Circular 44/2009/ttlt/bca: Btc-A Guide To Coordinate Handling Of Breaking The Law In The Field Of Securities And Stock Market

Original Language Title: Thông tư liên tịch 46/2009/TTLT/BTC-BCA: Hướng dẫn phối hợp xử lý vi phạm pháp luật trong lĩnh vực chứng khoán và thị trường chứng khoán

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Securities pursuant to the law No. 70/2006/QH11 on 29/6/2006;

Pursuant to the law of public security of the people of 54/2005/QH11 on 29/11/2005;

Pursuant to Decree No. 178/2007/ND-CP dated 03/12/2007 of the Government functions, tasks, powers and organizational structure of ministries, ministerial agencies;

Pursuant to Decree No. 36/2007/ND-CP on 8/3/2007 of the Government on sanctioning administrative violations in the field of securities and stock market;

The Ministry of finance and the Ministry of public security uniform guidelines on handling coordination violates the law in the field of securities and the stock market are as follows: i. GENERAL PROVISIONS 1. Scope this circular guidance on coordination between the Ministry of finance and the Ministry of public security in the detection and handling of breaking the law in the field of securities and stock market.

2. Explain the term In this circular, the terms below are interpreted as follows: 2.1 Causes serious consequences are damage to property and the non-material consequences (bad influence to implementing the party's lines and policies of the State; the bad influence to the fairness publicity, transparency, and safety of the stock market) is regulated in the legal text on securities and the stock market or other legal text regulations, instructions that cause serious consequences.

2.2 voluntary remedial: is the person with violations of the securities laws on causing damage to property, economic stability, social order has claimed responsibility and voluntarily corrected, compensation, remedial which was damaged parties accept as the law allows.

3. principles of coordinate handling of breaking the law in the field of securities and securities markets In 3.1 scope of functions, duties and jurisdiction under the provisions of the law, the Ministry of finance and the Ministry of public security is responsible for coordinating closely with each other in the prevention, detection , clarification, treatment violates the law in the field of securities and stock market.

3.2 When considering the incident violated the law in the fields of securities and securities markets, the competent authority must clearly define the properties is civil, economic, criminal, or administrative to ascertain the correct jurisdiction, properly applied the provisions of the law, avoid troubling, damage to the Organization , individuals involved in the stock market.

3.3 in the case before the offence was detected, the offender voluntarily, timely compensation, remedial due to make violations of the law in the field of securities and stock market, promptly declared the job, contribute effectively to the Inspector , investigating the incident, trying to limit the consequences of the offence, shall also be exempt from criminal liability.

3.4 Are objective reviews, comprehensive, full on the causes, nature, extent and consequences of the violations of the law in the field of securities and stock market; where necessary, they must conduct the referendum of the professional body in accordance with the law.

II. SPECIFIC INSTRUCTIONS 1. Focal agency made financial co-operation given to the State Securities Commission, the Ministry of public security delivered to the investigating police agency (criminal investigation police Bureau on economic management order and position) (hereinafter referred to as the Agency) coordinated implementation of this circular.

2. coordinate content handled in violation of the law in the field of securities and stock market content coordination: 2.1 a) promptly give each other the texts of the relevant legal and administrative violations and crime in the field of securities and stock market;

b) collaboration in the work handle violations caused serious consequences or violation of criminal signs.

2.2 specific coordination activities: a) Moving violations records signs so crime criminal responsibility:-during inspection missions or during the processing of violating the law, if the Organization, individuals violating criminal signs, within five days from the date of detection of signs of the crime, the State Securities Commission is responsible for transferring the record to the competent investigation agency recommendations to prosecute under criminal law and guidance in circular No. 03/2006/TTLT-VKSNDTC-TTrCP-BCA-BQP on 23/5/2006 the interdisciplinary's Supreme People's Procuratorate The Government Inspector, Ministry of public security, the Ministry of defence about the relations of coordination in detecting, investigating, processing service signs crime inspection agency recommendations to prosecute.

-For the case was a decision sanctioning administrative violations, then detected violations of the organization or individual that signs that crime and yet time prejudice criminal liability, the person has a decision sanctioning administrative violations must quash that decision and within three days from the date of the decision to cancel the file handle to the competent investigation agency recommendations to prosecute under the provisions of the law.

