release of the bond to international markets, selling securities overseas, issued new securities as the basis of a certificate of filing only. Foreign stock or support for a foreign stock exchange certificate on the basis of a stock issued in Vietnam has false information or a serious or false false or false information.

4. Measure corrects:

Forced to cancel information, improve information on the behavior of regulations in paragraph 3 This Article.

Section 4

VIOLATION OF THE REGULATION OF ADDITIONAL STOCK

What? 8. Violation of additional stock release

1. Money from 70,000,000 to 100,000,000 dollars for one of the following violations:

a) Not modified, supplematuated, the document issued additional shares when the detection of the information is not correct or omiscerated the important content required in the filing, document, or when developing important information concerning the profile, the document has been published. file;

b) The practice of issuing additional shares is not true to the reported method or registered with the State Securities Commission.

2. Penituation of between 100,000,000 and 150.000,000 people on one of the following violations of the following:

a) Set up, confirm the case, the report documents release more shares that have false information, conceal the truth or mislead;

b) Do the release of more shares but do not report the State Securities Commission or have reported but have yet to have a written notice of the full recipient of the report on the additional release of the State Securities Commission;

c) Implemons the release of additional shares but not registered with the State Securities Commission or registered but not approved by the State Securities Commission;

d) Make the release of adding stock when not responding to the law-regulatory conditions.

3. Measure remediation:

a) To destroy information, to improve information on the behavior of regulations on the Point of Article 2 of this;

b) The recovery of the number of shares issued by the 60-day period from the date of the decision to apply this measure is valid for the violation of the specified breach at point b 1 and Clause 2 This.

Section 5

VIOLATION OF THE PUBLIC COMPANY ' S OBLIGATIONS

What? 9. Violation of public company registration records

1. The warning to the filing of a public company registration case is too long overdue for up to 1 month.

2. Penituation from 5,000,000 to 10,000,000 coins for the filing of a public company registration process is too limited to date from over 1 months to 12 months.

3. Money from 30,000,000 to $50,000,000 on one of the following violations:

a) Do not submit or file a public company registration process over a 12-month regulatory period;

b) The public company registration record has an uncorrect information on the shareholder structure, about the nearest year's financial report.

What? 10. Violation of the public company obligations

1. The warning to the conduct does not inform, the notification is not correct deadline for the State Securities Commission when it is no longer responding to the condition that the public company is prescribed at Article 25 of the Securities Law.

2. Money from 30,000,000 to $50,000,000 on one of the following violations:

a) Non-registered, securities secretary gathered at the Stock Exchange Centre;

b) Violation of the regulation of rights exercise, registration, securities storage at the Stock Exchange Center.

What? 11. Violation of corporate corporate governance

1. The warning to the conduct does not build an internal statute of corporate governance under the rule of law.

2. Money from 30,000,000 to $50,000,000 to a board member, Board member, Director, or General Manager, who is authorized to publish the information of the public company in violation of the provision of information to the public. I'm sorry.

3. Money from $50,000,000 to $70,000,000 to board member, Board member, Director, or General Manager and other management officer of the company does not fully comply with the full responsibility and obligations of corporate governance. according to the rule of law; the violation of the regulation of conflict prevention benefits and deals with the parties has the right to do with the company.

4. Money from $70,000,000 to 100,000,000 to a violation of the law-regulatory violation of shareholders ' rule of shareholder rights, in terms of voting, dismissal, dismissal of the Board Member, Board member, on the convening, meeting and meeting organization. through the decision of the Grand Council of shareholders, the Board of Directors, the Control Board.

5. Measure corrects:

Repayment of illegal benefits is given to the public company due to the execution of a regulatory violation at Clause 3 This Article.

Section 6

VIOLATIONS OF THE REGULATION OF STOCK ACQUISITION, SALE OF FUND SHARES

What? 12. Violation of bond acquisition, sale of fund shares

1. Money from 30,000,000 to $50,000,000 for non-compliance with a regulatory non-compliance with stock acquisition, the gap between the stock acquisition and the nearest fund sale.

2. Penituation of 70,000,000 to 100,000,000 to one of the following violations:

a) Acquisition of the stock, sell the fund shares but does not report the State Securities Commission under the rule of law or have reported but has yet to have the State Securities Commission ' s announcement of getting full of documents reporting the acquisition of the stock, it said. sell the fund shares;

b) Acquisition of the stock, sell the fund stock when it has not met enough conditions under the rule of law;

c) Acquisition of the stock in the case of regulatory law not being acquired;

d) Changing the mind, the stock acquisition method, sale of the left-fund stock to rule law;

Acquisition of shares, selling untrue fund shares with the method reported the State Securities Commission or content announced the public information.

3. Measure remediation:

Repayment of illegal benefits is due to conduct violation of the provisions in paragraph 2 This.

Section 7

VIOLATION OF PUBLIC OFFERING

What? 13. Violation of public offering

1. Free from 100,000,000 to 150.000,000 people on one of the following violations of the following:

a) Direct or indirect purchase or commitment to purchase, the right to purchase shares and the convertiable bonds of the target company or the fund certificates of the target investment fund, the right to purchase the fund's fund certificates outside the public offering.

b) Sell or commit to selling shares, the closing statement that he is offering publicly;

c) The treatment is not fair to those who own the same type of stock, the right to buy shares and bonds of conversion or a closed fund certificate which is publicly available;

d) Provide private information to a number of shareholders or investors or to provide information to shareholders, investors at the same level are not the same or not at the same time;

The release of the public offering is not correct with the specified time or time registered with the State Securities Commission;

e) refused to buy shares of the target company shareholder or fund investor fund of the target investment fund in the public offering process;

g) Buy the stock of the target company or fund the fund of the target investment fund in accordance with the provision published in the public offering register;

h) Not implementing or implementing the acquisition of the stock and certificate of the remaining funds after the implementation of the public offering is not correct regulation of time or implementation with the conditions of the price and method of payment are not similar to that of the wave. Hello, sir.

i) Do not implement the report, publish information about public offering or implementation of the report, which published information about the untrue public offering of the law.

2. Money from 100,000,000 to 150.000,000 shares of the securities company as a public offering makes a public offering of one of the following violations:

a) Non-personal guidance, the organization that makes a public offering in accordance with the right regulations for the individual, the organization says to buy a breach in Article 1 of this Article;

b) Do not guarantee the individual, the public offering publicly has enough money to make a purchase at the time of the official purchase according to registration.

3. Money range from 200,000,000 to 300,000,000 to one of the following violations:

a) Not registering publicly publicly available in law;

b) Do a public offering when the State Securities Commission has not had a written approval writing approval;

c) Withdrew the offer of public offering when not approved by the State Securities Commission.

4. Money from $300,000,000 to $400,000,000 to take advantage of knowing information about public offering to purchase securities for yourself or to provide information, incitement, entitate others to buy, sell stock before the salute. buy official public.

