Chương VI Thông tư 98/2020/TT-BTC : Chế độ báo cáo

Chapter VI

REPORTING

Article 79. Reporting, document retention and information management

1. Fund management companies must ensure that investors may access information about statistical reports on transactions according to the form in Appendix XXIII enclosed herewith. The fund management company shall provide statistical reports on transactions, account balance and sub-account balance for the investor within 05 working days from the receipt of the investor’s written request.

2. Fund management companies shall send periodic reports on management of assets of securities investment funds and securities investment companies to SSC, including:

a) Weekly report on changes in NAV of the public fund or public securities investment company, made according to the form in Appendix XXIV enclosed herewith;

a) Monthly, quarterly and annual reports on investments of the securities investment fund or company, made according to the form in Appendix XXVI enclosed herewith;

c) Biannual and annual reports on operations of the securities investment fund or company, which include primary contents in the form in Appendix XXV enclosed herewith;

d) Quarterly financial statements; reviewed biannual financial statements and annual financial statements, which have been audited by accredited audit organizations, of the securities investment fund or company, made according to regulations of the Law on accounting regarding securities investment funds and securities investment companies.

3. The fund management company shall disclose or provide investors/shareholders with the following documents:

a) The reports specified in Clause 2 of this Article;

b) The prospectus or summary prospectus.

4. The documents specified in Clause 3 of this Article shall be provided free-of-charge to investors/shareholders on the website of the fund management company or sent directly by email to investors/ shareholders or in other forms as prescribed in the fund's charter, or the charter of the securities investment company, and specified in the prospectus or summary prospectus. Investors/shareholders may refuse to receive the documents specified in Clause 3 of this Article. If requested by investors/shareholders, the fund management company shall provide them with risk management procedures, which specify investment limits, risk prevention and management measures adopted to manage assets of the securities investment fund or company.

5. Private securities investment companies that self-manage their capital shall provide information for investors and submit the reports specified in Points b, d Clause 2 of this Article to SSC;

6. Within 05 working days from the date of ratification of its decision on recruitment, appointment, dismissal or replacement of members of the Board of Directors, General Director (Director), Deputy General Director (Deputy Director), or operations employees, the securities investment company, fund management company, or the private securities investment company that self-manages its capital shall submit a report made according to the form in Appendix XII enclosed herewith to SSC. The report on personnel recruitment, appointment or changes thereof must be accompanied with personal records of the relevant employee and documents proving his/her satisfaction of eligibility requirements as prescribed.

7. Time limits for submission of reports:

a) Weekly reports: by the first working day of the following week or within 03 working days from the valuation date (regard to the report of an open-end fund);

b) Monthly reports: within 05 working days from the end of the reporting month;

c) Quarterly reports: within 20 days from the end of the reporting quarter;

d) Biannual reports: within 45 days from the end of the first six months;

dd) Annual reports: within 90 days from the end of the reporting year.

8. The closing dates of the periodic reports mentioned in Clauses 2, 3 of this Article are provided for as follows:

a) A weekly report shall include data from the first day to the last day the reporting week (except data reflected at a given time);

b) A monthly report shall include data from the first day to the last day the reporting month (except data reflected at a given time);

c) A quarterly report shall include data from the first day to the last day the reporting quarter (except data reflected at a given time);

d) A biannual report shall include data from January 01 to June 30 inclusively of the reporting period (except data reflected at a given time);

dd) An annual report shall include data from January 01 to December 31 of the reporting year (except data reflected at a given time);

e) The reporting period of a securities investment fund or a securities investment company whose operating period is less than a reporting period shall commence from the issue date of the certificate of registration for fund establishment or the license for establishment and operation to the last day of the reporting period as prescribed in Points a, b, c, dd and dd of this Clause.

9. The fund management company shall send required reports to SSC whether in physical or in electronic form.

10. Apart from the reporting cases prescribed in this Article, for the purposes of protecting common interests as well as investors’ interests, SSC may request fund management companies to submit reports on operations of managed securities investment funds and request securities investment companies to submit reports on their operations.

11. The fund management company shall submit reports to SSC within 48 hours from the receipt of the request as prescribed in Clause 10 of this Article.

12. Fund management companies and supervisory banks shall retain all documents related to investments of relevant funds in accordance with regulations on organization and operation of fund management companies.

13. Fund management companies, supervisory banks, distribution agents, relevant service providers, audit organizations, fund’s representative boards, and relevant entities shall protect confidentiality of information about the fund’s operations and information concerning investors, and shall not provide such information to any third party, unless requested in writing by competent authorities.

Article 80. Reporting by supervisory banks

1. Supervisory banks shall prepare and send monthly, quarterly and annual reports on their supervision of the management of assets of public funds and public securities investment companies by fund management companies, which are made according to the form in Appendix XXVII enclosed herewith, to SSC. A supervision report submitted by the supervisory bank must include its assessment of compliance with regulations of law, the fund’s charter or the charter of the securities investment company as follows:

a) Assessment of the compliance by the fund management company when making investments and conducting transactions for the fund or securities investment company;

b) Assessment of the calculation of NAV of the fund or securities investment company, including cases of NAV miscalculation (if any);

c) Issuance, redemption of fund certificates, offering of shares by the securities investment company, or exchange of component securities baskets;

d) Violations (if any) committed by the fund management company and proposed remedial measures.

2. The supervisory bank shall submit reports to SSC within 24 hours from the detection of the violation in the following cases:

a) The fund management company fails to comply with investment limits resulting the fund’s or securities investment company’s investments exceeding the prescribed limits, or commits securities- and securities market-related violations;

b) The loss incurred from the fund management company’s management of assets is too heavy and the costs for remedying consequences are two high;

c) Other cases at the request of SSC.

3. The supervisory bank shall also specify the violation in Clause 2 of this Article in the monthly, quarterly or annual supervision report if the violation is not yet remedied, and submit a report within 24 hours after the violation has been remedied.

4. Supervisory banks shall comply with regulations applied to fund management companies in Clauses 7, 8, 9, 10,11 Article 79 hereof.