-Transfer service records the violation includes: dispatch file for investigation; Report about violations of (a copy); inspection results, verify (if available); other related documents (copies). The transfer of records must be made in the minutes.

-The profile base offense show signs of crimes by the State Securities Committee moved to review investigations, the Agency processed and notified in writing to the State Securities Commission about the decision to prosecute or not to prosecute criminal cases. The case of the State Securities Commission received decided not to prosecute the criminal, the authority sanctioning administrative violations in the field of securities and the stock market have to decide punishments for violations of the law under the guidance of this circular and informed authorities about the administrative breach sanctions already.

-With regard to the incident that violated State Securities Committee had concluded there was no indication the crime but authorities detected signs of crime, the need to exchange with the State Securities Commission before a decision to prosecute in the criminal provisions of the law. The State Securities Committee has the responsibility to provide the records, documents and related information collected during the inspection process and the conclusions of the State Securities Commission for investigating authorities to investigate, clarify the crime.

b) Moving violations records for sanctioning of administrative violations in accordance with the law on securities and the stock market:-in the case of violations records were transferred to the Agency investigation, but found no violations sufficient signs constitute crimes or not causing serious consequences, the authority of the Agency to make a decision Returns the profile for violations of State Securities Commission to sanction the administrative violation according to the provisions of the law on securities and the stock market.

The State Securities Committee decision to sanction within 10 days from the date of the decision to return the records violations. In the event it deems needed more time to verify, collect evidence, the people are accepting the violation may apply to extend the time limit for a decision to sanction prescribed in Decree No. 36/2007/ND-CP of the Government on sanctioning administrative violations in the field of securities and stock market.

-Case investigation found violations of the law in the field of securities and the stock market but in the course of the investigation it deems that behavior is not yet showing signs of crime are responsible for transfer of records, documents for State Securities Committee to handle the administrative violation according to the authority. The State Securities Committee must be informed in writing about the results of processing for the Agency said.

c) collaboration to provide information about the situation of violation of law in the field of securities and the securities market: in case the Agency uncovered violations of criminal signs, the need to provide information and exchange with the State Securities Commission.

2.3 the activities between the State Securities Committee and investigating authorities under the provisions of this circular are expressed in writing.

3. The violation of the legislation in the field of securities and the stock market need to coordinate handling of State Securities Commission and the Agency is responsible for coordinating the detection, handling of breaking the law in the field of securities and stock market, specifically the following: 3.1 the Organization , individual registration documents forged to sell stock to the public cause serious consequences.

3.2 the Organization, individuals set up fake profiles to listed securities on the market causing serious consequences.

3.3 the Organization, individuals held illegal stock market destabilizing stock market causing serious consequences.

3.4 organisation, active individual stock trading advantage, the task use money, securities on the client's account without the client entrusted to cause serious consequences.

3.5 organization, individual securities investment funds which are not registered or reported to the State Securities Committee and use funds that cause serious consequences.

3.6 violating securities trading regulations causing serious consequences: a) individual organizations provide, disclose, using inside information to buy and sell securities or recommend others to buy securities, causing serious consequences;

b) organizations, individuals perform fraudulent, phishing, fake documents provided, fake, falsify or destroy documents dealing to scam, seduce customers to buy securities, causing serious consequences; fake securities, securities circulation;

c) Organization, individuals perform the acts prohibited to manipulate stock prices, creating phony stock prices, the transaction artificially, causing serious consequences;


3.7 personal organizations deliberately published false information or creating, disseminating untrue information to benefit the axis cause affecting the stock market, cause of the stock market, causing serious consequences;

3.8 other law violations in the field of securities and stock market causing serious consequences.

III. IMPLEMENTATION 1. This circular effect after 45 days from the date of signing.

2. During the implementation of this circular if arising difficulties and obstacles to timely reflect the recommendation of the Ministry of finance and the Ministry of public security to supplement research accordingly.

 





KT. DEPUTY MINISTER of PUBLIC SECURITY MINISTER Colonel General-World Labian Salons KT. DEPUTY FINANCE MINISTER Tran Xuan Ha