5. Additional execution form:

The suspension of the public salute for a period of 2 months on the behavior of regulations stipulated at the points a, b, c and d 1 This Article.

6. Measure corrects:

a) Forcing a public purchase according to the registered method for the violation of regulation at the points e, g 1 and Point 3 This Article;

b) Forcing the acquisition of the stock and certificate of funds remaining after the implementation of the public offering for the violation of the specified breach at Point 1 This Article;

c) Forced to give up direct voting rights directly or through authorized representation on the number of shares available from a regulatory violation at points a, b Article 3 This and must transfer the stake in order to reduce the holding rate below 25% of the stock. is circulating by a public company for a maximum of 6 months;

d) To re-submit the amount of illegal gains that are due to conduct violation of regulation at points a, b Clause 3 and Clause 4 This.

Section 8

THE VIOLATION OF THE SECURITIES LISTING, THE REGISTRATION OF THE LISTING ORGANIZATION ' S STOCK EXCHANGE, THE REGISTRATION OF THE TRANSACTION.

What? 14. Violation of the securities listing, registration of the stock exchange.

1. Money from $50,000,000 to $70,000,000 for non-procedulable behavior changes in securities listing, registration of securities trading, or performing securities listing, registration of an additional stock exchange is not on the right deadline. Rule law.

2. Money from 80.000,000 to 120,000,000 shares of non-modified behavior, adds a securities listing record or registration of a stock exchange when the detection of uncorrect information or critical content of the specified content must be found. have in the file or when the information that is associated with the information that is associated with the file filed.

3. Money from $300,000,000 to $400,000,000 for legislative action, confirming a securities listing record or registration of a stock exchange that has false information or a serious or false false or false information.

4. Money from 1,800,000,000 to 2,000.000,000, confirming a false record for listing securities or registering a stock exchange.

5. Additional execution form:

The suspension of the securities listing or registration of the stock exchange for a period of between 01 months and 3 months on the behavior of regulations stipulated at Clause 3 and Clause 4 This.

6. Measure corrects:

a) To destroy information, to improve information on the behavior of regulations in paragraph 3 and paragraph 4;

b) Forced To Submit The Amount Of Illegal Gains Due To The Execution Of The Prescribed Violation At Paragraph 3 and Article 4 This Article.

What? 15. Violation of the regulation of the securities listing of the organization released Vietnam at the Foreign Stock Exchange.

1. Money from 80.000,000 to 120,000,000 shares of non-modified behavior, adds a securities listing record at the Foreign Securities Exchange in addition to the detection of non-accurate information or the critical content of the specified content. must be in the file or when an important information is delivered in connection with the filing filed.

2. Money from 100,000,000 to $150,000,000 to the new stock issuing organization as the basis of a foreign stock exchange certificate office without reporting the State Securities Commission on registration of registration certificates at the State Department of the Securities Exchange. Foreign securities.

3. Free from $300,000,000 to $400,000,000 to one of the following violations:

a) Not filing a registration of the securities listing at the Foreign Securities Exchange for the State Securities Commission under the rule of law;

b) Perform the securities listing at the Foreign Securities Exchange when it has not been approved by the State Securities Commission.

4. Money from $400,000,000 to $500,000,000 for established behavior, confirming a securities listing record at the Foreign Securities Exchange with false information or serious misinformation.

5. Measure corrects:

Forced to cancel information, improve information on the behavior of regulations in paragraph 4 This Article.

Section 9

VIOLATION OF THE REGULATION OF THE STOCK EXCHANGE MARKET

What? 16. Violation of the stock exchange market organization

1. Money from 1,800,000,000 to 2,000.000,000 shares of the organization whose conduct of the stock exchange market rules the law in the absence of a legal repayment.

2. fines from 1 to 05 times the amount of law by regulation at Clause 1 Article 124 of securities laws to the organization that organized the stock exchange market law law in the event of a legal repayment of law, but The penalty is no less than the maximum penalty specified at One Article.

3. Additional execution form:

The suspension of business operations, the stock service for a period of between 01 months and 3 months for a regulatory violation of the stock exchange market organization.

4. Measure corrects:

Repayment of illegal benefits is due to conduct violation of the provisions in paragraph 2 This.

What? 17. Violation of the regulatory management of the Securities Exchange.

1. Money from 200,000,000 to $300,000,000 to the Stock Exchange does not process in time that the listed organization cases do not fully maintain the prescribed listed conditions.

2. Money from $300,000,000 to $400,000,000 to the Securities Exchange approved or cancel the non-regulatory listing.

What? 18. Violation of the regulation of membership management of the Stock Exchange

1. Money from 200,000,000 to $300,000,000 for the Stock Exchange does not process in time when the transaction membership cases do not fully maintain the membership or does not comply with the members ' obligations under the rule of law. of the Stock Exchange.

2. fines from $300,000,000 to $400,000,000 to the Securities Exchange approved or rescinking the membership of the non-regulatory securities company.

What? 19. Violation of the regulation of transactions and oversight of the Stock Exchange

1. Money from 200,000,000 to $300,000,000 to the Stock Exchange of One of the following violations:

a) The organization of the new stock exchange, which changes and applies the new method of trading, brings in the operation of the new trading system when not approved by the State Securities Commission;

b) Not timely disposal of transaction or non-approved violations of the process of monitoring of transaction activities by regulations to occur in violation.

2. Money from $300,000,000 to $400,000,000 for the Stock Exchange of the Stock Exchange, suspends or rescints the stock exchange by the Exchange of Stock Exchange in the case necessary to protect the investor.

Section 10

BEHAVIORAL AND SECURITIES PLANNING BEHAVIOR

What? 20. Violation of the regulation of established permits and activities

1. Penalty from $5,000,000 to 10,000,000 shares of securities company, fund management company, securities investment firm, securities company branch or foreign fund management company in Vietnam using the name or change of name of the company ' s name. The company, the branch, the office of representatives, the trading office is not the law.

2. Money from 10,000,000 to 30,000,000 shares of the securities company branch, the foreign fund management company in Vietnam does not implement the regulatory procedure of establishing and operating branch in accordance with the rule of law.

3. Money from $50,000,000 to $70,000,000 to the stock company, fund management company, securities investment firm, securities company branch or foreign fund management company in Vietnam, unmodified, supplemally recommended, adjust the license to form and operate when the detection of the information is not correct or omit important content by the specified rules or when the information that is associated with the information that is associated with the filing is filed.

4. Money from $70,000,000 to $100,000,000 against the securities company, fund management company, securities investment firm, securities company branch or foreign fund management company in Vietnam to do one of the following violations:

a) The establishment, closing of branch, representative office, domestic and foreign exchange or foreign investment is not approved by the State Securities Commission;

b) Do the split, split, merge, merge, transform the company, dissolved before the deadline, suspend operations when not approved by the State Securities Commission, minus the case of another regulatory law.

