Chương VI Nghị định 158/2006/NĐ-CP hướng dẫn Luật Thương mại hoạt động mua bán hàng hoá qua Sở Giao dịch hàng hóa: Ủy thác mua bán hàng hoá qua sở giao dịch hàng hoá

Chapter VI

ENTRUSTED GOODS PURCHASE AND SALE THROUGH THE GOODS EXCHANGE

Article 45.- Entrusted goods purchase and sale through the Goods Exchange

1. Organizations and individuals other than trading members of the Goods Exchange may entrust trading members to conduct goods purchase and sale through the Goods Exchange.

2. The entrusted goods purchase and sale through the Goods Exchange must be conducted on the basis of written trading entrustment contracts.

3. Entrusted trading orders are executed for each specific trading on the basis of a trading entrustment contract. Entrusted trading orders may be made in writing or in other archivable forms as agreed upon by the parties.

4. Trading members may only conduct transactions for their customers after receiving entrusted trading orders.

5. On the basis of written requests of customers for adjustment or cancellation of entrusted trading orders, trading members shall adjust or cancel the corresponding trading orders for those customers if such orders are not matched.

6. Trading members shall archive trading entrustment contracts, entrusted trading orders and customers' requests for adjustment or cancellation of entrusted trading orders.

Article 46.- Contents of trading entrustment contracts

1. Contents of a trading entrustment contract is agreed upon by contracting parties.

2. An entrusted trading order consists of the following principal contents:

a/ Type of transaction;

b/ Goods for trading;

c/ Trading volume;

d/ Price;

e/ Trading contract.

3. Trading members may add other contents, depending on particular characteristics of each type of transaction, type of goods to be traded and the Goods Exchange's regulations on contents of trading orders.

Article 47.- Methods of securing transaction execution

1. Trading members of the Goods Exchange shall request their customers to pay collaterals to secure the execution of transactions entrusted by customers to them through the Goods Exchange.

2. Collateral forms include initial collateral, additional collateral and other collateral forms as agreed upon by trading members and their customers.

3. Collateral level is specifically determined according to agreement between parties but must not be lower than 5% of the value of the entrusted trading order. That collateral level must be maintained in the form of additional collateral upon each trading day to ensure the collateral level agreed upon by the parties.

4. Within a time limit specified in the trading entrustment contract, a trading member may finally settle contracts of its customer in case that customer fails to add collateral amount as specified in Clause 3 of this Article.

5. If the collateral level exceeds the necessary level specified in Clause 3 of this Article, the customer may withhold the excess.

Article 48.- Notification of execution of transactions

1. Right after executing transactions for their customers, trading members shall notify in writing those customers of results of order placement through the Goods Exchange.

2. In case of order matching, trading members shall notify their customers of the following information:

a/ Trading form;

b/ Goods for trading;

c/ Time and date of transaction execution;

d/ Number of sale or purchase contracts;

e/ Trading price;

f/ Total value of executed transactions;

g/ Trading charge;

h/ Other contents as agreed upon between them and their customers.

3. If trading orders cannot be executed, trading members shall promptly notify their customers of the failure, clearly justifying the reasons therefor.

4. After receiving notices on execution of transactions according to Clauses 1, 2 and 3 of this Article, if detecting that those notices are incorrect or inappropriate, customers may lodge with trading members written complaints about the notified contents.

5. In case of contract performance by the mode of goods delivery and receipt, trading members shall notify their customers of the contents specified in Clause 2 of this Article and the following contents:

a/ The name of the goods warehouse;

b/ The name of the goods seller or purchaser;

c/ The certification number of the warehouse;

d/ Other contents as agreed upon by the parties.

Article 49.- Notification of accounts of customers

1. Trading members shall regularly notify in writing their customers of the status of their accounts and request the latter to certify that account status.

2. If the collateral amounts exceed the necessary level agreed upon by the parties, trading members shall promptly notify their customers of the excess and refund that collateral excess at the request of the customers.

3. If the collateral amounts do not reach the necessary level agreed upon by the parties, trading members shall promptly notify their customers of the deficit and request the latter to pay additional collateral amounts to ensure necessary collateral level.

4. When disagreeing with information on account status notified by trading members, customers shall promptly complain with trading members and those trading members shall reply in writing the customers.