Chapter I
GENERAL PROVISIONS
Article 1.- Scope of regulation
This Decree stipulates the issuance of securities to the public, securities transactions and securities-related services and the securities market on the territory of the Socialist Republic of Vietnam.
Article 2.- Interpretation of terms
In this Decree, the following terms shall be understood as follows:
1. Securities mean certificates or book entries which certify lawful rights and benefits of the securities owners over assets or capital of the securities issuing organizations. Securities include:
a/ Shares;
b/ Bonds;
c/ Investment fund certificates;
d/ Other types of securities.
2. Issuance of securities to the public means offering securities transferable under the conditions stipulated in Clause 5, Article 6 and Clause 2, Article 8 of this Decree.
3. An issuing organization is a legal person that is authorized to issue securities to the public in accordance with the provisions of this Decree.
4. A prospectus is a statement of an issuing organization which states the financial situation, business activities and plan on using the proceeds from the issuance in order to help the public evaluate and make decisions to buy securities.
5. Securities listing means permitting the eligible securities to be traded at the Central Trading Market.
6. Securities brokerage means activities of an intermediary or a representative to buy or sell securities on behalf of his/her clients in order to get commissions.
7. Dealing means buying and selling securities by a securities firm for itself.
8. Securities distribution means the sale of securities through an agent or an issuance underwriter on contractual basis.
9. Issuance underwriting means the assistance rendered by a underwriting organization to an issuing organization to carry out the procedures before offering securities, buying securities from the issuing organization in order to resell them, or buy the remaining securities which are not yet distributed.
10. Securities trading means buying and selling securities on the Central Trading Market.
11. Securities investment consultancy means activities of analyzing, providing securities-related recommendations or making public and distributing analytic reports on securities.
12. Portfolio management means the management of clients' capital by buying, selling and holding securities in the interest of clients.
13. A securities firm is a joint stock company or a limited liability company, which is permitted to conduct securities business of one or several types.
14. Liquidity capital means cash and current assets which are convertible into cash within a certain period of time.
15. A securities investment fund is a fund set up with capital contributed by investors and entrusted to an investment fund management company, with at least 60% of asset value of the fund being invested in securities.
16. Securities custody means keeping and preserving clients' securities and helping clients exercise their rights over securities.
17. Securities registration means the recognition of the ownership right, other rights and relevant obligations of the securities holders by an information system kept in the securities custody accounts.
18. A securities custody account is an account used for accounting of the deposit, withdrawal or transfer of securities; and for accounting of delivery and receipt of securities.
19. The Central Trading Market is a place or an information system where securities are bought and sold, or a place of reference in order to effect securities transactions.
20. Involving persons are individuals or organi-zations that are interrelated as in the following cases:
a) A parent company and its subsidiary companies (if any);
b) A company and its managers;
c) A group of persons who act in co-ordination on the basis of an agreement to acquire the control of a company or the decisions of such company;
d/ Parents, spouses, offspring and/or siblings.
21. A securities business practitioner is an indivi-dual licensed by the State Securities Commission to participate in the securities business activities.
22. An investor is a person who owns, buys or intends to buy securities for himself/herself.
23. A securities holder is an individual or organi-zation that is controlling securities. A holder may be a securities owner or a representative of a securities owner.
24. A representative of a bond owner is a legal person authorized to hold bonds and represent the interests of a bond owner.
25. A minor shareholder is a person who holds less than 1% of the voting shares of an issuing organization.
26. A major shareholder is a person who holds 5% or more of the voting shares of an issuing organization.
Tìm kiếm
Nghị định 48/1998/NĐ-CP (Bản Word)