5. Money range from 100,000,000 to 150.000,000 to one of the following violations of the following:

a) Bleach, repair of the license;

b) Loan, hire, receive a license transfer or loan, lease, license transfer;

c) Implemucing the securities business, providing securities services at sites that have not been approved by the State Securities Commission or changing the location of its headquarters, branch offices, representative offices, trading rooms when not yet approved by the Commission. State securities approved;

d) Perform the securities business, provide securities services when not responding to law-regulation.

6. Money from 200,000,000 to $300,000,000 for one of the following violations:

a) Securities business, which provides stock services when not approved by the State Securities Commission or approved; provision of securities services, financial services without the written opinion of the State Securities Commission. or have no guidelines for the state agency ' s authority to be competent;

b) The activity is not correct in the specified content in the license.

7. Money from 200,000,000 to $300,000,000 for established behavior, confirm the issue of the offer, the addition of the license to establish and operate with false information or to conceal the truth or the serious deviation.

8. Additional execution form:

The suspension of business operations, the stock service for a period of between 01 months and 3 months on the behavior of regulations stipulated at the points b, c, d clause 5, Clause 6 and Clause 7 This.

9. Measure corrects:

Repayment of the illegal gain is due to conduct violation of the regulations in Clause 4, Clause 5, and paragraph 6 This.

What? 21. Violations of the activity of the securities company

1. Money from $50,000,000 to $70,000,000 for the stock company does one of the following violations:

a) Not fully enacted or does not comply with an internal process, a career process, internal control process and risk management, the rule of conduct ethics in accordance with the business business of the company;

b) Do not comply with the provisions of the Securities Law, Corporate Law and other law provisions on governance, corporate executive;

c) Set, confirm the registration records that provide an online stock exchange service with uncorrect or unmodified information, add the case when the information detection is not correct or omit important content that is required in the file;

d) Do not collect, update the full information about the customer, unless the customer case does not provide sufficient information; does not provide timely, complete, honest information to the customer;

) Do not separate from the office of employment, personnel, data systems, reporting between the business departments; not setting up the communications department with the customer and addressing the customer's complaints.

2. Money from 70,000,000 to 100,000,000 shares of the stock company perform one of the following violations:

a) Not fully stored on the file, documentation related to the operation of the company; records, documents, data from the retention do not reflect the details, exactly the transactions of the customer and of the company;

b) Open the stock exchange account to the customer, receive the order of the customer and execute the transaction command of the non-correct customer;

c) Violation of the securities company's responsibility in the implementation of a business investment advisory, financial advisory; implementation of a banned behavior in the investment of securities, financial advice;

d) The mandate of managing the securities transaction account of the left individual investor rules the law;

) Not to establish, maintain internal audit systems, internal control, risk management under the rule of law; do not monitor, prevent conflicts of interest between clients or between securities companies, securities and customers in accordance with the law, or the securities company. the rule of law;

e) Make the identification or guarantee to the customer about the income or profit reached on its investment or ensure that the customer does not lose the loss, unless the investment in the securities has fixed income.

3. Money from 100,000,000 to 150.000,000 shares of the securities company perform one of the following violations:

a) Perform the behavior that makes customers and investors misunderstand the stock price;

b) Agreement or give specific interest or share profit or loss with the customer to entil the customer to participate in the transaction;

c) The transaction payment with others is not the person to name a transaction account without the written authorization of the person in the name of the account;

d) Disorder customer information, unless the case is regulated by law or at the request of the competent state governing body; not to provide or provide incomplete, accurate, timely circumstances of the information on the customer at the request of the Committee. State stock;

Violation of securities self-government regulations; breach of regulatory regulation, securities release restrictions; violations of the securities company's investment restrictions;

e) Do the transaction that changes the ownership of the shares or the portion of the funding that does not correct the rule of law; the implementation increases, the non-correct regulatory capital reduction;

g) Violation of the securities fund transaction regulation;

h) Do buy or give customers a stock exchange when there is not enough money by regulation, except for other regulatory law cases.

4. Money from 150.000,000 to 200,000,000 shares of the stock company does one of the following violations:

a) Do not build a customer 's money separation management system or do not manage a split of the stock exchange of each customer or do not manage the customer' s amount of money with the securities company ' s money; directly receive and pay. the customer's stock exchange; receive a customer's authorization to make internal money transfers between the customer's accounts;

b) Violation of customer securities regulation;

c) Violation of the regulation of debt loan restrictions or on loan restrictions;

d) Use of the company ' s capital and assets to lend a left to the law.

5. Additional execution form:

The suspension of business operations, the stock service of the securities company over the period of 1 month to 3 months for the alleged breach of regulation at points c, e, g Clap 3 and Clause 4 This.

What? 22. Violate regulations on the operation of the fund management company, the branch of the foreign fund management company in Vietnam.

1. Money from $50,000,000 to $70,000,000 for the fund management company implementation of one of the following violations of the following:

a) execute the prescribed violation of the points a, b and d 1 Article 21 This decree;

b) Do not sign a written contract with a customer when providing a service to a customer or contract signing with a customer with no full content under the rule of law;

c) Do not comply with the investment fund charter, the securities investment firm, the investment management contract;

d) Not separate from the headquarters, equipment, computer systems, infrastructure information technology with other economic organizations; not separate the database between the underlying business parts conflicts of interest in the company;

There is no timely, complete, honest information for the stored bank, the regulatory bank under the rule of law.

2. fined $70,000,000 to $100,000,000 for the fund management company, the branch of the foreign fund management company in Vietnam made one of the following violations of the following violations:

a) Not to establish an internal control system, internal control division, internal audit by regulation; do not guarantee a personnel structure at the internal control department, internal audits response to regulatory conditions; not monitoring, preventing conflict of interest. profit between clients or between fund management firms, securities and clients according to the rule of law;

b) A violation of the responsibility of the fund management company in the implementation of a securities investment advisory; implementation of a prohibited behavior in the investment of securities;

c) Non-implementation of the transaction command allocation process, allocation of transaction assets upon the implementation of the transaction for investment fund, securities investment firm, trustee investor and for the company;

d) As a purchasing partner, sold in the illegal investment trust property transaction;

) Do not comply with the investment rate or do not implement the portfolio reregulation in accordance with the rule of law;

e) No correct implementation of the operational authorization of the fund management company;

g) Make the identification or guarantee of the customer to the income level or profit reached on the customer's investment or to ensure that the customer is not lost; the agreement, which gives a particular interest rate or share profit or loss to the customer; decided to invest in place of the customer, unless the case is regulated by law.

