Quyết định 47/QD-VSD

DECISION

ISSUING REGULATIONS ON REGISTRATION SECURITIES TRANSACTION CODE OF FOREIGN INVESTOR AT VIETNAM SECURITIES DEPOSITORY

GENERAL DIRECTOR VIETNAM SECURITIES DEPOSITORY

Pursuant to the Securities Law of June 29, 2006 and the Law amending and supplementing a number of Articles of the Law on Securities of November 24, 2010;

Pursuant to Decision No. 171/2008/QD-TTg of December 18, 2008 of the Prime Minister on the establishment of the Vietnam Securities Depository;

Pursuant to Decision No. 1393/QD-BTC of June 04, 2009 of the Ministry of Finance on promulgating the Regulation on organization and operation of the Vietnam Securities Depository;

Pursuant to Circular No. 213/2012/TT-BTC of December 06, 2012 of the Ministry of Finance guiding the activities of foreign investors on the Vietnamese stock market;

Pursuant to the Dispatch No. 815/UBCK-QLQ of March 08, 2013 of State Securities Commission on the approval of regulations on registration of securities trading code of foreign investors  at Vietnam Securities Depository.;

At the proposal of the Head of Development Research and International Cooperation Department;

DECIDES:

Article 1. Issuing together with this Decision the Regulation on registration of securities trading code of foreign investors at Viet Nam Securities Depository Center.

Article 2. This Decision takes effect from its signing date and supersedes Decision No. 09/QD-TTLK of May 28, 2009 of the Director of Securities Depository Center on promulgating the Regulation on registration of securities trading code of foreign investors at Viet Nam Securities Depository Center.

Article 3. Director of branch in Ho Chi Minh City, the Head of Administrative Department, Head of Development Research and International Cooperation Department, Head of Departments of Vietnam Securities Depository and relevant organizations and individuals are liable to execute this Decision . /.

REGULATION

ON THE REGISTRATION OF SECURITIES TRADING CODE OF FOREIGN INVESTORS AT VIETNAM SECURITIES DEPOSITORY
(Issued together with Decision No. 47/QD-VSD of March 13, 2013 of the General Director of Viet Nam Securities Depository Center)

Article 1. Purpose and scope of regulation

This Regulation guides the order and procedures and dossier for registration of securities trading code, change of information and cancellation of trading code of foreign investors at the Vietnam Securities Depository (VSD).

Article 2. Dossier for registration of trading code

1. The foreign investors shall register directly or authorize depository member to register trading code at Vietnam Securities Depository. The dossier for registration of trading code shall comply with provisions in Article 4 of Circular No. 213/2012/TT-BTC dated December 06, 2012 of the Ministry of Finance guiding the operation of foreign investors on Vietnamese securities market (hereafter referred to as Circular 213).

2. The dossier for registration of trading code for foreign investors that are foreign securities companies shall be issued two (02) trading codes and foreign investment funds managed by Multiple Investment Managers Fund – MIMF may register a lot of trading codes as specified in Clause 1, 2, Article 3 of Circular 213.

2.1. In case a foreign securities company has been issued one (01) trading code, the dossier for registration for additional issuance of one (01) trading code includes documents specified at Point a, Clause 1, Article 4 of Circular 213 and a copy of certificate of trading code registration previously issued.

2.2. In case a foreign investment fund managed by Multiple Investment Managers Fund – MIMF has been has been issued one (01) trading code, the dossier for registration for additional issuance of one (01) trading code includes documents specified at Point a, Clause 1, Article 4 of Circular 213, a copy of certificate of trading code registration previously issued and relevant documents specified in Annex 15 issued together with the Circular 213.

3. After receiving valid and complete dossier for registration of trading code, within five (05) working days for foreign investors as organizations (including the case the investors register additional trading code) and three (03) working days for foreign investor as individuals and fund management companies, branches in Vietnam of foreign fund management companies, Vietnam Securities Depository shall issue Certificate of trading code to foreign investors under the form 01/MSGD of this Regulation (applicable to the case the investors authorize the depository members to register their trading codes directly at Vietnam Securities Depository); the form 03/MSGD (applicable to the fund management companies, branches in Vietnam of foreign fund management companies managing foreign portfolio and MIMF fund authorizes depository members to register their trading codes); the form No. 04/MSGD (applicable to fund management companies, branches in Vietnam of foreign fund management companies managing foreign portfolio and MIMF fund and submitting dossier directly at Vietnam Securities Depository to register trading code). In case the dossier for registration of trading code is invalid and incomplete, Vietnam Securities Depository shall return it under the form 05/MSGD.

Article 3. Dossier for change of information of foreign investors

1. Dossier for change of information of foreign investors shall comply with provisions in Article 5 of Circular 213.

2. In case the portfolios are transferred between depository accounts (account closing) as defined at Point b, Clause 1, Article 5 of Circular 213, dossier for the transfer of all depository account closing includes the documents specified in Clause 2, Article 5 of Circular 213 and Point a, b​​, e, Clause 4 and Clause 5, Article 24 of the Regulation on securities depository operation issued together with Decision No. 38/QD-VSD dated April 25, 2012 of the General Director of Vietnam Securities Depository.

3. After receiving valid and complete dossier for change of information specified in Clause 1, Clause 2 of this Article, within three (03) working days for the cases of change specified in Clause 1, Article 5 of Circular 213 and two (02) working days for the case of change specified in Clause 5, Article 5 of Circular 213. Vietnam Securities Depository shall send written confirmation of the change in information under the form 06/MSGD. For the case of change in information to transfer the portfolio between depository accounts, Vietnam Securities Depository shall send dispatch attached to the effective date of account transfer.

Article 4. Dossier for cancellation of trading code

1. The cancellation of trading code shall comply with provisions in Clause 2, Article 6 of Circular 213.

2. Within one (01) working day after receiving the written request of the State Securities Commission for the case of cancellation of trading code specified at Point a, Clause 2, Article 6 of Circular 213 and within two (02) working days after receiving valid and complete dossier for cancellation of trading code for the cases specified at Point b, Clause 2, Article 6 of Circular 213, Vietnam Securities Depository shall send written cancellation notice of trading code (under the form 07/MSGD). In case the dossier is invalid and incomplete, Vietnam Securities Depository shall return it under form 05/MSGD.

Article 5. Rule to issue trading code

1. Foreign investors shall be issued one (01) trading code, except for the case specified in Clause 2 of this Article.

2. Foreign securities companies may register two (02) trading codes: one (01) code for business accounts and one (01) code for brokerage accounts. Foreign investment fund managed by Multiple Investment Managers Fund – MIMF may register one trading code for portfolios managed by one (01) fund management company.

3. Trading code issued to foreign investors includes 06 (six) characters XXXXXX, in which:

4. The trading code issued by Stock Exchange, Vietnam Securities Depository before the effective date of this Document shall not have to re-register according to the rule of code issuance in this Regulation.

Article 6. Dossier sent to Vietnam Securities Depository as specified in Article 2, 3 and 4 of this Regulation is made in (02) sets, one (01) original and one (01) copy. Each set incluses two (02) copies, one (01) set in Vietnamese and one (01) set in original language

Article 7. Implementation provision

1. Within six (06) months from the effective date of Circular 213, Vietnam Securities Depository shall continue to handle dossiers of foreign investors that have complied with provisions in Decision No. 121/2008/QD-BTC of the Minister of Finance.

2. Any difficulty arising in the course of implementation should be promptly reported to Vietnam Securities Depository for guidance and settlement.

3. The amendment and supplementation of this Regulation shall be decided upon by the General Director of Vietnam Securities Depository after the approval of the State Securities Commission.