THE GOVERNMENT
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SOCIALIST REPUBLIC OF VIET NAM
Independence - Freedom – Happiness
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No.
75-CP
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Hanoi
, November 28, 1996
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DECREE
ON ESTABLISHING
THE STATE STOCK COMMITTEE
THE GOVERNMENT
Pursuant
to the Law on Organization of the Government of September 30, 1992;
With a view to accelerating the
formation and development of the stock market and the management of stock
business in Vietnam;
At the proposals of the Chairman of the Commission on Preparation for the
Organization of the Stock Market and the Minister-Chairman of the Government
Commission on Organization and Personnel,
DECREES:
Article 1.- To establish
the State Stock Committee as an agency attached to the Government performing
the function of State organization and management over stocks and the stock
market.
The State Stock Committee has the legal person
status, a seal bearing the national emblem, its own account, its operating fund
provided by the State budget. Its staff is on the State payroll.
The State Stock Committee is headquartered in
Hanoi and has its representative office in Ho Chi Minh City.
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1. To compile legal documents on stocks and the
stock market and submit them to the competent level for consideration and
decision, and to organize and guide the implementation of those documents.
2. To assume the main responsibility for
coordinating with the concerned ministries and branches in organizing the
establishment and development of the stock market in Vietnam.
3. To issue, suspend or withdraw operating
licenses of stock-brokerage companies, stock consultancy companies,
stock-investing funds, companies managing the stock-investing funds and units
entitled to issue stocks for transaction on the stock market in accordance with
the regulations of the Government.
4. To establish and manage the organizations
servicing and supporting the operation of the stock market in accordance with
the provisions of law.
5. To submit to the Prime Minister for decision
the proposals on establishment, suspension of operation or dissolution of the
Stock Exchange.
6. To check and supervise the operation of the
Stock Exchange and the organizations involved in the issue and trading of
stocks and stock brokerage.
7. To issue regulations on putting up notices
and announcements on the issue and/or information on the stock exchange and
trading; to consult the Ministry of Finance in determining the charges and/or
fees related to the issue and trading of stocks.
8. To organize training courses to improve the
professional skills of the officials for the management of the stocks, the
stock market and for stock brokerage.
9. To cooperate with international organizations
and foreign countries in stock exchange and the stock market under the
regulations of the Government.
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11. To manage the material bases and
organizational structure, officials and employees of the Committee in
accordance with the regulations of the Government.
12. To perform other tasks assigned by the Prime
Minister.
Article 3.- The State
Stock Committee has its Chairman, Vice Chairmen, and a number of members who
are vice-ministers of Finance, Justice, Planning and Investment and a Deputy
Governor of the State Bank.
The Chairman and the Vice Chairmen are appointed
and dismissed by the Prime Minister, the members are nominated by the concerned
ministries and the State Bank. The Minister-Chairman of the Government
Commission on Organization and Personnel shall submit to the Prime Minister for
decision the appointment and dismissal of the Chairman and the Vice-Chairmen
and the list of the members of the State Stock Committee.
The Chairman of the Committee shall be
responsible before the Prime Minister for the entire operation of the
Committee. The duties of the Vice Chairmen and the members shall be assigned by
the Chairman of the Committee.
Article 4.- The working
apparatus of the State Stock Committee shall be composed of:
- The Department for Stock Market Development,
- The Department for Stock-Issuing Management,
- The Department for Stock-Trading Management,
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- The Department for Organization, Personnel and
Training,
- The Inspectorate,
- The Office.
The tasks, powers and staff of the above-said
units shall be decided by the Chairman of the State Stock Committee.
Article 5.- This Decree
takes effect from the date of its signing.
Decision No.361-TTg of June 20, 1996 of the
Prime Minister on the establishment of the Commission on Preparation for the
Organization of the Stock Market is now annulled.
Article 6.- The Chairman of the
State Stock Committee, the Ministers, the Heads of the ministerial-level
agencies, the Heads of the agencies attached to the Government, the Presidents
of the People�s Committees of the
provinces and cities directly under the Central Government shall have to
implement this Decree.
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