3. Money from 100,000,000 to $150,000,000 against the fund management company makes one of the following violations of the following:

a) The conduct of the violation of regulation at the points b, d and e Section 3 Article 21 This decree;

b) Do not implement the process, the misvaluation of the fund certificate, net asset value, the fund's portfolio value, of the securities investment firm, of the trust investor;

c) Violation of restrictions on the operation of the fund management company, the relevant person of the fund management company and employees working at the fund management company; violations of restrictions on restrictions on the operation of the securities investment firm; violations of the regulation of the fund. It ' s about the real estate investment fund;

d) Do not guarantee the investment of the assets of the trust client as a personal, foreign organization that adheres to the rule of law on foreign exchange management, in terms of ownership rates in Vietnamese businesses.

4. Money from 150.000,000 to 200,000,000 co-funds to the fund management company implementation of one of the following violations of the following:

a) Perform the evasion of legal obligations, limiting the scope of the compensation and financial responsibility of the fund management company, transferring the risk from the fund management company to the investor or forcing the investor to perform unfair compensation obligations;

b) Use the assets of the investment fund, the securities investment firm to invest in the investment fund, that stock investment firm or the investment fund, the other securities investment firm established and operates in Vietnam or a joint venture capital, affiliate or investment fund. finances into the fund management firm and the relevant person of the fund management company;

c) Financial investment, equity purchase, share of capital, bonds, participation in corporate establishment, stock of the left bond holdings;

d) Perform the borrower to fund the operation of the investment fund, the bond investment firm that regulates the law;

Using the assets of the investment fund, the securities investment firm, the trust asset to pay the debt obligations, lend or bail any of the company's loans, the relevant person of the company or any partner;

e) Perform the lending or capital of the company to the organization, the left individual rules the law;

g) For borrowers, borrowing securities or other assets; the brokerage of transactions between the customer and the third party;

h) Unsigned and managed the separation of assets and capital of each trustee investor, of each investment fund, of the securities investment firm; it does not separate the trust assets, the assets of the investment fund, of the securities investment firm, and the assets. of the company itself;

i) Use the capital of the trust customer to invest in the rule of law;

l) The collusion with the securities company makes excessive transactions to the securities in the portfolio of a fund managed by the fund management company to profit securities from the brokerage fee.

5. Money from 150.000,000 to 200,000,000 co-affiliate of the foreign fund management company in Vietnam does one of the following violations:

a) Violation of the regulation of mobiles and fund management, property in Vietnam;

b) Violation of regulation on foreign exchange management, rates of ownership in Vietnamese businesses;

c) The use of a criminal property to the law;

d) Welcome, issued securities to raise your own capital in Vietnam;

) Shifting profits abroad to law;

e) Not to store and manage the property separation and capital of each trustee investor, of each investment fund, of the securities investment firm due to the management branch; not separate the trust property, the assets of the investment fund, of the securities investment firm and its assets. of the branch itself.

6. Additional execution form:

a) The suspension of business operations, the securities service of the fund management company over the period of 1 month to 3 months for the regulatory behavior stipulated at Point 3 and Points, e, h, i Clause 4 This Article;

b) The suspension of the foreign fund management company operates in Vietnam for a period of between 01 months and 3 months for the violation of the provisions of Article 5 of this Article 5.

7. Measure corrects:

a) Forced To Submit The Amount Of Illegal Gains Made By The Execution Of The Prescribed Violation At Paragraph 2, Clause 3, Clause 4 and Clause 5;

b) Binding and managing the separation of property and capital of each trustee investor, of each investment fund, of the securities investment firm or branch of management; forcing the management of the trust property separation, the assets of the investment fund, of the investment firm. securities and assets of the company itself or branch in the 06-month term for the regulatory behavior stipulated at Point 4 and Point 5 This Article.

What? 23. Violation of the regulation of the activity of the individual securities investment firm self-management

1. Money from $50,000,000 to $70,000,000 for the individual securities investment firm self-management that makes one of the following violations of the following:

a) Do not modify, add a registered registration profile to the individual securities investment firm that self-management capital when detection of uncorrect information or omisceration of vital content must be present in the filing or when developing important information is associated with it. The records have been filed.

b) Non-issue of the securities investment firm net asset valuation or does not specify a net asset value or misvaluation of the stock investment firm net assets.

2. Penalty of $70,000,000 to 100,000,000 shares of the individual securities investment firm self-management made one of the following violations of the following violations:

a) Participation in the construction, deployment and development of real estate project;

b) Violation of restrictions on restrictions on the activity of the securities investment firm;

c) The transaction does change the ownership of the shares or the part that contributes to the right amount of law; the implementation increases, the non-regulatory capital reduction in law.

3. Money from 200,000,000 to $300,000,000 to a private securities investment firm that self-managed, confirms the registration record of establishing an individual securities investment firm that self-managed capital that has false information or hides the truth or its own. It's a serious mistake.

4. Measure corrects:

Forced to cancel information, improve information on the behavior of regulations in paragraph 3 This Article.

What? 24. Violation of the securities business organization ' s representative office

1. Money from 10,000,000 to 30,000,000 shares of the stock business organization does not perform the procedure for adjustment, modification, addition, licensing of active registration certification, termination of representative office activity in accordance with the rule of law.

2. Money from $50,000,000 to $70,000,000 for the stock business organization makes one of the following acts:

a) The office activity represents when not responding to a law-regulation; does not register representative office activities in accordance with the rule of law or representative office activity when not being granted a university office activity registration certificate. They are

b) As a representative for another organization; the implementation of the certificate of registration of office activities representing individuals, other organizations;

c) Bleach, the content repair in the certificate office registration registration certificate.

3. Money from $70,000,000 to 100,000,000 co-Head of the representative office of the securities business organization performing business operations in Vietnam or the securities business activity or implementation of capital management activities, financial assets, and finance. product for the investor, for the foreign stock business organization that rules the law.

4. The title of using a certificate of office activity is representative of the office for 18 months to 24 months for the securities business organization performing one of the following acts:

a) Set, confirm the filing of a certificate granting the registration of a representative office activity registered with false or serious misinformation;

b) the office of representation of the purpose of the purpose or operation is not correct in the certificate of registration of representative office activity.

5. Additional execution form:

a) The suspension of the office activity is represented in the period from 1 month to 3 months for the prescribed violation at the points a and b 2 This Article;

b) The authority to use a certificate of office activity registered for a period of between 01 months and 3 months for a violation of the provisions of Article 3 of this Article 3.

6. Measure corrects:

Repayment of the illegal gain is due to conduct violation of the regulations in Clause 2, Clause 3 and Clause 4 This.

What? 25. Violation of the membership fund establishment

1. Money from $50,000,000 to $70,000,000 for unmodified behavior, adds a member fund to a member fund when the detection of information is not correct or omisceration of important content required in the filing or when broadcasting information. important news related to the filing filed.

2. Penituation of 70,000,000 to 100,000,000 to one of the following violations:

a) Use of mass information to advertise, call for capital, market exploration in the process of establishing a member fund;

b) Do the increase, the non-regulatory capital reduction is not correct in law.

