Chapter VI
MANAGEMENT AND SUPERVISION OF DERIVATIVE MARKET
Article 39. SSC’s supervision
1. Supervise derivative transactions; supervise derivative- and derivative market-related activities of SE and VSDCC according to regulations adopted by the Minister of Finance.
2. Supervise the compliance of derivative trading organizations, clearing and settlement service providers, trading members, special trading members, market makers and clearing members with regulations of the Law on securities.
3. Supervise the implementation of internal procedures, rules and regulations concerning risk management and internal control in business operations and supply of services to investors at derivative trading organizations, and clearing and settlement service providers.
4. Supervise the maintenance of operational conditions by derivative trading organizations, and clearing and settlement service providers; the compliance with regulations on operational limits, protection of rights and interests of investors in accordance with regulations herein and other regulations on securities and securities market.
5. Supervise the separate management of accounts and assets of investors, and derivative trading organizations, and clearing and settlement service providers in accordance with regulations herein and relevant laws.
6. Supervise the retention and management of transaction data; the compliance with regulations on reporting and information disclosure.
Article 40. SE’s supervision
1. The SE’s supervision tasks include:
a) Supervise the compliance of trading members, special trading members and market makers with regulations of the Law on securities and relevant laws;
b) Supervise trading operations of entities that take place on SE in order to detect and prevent transactions with signs of abnormality or violations against regulations of the Law on securities.
2. SE shall formulate and promulgate criteria for supervision of derivative transactions after obtaining approval from SSC.
Article 41. VSDCC’s supervision
1. VSDCC’s supervision tasks include:
a) Supervise the compliance of clearing members with regulations of the Law on securities and relevant laws; manage and supervise their maintenance of required margins as prescribed;
b) Supervise the compliance of investors with position limits during their participation in derivative trading.
2. In case there is any sign of abnormality in clearing and settlement activities or any sign that investors or clearing members are insolvent, VSDCC shall give warning and request the clearing members to provide explanations, and relevant documents and information, and promptly report to SSC.
Tìm kiếm
Nghị định 158/2020/NĐ-CP (Bản Word)
Nghị định 158/2020/NĐ-CP (Bản Pdf)