Chương 1 Thông tư 91/2013/TT-BTC: Quy định chung

Chapter I

GENERAL PROVISIONS

Article 1. Scope of regulation and subjects of application

1. This Circular guides the registration of establishment, organization and operation of Vietnam-based representative offices of foreign securities trading organizations and Vietnam-based branches of foreign fund management companies.

2. Subjects of application include: Vietnam-based representative offices of foreign securities trading organizations (below referred to as representative offices); Vietnam-based branches of foreign fund management companies (below referred to as branches); and individuals and organizations involved in the registration of establishment, organization and operation of Vietnam-based representative offices and branches.

Article 2. Interpretation of terms

In this Circular, the terms below are construed as follows:

1. Valid copy means a copy of a document which is notarized or certified in accordance with Vietnamese law.

2. Vietnam-based branch of a foreign fund management company means a dependent unit of such company (parent company), which has no legal person status and has its parent company taking responsibility before Vietnamese law for all of its activities in Vietnam.

3. Parent company means a securities trading organization established in a foreign country and registering the operation of a Vietnam-based representative office or a foreign fund management company established in a foreign country and registering the establishment of a Vietnam-based branch.

The parent company takes responsibility before Vietnamese law for all activities and obligations of their Vietnam-based representative offices or branches.

4. Competent representative means:

a/ Chairperson of the Board of Directors, chairperson of the Members’ Council, company president, chief executive officer or general director of the parent company;

b/ A person authorized in writing by the person mentioned at Point a of this Clause;

c/ A person competent according to the parent company’s charter to sign documents specified in this Circular and perform relevant jobs within the scope of vested powers.

5. Personal file includes an information sheet made according to the form in Appendix 2 to this Circular and a valid copy of the valid people’s identity card or passport or another lawful personal identification paper.

6. Valid dossier comprises documents and papers which are fully filled in as prescribed by relevant laws, including foreign-language documents made on the following principles:

a/ Documents issued by competent foreign state management agencies must be legalized by consular offices, translated into Vietnamese and notarized in accordance with relevant laws. The date of consular legalization must be within six (6) months before the submission of the dossier;

b/ Other foreign-language documents not issued by competent foreign state management agencies or documents downloaded from websites of such agencies must only be translated into Vietnamese by a licensed translation organization in Vietnam; or translated into Vietnamese by another organization, provided Vietnamese translations are certified by a licensed translation organization in Vietnam to be accurate and complete to foreign-language documents. These documents are not subject to consular legalization;

7. Date of operation commencement means a day on which a Vietnam-based representative office of a foreign securities trading organization or a Vietnam-based branch of a foreign fund management company commences operation.

8. Country of origin means a country where a parent company is established and locates its head office.

9. Foreign securities trading organization means a securities company or fund management company established in a foreign country.

10. Vietnam-based representative office of a foreign securities trading organization means a Vietnam-based representative office of a securities company or foreign fund management company established in a foreign country.

11. Charter capital of a Vietnam-based branch of a foreign fund management company means capital allocated by a parent company to its Vietnam-based branch.