3. Money range from 100,000,000 to 150.000,000 to one of the following violations of the following:

a) No report on the establishment of membership funds in accordance with the rule of law or the establishment of a member fund when not responding to the legal provisions;

a) No reports or reports are not timely in terms of risk, fund property losses.

4. Money from 200,000,000 to $300,000,000 for established behavior, confirming an established membership fund with false information, to conceal the truth or the serious deviation.

5. Measure corrects:

Forced to cancel information, improve information on the behavior of regulations in paragraph 4 This Article.

What? 26. Violations of the management of the securities of securities and securities of securities

1. Money from 30,000,000 to $50,000,000 on one of the following violations:

a) No report, the report was not timely when changing the occupiers;

b) Not enough to practice securities for each business in accordance with the regulation; the person who has a certificate of performing securities is not consistent with the type of securities that is issued in accordance with the law.

2. Bullet from 50,000,000 to $70,000,000 for one of the following violations:

a) The layout of a certificate of business, the position that the law enforcement has to do is to have a certificate of securities;

b) No change or non-transfer of the business from a professional position to a certificate of securities-based certificate has been stripped of the use of securities.

c) No reports, the report is not timely when the securities law enforcement is detected in paragraph 3 and Clause 4 This.

3. deprive the use of securities action certificate for the period of 6 months to 12 months for the securities occupiers perform one of the following violations, except for the case of another regulatory law:

a) At the same time working for another organization that has a relationship with the stock company. The company manages the fund where he works;

b) At the same time working for the securities company, other fund management company;

c) at the same time as the Director or General Manager of an organization that welcomes the public securities or organization listing;

d) Co-opened the stock exchange account in other securities companies.

4. Money range from 100,000,000 to 150.000,000 to one of the following violations of the following:

a) LLoan, lease certificate, securities, or loan, for a certificate of securities;

b) Bleach, repair of securities practice.

5. Money from 150.000,000 to 200,000,000 in one of the following violations:

a) Change the order of preference for a customer's order; taking advantage of access to the customer's order information when not being entered into the transaction system to order yourself or the individual, the other organization on the basis of the information expected in the order. Customer transactions have a significant impact on the price of the stock in order to profit from the changing price of the stock price;

b) Use the name or account of the customer to register, exchange the stock;

c) Do buy, sell securities on a trust transaction account exceeding the mandate range, the value of trust assets, and the investment objective of the trust customer.

6. Money from 200,000,000 to $300,000,000 for one of the following violations:

a) The appropriation of securities, money owned by the customer or the retention of securities, the money owned by the customer in the form of a storage under the stock company name;

b) To borrow money, stock on customer account;

c) Use the stock of the customer to hold on;

d) Use the account or money, stock on a customer's account when it is not authorized by the securities company under the trust of the customer to the securities securities company;

It does a sale or for a customer to sell securities when not owning a stock or for a stock loan client, except for other regulatory law cases.

7. Additional execution form:

a) The title of a certificate of securities in a period of between 01 months and 3 months for the behavior of regulations stipulated at Point 4, Clause 5, and paragraph 6;

b) The suspension of business operations, stock services of the securities company, the fund management company for a period of between 01 months and 3 months for the case of the regulations stipulated at Section 5 and Section 6 This.

8. Measure corrects:

Forced to return the stock, the money owned by the customer for a 60-day period from the date of the decision to apply this measure is valid for the violation of regulations at points a, b, c and d 6 This.

Section 11

VIOLATION OF SECURITIES REGULATION

What? 27. Violation of the regulation on the trade of the founding shareholder, the internal shareholder, the internal investor of the large-form, shareholder fund, the investor who owns from 5% to the fund certificate of a closed-form fund, who is authorized to publish information and information. who is involved

1. Money from 50,000,000 to 70,000,000 co-members of the Board Member, Director, or General Manager, Deputy Director or Deputy General Manager, Chief Accounting Officer, the financial curator, the accountant and other manager in the department. The company's corporate managers do buying and selling or selling and buying stock of the company that is not on the right deadline.

2. Money from $50,000,000 to $70,000,000 for non-reported behavior, the report is not on the right deadline for the public company, the fund management company, the State Securities Commission, the Stock Exchange when there is a change in the number of shares. Or certificate of ownership exceeds the 1% threshold of the stock or fund certificate.

3. Money range from 70,000,000 to 100,000,000 to one of the following violations:

a) Not to report or report incomplete, correctly, on the specified deadline before the implementation of the transaction; neither report nor the report is incomplete, precisely, on time the outcome of the transaction execution or for the reasons not to perform the transaction. service or not run out of the volume of registration;

b) Do not perform the correct transaction time that the registered transaction or implementation of the stock exchange is not in the correct or non-correct registration content.

4. Money range from 100,000,000 to 150.000,000 to one of the following violations of the following:

a) No report or report is not correct in accordance with the regulation of ownership for the public company, the fund management company, the State Securities Commission and the Securities Exchange;

b) The report on the possession is incomplete or not exactly the content under the rule of law;

c) No reports or reports are not on the right deadline for the public company, the fund management company, the State Securities and Exchange Commission when there is the first change in the number of ownership shares that make it no longer a large shareholder or no longer available. is an equity investor from 5% to the fund certificate of a closed-form public fund;

d) Perform the equity transfer, which contributes to the time of the transfer constraint under the rule of law.

5. Measure corrects:

Repayment of illegal benefits is given to the public company due to the execution of a regulatory violation at Clause 1 Article.

What? 28. Violation of the transaction regulation, holding the investor ' s stock

1. Money from 50,000,000 to $70,000,000 for one of the following violations:

a) Violation of the rate of securities holding the securities of foreign investors; violations of the regulation of foreign investors on the Vietnam stock market;

b) The violation of the regulation of equity ownership rates or the contribution portion of the securities company and the fund management company;

c) violations of the regulation of securities trading accounts, stock exchange transactions, proxy transaction accounts;

d) Violation of transaction regulations during trading days.

2. Penitentiation from 100,000,000 to 150.000,000 for the conduct of one or some transactions in order to hide the real ownership of a securities to evade the obligation to publish information according to the regulation.

3. Measure remediation:

a) Forced To Submit To The Illegal Gain is due to the execution of the prescribed violation in Clause 1 This Article;

b) forced the transfer of the stock in a maximum of 60 days to reduce the rate of the holding to be specified for the specified violation behavior at the points a and b 1 This Article.

What? 29. Violation of the prohibited transaction

1. Money from 800,000,000 to 1,000.000,000 partners for internal transaction behavior.

2. Free from $1,200,000,000 to 1,400,000,000 shares of fraudulent or construction fraud, the publication of false information aimed at manipuling, inciting the purchase, sale of securities.

