Chapter I
GENERAL PROVISIONS
Article 1. Scope of application and applicable entities
1. This Circular shall provide guidance on securities investing and trading activities, and the rate of securities ownership by foreign investors on Vietnam's securities market, exclusive of the following investing activities:
a) Investing activities stipulated in Article 22, 27 and 28 of the Investment Law;
b) Contribution of capital to and trading of shares of companies other than public companies, or capital contributions to limited liability companies, except for contribution of capital, purchase of shares, capital contributions in securities trading organizations and securities investment funds.
2. This Circular shall apply to the following entities:
a) Foreign investors;
b) Economic organizations of which more than 51% of the charter capital is held by foreign investors;
c) Depository banks, securities trading organizations;
d) Issuing organizations and public companies;
dd) Other related organizations or individuals.
Article 2. Interpretation of terms
In this Decree, terms used herein shall be construed as follows:
1. Valid copy refers to the notarized or authenticated copy that complies with relevant legal regulations.
2. Competent representatives of foreign organizations comprise:
a) The Chairman of the Management Board, the Chairman of the Members’ Council, the company’s Secretary or the Director (the Director General) of foreign organizations, and the owners of foreign organizations;
b) Competent persons stipulated in the Charter of foreign organizations or in the capital contribution agreement or equivalent materials of foreign organizations having full authority to put their signature to materials and perform tasks stipulated in this Circular;
c) Persons granted the written authorization with certification of foreign notaries public from those stipulated in Point a, b of this Clause, or persons certified by foreign attorneys or notaries public to have full authority to act as representatives of foreign organizations in accordance with their home country's laws.
3. Transactional representatives refer to Vietnamese individuals in compliance with regulations laid down in Clause 6 Article 3 hereof authorized by foreign investors to perform securities trading and investing activities on Vietnam's securities market, publicly disclose information, report to competent state agencies in accordance with Vietnamese laws.
4. Valid application refers to the application containing a full set of documents stipulated by this Circular which includes properly and sufficiently declared contents in accordance with legal regulations.
5. Securities trading organizations include securities companies and fund management companies operating in Vietnam.
6. Foreign investors refer to individuals holding foreign nationality; organizations incorporated in accordance with their home country's laws and charged with carrying out investment and business activities in Vietnam (hereinafter referred to as foreign organization).
7. Group of related foreign investors is composed of foreign organizations that connect with each other in one of the following forms:
a) Offshore funds or foreign organizations put under the management of the same onshore or offshore fund management company;
b) Funds of the same master fund or portfolios of the same fund, and sub-funds of the same fund, and funds of the same feeder fund;
c) Investment portfolios of the same offshore fund, or foreign organizations put under the management of the Multiple Investment Managers Fund (MIMF);
d) Investment portfolios of the same offshore fund or the same foreign investor, even those deposited in different depository accounts;
dd) Offshore funds, foreign investors with the same transactional representative.
8. Depository members refer to securities companies, commercial banks that obtain the certificate of depository operations from the State Securities Commission and have registered as members of the Vietnam Securities Depository.
Tìm kiếm
Thông tư 123/2015/TT-BTC (Bản Word)