3. Money from 1,000,000,000 to 1,200,000,000 shares of the stock market manipulation act.

4. Additional execution form:

The suspension of business operations, stock services, or the title of a securities executive certificate in a period of between 01 months and 3 months on the behavior of regulations stipulated at Clause 1, Clause 2, and Clause 3 This.

5. Measure corrects:

a) Forced To Submit To The Amount Of Illegal Gains Due To The Execution Of The Prescribed Violation At Paragraph 1, Paragraph 2, and Clause 3 This Article;

b) To destroy information, to improve information on the behavior of regulations in paragraph 2.

Section 12

VIOLATIONS OF THE REGULATIONS ON REGISTRATION, STORAGE, CLEARING AND SECURITIES PAYMENTS, SURVEILLANCE BANKS, STORAGE BANKS AND BANK SECURITIES.

What? 30. Registration of registration activity

1. Money from 30,000,000 to a 50,000,000 contract with the stock company, the commercial bank does not perform a registered member of the registry, the branch member branch and the securities-hosting operation in the prescribed period.

2. Money from $50,000,000 to $70,000,000 to the stock company, the commercial bank performs securities in securities when not fully responding under the law-regulatory conditions; securities storage activities are not yet granted. the registration of the securities secretary or when it is not approved by the State Securities Commission.

3. Money from 100,000,000 to $120,000,000 against the stock company, commercial bank filing a registered securities filing, the operating branch that holds the facts wrong, hides the truth or is seriously wrong.

4. Additional execution form:

The suspension of the stock is operating for the period of 1 month to 3 months for the violation of the Article 3 clause.

5. Measure corrects:

a) Forced To Submit To The Amount Of Illegal Gains Due To The Execution Of The Prescribed Violation At Paragraph 2 This Article;

b) To destroy information, to improve information on the behavior of regulations in paragraph 3.

What? 31. Violation of registration, registration, clearing, and securities payment are available.

1. Money from $50,000,000 to $70,000,000 for the Stock Exchange Centre, a securities storage member, the payment bank makes one of the following violations of the following:

a) The organization performs registration, registration, clearing, and payment of securities when it has not met the physical basis conditions, the engineering for registration, registration, clearing, and payment of securities under the rule of law;

b) Do not provide adequate, timely, accurate lists of holders, shareholders, and related documents in accordance with the valid requirements and in accordance with the existing laws of the public company; not timely notice, full of rights that arise in connection with it. to the customer's archive.

2. Money from $70,000,000 to 100,000,000 to the Stock Exchange Centre, a securities archipelitor in violation of the securities regulation, securities retention; violation of registration, registration, clearing, and payment of securities.

3. Money from 100,000,000 to $150,000,000 to the Stock Exchange Centre, a securities storage member and a fine of $50,000,000 to $75,000,000 for the employee of the stock exchange member performing one of the actions. The following violation:

a) Violation of the regulation of the accounting on the stock exchange account, on the time of payment, of the transfer of the ownership of the stock;

b) Implementers the stock exchange upon the unaudits of its member's transaction securities account, except for other regulatory law cases;

c) Not to protect the database and save the facts from the root of registration, storage, clearing, and payment of securities by regulation;

d) Violation of the regulation of information security regarding the stock ownership of the customer;

) Non-filed and does not manage the securities separation of a client's stock at the Stock Exchange Center, member of the archives with the assets of the Securities Contracting Center, a member of the archives; the SEC is not open to any detailed stock exchange account. customers and managers separate the property for each customer.

4. Money from $300,000,000 to $400,000,000 to the Stock Exchange Center that performs one of the following violations of the following:

a) Accept or revoking the non-regulatory membership of the storage member;

b) Use the stock of the customer for the benefit of the individual, the other organization or for the benefit of the Securities Centre itself.

5. Money from 400,000,000 to $500,000,000 to the Stock Exchange Center, a stock exchange member and a fine of 200,000,000 to $250,000,000 to the employee of the securities storage member performing corrects. Fixing, forgery, dismissing from the payment, transferring ownership of the stock.

6. Additional execution form:

a) The suspension of the securities storage operation in the period from 1 month to 3 months for the member of the breach of the statute specified at the points a, b, c and d Section 3 This Article;

b) The suspension of business operations, the stock service for a period of between 01 months and 3 months for the member of the regulatory breach specified at Section 3 and Clause 5 This Article;

c) The title of securities of securities in a period of between 01 months and 3 months for the occupiers of the breach of regulations at Clause 5 This.

7. Measure corrects:

a) Forcing the management of the securities of the customer's stock at the Stock Exchange Centre, the member of the archives with the assets of the Stock Exchange Centre, member of the archive; forced to open a detailed stock exchange account for each customer and asset separation management for each customer for violation of regulation at Point 3 This Article in the 06-month deadline from the date of the decision to apply this measure in effect;

b) Forced To Submit illegal gains is due to conduct violation of regulations in Clause 3, Clause 4, and Clause 5 This.

What? 32. Violation of the responsibility of the supervising bank, the bank of storage

1. Money from 50,000,000 to $70,000,000 against the supervising bank, the deposit bank makes one of the following violations of the following violations:

a) Not the correct and full obligations of the supervising bank, the regulatory bank pursuits to the supervising contract, the contract of the contract, the fund charter and the rule of law;

b) Unset, filing of records, evidence from prescribed; filing, certificate from retention does not accurately reflect, details the transactions of the fund management company, investment fund, trustee investor, securities investment firm under the rule of law;

c) Do not provide timely, full and accurate information for the fund management company, which organizes the audit in accordance with the rule of law;

d) No guarantee that the service provider determines the value of a net asset whose employees have a certificate of audit or accounting practice under the rule of law;

There is no operational procedure, risk management to ensure full implementation of the obligations under the rule of law.

2. Penituation of 70,000,000 to 100,000,000 dollars for the bank of the storage does one of the following violations of the following:

a) The implementation of the collection, limb, payment and transfer of money, the securities are not timely, precisely according to the rule of law;

b) Perform the payment for transactions that do not conform to the fund charter, the trust contract and the stock exchange contract;

c) Not properly implemented, fully and promptly the order or other legal directive of the fund management company, of the supervising bank and the rights that arise in the implementation of the rights and obligations associated with the property ownership of the investment fund, of the company. The securities and investment of the investment trust;

d) Not fully implemented, precisely, in time of regulation of the liquing of assets, the method of handling the remaining assets and the implementation of the State Securities Commission report the necessary information regarding the dissolution of the investment fund.

3. Money from $70,000,000 to ¥ 100,000,000 for supervising banks and fines from 35,000,000 to $50,000,000 to a board member, Director, or General Manager, Deputy Director or Deputy General Manager, senior staff member. the surveillance bank ' s case does one of the following violations of the following:

a) Is the person involved or involved in the executive, the management of the fund management company or having a ownership relationship, a capital contribution, holding a stake, borrowing or lending to the fund management company, the securities investment firm, and vice versa;

b) As a partner in the asset transaction of the investment fund, of the securities investment firm;

c) Not monitoring the operation, limiting the investment of the investment fund, the securities investment firm made by the fund management company;

d) Not reported the State Securities Commission or the report did not timely the discovery of the error, the breach of the fund management company;

) No timely notice to the state governing body has jurisdiction over the oversight of the supervising bank, the board member, the operator and the business worker who is involved or has a ownership relationship, which is involved in the capital, holding a stake, borrowing money. or loan with the fund management company, the securities investment firm and vice versa;

e) Do not separate the operation, the information technology system, the reporting system between the service supply department that determines the net asset value, the department that performs monitoring functions, the department responsible for the operation, storage and updating the investor's home register;

g) Do not fully implement the responsibility of the supervising bank at reports relating to the assets and operations of the investment fund led by the fund management company; confirm the report of the public fund property, the securities investment firm, the report determines the value of the fund. The net assets were funded by the firm, the investment firm was incorrect or misled.

4. Money from 100,000,000 to 150.000,000 dollars for the bank of the storage does one of the following violations of the following:

a) Not to store and not separate the assets of each investment fund, of the securities investment firm, of each trustee and property of the bank under the rule of law;

b) Use the money and assets of the investment fund, of the securities investment firm, of the hedge fund investor, the non-regulation at the fund charter, the contract to store and rule the law.

5. Additional execution form:

The suspension of the stock is in the stock for a period of 1 month to 3 months for the violation of the provisions of Article 4 of this Article 4.

6. Measure corrects:

a) Forcing the deposit, management of the separation of the assets of each investment fund, of the securities investment firm, of each trustee and property of the bank under the rule of law on the behavior of regulations specified at Point 4 This Article in the time of the 06 Months from the date of the decision to apply this measure came into effect;

b) Forced To Submit The Amount Of Illegal Gains Due To The Execution Of The Prescribed Violation At Point b 4 This Article.

Section 13

VIOLATIONS OF THE REGULATION OF INFORMATION AND REPORT

What? 33. The violation of the information publication

1. The warning to one of the following violations:

a) No registration of persons authorized to publish information; without notice, the notification is not correct the deadline for the change of authorized persons to publish information in accordance with the rule of law;

b) Do not inform the State Securities Commission, the Securities Exchange on the site of the electronic information page and every change associated with this address under the rule of law.

2. Free from 10,000,000 to 30,000,000 in one of the following violations:

a) Not fully compliant with the law of the means, the form of information published;

b) Do not save the information published by the rule of law.

3. Money from $50,000,000 to $70,000,000 for the release of untimely information, not full of content under the rule of law or at the request of the State Securities Commission.

4. Money range from 70,000,000 to 100,000,000 to one of the following violations:

a) Not set up an electronic information page in accordance with the rule of law;

b) Do not publish information in accordance with the rule of law or at the request of the State Securities Commission;

c) No validation or validation of the information or confirmation, the information engagement is not correct in accordance with the rule of law when there is information that affects the stock price or when receiving the confirmation request, the Information Committee ' s information attachment. The State House.

d) The information published is not correct.

5. Additional execution form:

The suspension of business operations, the stock service, for a period of between 01 months and 3 months for the securities company, the company management of the fund violated the provisions at Article 4 of this.

6. Measure corrects:

Force the cancellation of information or to improve information on the behavior violation at points c and d 4 This.

What? 34. Violation of the report on the report

1. Money from 10,000,000 to 30,000,000 dollars for non-circulating behavior reported under the rule of law.

2. Money from 50,000,000 to $70,000,000 for untimely reporting behavior, not full of content under the rule of law or at the request of the State Securities Commission.

3. Money range from 70,000,000 to 100,000,000 to one of the following violations:

a) Not to report in accordance with the rule of law or at the request of the State Securities Commission;

b) The report has an inexact content.

4. Additional execution form:

The suspension of business operations, the stock service, for a period of between 01 months and 3 months for the securities company, the company management of the fund violated the provisions at Section 3 This.

5. Measure corrects:

Forcing information on the behavior of the breach specified at the point b 3 This.

Section 14

VIOLATIONS OF THE REGULATION OF LARGE-SCALE PUBLIC COMPANY AUDITS, THE LISTING ORGANIZATION, THE ORGANIZATION PERFORMING THE SALE OF SECURITIES TO THE PUBLIC, THE SECURITIES COMPANY, THE SECURITIES INVESTMENT FIRM, THE FUND AND THE FUND MANAGEMENT COMPANY.

What? 35. Violation of the regulation of large-scale public company audits, the listing organization, the organization performing the sale of the securities to the public, the securities company, the securities investment firm, the fund and the fund management companies.

1. Money from 5 million to 10,000,000 coins for the approved audit organization does not report, the report is not on the right deadline for the State Securities Commission when changing the name, headquarters or field of practice by regulation.

2. Money from $50,000,000 to $70,000,000 to the approved audit organization and a fine of $25,000,000 to 35,000,000 yuan for the auditor's auditor, the approval of one of the following violations:

a) Not to inform the unit to be auditated when the conduct of the conduct does not comply with the law and regulations regarding the establishment, the presentation of the auditor is auditable or does not petition the unit to be audable with the prevention, repair, processing. committed or failed to write an opinion on the audit report or the regulatory protocol in accordance with the regulation of the audit norm in the case of an uncorrected audit unit, the processing of the error;

b) No notice, the notification is not timely by text for the unit to be auditated or to the third person or to the State Securities Commission when there is suspicion or unit detection of an arbitrated error due to non-compliance with law and other laws. regulation that is relevant to the financial report has been audits;

c) Not in the process, providing information, metrics relating to audit or process operations, providing information, data related to an untimely, complete audit operation, exactly at the request of the State Securities Commission.

3. Money from 70,000,000 to 100,000,000 co-approved for the audit organization is approved for one of the following violations:

a) Deliver a portion or all of the large scale public audit work, the listing organization, the organization performing the sale of the securities to the public, the securities company, the securities investment firm, the fund, and the fund management companies for the audit organization. is not approved for execution, unless the case is regulated by law;

b) No reports, the report is not on the correct deadline for the State Securities Commission when changing the list of baggage audits and the changes that led to no longer eligible for audit approval.

4. Measure corrects:

Binding the program, providing information, the data related to the audit operation for the State Securities Commission on the behavior of regulations stipulated at Point 2 This Article of the 3-day period since the decision date of applying this measure is valid. Go.

Section 15

VIOLATIONS OF THE REGULATION OF INSPECTORS, INSPECTION OF THE STATE AGENCY WITH AUTHORITY.

What? 36. Behavior obstructs inspection, inspection

1. Money from 10,000,000 to 30,000,000 in one of the following violations:

a) The refusal to provide information, documents, electronic data or to provide information, documents, incomplete electronic data, in time for the inspection, inspection, or persons of authority;

b) Stop, make it difficult or hide from the inspector, the judge of the authority;

c) The deliberate delay, evasion, does not enforce the administrative decision of the competent person; do not execute the requirements, the conclusion, the decision of the inspection team, the inspection.

2. Money from 30,000,000 to 40,000,000 to one of the following violations:

a) Hide, repair, document, book, book, electronic data, or alter the object while being checked, tested;

b) Self-removal, escape, or other behavior changes the state of sealing, securities, books, records, accounting, or other artifacts, other sealed facilities.

3. Additional execution form:

a) The suspension of business operations, securities services, or authority to use the securities practice certificate for a period of between 01 months and 3 months for the behavior of regulations stipulated in Clause 1 and Clause 2;

b) The confiscation of words, documents, books, electronic data on the behavior of the breach specified at Point 2 This.

Chapter III

THE AUTHORITY TO SANCTIFY, COMPILE THE ADMINISTRATIVE BREACH AND APPLY THE ADDITIONAL FORM OF PUNISHMENT, THE CONSEQUENCES OF REMEDIATION.

What? 37. Authority to punish administrative violations

1. Chief Inspector of the State Securities Commission, the Head of the Professional Inspecer of the State Securities Commission has the right:

a) Police.

b) The maximum amount to $100,000,000 to the organization and a maximum fine of 50,000,000 to the individual;

c) Apply the applicable remediation measure at paragraph 3 Article 3 This decree.

2. The chairman of the State Securities Commission has the right:

a) Police.

b) The maximum amount of $2,000.000,000 to the organization and a maximum fine of 1,000,000,000 individuals;

c) The maximum amount to 5% of the total amount of money that has mobilized law on the violation of regulations at Clause 3 Article 5 and a maximum fine to 05 times the amount of law on violation of regulations at paragraph 5 Article 6 and paragraph 2 Article 16 This way.

d) Apply the additional form of punishment and the measure of the consequences of regulation at paragraph 2 and paragraph 3 Article 3 of this decree.

What? 38. Authority to compile administrative violation

1. The titles stated at Article 37 of this decree when the discovery of administrative violations in the stock sector and the stock market is entitled to compile the prescribed administrative violation by regulation.

2. Public Affairs, officials of the State Securities Commission are on a mission, which is on the job of finding the securities sector and the stock market in time to compile a violation of the administrative breach and move the copyright infringement. You have the authority to execute the penalty.

What? 39. Apply the suspension of the business deadline, the stock service, and

1. When applying the additional penalty form is the suspension of business activity, the securities service stipulated at paragraph 3 Article 16, Clause 8 Articles 20 and Clause 5 Articles 21, Point A 6 Article 22, Point 7 Article 26, Clause 4 Articles 29, Points b 6. Article 31, Clause 5 Article 33, Clause 4 Article 34, Point A 3 Article 36 This decree, the Chairman of the State Securities Commission has the right to issue a suspension of only one, some or the entire business business, the securities service of the infringement organization.

2. The case of only the decision to suspend only one or a number of business cases, the securities service, the Chairman of the State Securities Commission must record in the decision to sanctiate the business, the stock service suspended and the time. Suspension.

3. The case of suspension of business activity, securities services, or violation of the breach must be suspended in part or all of the business case, stock services, or other activities that are inscribed in the decision to sanctiate.

What? 40. Apply the suspension of the stock listing activity, the registration of the stock exchange, and the SEC.

1. The decision to apply the form of suspenseable form of a securities listing activity, the registration of the securities exchange stipulated at paragraph 5 Article 14 This decree must be simultaneously sent to the Stock Exchange.

2. The suspension has a limited run of securities listing activity, the registration of the stock exchange implementation according to the rules of the Stock Exchange.

What? 41. Apply the suspension of the stock exchange activity deadline

1. The decision to adopt a suspension of the suspended securities of the securities is specified at Clause 4 Articles 30, Point A 6 Article 31 and Clause 5 Article 32 This Protocol must be simultaneously sent to the Stock Exchange Centre.

2. The suspension has a deadline for the activity of the Securities Contracting Center.

What? 42. Apply the consequences of remediation

1. During the 24-hour period, since the adoption of the decision to apply the remediation measure is to force the cancellation of information, reform of information, personally, the organization of the breach must publish about the cancellation of information, reforming information on the 1 central newspaper. It ' s in three consecutive numbers and on the company ' s electronic information site. Personally, the organization infringes upon the execution of information, and information reform must simultaneously report the State Securities Commission, the Securities Exchange of the Cancellation Information, and the reformable information.

2. The deadline for the implementation of the measure against the amount of illegal gains was due to the execution of a violation of 60 days, since the day of the decision to apply this measure took effect. For the personal gain of the individual, the organization does not add to the state budget that forces the individual, the violation of the violation of the individual, the organization.

3. The deadline for the implementation of the consequences of remediation at paragraph 3 Article 3 This resolution is 30 days, since the decision date applies the effective remedy to the enforcement effect, except for the specified cases at the points a and b 4 Article 4, Points a and b. 4 Articles 5, paragraph 7 Articles 6, point b 3 Article 8, Point 6 Article 13, point b 7 Articles 22, Clause 8 Articles 26, Point 3 Article 28, Points a 7 Article 31, Points a 6 Article 32, Clap 4 Article 35, Clap 1 35, Clap 1, 1, And 2 Articles 42 This decree.

Chapter IV

EXECUTION CLAUSE

What? 43.

This decree has the enforcement effect since November 15, 2013 and the replacement of the Digital Protocol. 85 /2010/NĐ-CP August 2, 2010 The government is about sanctions on securities and stock markets.

What? 44. The transition clause

1. For infraction in the field of securities and the stock market that occurred before the time of the Administrative violation of the Administrative violation, the decree took effect on the implementation that was later discovered or is in the process of consideration, the settlement still applies. The rules at the Digital Decree 85 /2010/NĐ-CP August 2, 2010 Government of the Government on the sanctions of the administrative breach in the field of securities and stock markets to sanctiate, except for the case of administrative violations of administrative violations in this decree which is beneficial to individuals, the organization of the breach is applicable. the rules of this decree to sanctiate.

2. For the decision to sanctiate the administrative breach that was issued or executed before the time of the Administrative violation of the Administrative violation, the decree took effect on which the individual, the organization being punished and the complaint applies to the applicable law. The main administrative, the digital decree. 85 /2010/NĐ-CP August 2, 2010 The government is about sanctions on securities and the stock market.

What? 45.

1. The Minister of Finance is responsible for guiding, examining and overseeing the implementation of this decree.

2. The ministers, the chief of the government, the Head of the Government, the Chairman of the Government, the Chairman of the Provincial People's Committee, the Central City of the Central Committee, is responsible for the implementation of this decree.

TM. THE GOVERNMENT.

Prime Minister

(signed)

Dao Dung